Loading...
HomeMy WebLinkAbout5118 ORDINANCE NO. 5 l l $ AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code in Section 20.48.060 Residential Parking Requirements in order to modify setback requirements and to clarify driveway and alley provisions. 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 applicable regulations and ordinances; and WHEREAS, on April 20, 2010 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on May 8, 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 May 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 May 12, 2010 that the notice was received; and WHEREAS, on May 11, 2010 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of June 8, 2010 and no appeals were filed; and WHEREAS, on May 18, 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 July 10,2010 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and 1 Zoning Code Amendment WHEREAS, on July 21, 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. Section 20.48.060 in the Bremerton Municipal Code entitled "Residential Parking Development Standards" is hereby amended as follows: 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off - street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single - family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback: Minimum three (3) feet. When parking is located in an approved driveway the setback for parking may be reduced to zero (0) feet. lace- pald�e loe,-Ated- vli-thin the side ) sethaek A—f-th-p- tho ';idiq W line Abuts An alley. When °i,... iag aft alley, the side ..,,.a set ro k ,.., -g .. °a..° °a +° (d) Rear Yard Setback: Minimum three (3) feet. When parking is located in an approved driveway the setback for parking may be reduced to zero (0) feet. No-pag4gg-4ia4-be zero. (e) Alley Setback: Zero (0) feet. e( kD Front Yard Setback: No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed otherwise by law. (-A(a) Stall Dimensions: (1) Parking stalls for a single - family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) . Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC Section 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four (4) dwellings provided the parking spaces comply with setbacks. (h) Driveways: 2 Zoning Code Amendment (1) A driveway may be located within any setback area for a residential use provided it complies with all applicable City Street and engineering standards established in Chapter 11 BMC. (2) The driveway shall not be less than eight (8) feet in width and not more than twenty (20) feet in width within the front yard setback. within 5 setbaeks is not used The Director maygpprove exceptions to the maximum driveway width when necessary for compliance with the Americans with Disabilities Act (ADA) standards. 01j(i) Required Parking Spaces: The number of off - street parking spaces shall be provided in accordance with the use and the following corresponding standards, except as modified per BMC Section 20.48.050: Number Minimum Number of Type of Use: of Bedrooms: Parking Spaces: (1) ADU See BMC 20.46.010 (2) Single -unit residential All 2.0 per dwelling (3) Two - unit residential All 2.0 per dwelling (4) Multi -unit residential 1 or less 1.5 per dwelling (5) Multi -unit residential 2 1.75 per dwelling (6) Multi -unit residential 3 or more 2.0 per dwelling (7) Group Residential Facility, Class I 2.0 plus 1.0 for each bedroom Group Residential Home beyond the first 4 plus 1.0 for each Adult Family Home 300 square feet of gross floor area used for counseling SECTION 7. 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 8. 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. 3 Zoning Code Amendment i PASSED by the City Council the `� day of ' 2010 CK WO RD, Council President Approved this - day of ' 2010 PATTY L , Mayor ATTEST: APPROVED AS TO FORM: CAROL E GE N, City Cl rk R ER A. OVICH, C' PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R: \Legal \Legal \Ordinances \Community Development\2010 Zoning code Amendments.doc 4 Zoning Code Amendment Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: Proposed amendments relate to the Bremerton Municipal Code (BMC) 20.48.060 Residential Parking standards. Generally amendments are to relax parking setbacks to match the setbacks of accessory structures rather than primary structures. Additionally amendments are to clarify language about alley setbacks and driveway requirements. I. FINDINGS OF FACT 1. Project Description: Proposed amendments to the Zoning Code include the following: • Reduce parking setbacks to match that of Accessory Structures: 1. Front yard setback: Allow for parking in the driveway. 2. Rear yard setback: 3' 3. Side yard setback: 3' • Clarify Alley Setbacks: Revise language relating to setbacks associated to alleys to clarify that no setback is required for parking adjacent to an alley. • Revise Driveway Requirements: Establish a minimum and maximum size for driveways in order to ensure,front yard setback areas are not overwhelmed by parking. 2. Procedural History 2.1 April 20, 2010 - Planning Commission Workshop 2.2 May 8, 2010 - Notice of Public Hearing 2.3 May 11, 2010 — SEPA DNS 2.3 May 18, 2010 - Planning Commission Public Hearing 3. Public Comment Individuals providing verbal testimony at Planning Commission public hearing: a. Victor Target - Developer 4. SEPA Determination A Determination of Non - Significance was issued on May 11, 2010, with a comment deadline of May 25, 2010, and an appeal deadline of June 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. Exhibit A BMC 20.18.020(4)(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. 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. Res ctfully submitted by: ndrea enter, Executive Secretary pproved by: c�10 E* Lois Hoell, Chair