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ORDINANCE NO. ..{.'f 54
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the City of Bremerton
Comprehensive Plan as follows: (1) to change a portion of the plan's
land use map designation from Oyster Bay Neighborhood Center
(OBNC) to Low Density Residential (LDR) and Commercial
Corridor (CC) along Kitsap Way generally between National AVE
and Oyster Bay AVE., (2) to change the plan's land use map
designation from Low Density Residential (LDR) to Downtown
Regional Center (DRC) in the general vicinity of Chester & Warren
and 6th & Burwell, and (3) to make certain related amendments to
descriptive text and illustrations in the Comprehensive Plan.
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and the plans from other jurisdictions; and
WHEREAS, to assure that comprehensive plans remain relevant and up to date, the
GMA requires each jurisdiction to establish procedures whereby amendments to the plan are
considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each
year unless an emergency exists; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Comprehensive Plan in Title 21.06.01 of the Bremerton Municipal Code (BMC), which limits
amendments to the Comprehensive Plan to no more than once each biennium with amendments
occurring only on even-numbered years except as provided in BMC 20.06.050 ; and
WHEREAS, in September 2005, in accordance with BMC 20.06.050(e), the
Community Development Director declared an emergency Comprehensive Plan Amendment
process for 2005 to correct errors in the Land Use Map; and
WHEREAS, on September 20, 2005 the Washington State Department of
Community, Trade, and Economic Development was notified of the intent to proceed with a
Comprehensive Plan Amendment process in 2005; and
WHEREAS, in accordance with BMC 20.06.050(e)(4) the City Council
confirmed the emergency declaration by the Community Development Director on October 5,
2005 by passing a motion to direct staff to proceed with a Comprehensive Plan Amendment
process in 2005; and
WHEREAS, in the City Council's motion to direct staffto proceed with an
amendment process in 2005 it was established that the amendment docket would be limited to
examination ofthe Oyster Bay Neighborhood Center (OBNC ) in the vicinity of Kitsap Way
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Comprehensive Plan Amendment - 2005
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generally between National AVE and Oyster Bay AVE, and the Downtown Regional Center
(DRC) in the general vicinity of Chester & Warren and 6th & Burwell to ensure that commercial
uses could maintain commercial zoning; and.
WHEREAS, on October 8, 2005 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held
by the Planning Commission; and
WHEREAS, on October 18, 2005 the Planning Commission conducted the public
hearing on the 2005 Comprehensive Plan Amendment Docket, made findings, and formulated a
recommendation for City Council consideration; and
WHEREAS, the adopted Land Use map shows the area along Kitsap Way
generally between National Avenue and Oyster Bay Avenue as Oyster Bay Neighborhood Center
(OBNC) and the Planning Commission has determined that the area so designated is not entirely
appropriate and recommends amending the Land Use Map designation for a portion ofthe area in
the Oyster Bay Neighborhood Center (OBNC) to Low Density Residential (LDR) and
Commercial Corridor (CC); and
WHEREAS, the adopted Land Use map shows the general area south of 8th Street,
east of Broadway Avenue, and west of Warren Avenue as Low Density Residential (LDR) and
the Planning Commission has determined that this designation is not appropriate for the existing
commercial uses in this area and recommends amending the Land Use Map to be Downtown
Regional Center (DRC); and
WHEREAS, on October 28,2005 a SEPA DNS was issued for the proposed
action with an administrative appeal deadline of November 21,2005 and no appeals were filed;
and
WHEREAS, on November 19,2005 the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing by the City Council; and
WHEREAS, on November 30, 2005 the City Council conducted an additional
public hearing and considered all testimony prior to their decision.
WHEREAS, the proposal meets requirements of the Washington State Growth
Management Act (GMA); and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies (KCCPP); NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
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Comprehensive Plan Amendment - 2005
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SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION 2. The findings ofthe Planning Commission from the Planning
Commission meeting of October 18,2005, as set forth in the City Council packet on the date of
adoption of this ordinance, are hereby adopted and incorporated by reference as if set forth herein
in full.
SECTION 3. The City of Bremerton Comprehensive Plan adopted by Ordinance
No. 4917, is hereby amended to make certain amendments to descriptive text and illustrations
and to establish new plan designations for certain areas as follows:
A. For the properties currently designated Oyster Bay Neighborhood Center (OBNC )
located east of Pershing and north of 6th Street, amend the Comprehensive Plan Land Use
Map designation from OBNC to Commercial Corridor (CC) as depicted in the map
attached hereto as Exhibit "A" incorporated herein by this reference.
B. For the properties currently designated Oyster Bay Neighborhood Center (OBNC )
located east of Pershing and south of 6th Street, amend the Comprehensive Plan Land Use
Map designation from OBNC to Low Density Residential (LDR) as depicted in the map
attached hereto as Exhibit "A".
B. Amend the Comprehensive Plan descriptive text and illustrations shown on pages LU-13
and LU-14 "Oyster Bay Neighborhood" to reflect changes as identified in subsections A
and B above.
C. For the properties located south of 8th Street, east of Broadway A venue, and west of
Warren Avenue amend the Comprehensive Plan Land Use Map from Low Density
Residential (LDR) to Downtown Regional Center (DRC), as depicted in the map attached
hereto as Exhibit "B" incorporated herein by this reference.
SECTION 4. Severabilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion ofthis ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the 0 YAJ day of ~:::~ / ,2005
I~~~
DAREN NYGREN, Coun eSldent
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Comprehensive Plan Amendment - 2005
Approved this 4:...64) day of
ATTEST: APPROVED AS TO FORM:
. ._~~-~
~]ERA. LUBOVICH, City Attorney
PUBLISHED the ~ day of ~ ,2005
,2005
EFFECTIVE the IIdJ.J day of
ORDINANCE NO. 49S~
R:\LEGAL\Ordinances\Community Development\2005 Comp Plan Amendment.doc
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Comprehensive Plan Amendment - 2005
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Ordinance No.
Exhibit B: Amendment to
the 2004 Comprehensive
Plan land Use Map in the
Downtown Regional Center
Neighborhood Low Density Downtown
Business Residential Regional
(NB) (LOR) Center
(DRC)
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AFFIDAVIT OF PUBLICATION
Account #42742 / Ad # 100180999
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: ,
December 6, 2005 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $39.19, which
amount has been not paid in full.
(~ . ieL
~.'/ .,_ UJe i. I
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of December 9, 2005.
-'M11Y}LJ ~ ICIAL SEAL
Notary Public in and for the State of Washington, Kitsap County. DAWN BLATT
NOTARY PUBLIC - STATE OF WASHINGTON
ORDINANCE NO. 4954' My Commission Expires July 30, 2006
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AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the City of
Bremerton Comprehensive Plan as follows: (1) to change a portion of the plan's land use map designation
from Oyster Bay neighborhood Center (OBNC) to Low Density Residential (LDR) and Commercial
Corridor (CC) along Kitsap Way generally between National Ave and Oyster Bay Ave., (2) to change the
plan's land use map designation from Low Density Residential (LDR) to Downtown Regional Center
(DRC) in the general vicinity of Chester & Warren and 6th & Burwell, and (3) to make certain related
I amendments to descriptive text and illustrations in the Comprehensive Plan.-
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PASSED by the City Council the 30th day of November, 2005.-
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The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.~
December 6, 2005"#100180999-