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HomeMy WebLinkAbout4985 ORDINANCE NO. 4985 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the City of Bremerton Comprehensive Plan, adopted by Ordinance No. 4917 and amended by Ordinance No. 4954, as follows: Update the introduction text for clarification of urban separators, amend the land use map designation for Northwest Corporate Campus from Employment Center to Low Density Residential, Amend the land use map designation for Parcel No. 322401-3-044-2001 from City Utility Land to Low Density Residential, and Correct the Eventual Growth Map boundaries to be consistent with Kitsap County's April 1, 2005 adopted 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), that limits amendments to the Comprehensive Plan to no more than once each biennium with amendments occurring only on even-numbered years; and WHEREAS, on August 28,2006 the Washington State Department of Community, Trade, and Economic Development received notification of the Comprehensive Plan Amendment docket for 2006; and WHEREAS, no applications were received from the public and the docket is limited to the four items brought forward by staff; and. WHEREAS, on August 19, 2006 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 August 29,2006 the Planning Commission conducted the public hearing on the 2006 Comprehensive Plan Amendment Docket and formulated a recommendation for City Council consideration; and WHEREAS, on September 7, 2006 a SEP A DNS was issued for the proposed 1 2006 Comp Plan Amendment action with an administrative appeal deadline of October 5,2006 and no appeals were filed; and WHEREAS, on October 21, 2006 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 1, 2006 the City Council conducted a public hearing and considered all testimony prior to their decision; and 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: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The City of Bremerton Comprehensive Plan adopted by Ordinance No. 4917 and amended by Ordinance No. 4954, is hereby amended as follows: A. Amend text of the Introduction on page 13 to read as follows: As Sinclair Inlet ends in the shallows of the Gorst Creek inlet, the landscape continues south as a wide valley with an undulating floor along Highway 3. The existing Bremerton City Limits follow the west side of the highway for several miles. The industrial lands in this area provide some of the prime venues for the City's economic growth. They have excellent transportation access, can be linked by transit to nearby residential growth areas, and are largely free of critical area lands. Bet\veen this urea and urbanizing lands outside of Port Orchard, the 8unnyslope rural area provides a beneficial separator betv/een the two cities. By agreement among Bremerton, Port Orchard, and Kitsap County, the Sunnyslope separator provides long term certainty about each community's ultimate growth, without the need for either city to "push" its respective UG"^~'s in the short term to protect future interests. Over time, unincorporated land between Gorst and Bremerton will be added to the City's UGA as that land is needed for additional growth. Depending on rates of grov.ih, these con':ersions mayor may not happen within the current 20 year GMA planning horizon. The City of Bremerton believes that such urbanizing areas around the City should be associated with the City's growth future, and will 2 2006 Comp Plan Amendment work toward demonstrating the capacity to be the provider of urban services in these areas. During the discussions ofUGA associations the City will continue to work cooperatively with the City of Port Orchard and Kitsap County to ensure that there are appropriate urban separators between the urban areas of Port Orchard and the future Silverdale. B. Amend the text of the Land Use Element on page 61 to eliminate reference to Northwest Corporate Campus as an employment center as follows: Northv/est Corporate Campus Employment Center The Northv/est Corporate Campus is a large area along Highway 16, southeast of Gorst. The area will be developed as a well integrated mixed use Employment Center. A detailed center development plan should be prepared to ensure that the area is developed as an integrated mixed use Employment Center. C. Amend the official Land Use Map to change the designation of the Northwest Corporate Center site from "Employment Center" to "Low Density Residential" as shown in Exhibit B D. Amend the official Land Use Map to correct the mis-designation of Parcel No. 322401-3-044-2001. The parcel was mistakenly designated as "City Utility Land" on the Comprehensive Plan Land Use map and should be designated as "Low Density Residential" as shown in Exhibit C. E. Correct the Eventual Growth Map. This is a corrective action to update our eventual growth map to be consistent with a settlement agreement with Kitsap County as a result of a Central Puget Sound Growth Management Hearings Board appeal. This map update is to amend the City's depiction of the Unassociated UGA Boundaries in the SKIA vicinity to be consistent with the boundaries shown in the County's April 1, 2005 adopted maps. The map amendment is shown in Exhibit D. SECTION 3. Severability. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. 3 2006 Comp Plan Amendment dayof ~ ,2006 ~:/fhL~ . CECIL McCONNELL, Council President ~ PASSED by the City Council the /g, Sf Approved this / day of ,2006 e~~ CARY BOZEMAN, Mayor APPROVED AS TO FORM: ~~ BOVICH, City Attorney PUBLISHED the 'i?~ day of ~ EFFECTIVE the I ~ day of . ORDINANCE NO. 'f-9f1'~ ,2006 ,2006 R:\Legal\LegaI\Ordinances\Community Development\2006 Comp Plan Amend.doc 4 2006 Comp Plan Amendment FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2006 Biennial Comprehensive Plan Amendment Docket I. FINDINGS OF FACT 1. Project Description 2006 is City's standard year for the consideration of biennial Comprehensive Plan amendments. The Plan was adopted in December of 2004 and the intent of this year's amendment process is to make only minor changes and corrections. The City did not receive any amendment applications from the public and therefore the amendment docket is only comprised of the changes that have been identified by staff. The docket is comprised of four changes: A clarification in the Introduction text, modification of the land use designation of the "Northwest Corporate Campus Site" from "Employment Center" (EC) to "Low Density Residential" (LOR), correction of a mis- designated privately owned property (Tax Parcel 10: 332401-3-044-2001) from "City Utility Land" (CUL) to "Low Density Residential" (LOR), and a correction of the Eventual Growth Map to show UGA boundaries that are consistent with that adopted by Kitsap County. 2. Procedural History 2.1 On August 25, 2006 Staff notified the Department of Community, Trade and Economic Development (CTED) of the intent to adopt amendments to the Comprehensive Plan and CTED received this notice on August 29, 2006. 2.4 On August 19, 2006 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment. 2.5 On August 29, 2006 Planning Commission conducted a public hearing on the 2006 Comprehensive Plan docket. 3. Public Comment 3.1 Individuals submitting written comments: None 3.2 Individuals providing verbal testimony at Planning Commission public hearing: None 4. SEPA Determination SEPA determination on this will be completed following the Planning Commission public hearing. 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 21.06.080. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met. EXHIBIT A 5.1 BMC 21.06.080(A) allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. Three of the amendments, clarification of the Introduction text, correction of the Land Use Designation for Tax Parcel 10: 322401-3-044-2001 from CUL to LOR, and modification of the Eventual Growth Map to illustrate the correct boundaries for the UGA are clearly technical corrections and it is appropriate to make these modifications at this time. 5.2 BMC 21.06.080(B) allows amendments to the Comprehensive Plan if certain criteria have been met. The amendment of the land use map to change the designation of the Northwest Corporate Campus from EC to LOR meets the criteria for amendment as discussed below. 5.2 (1)The amendment is consistent with the Growth Management Act by addressing the current land uses of the sites by adjusting the map to better suit the needs of those uses, and directs urban growth in appropriate areas. 5.2 (2) The amendment to change to LOR is consistent with the comprehensive plan such as LU-3 because it allows for an environment that promotes growth, and LU-1 by enhancing distinctive neighborhoods, communites, and centers throughout the city. 5.2 (3) The Planning Commission previously reviewed and City Council adopted the land use map in December 2004. Since that time circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment. The vision for the subject property is that it will be developed with residential, not commercial employment uses. 5.2 (4)This amendment to the land use designation is compatible with existing or planned land uses and the surrounding development pattern. 5.2 (5) The amendment to designate the area LOR will not adversely affect the City's ability to provide urban services at the planned level of service. The amendment will bennefit the public health, safety and welfare by achieving some of the City's housing goals, including H3 "Provide a variety of housing types and densities to meet changing needs of Bremerton residents." EXHIBIT A II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that the 2006 Comprehensive Plan Amendment Docket has met the criteria for amendments to the plan as detailed in BMC 21.06.080 and therefore recommends adoption by the City Council. Respectfully submitted by: Executive Secretary Approved by: John Cockburn, Chair EXHIBIT A , I I I I I .1 ' 1 If j. -----11 -b= 11 II ,-_. ~r-II I 1-1-.11 L.. I II I I i I ! ! I . I-JLL I -~LlL-, / uO!Jeu6!sapa}:l dew asn PUel ueld aAISua4aJdwo::> ./" AIINI::>I^ Redesignate Hatched Parcel to Low Density Residential (LOR) Tax Parcel #: 322401-3-044-2001 \l> !'~N11 / I ,~ W Il,' v /' Bre~110n F -J; _r~i 1- --- ~I I . i ru I Cit', Limi'S-~ j 1-1 Exist 'ng Uf:;A I ./ X ....! .---i; (Un~ hang,eaJ .J[ :.~ "'" ~ -.--'1 . ....1--' I A '__ -- I _.L_ ;'1-1 " - /; ',,== j' ir-- -~ 'l ''==-" '_Sf VICINITY"," f &'~ I I=-i r'- -I '1 . ~ ~ I -. 1/ )/h - I 1 I' 51 . \ I: I I \ . V! . 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J-1 t-tjj IEfftfl , . . t' .--llSJ1' . '1 I' L.J-._.l. ", . I. 111' I' I , . .' ~I I.~-,J ~jii . /',1 1'-11 -. . . u, I L . Li I l,op> ! J . . ". }-L-'f' J Ii 1/ I . ' .,m_~U I ~i~ ~/' i 'I U I I / ~ JI==;L, i I! I I rF'-.[ ~ / LJj ----_/ Comprehensivfpian //r- Correction of 1l~1 "ff ..., I~II U City of Bremer1jon/~k Eventual Gro~ rO~llilap U \ , \ \ I I \\ m >< :I: - m - ... C AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 168621 ST ATE 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: , November 8, 2006 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 $43.49 which amount has not been paid in full. ~~ Lue~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 15,2006 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4985 AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, amending the City of Bremerton Comprehensive Plan, adopted by Ordinance No. 4917 and amended by Ordinance No. 4954, as follows: Update the introduction text for clarification of urban separators, amend the land use map designation for Northwest Corporate Campus from Employment Center to Low Density Residential, Amend the land use map designation for Parcel No. 322401-3-044-2001 from City Utility Land to Low Density Residential, and Correct the Eventual Growth Map boundaries to be consistent with Kitsap County's adopted plan. PASSED by the City Council the 1st day of November, 2006 The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600, Bremerton, W A 98337. November 8, 2006.....................AD #20022811