HomeMy WebLinkAbout5111 ORDINANCE NO. 5111
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making amendments to the Zoning Code in
Chapter 20.40 Figure B modifying the Comprehensive Plan / Zoning
Code Consistency Figure; and adding Community Facilities to the
Low Density Residential (20.60), City Core Residential (20.78), and
Multiple Residential (20.79) Zones in the same way Religious and
Worship Facilities are permitted in these zones.
WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005
establishing a new Zoning Code; and
WHEREAS, through practical use and application of the 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 20.18.020 (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 applicable rules and regulations; 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 February 10, 2010 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 February 10, 2010 that the notice was received; and
WHEREAS, on February 16, 2010 the Planning Commission conducted a
workshop on the proposed amendments; and
WHEREAS, on March 9, 2010 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 March 16, 2010 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 March 11, 2010 a SEPA DNS was issued for the proposed action
with an administrative appeal deadline of April 8, 2010 and no appeals were filed; and
WHEREAS, on April 24, 2010 the public was notified by a legal advertisement in
1 Zoning Code Amendment
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council; and
WHEREAS, on May 5, 2010 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. Figure 20.40(a) in the Bremerton Municipal Code entitled
"Comprehensive Plan / Zoning Consistency" is hereby amended to add Industrial Park
and City Utility Land into the Industrial designation as follows:
The following figure lists the Bremerton Comprehensive Plan Land Use Map
designations with corresponding BMC Title 20, Land Use, implementing zoning districts.
Figure 20.40(b) COMPREHENSIVE PLAN /ZONING CONSISTENCY
COMPREHENSIVE PLAN IMPLEMENTING ZONING DISTRICTS
DESIGNATION
Low Density Residential (LDR)
Open Space (OS) Low Density Residential (R -10)
Core Centers Supporting Residential
(CCSR) City Core Residential (CCR)
Neighborhood Centers (NC) Low Density Residential (R -10)
Neighborhood Center Core (NCC)
District Centers (DC) Low Density Residential (R -10)
District Center Core (DCC)
Employment Center (EC)
Employment Center (EC) Master Development (MD)
Institutional (INST)
Low Density Residential (R -10)
Commercial Corridor (CC)
Business Core (BC)
Downtown Core (DC)
Downtown Regional Center (DRC) Downtown Waterfront (DW)
Multiple Residential (MR)
Neighborhood Business (NB)
Limited Commercial (LC)
Low Density Residential (R -10)
Manufacturing and Industrial Center (MIC) Industrial (I)
Commercial Corridor (CC) Commercial Corridor (CC)
2 Zoning Code Amendment
Wheaton Way Redevelopment Corridor Wheaton Way Redevelopment Corridor (WWRC)
(WWRC)
Freeway Corridor (FC) Freeway Corridor (FC)
Neighborhood Business (NB) Neighborhood Business (NB)
Limited Commercial (LC) Limited Commercial (LC)
Industrial (I)
Industrial (I) Industrial Park (IP)
Ci Utility Land (CUL)
Industrial Park (IP) Industrial Park (IP)
Marine Industrial (MI) Marine Industrial (MI)
Higher Education (HE) Institutional (INST)
Low Density Residential (R -10)
Public Sector Redevelopment Site (PSRS) Master Development (MD)
Institutional (INST)
Transportation, Utilities and Public -Industrial Park (IP)
Facilities (TUPF) City Utility Lands (CUL)
City Utility Lands (CUL) City Utility Lands (CUL)
Watershed Lands (WS) Watershed Lands (WS)
Reserve Center (RC) (Overlay) Per the implementing zones of the underlying
Comprehensive Plan designation
Homeport - PSNS PSNS
Industrial Support - PSNS
SECTION 3. Section 20.60.040 of the Bremerton Municipal Code entitled "Conditional
Uses" is hereby amended to add Community Facilities as follows:
20.60.040 CONDITIONAL USES
The following uses may be permitted provided a Conditional Use Permit is approved
pursuant to BMC Section 20.58.020 subject to the corresponding conditions
(a) Bed & Breakfast provided:
(1) The operators of the business shall occupy the house as their primary
residence;
(2) No more than one (1) Full Time Equivalent (FTE) employee who is not a
resident of the dwelling may be employed;
(3) No more than six (6) bedrooms are made available for rent to guests and
all guest rooms are contained within the principal structure;
(4) Two (2) off - street parking spaces, plus one (1) off - street parking space per
each guest bedroom, is required.
(5) Off - street parking spaces may be reduced provided the applicant can
demonstrate parking will not spill over into nearby residential properties and any streets.
(6) Rooms shall not be made available to guests for more than fourteen (14)
days during any thirty (30) day period;
(7) No commercial receptions, parties, or other public gatherings, or serving
of meals to non - resident guests for compensation are allowed; and
3 Zoning Code Amendment
(8) Any remodeling of the residential structure shall maintain the residential in
nature of the structure and not alter the structure in such a manner that would prevent it from
being used as a residence in the future.
(b) Group Residential Facilities Class I provided:
(1) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street;
(3) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(4) Off - street parking shall be at a minimum of one (1) space per each
employee during the peak shift, plus one (1) space per two (2) residents the facility will provide
service to;
(5) If counseling services are provided to non - residents, additional parking
spaces are required at one (1) per three - hundred (300) square feet of gross floor area used for
counseling services;
(6) The number of required off - street parking spaces may be reduced provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets; and _
(7) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(c) Senior Housing Complex provided the conditions set forth in BMC Section
20.46.090 are satisfied.
(d) Nursing/ Convalescent Homes provided:
(1) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street;
(3) Minimum site area shall be no less than one (1) acre;
(4) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(5) Off - street parking shall be a minimum of one (1) space per six - hundred
(600) square feet of gross floor area;
(6) The number of required off - street parking spaces ,may be reduced provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets; and
(7) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes
may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(e) Day Care Facilities (Thirteen (13) or more persons receiving care) provided:
(1) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street;
(3) Off - street parking shall be a minimum one (1) space per each (five) 5
children based on the state license maximum occupancy load;
(4) One (1) loading/ unloading space without back up is required for the first
twenty (20) children and one (1) additional space for up to each additional twenty (20) children;
4 Zoning Code Amendment
(5) The number of required off - street parking spaces may be reduced provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets.
(6) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes
may be required if it is found necessary to mitigate any impacts to adjoining residential
properties; and
(7) The maximum height of a fence or wall within a front yard setback may be
increased up to six (6) feet provided it enhances safety and security of an outdoor play area.
(f) Adaptive Reuse of Public and Semi - Public Buildings provided the conditions set
forth in BMC Section 20.46.070 are satisfied.
(g) Manufactured Home Park or Expansion of Existing Parks provided:
(1) It is exempt pursuant to RCW 58.17.040 from requirements for property
segregation;
(2) The minimum site size shall be five (5) acres;
(3) Density shall meet the underlying zone;
(4) Adequate water, sewer, and utility services are available to all building
sites;
(5) A fire protection system meeting the requirements of the City Fire Marshal
is provided;
(6) Interior circulation shall meet the City Engineer road standards plus the
following standards:
(i) All interior circulation routes shall be constructed within a tract or
easement;
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshal and City Engineer shall approve all fire
turnarounds.
(7) The following setbacks shall apply to manufactured homes or mobile
homes, together with their additions and appurtenant structures, accessory structures, and other
structures on the site (excluding fences), excluding any hitch or towing fixture:
(i) From interior roads at least Fifteen (15) feet from centerline of the
tract or easement, but in no case shall the setback be less than five (5) feet from the paved
surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall comply
with the setbacks of the underlying zone;
(iii) A minimum of ten (10) foot separation between all manufactured
homes.
(8) Off - street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five (5) home sites for guest
parking; plus
(iii) Additional parking spaces to provide for the parking needs of
offices, community buildings, recreational facilities, or other uses within the park that may be
used by park residents or others;
(9) Outside storage of vessels (boats), household items and equipment is
5 Zoning Code Amendment
prohibited, except a common central storage area may be provided for residents of the park. The
storage area shall be screened by a minimum (five) 5 -foot high by (five) 5 -foot wide sight -
obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum
setbacks of the underlying zone;
(10) Ten percent (10 %) of the site shall be maintained as common recreational
open space for the use of residents and
(i) May include community areas and facilities such as playgrounds,
swimming pools, hobby and craft shops;
(ii) However, it shall not include required landscaping areas, perimeter
setback areas, parking areas, storage areas, building separation areas or other areas deemed
impractical by the Director for the recreational enjoy of the residents;
(11) Trees meeting the standards set forth in BMC Chapter 20.50 shall be
provided along all property lines abutting a residential zone and public streets. Exceptions for
trees may be allowed when a property line abuts an alley or is obstructed by a building or other
structure;
(12) Adequate, lighting to illuminate streets, driveways, and walkways for the
safe movement,of pedestrians and vehicles is required; and
(13) All water, sewer, electrical, and communication service lines shall be
underground.
(h) Worship - ate Religious and Community Facilities greater than 20,000 square
feet provided:
(1) The site is located on a collector or higher street;
(2) The site area shall be one (1) acre or more; and
(3) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes
may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(i) Golf Course provided:
(1) A site plan review and a site development permit are approved pursuant to
BMC Chapter 20.58.
(2) Through the Conditional Use Permit modifications to parking and
landscaping may be allowed in order to facilitate good design;
(3) Access to the site shall be from an arterial street or highway; and
(4) Other conditions are applied as deemed necessary to mitigate impacts to
nearby residential properties and ensure compatibility with the neighborhood.
0) Schools, Parks and Associated Uses may be approved in accordance with the
following:
(1) The following uses are permitted through approval of a Conditional Use
Permit:
(i) All public schools and associated gymnasium and auditorium;
(ii) Private schools (K -12) with thirteen (13) or more students;
(iii) Parks and playgrounds greater than one -half (0.5) acres;
(iv) Outdoor Athletic Fields;
(v) Boat Launching and related facilities;
(vi) Maintenance & Service Yards;
6 Zoning Code Amendment
(vii) Bus and other vehicle and equipment maintenance and storage
facilities;
(viii) Administrative office related to the facilities greater than 2,000
square feet gross floor area;
(ix) Buildings and Structures for nonprofit groups on public lands;
(2) Uses permitted pursuant to BMC Section 20.60.0400)(1) shall be subject
to complying with the following conditions:
(i) Front, side and rear yard setbacks of structures and outdoor storage
areas shall be at least thirty (30) feet;
(ii) Setbacks may be reduced for those portions of a structure fronting
interior streets;
(iii) The maximum height for any new construction may be increased to
match the architecture of existing buildings provided that it is setback an additional foot from any
property line for each additional foot of allowed height, and in no case shall the new construction
exceed 45 feet.
(iv) Landscaping is provided meeting the minimum requirements for
non - residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties;
(v) Additional measures may be required if deemed necessary to
mitigate any noise impacts to adjacent residential uses; and
(vi) The maximum height of a fence or wall within a front yard setback
may be increased to six (6) feet provided it enhances safety and security around an outdoor play
area.
(k) Public Utility Facilities located above ground provided:
(1) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes
may be required if it is found necessary to mitigate any impacts to adjoining residential
properties;
(2) The maximum height of a fence or wall may be increased within a front
yard setback that will provide screening from adjacent uses and enhance safety and security
around the facility; and
(3) Exceptions to setbacks may be allowed if the applicant can demonstrate
that the public interest is better served by allowing the modification.
(1) Law Enforcement and Fire Facilities provided:
(1) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes
may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(2) The maximum height of a fence or wall may be increased within a front
yard setback that will provide screening from adjacent uses and enhance safety and security
around the facility.
(m) Neighborhood Businesses provided:
(1) The use is listed as a permitted use in BMC Section 20.82.020;
(2) The use is a pre- existing use that has legally operated within the previous
7 Zoning Code Amendment
twelve (12) month period; and
(3) The use is not expanded beyond its existing footprints.
(n) Community Facilities under 20,000 square feet" provided:
(1) Additional landscaping outside what is required in BMC 20.50
(landscaping) m) m a by e required for screening purposes in order to mitigate impacts to adjoining
residential properties;
(2) A parking analysis ma by e required to establish that adequate onsite
parking will be available for the proposed use.
SECTION 4. Section 20.78.040 of the Bremerton Municipal Code entitled
"Conditional Uses" within the City Core Residential zone is hereby amended to add Community
Facilities as follows:
20.78.040 CONDITIONAL USES.
The following uses may be permitted provided a Conditional Use Permit is approved
pursuant to BMC Section 20.58.020. Conditions for approval of the following uses shall be the
standards listed for the corresponding use in BMC Section 20.60.050, the Conditional Uses
section of the Low Density Residential zone:
(a) Bed & breakfast;
(b) Class I group residential facilities;
(c) Senior housing complex;
(d) Nursing / convalescent home;
(e) Day care facilities;
(fl Religious wer p, related f edit efforship, religious, and community
facilities
(g) Schools, parks and associated facilities of the types set forth in BMC Section
20.60.0500).
SECTION S. Section 20.79.040 of the Bremerton Municipal Code entitled
"Conditional Uses" is hereby amended to add Community Facilities within the Multiple
Residential zone as follows:
20.79.040 CONDITIONAL USES
The following conditional uses shall be permitted pursuant to BMC Section 20.58.020,
provided the conditional use complies with the corresponding standard as listed in BMC Section
20.60.040 (Low Density Residential zone):
(a) Bed & breakfast;
(b) Senior housing complex;
(c) Nursing / convalescent home;
(d) Day care facilities (more than 12 persons receiving care);
(e) Worship -and religiously and community facilities
(fl Schools, parks and associated facilities of the types set forth in BMC 20.60.0400).
8 Zoning Code Amendment
SECTION 6. Severability. If any one 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 7. 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 day of 1 2010
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Approved this day of , 2010
PATTY LEN ayor
ATTEST: APP TO FORM:
CAROL TGEN, City erk . LUBOVICH, City Attorney
PUBLISHED the /� mil day of , 2010
EFFECTIVE the Y da of 2010
ORDINANCE NO.
9 Zoning Code Amendment
R:\Legal\Legal \Ordinances \Community Development\2010 Zoning code Amendments.doc
10 Zoning Code Amendment
Exhibit A
FINDINGS AMD CONCLUSI�JNS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
There are two amendment topics proposed to the Bremerton Municipal Code (BMC)
Title 20 (generally referred to as the "Zoning Code"). The amendments are as follows:
1) Amend the Comprehensive Plan / Zoning Code Consistency chart by adding two
zoning districts (Industrial Park and City Utility Lands) to the Industrial designation within
the Comprehensive Plan; and
2) Add the use "Community Facility" to the three residential zoning districts in the same
way as the use "Worship and Religious Facility" is currently permitted.
I. FINDINGS OF FACT
1. Project Description:
Proposed amendments to the Zoning Code include the following:
o Amend BMC 20.40 Figure B by adding two zoning designations to the Industrial
Comprehensive Plan designation. The two zones to be added are Industrial Park
and City Utility Lands. The consistency table identifies which zones are acceptable
in each Comprehensive Plan designation. Staff has identified a few properties
which are inconsistent, in that the designation does not match with the zoning
district. All of these properties are designated industrial in the Comprehensive plan
however they are zoned either Industrial Park or City Utility Lands.
Originally staff had considered changing the zoning of these inconsistent properties
to industrial; however a closer look revealed that action could allow more intense
uses in locations adjacent to residential properties. Alternatively, staffs reviewed
the intent of the industrial designation and found that the two zones (Industrial Park
and City Utility Lands) are consistent with the Comprehensive Plan Designation. In
order to achieve consistency and minimize potential impacts to neighborhoods the
Planning Commission recommends amending Figure B to include the Industrial
Park and City Utility Land zones.
o Add "Community Facility" to the three residential zoning districts in the same way
"Worship and Religious Facilities" are currently permitted. These uses are very
similar in nature and are typically permitted using the same criteria in other zones;
however, community facilities are not discussed in the three residential zones which
are the Low Density Residential, City Core Residential, and Multiple Residential
Zones. Planning Commission recommends folding the use "Community Facility"
into the existing language relating to Worship and Religious Facilities for all three
zones.
2. Procedural History
2.1 February 10, 2Q10 - Department of Commerce 60 review period began
2.2 February 16, 2010 - Planning Commission Workshop
2.3 March 9, 2010 - Notice of Public Hearing
2.4 March 11, 2010 - SEPA Determination of Non-Significance
2.5 March 1fi, 2010 - Planning Commission Public Hearing
.
Exhibit A
3. Public Comment
Individuals providing verbal testimony at Planning Commission public hearing:
a. None
4. SEPA Determination
A Determination of Non-Significance was issued on March 11, 2010, with a comment
deadline of March 25, 2010, and an appeal deadline of April 8, 2010. No comments or
appeals have been filed to date. �
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.
BMC 20.18.020(d)(1) allows text amendments if they are consistent with the goals
and policies of the Comprehensive Plan.
Analysis: The amendments are minor and continue to uphold the objectives and
goals of the Comprehensive Plan. These amendments do not change the
intent or purpose of the Zoning Code.
BMC 20.18.202(d}(2) allows text amendments if they are consistent with other City,
State, and Federal codes, regulations and ordinances:
Analysis: The proposed amendments to the Zoning Code do not conflict with any
other regulations.
II. CUNCLUSIONS & 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.
Res ctfully submitted by:
drea . ncer, Executive Secretary
Approved by:
r;
` � �..� � P ,�� ` � : �-l' •�
John Cockburn, Chair 1�
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AFFIDAVIT OF PUBLICATION
Account #42742 AD#260646 '
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 SL1N; 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 an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:
And on May 10, 2010 that such newspaper was regularly distributed to its subscribers during all of said
period. The full amount of the fee charged for the foregoing publication is the sum of $44.97. This amount
has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of May 14, 2010.
�/`�"
Notary Public in and for the State of Washington, Kitsap County.
CASSANDRA A CAPAS
Notary Public
State of Washington
ORDINANCENO.5111 My Commissfon Expires
February 04, 2014
AN ORDINANCE of the City Council of the City of Bremerton, Was ,
Zoning Code in Chapter 20.40 Figure B modifying the Comprehensive Plan / Zoning Code Consistency
Figure; and adding Community Facilities to the Low Density Residential (20.60), City Core Residential
(20.78), and Multiple Residential (20.79) Zones in the same way Religious and Worship Facilities are
permitted in these zones.
PASSED by the City Council of the Sth day of May, 2010
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
May 10, 2010 ..............................Ad#20100500