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HomeMy WebLinkAbout5063 ORDINANCE NO. ~o6'3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the zoning code in both section 20.40 Definitions and ~ 20.58.060 entitled "Residential Cluster Development". Amendments include clarification, reorganization, and minor modification of standards to encourage. open space preservation through incentives such as flexible development standards. WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application ofthe new Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.l8.020(d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other city, state, and federal codes, regulations and ordinances; and WHEREAS, these amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on May 20, 2008 the Planning Commission conducted a workshop to determine the appropriate approach for the amendments; and WHEREAS, on August 1, 2008 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period and the City received conformation on August 4, 2008 that the notice was received; and WHEREAS, on August 7, 2008 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 19,2008 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on August 12, 2008 a SEP A DNS was issued for the proposed action with an administrative appeal deadline of September 5, 2008 and no appeals were filed; and 1 Zoning Code Amendment WHEREAS, on September 30, 2008 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 October 15, 2008 the City Council conducted a public hearing and considered all testimony prior to their decision. 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. Section 20040 in the Bremerton Municipal Code entitled "Definitions" is hereby amended to add the definition of open space as follows: "Open space" means land area not covered by buildings. roads. driveways. parking areas. or outdoor storage areas. including. but not limited to. landscape areas. gardens. walkways. courtyards. lawns. or outdoor recreation areas. The use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. SECTION 3. Subsection 20.60.060 in the Bremerton Municipal Code entitled "Residential Cluster Development" is here by amended as follows: 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent~ and Purpose. The intent of the residential cluster development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. These provisions aim to allow greater flexibility in the design of subdivisions to ensure development is in harmony with the natural characteristics onsite and to preserve features such as: critical areas. open space. recreation areas. or scenic vistas. The purpose of the RCD is topreserve open space, allow for innO'.rative design and reduce impacts to sensiti'/e environmental areas. (b) Applicability~-; A +he RCD may be applied to all subdivisions as permitted in BMC 20.12 Land Division. attached and detached single family residential developments of three (3) or more dV/ellings tet Applicant. The City, federal, state or local agencies, property oVlller(s), or their designated agents may initiate a request for a RCD. (d~) Procedures~ ill A RCD may shall be processed in coordination with a subdivision application and will follow the permitting procedures established in BMC 20.12 Land Division.either as an administrative Type II Director decision or as a nonadministratiye Type ill Hearing Examiner decision plU'suant to the provisions set forth in Chapter 20.02 BMC. 2 Zoning Code Amendment (1) The Director may require a nonadministrative RCD v/henever the use has a significant impact beyond the immediate site, is of a neighborhood or community ',vide interest, or is of a controversial nature. (2) The Director mayhas the discretion to convert a Type II administrative subdivision application that is using the RCD provisions to a Type III nonadministrative Conditional Use Permit any time prior to the issuance of a decision on the application should the Director find the proiect to have significant impacts beyond the immediate site, is of a neighborhood or community wide interest, or is of a controversial nature. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property. (e) Scope of }..pproval (1) Appro'ial of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage and development coyerage may be granted. (2) Approyal of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires, in v/hich case the previous zoning standards automatically return. (gt) Development Standards";~ Modification may be allowed to the underlying zone for which a RCD applies as follows:The follo',ving standards are applicable to a RCD: (1) Lot Requirements. w-Density~"; The minimum and maximum density of the underlying zone shall apply, however,"; \Vithin the low density residential (R 10) zone the density shall be determined pursuant to the proyisions in DMC 20.60.065, 20.60.066 and 20.60.068. For the purposes of the RCD, unbuildable critical areas as defined in BMC 20.1420.14.200_ may shall be included in the area for calculating density: however land used for right-of-way may noLA.. right of way assumption shall be deducted from the total area of the critical area. The assumed right of way deduction is a percentage of the total environmentally critical area equal to the percentage of the deyelopable site deyoted to rights of way. (H2) Minimum Lot Size~"; Lot size may be reduced to The minimum lot area is two thousand five hundred (2500) square feet. provided all lots are buildable. (i) Reductions below two thousand five hundred (2500) square feet will only be permittedifthe applicant provides an additional ten (10%) percent of permanently protected open as required by BMC 20.58.060( d)(7).-:- (A) Three thousand (3,000) square feet ',vithin the 10':.' density residential (R 10) zone. Reductions to the lot size may be allowed if an environmentally sensitive area is located on the property and the reduction is the minimum necessary to comply '.'lith the minimum density requirements set forth in subsection (f)(l)(i) of this section. (D) Zero (0) within other zones. (2) HeightThe maximum building height of the underlying zone maybe increased, provided the height of buildings arc compatible v/ith the scale of the surrounding neighborhood, do not adversely affect existing scenic '{iev/s, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. 3 Zoning Code Amendment (3) Setbacks: (i) For the purposes ofthis. section perimeter setbacks shall be defined as the exterior boundary of the entire property to be subdivided. Structures and parking areas shall be setback a minimum often (0) feet from all perimeter property lines. (ii) All other setbacks may be modified to encourage innovative site design. Other Standards. Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and d (4) Lot Width: Deviations are permitted. (5) Development Ceoverage: The development coverage is limited to 50% of the total site area including open space.as prescribed in subsection (e)(I) of this section. (6) Parking: Two parking spaces are required for each primary residence. All deviations from the standard parking requirements shall be accompanied by a detailed analysis showing how alternative parking will provide better site design and will provide clear benefits to the residents. Deviations are permitted as follows: (i) Setbacks may be modified; (ii) Parking may be applied to the entire site rather than to individual lots; (iii) Parking tracts shall be placed in easily accessible locations; (iv) Designated parking spaces should be clearly marked. (41) Perimeter SetbacksStructures shall comply '.'/ith the setbacks of the underlying zone along the outer perimeter lot lines of the site. ~Housing Type: Attached and detached single family homes and townhomes are allowed as primary residential structures. Accessory dwelling units are permitted pursuant to BMC 20.46.010.Circulation (i) }.11 streets within the deyclopment and rights of way shall be designed and constructed in accordance v/ith the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet '.'/ide. (ii) Pro~/isions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) }.11 streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The pro~/ision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the parking requirements as set forth in Chapter 20.48 BMC. The Director may modify these standards to best meet needs and objectives of the project, provided parking ~Nill not spill o~/er into nearby neighborhoods. (6) Screening. }..ll utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use oftrees and/or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (1~) Open Space Designation and Preservation:~ (i) Open Space Designation. (i) Each RCD shall provide not less than twenty (20%) percent of the gross site area for common open space which shall be primarily concentrated in large areas. 4 Zoning Code Amendment When these areas are designated as critical areas they should be designed to provide connectivity for habitat functions: (ii) The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on fr-separate tractW1 or tracts and shall be developed for passive or active recreational uses or set aside to preserve enyironmentally sensitivecritical areas as defined in the Critical Area Regulations in BMC 20.14:-; (iii) Parking areas, rights-of-way, driveways, and yards within individual lots shall not be included in common open space:Open space shall not include land for streets, driveways, parking or other infrastructure improyements. (iiiy) Deyelopment. Facilities and other improvements that enhance recreational useW may be located in an open space area (provided they are not prohibited by other sections of the BMC). Such facilities can include. but are not limited to fields, picnic areas. playgrounds. and athletic courts. A single residential detached d'vvelling may be allowed v.rithin an open space tract if the open space contains an environmentally sensitiye area and deyelopment complies with all other requirements. (v) Open space areas shall be restricted in perpetuity from further subdivision and or land development. This restriction shall be noted on the face of the Plat. (Hivi) Open Space Plan~-; For all designated open space areas the proposal shall include aAn open space plan. This plan is to ensure the open space is maintained and preserved in perpetuity. Open space requirements established in the Critical Areas regulations (BMC 20.14) shall be met for all designated critical areas. All open space areas excluding critical areas shall comply with the following: is required iAL te-iIdentify all proposed improvements such as public facilities, proposed vegetation, and existing vegetation to remain: and , enyironmentally sensitive areas, significant trees .cID The plan must comply with the requirements of the landscaping chapter,pursuant to _Chapter found in BMC 20.50; BMG-and and other vegetation to be preserved. .(Ql The Plan shall "^... management plan outlin~_maintenance responsibilities;, in a format acceptable to the Director: and shall be included as part of the plan. @ The plan shall include (iy) Guarantee. A a Notice to Titlclegal instrument _approved by the City and recorded with the County Auditor, 'which shall include a notice on the title.:. ]eferencing the legal instrument, is required. The legal instrumentThis Notice shall-may include, but is not limited to, the follO'vving guarantees: ~ provisions for the designation and retention of open space. and Retention of the open space per the open space plan prescribed in subsection (f)(7)(iii) ofthis section; fBtPQrovision~ for ef permanent maintenance of the open space and/or commonly owned facilities.:.t (C) Grants to or reservations for the use of property o':.rners of all open space and commonly owned facilities within the dcyelopment; (D) Conyeyances to property ovmer associations or corporations. (~g) Criteria for Approval. The decision-making authority may grant a RCD only if it is found that: 5 Zoning Code Amendment (1) A RCD shall is approved with the approval ofa subdivision. The RCD shall follow the same approvals and timelines as the concurrent subdivision application pursuant to BMC 20.12 Land DivisionThe location, design, and uses are consistent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (",(hen applicable), the City's development codes and other City plans and ordinances; (2) The residential development integrates '.vith its surroundings and is designed to harmonize with existing or proposed development in the neighborhood; _(3) The traffic generated by the de'(elopmcnt can be accommodated safely and within acccptable levels of service for affected streets; (4) All deyelopment will adequately be served by existing or planned facilities and services; and (5) The de'(elopment makes adequate and appropriate proyision for the preservation of the en'(ironment, both natural and manmade, and the conservation of energy. (h) Lapse of }..pproval. If not acted upon within t\'/O (2) years from the date of the decision, approyal of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6) month extension if the applicant makes such a request in vmting prior to the expiration of the RCD and can sho'N good cause for granting the extension. (Ord. 1977 ~8, 2006; Ord. 1950 ~8 (Exh. .\) (part), 2005) SECTION 4. 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 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 /$;1:1.) day of L{...t.~) ,2008 Approved this /1.d:Iu day of 6 Zoning Code Amendment ATTEST: APPROVED AS TO FORM: 4:t~ ~M/ CAROL E G N, CIty erk }11/ [::b t ROGER A. LUBOVICH, City Attorney PUBLISHED the ~J day of ~ EFFECTIVE the (3IJrJu day of ORDINANCE NO. ...,6~~ , 2008 ,2008 7 Zoning Code Amendment FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The City adopted provisions for Residential Cluster Developments (RCD) in 2005. This type of subdivision uses less land and encourages the preservation of open space to reduce impacts on environmentally sensitive or critical areas. The intent is to group or cluster the homes in one area of the site to allow for preservation in other areas. Staff has found these provisions to be extremely useful in protecting critical areas while allowing urban densities, however minor modification is needed to ensure the code provides clear definition of what deviations are allowed and how much open space must be preserved. The Bremerton Municipal Code chapter 20.18 'Text Amendments" directs staff to bring amendments that result in any substantive change to a public hearing by the Planning Commission and then to City Council for review and adoption. Planning Commission conducted a Public Hearing on August 19, 2008 and made a recommendation to approve the proposed amendments to the Zoning Code. I. FINDINGS OF FACT 1. Project Description: Amendments to the RCD code include the following: . Allow reduced lot sizes . Establish a 10' perimeter setback . Require 50% max development coverage (applied to entire site) . Allow deviations to parking standards . Require 20% - 30% open space . Eliminate duplication of standards found in other sections . General organization of requirements On August 19, 2008 the Planning Commission held a Public Hearing on the proposed amendments and unanimously recommends these amendments to the City Council for adoption. 2. Procedural History 2.1 May 20, 2008 Planning Commission Workshop 2.2 August 4, 2008 CTED 60 day review period began 2.3 August 9, 2008 Notice of Public Hearing 2.4 August 19, 2008 Planning Commission Public Hearing 2.5 August 12, 2008 Issuance of SEPA DNS 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. To be inserted following the Planning Commission Hearing. 4. SEPA Determination A Determination of Non-Significance was issued on August 12, 2008 with an appeal deadline of September 5, 2008. No appeals were filed for this action. 5. Consistency Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. 20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. Analysis: The amendments are minor and continue to uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the zoning code. Analysis: 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other City, state and federal codes, regulations and ordinances. The amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that The Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code and therefore recommends the adoption of the amendments to the Zoning Code. Respectfully submitted by: /l /) / i . I' I / } -~ 'v I rj/ / '/' ? ~. ~ Approved by: ~f?~~ Bill Mosiman, Chair AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 240298 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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: October 20, 2008 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 p blication is the sum of$36.97. The amount has not been paid in full. i (Signature of Principal Clerk) Sub"ribeJ oud ,worn to before me tbi, d,y of 0"02 Notary Public in and for the State of Washington, Kitsap County. Gd~8~~'S~~:~~~\r, /~~F ,.:::,. \-:_ '," I vI U)j :'1, ~:~~-;/('''';\ >j} ';;;,r.:)(":"'~,,tl,,7 1;'" :"v;;... '-If'!''1 ~, 1""" "".w.d"", ,,,,,\iI' ~ {",' .;;i',:,- q-,,;..- Ii) '!(;'" ,. '\,1.,..) , .{'. Q y) .j .> ..\ ~~'~:'. (ilQ '?J /i --4,,4 : ',i); : -I ~ !{j(p .,,' P ~i'~:.y, " , (', . ., ;:f ~ /~" , . ,. ")' 1;1 ~( ;~ 'R ~'~ .~, ~ :. t~C~< t::;f " \" '0" ,. ,\,.\,.J / 'J "~~""" V y l~ ~) \-"\ "- ~~.....;;/ \::\-':~~'\::~~':::::-::..~:;;""'-' ORDINANCE NO. 5063 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the zoning code in both section 20.40 Definitions and S 20.58.060 entitled "Residential Cluster Development". Amendments include clarification, reorganization, and minor modification of standards to encourage open space preservation ,through incentive such as flexible development standards. PASSED by the City Council the 15th qay of October, 2008. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. October 20, 2008.......................AD #20078425