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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:
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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
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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