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HomeMy WebLinkAbout5037 ORDINANCE NO. 5037 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 Ordinances No. 4954 and 4985, as follows: amend the Land Use Map to re-designate a total of 97 acres of lands south of the Werner Rd. corridor from primarily Industrial (I) to primarily Low Density Residential (LDR); formally include approved Sub Area Plans, the 2007 Parks Recreation and Open Space Plan and the 2007 Non- Motorized Transportation Plan as adopted elements of the Comprehensive Plan; and make text corrections to land use designations text to reconcile conflicting language. 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 ofthe Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, on September 10, 2007 the Washington State Department of Community, Trade, and Economic Development received notification ofthe Comprehensive Plan Amendment docket for 2007; and -/ WHEREAS, one comprehensive plan amendment application was submitted and is brought fOrWard in the 2007 Comprehensive Plan amendment docket, and other amendments are brought forward by staff; and WHEREAS, on September 18, 2007 and November 20,2007 the Planning Commission conducted public hearings on the 2007 Comprehensive Plan Amendment Docket, and notice for both hearings was posted in the Kitsap Sun, and the Planning Commission formulated a recommendation to City Council for consideration following the hearings; and WHEREAS, on September 7,2007 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of October 1, 2007 and no appeals were filed; and 1 2007 Comp Plan Amendment WHEREAS, on December 6, 2007 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, the City Council passed Ordinances Numbered: 4962-East Park Sub Area Plan, 4998-West Park Sub Area Plan, 5025-Wheaton-Riddell Sub Area Plan, and 5034- Downtown Sub Area Plan, each constituting a separate amendment to the Land Use Map and the 2007 Comprehensive Plan Amendment Docket updates the overall Land Use Map to reflect these additions; and WHEREAS, on December 19,2007 the City Council passed Resolution No. 3045 approving the 2007 Parks Recreation & Open Space Master Plan, and Resolution No. 3046 approving the 2007 Non-Motorized Transportation Plan; and WHEREAS, on December 19, 2007 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 and 4985, is hereby amended as follows: A. Amend the Land Use Map (Pg. LU-46) to re-designate a total of97.09 acres of land to the south of the western terminus of Werner Rd. from existing designation of Industrial (1) - 87.09 acres and City Utility Lands (CUL) - 10 acres; to Low Density Residential (LDR) - 88.5 acres, Neighborhood Business (NB) - 1.5 acres, and Industrial Park (IP) -7.09 acres, more particular described in Exhibit B affixed hereto. B. Adopt the 2007 Parks, Recreation & Open Space Plan as an element of the Comprehensive Plan, and adopt the 2007 Non-Motorized Transportation Plan as an element ofthe Comprehensive Plan, and update the official Land Use Map (Pg. LU-26) to reflect adopted Sub Area Plans. C. Amend the text ofthe Comprehensive Plan on Page LU-47: 2 2007 Comp Plan Amendment Structure Type: Detached single family housing (unless P-lJI)RCD) includes zero lot-line. Amend the text of the Comprehensive Plan on Page LU-56: LC (Limited Commercial) General development parameters Density: hre 10 dwelling units per acre as a secondary use. Amend the text of the Comprehensive Plan on Page LU-60: HE (Higher Education) General development parameters Density: N/A Height: 6f) Six to eif!ht stories maximum. Amend the text ofthe Comprehensive Plan on Page LU-12 at the end of the first paragraph to add: Building heights greater than the three to four story height limit assigned to neighborhood centers, may be allowable only pursuant to an approved Sub Area Plan which addresses neighborhood impacts and views. SECTION 3. Severability. If any provision ofthis ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. 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. PASSED by the City Council the /1Jb day of ~ ,2007 3 2007 Comp Plan Amendment Approved this r:2!;fIu day of ATTEST: APPROVED AS TO FORM: PUBLISHED the eJWI day of ~~ EFFECTIVE the JA Ii day of ____ ORDINANCE NO. .3ZJd7 ,2007 ,2003 4 2007 Comp Plan Amendment EXHIBIT A DRAFT FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2007 Annual Comprehensive Plan Amendment Docket I. FINDINGS OF FACT 1. Project Description The City considers Comprehensive Plan amendments annually. A new Comprehensive 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 received one amendment applications from the public, and three amendments have been identified by staff. The four changes on the docket are: change in land use designations south of Werner Rd. (applicant proposed); updates to reflect Sub Area Plans completed since the 2004 Comprehensive Plan; revisions and corrections related to Urban Growth Areas; minor text corrections related to Land Use Designations for full consistency. 2. Procedural History 2.1 On September 5, 2007 Staff notified the Department of Community, Trade and Economic Development of the intent to adopt ~mendments to the Comprehensive Plan. 2.4 On September 11, 2007 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment. 2.5 On September 18, 2007 Planning Commission conducted a public hearing on the 2007 Comprehensive Plan docket and formulated a recommendation to City Council. 2.6 On November 20th, 2007 the Planning Commission conducted a second public hearing on the 2007 Comprehensive Plan docket to consider a revision to Amendment I of the docket. 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. Jeff Pantier. Hatton Godat Pantier, Inc. 1840 Barnes Blvd SW, Tumwater, WA 98512 3.2 Individual providing verbal testimony to staff. a. Richard Christopherson. Ace Paving. PO Box 4520 Bremerton, WA 98312. 4. SEP A Determination A SEPA Determination of Non Significance (DNS) on this action was issued on September 7,2007. EXHIBIT A 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10. 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. 5.1 BMC 20.10.080(A) allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. Three of the amendments fall into the category of obvious technical error. The Updates for Sub Area Plans falls into this category because it is updating language that has become outdated or inaccurate due to additional Sub Area Plans having been adopted since initial Comprehensive Plan adoption. The amendment for Urban Growth Area Revisions and Corrections falls into this category because it is updating language that has become outdated or inaccurate due to a new County Comprehensive Plan having been adopted since initial City Comprehensive Plan adoption. And the amendment for Text Corrections to land use designations is needed to reconcile conflicting language within the Comprehensive Plan. 5.2 BMC 20.10.080(8) allows amendments to the Comprehensive Plan if certain criteria have been met. The amendment of the land use map to change the designation of 98.5 acres of lands south of Werner Rd. in West Bremerton from primarily Industrial (I) to Low Density Residential (LOR) with a 1.5 acre pocket of Neighborhood Business (NB) and to change a 7.09 acre section of lands from the Industrial (/) designation to the Industrial Park (IP) designation. 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, and communities, 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 with industrial uses. Market demand for single family residential developments in the south and west Bremerton vicinity has expanded significantly in recent years. Meanwhile industrial demand has been flagging. Also, the City of Bremerton contains an overabundance of Industrially available lands as documented in the 2004 Comprehensive Plan. EXHIBIT A 5.2 (4)This amendment to the land use designation is compatible with existing or planned land uses and the surrounding development pattern. The proposed residential development is immediately adjacent to a permitted (platted) 600+ unit residential housing development. The LOR lands are also within close proximity to a large regionally scaled public park. The inclusion of a pocket of Neighborhood Business (NB) is compatible with Comprehensive Plan directives to locate NB in locations to support residential communities without easy access to a Center district. This vicinity has no walking access to a Center. However, after further consideration the NB pocket is positioned near the center of the potential development to allow for possible future conversion to a Neighborhood Center. 5.2 (5)The amendment to designate the area LDR 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." Critical City infrastructure including potable water and sewer trunk lines are in Werner Rd. adjacent to the proposal. Werner Rd. is a transportation arterial linking to Route 3, for convenient transportation access. 5.2.(6) The inclusion of a 7.09 acre area of Industrial Park (IP) at the edge of the development at Werner Rd. is consistent with Comprehensive Plan directives. Particularly applicable is the description of the IP land use designation pg. LU 57: "Provide for appropriat locations for light industrial uses in a well planned complex. Industrial Parks shold include adequate landscaping, architectural standards, and other site design consideration to assure compatibility with neighborhing uses - especially residential areas." Policy LU 1 J is also directly applicable: "Buffer surrounding communities from regional transportation corridors, allowing for transitional and sensitive development patterns. Ensure flexibility and options for buffering." 5.3 Discussion of Possible Future Neighborhood Center at Werner Rd. & Nearterm Size of the Neighborhood Business Component The Planning Commission discussed at length the size and nature of the Neighborhood Commercial component ~o support large residential developments in the Werner Rd. corridor. The Planning Commission concludes that at the current time, a relatively small Neighborhood Business pocket is appropriate. The general magnitude of approximately one and a half acres is recommended. After review of the proposed amendment I during the November 20th, 2007 meeting the Commission also finds that a more central location is appropriate for an NB pocket. Planning Commission recognizes that in the future there may be a need for a larger commercial pocket to support residential development in the area, which could grow to become an additional Neighborhood Center. The Comprehensive Plan does call for most residential neighborhoods in the EXHIBIT A city to have nearby access to a Neighborhood or District Center. As development unfolds in the Werner Rd. Corridor the Planning Commission recommends future review of supporting commercial, and whether a Neighborhood Center is warranted. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that the 2007 Comprehensive Plan Amendment Docket has met the criteria for amendments to the plan as detailed in BMC 20.10.080 and therefore recommends adoption by the City Council. Respectfully submitted by: Executive Secretary Approved by: I- . ~v/ 1____ "'-~~ . ~r--=::::: if ill f? I . ~ J ~/fl ,/ ... f" E . p Re-Designation to indl strial Park (IP) ~ ~'.11 (7.09 acres) currenffY Industrial (I) . U ~ I ~u n ~ i n f I ~. ~~ : ~~~'#~~h~ q1J. dge ~~. v~:!ff /~~~ ~ (0)'>- f\ \~~f{; ~ ~A /"/W/ ~/ ~ /~\o;., // / " ';;fA - \ ~~,~,,~'i .~,~ l.",:J>. J;;/~I ''': //Y/) 1>. // I~~~ ; / ~ ~ ~ ~ Proposal ~ i'I ......; '.' ff~ ~ ~ y. /'/-~~u ~~II . '/~";~~~r / W /.~~z;jj#"~;& I I J~~Vicinity MapO/' I r 1JJl~/Y/7/f/';/ffff.j/ff/YYJ. .! ... l " '" ,..~ ,../ .... 41." ~.. / ~... \ ~ ~Jl f-- ---I 1/ J+ . ~O:i i .~ .1 ~ ~~ (,,01;' / ~ ~ I' l ~ g .l . ~ / I r-~"-"":~..[Il .l ! ! -$-~~ 01;' l CUL i . ~ Re-Deslgnatlon to I i low Density Res~dential(LDR). I ; Kitsap County i Currentlt Industrial (I). _..._.rr_....-Tl .-S;;;;;;;;;;;-.....-= I I " " hU ~ CUL CUL ) Re-Designation to Low Density Residential (LDR) Currently City Utility Lands (CUL). I 1/ i , I r--;/ f\\ II k ,l~ Exhibit 8 ~ .<Fy 1: ~ . ...... .... u rl'T'~ I ~ .tt /.1' L T-" . r t- f-L11 II ~_"'\.J ~ 'I' .? r . ~ ~.s;r_ IrJ l II. r- 1 '..J ~-- lLi Vi 1-' il ~ ~ . _I-a -:u. --I.. 'I =--- ~. . . T--'-Tr I H.~~ w--- ':'If - n I-t- WE.RNER ..; t:JIJ~ ~uJ- , -:.1- h , -ill H _ t: rT. I ~. ]:L. I*i~ '::"\ .~O:i .^~ _ ""'"/01;' ~',~ I I--- I - 8 ~r ~ tLi\ ~ I I f-T~m- ~ ~ LDR ~} oJ ~i' ~ - - 0~ Q.'li ~ Re-DesignatioEo Q. :t:: . Neighborhood Busine. ss (NB) Z Jj 1.5 Acre. Currently Industria;" LI \> ~ ~ LDR ..,.., City Limits Tax Parcels ! ....-............l ITITi 1-- ! 1 CJ 1.000 o I Feet AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 219009 STATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, 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 date, to wit: December 24, 2007 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 $42.08 which amount has not been paid in full. c be ~L\tr yv\~--1:l\ (Signature of Principal Clerk) Subscribed and sworn to before me this day of January 7, 2008 8i>~~~~;) #;' \. \f~ ".. '" '.},1 .~) ", ,.......-: ... ',~ c,~' o.\..~ .; "" ' ~,f)\, \I... /, () .,".,,-,,,SIi..fl'f.',. "'-<,V.\ ~:;/:..:~~" c'~~~~:~~ l J ..~~.}~,> (~ VI "r"" ,.' "(.F,,, '):\'0 :;~-~: ., ':'!" ',,' .,,;:' "f'!~L(': '~I V': IJ) \.1- c, J ~)\;~~;, -"r /_<:, "1.,,,--,,1 ..,<I.<() ~ ' (0\~~/~' ,. ...:;, . -0' j \{h~ C):," :'~'I. :,~..(;"'~? ~\"u,~ ,N A C;\"',\ ,.\ /SC:;f ~~\::~~~~,~s..S::;:~:~;/ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5037 AN ORDINANCE ofthe City Council ofthe City of Bremerton, Washington, amending the City of Bremerton Comprehensive Plan, adopted by Ordinance No. 4917 and amended by Ordinances No. 4954 and 4985, as follows: amend the Land Use Map to re-designate a total of 97 acres of lands south of the Werner Rd. corridor from primarily Industrial (I) to primarily Low Density Residential (LDR); formally include approved Sub Area Plans, the 2007 Parks Recreation and Open Space Plan and the 2007 Non- Motorized Transportation Plan as adopted elements of the Comprehensive Plan; and make text corrections to land use designations text to reconcile conflicting language. PASSED by the City Council the 19th day of December, 2007 December 24, 2007.................AD #20057710