HomeMy WebLinkAbout5188 ORDINANCE NO. 5 g
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting the SKIA Subarea Plan,
amending the Comprehensive Plan by adding the SKIA Subarea
Plan, and amending the Zoning Code Section 20 80 080(a) to
activate the development standards contained within the plan
WHEREAS, the Washington State Growth Management Act authorizes the
preparation of subarea plans, and
WHEREAS, the City of Bremerton has adopted a comprehensive plan under the
provisions of Chapter 36 70A RCW that includes policies for the creation of subarea plans, and
WHEREAS, pursuant to RCW 36 70A 130(2)(a)(i), the City may amend the
Comprehensive Plan more frequently than once per year under certain circumstances, including
the initial adoption of a subarea plan, and
WHEREAS, the City passed Ordinance No 5062 designating the SKIA
Manufacturing/Industrial Center (MIC) in the Comprehensive Plan as part of the 2008 docket of
amendments to the Comprehensive Plan, and
WHEREAS, SKIA is designated as one of eight Manufacturing/Industrial Centers
in the Puget Sound Regional Council's (PSRC) Vision 2040 regional growth strategy, and
WHEREAS, SKIA will retain a different urban form than Bremerton's current
regional or district centers, particularly due to the expected industrial development to occur in
the next 20 years, and
WHEREAS, the Comprehensive Plan encourages a subarea plan to be prepared
for designated centers, which must involve the community in its preparation, be consistent with
Comprehensive Plan goals and policies, and contain development standards and design
guidelines, and
WHEREAS, the City has undertaken an extensive public participation process by
conducting advisory group meetings, workshops, and public open houses between November
2010 and June 2012 to discuss the SKIA Subarea Plan, gather public input, and guide the
development of the Plan, and
WHEREAS, pursuant to RCW 36 70 547 the City formally consulted with the
Washington State Department of Transportation (WSDOT) Aviation Division in the
development of the Subarea Plan, and
WHEREAS, the draft SKIA Subarea Plan was made available for public review
and comment on March 29, 2012; and
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SKIA Subarea Plan
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WHEREAS, pursuant to RCW 36 70A 106 the Washington State Department of
Commerce was provided the 60 -day notification on March 29, 2012 of amendments to the
Comprehensive Plan and development regulations as a result of the Subarea Plan adoption and
the submittal was assigned "Material ID # 17953 ", and
WHEREAS, the Planning Commission conducted a workshop to discuss the
proposed Subarea Plan and development regulations at its regular meeting on April 17, 2012,
and
WHEREAS, a legal advertisement was placed in the Kitsap Sun on June 9, 2012
notifying the public of the opportunity to provide testimony at the Planning Commission public
hearing, and
WHEREAS, on June 19, 2012 the Planning Commission held a public hearing on
the proposed SKIA Subarea Plan and development regulations, considered public comment, and
made a recommendation of approval for the City Council's consideration, and
WHEREAS, on September 29, 2010 a Determination of Significance and Scope
of Work for the SKIA Planned Action Environmental Impact Statement (EIS) notice was issued
to comply with the requirements of the State Environmental Policy Act (SEPA), and
WHEREAS, on June 9, 2011 a Draft EIS was issued and comments were
accepted through July 21, 2011, and
WHEREAS, after consideration of public comment a Final EIS was issued on
March 29, 2012, and
WHEREAS, the Comprehensive Plan amendment to include the SKIA Subarea
Plan meets the decision criteria outlined in BMC 20 10 080(b)(1) through (5) It is consistent
with the Growth Management Act, it is consistent with the Comprehensive Plan vision for the
site and other goals and policies of the City, the Plan is compatible with the current development
patterns, the Plan does not adversely affect the City's ability to provide urban services at the
planned level of service, and bears a reasonable relationship to benefittmg the public health,
safety and welfare, and
WHEREAS, the Zoning Code amendment to activate the development standards
contained within the SKIA Subarea Plan meets the decision criteria outlined in BMC 20 18 020
(d), as the Plan is consistent with the Comprehensive Plan and does not conflict with other City,
state and federal codes, regulations and ordinances, and
WHEREAS, a legal advertisement was placed in the Kitsap Sun on July 21, 2012
notifying the public of the opportunity to provide, testimony at the City Council public hearing,
and
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SKIA Subarea Plan
WHEREAS, on August 1, 2012 the City Council conducted a public hearing so
that the public had further opportunity to comment on the Subarea Plan and development
regulations, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. The City Council accepts and adopts the Findings and Conclusions
of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this
reference as if set forth in full herein
SECTION 2. The Comprehensive Plan is amended by the addition of the SKIA
Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this reference as if
set forth in full herein
SECTION 3. Section 20 80 080 of the Bremerton Municipal Code entitled
"Subarea Plans" is hereby amended to read as follows
20.80.080 SUBAREA PLANS.
The following are subarea planning areas where subarea plans and unique
development regulations may be created for each
(a) Bay Vista Subarea Plan (adopted by Ordinance No 5077),
(b) East Park Subarea Plan (adopted by Ordinance No 4962),
(c) Wheaton - Riddell Subarea Plan (adopted by Ordinance No 5025),
(d) Downtown Regional Center Subarea Plan (adopted by Ordinance
No 5034),
(e) Manette Subarea Plan (adopted by Ordinance No 5082),
(f) Harrison Employment Center,
(g) Port Blakely Employment Center,
(h) SKIA Subarea Plan (adopted by Ordinance No 6199 )
The subarea planning areas listed above having adopted subarea plans are
identified with the corresponding adopting ordinance number This ordinance will
contain the unique regulations and standards that guide development for that
subarea planning area Subsequent amendment to adopted subarea plans need not
be identified in this section by the amending ordinance number
SECTION 4. Severabdia If any one or more sections, subsections, 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. EfLective 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
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SKIA Subarea Plan
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PASSED by the City Council the day of , 2012
JUVOMCDONALD, Council President
Approved this �7 � day of AWA4445 T , 2012
PATTY L , Mayor
ATTEST APPROVED AS TO FORM-
.
SHANNON CORIN, City Clerk POGERA LUBOVI , City Attorney
PUBLISHED the day of Gtr , 2012
EFFECTIVE the day of GiZG , 2012
ORDINANCE NO 5/
R \L.egal \Legal \Ordinances \Community Development \SKIA Subarea Plan doc
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SKIA Subarea Plan
EXHIBIT A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary — Proposal to include the South Kitsap Industrial Area (SKIA) Subarea Plan
in the Comprehensive Plan and Zoning Code by amendment. The Zoning Code will
add reference in BMC 20.80 080 to activate the SKIA Subarea Plan as development
regulations for the South Kitsap Industrial Area.
1. FINDINGS OF FACT
1.0 Project Description
The SKIA Subarea covers an approximately 3,700 acre area in the southwestern
portion of the City of Bremerton. The Subarea Plan includes two primary components:
1) an amendment to the 2004 Bremerton Comprehensive Plan and to the Zoning Code,
BMC Title 20, adding the SKIA Subarea Plan to both and, 2) development regulations
for SKIA that will function as zoning upon Plan adoption
The SKIA Manufacturing/Industrial Center (MIC) was designated in the City's
Comprehensive Plan in the 2008 amendment of the Comprehensive Plan, per
Ordinance 5062. SKIA is also designated as one of eight Manufacturingfindustrial
Centers in the PSRC Vision 2040 regional growth strategy SKIA will retain a different
urban form than Bremerton's current regional or district centers, particularly due to the
expected industrial development to occur in the next 20 years.
Following SKIA annexations, the Industrial Zoning requirements were applied to the
entire area as an interim 'stopgap' zoning scenano In 2010 the City obtained a grant
from the EPA under its "Climate Showcase Communities" program, which funded work
on a SKIA Subarea Plan to ensure that future development of the subarea is
coordinated, well- designed, and meets sustainable development goals, while still
meeting the goals of the MIC to accommodate intensive manufactunng and industnal
development.
The SKIA Subarea Plan is a detailed planning document that fits within the framework
of the Comprehensive Plan. The Subarea Plan fits within the growth projections of the
Comprehensive Plan and implements its °Centers" concept.
2.0 Procedural History
A public participation process for the SKIA Subarea Plan has been ongoing since the
Fall of 2010. The Subarea Plan includes documentation of the public participation
process (parts of Section A and Section B). Three public open houses and a monde range of
stakeholder meetings were held over the course of the planning process Additionally the Plan
was presented and discussed at a Planning Commission Workshop on April 17, 2012.
Extensive community input is integrated throughout the plan, meeting and exceeding
requirements
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P P P P
EXHIBIT A
A summary of meetings, workshops, and open houses held is listed below
Technical Working Group (TWG) Meetings
The TWG is an advisory group comprising senior technical staff from each of the
regional jurisdictions, Port of Bremerton, SKIA property owners, Suquamish Tribe,
Port Gamble /S'Klallam Tribe, South Kitsap Economic Development Alliance,
Sustainable Bremerton, Kitsap Regional Coordinating Council, Hood Canal
Coordinating Council, and the Puget Sound Naval Shipyard /Naval Base Kdsap.
2.1 November 9, 2010
2.2 April 28, 2011
Executive Committee (EC) Meetings
The EC comprises elected and appointed officials from the following organizations
Bremerton City Council, Bremerton Planning Commission, Port of Bremerton Port
Commission, Kitsap County, Puget Sound Naval Shipyard, Suquamish Tribal
Council, Port Orchard City Council, and Naval Base Kitsap
2.3 December 9, 2010
2.4 May 5, 2011
Joint TWG and EC Meetings
2.6 June 16, 2011
2.6 July 25, 2011
2.7 March 28, 2012
2.8 April 10, 2012 (Developer's Forum)
Public Open Houses
2.9 October 10, 2010
2.10 June 16, 2011
2.11 May 7, 2012
Planning Commission
2.12 Public Workshop— August 17, 2010 (Overview of grant and process)
2.13 Public Workshop -Apnl 17, 2012 (Overview of Draft Subarea Plan)
2.14 Planning Commission Public Hearing —June 19, 2012
Notice
Notice for all open houses, workshops and hearings was publicized widely in a
range of outlets including advertisement in the Kitsap Sun, City of Bremerton
website and direct mailings. Direct mailing to persons with property in proximity to or
within the SKIA Subarea was the primary method for notification of public meetings.
A record of contacts for all persons participating in any of the meetings was
maintained.
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EXHIBIT
3.0 Public Comment at Public Hearing
Numerous individuals, groups, and agencies provided comments at public
workshops, community meetings, and via comment cards and letters. Comments
received were considered and used to develop the draft plan that is prepared for
Planning Commission Review A general summary of public participation is found in
Section A of the SKIA Subarea Plan. Individuals providing verbal testimony at the
Planning Commission Public Hearing are listed below:
3.1 Fred Salisbury, Port of Bremerton, 8850 S.W. State Hwy 3, Bremerton
3.2 Roger Zabinski, Port of Bremerton, 8850 S W. State Hwy 3, Bremerton
3.3 Stan Palmer, Stan Palmer Construction, 5107 State Hwy 3 SW, Bremerton
3.4 Ryan Sandstrom, Alpine Evergreen, 7124 State Hwy 3 SW, Bremerton
4.0 SEPA Determination, Environmental Review, and Agency Notification
4.1 SEPA
Adoption of development regulations and amendments to the Comprehensive Plan
require evaluation of environment impacts through the State Environmental Policy
Act (SEPA) process. The City issued a SEPA Determination of Significance (DS) on
the Plan on September 29, 2010. The Subarea Plan is likely to have a significant
adverse impact on the environment due to the threshold of development expected to
occur The DS requires statutory notice, review and appeal penods, which the City
completed
The determination that this proposal is likely to have a significant adverse impact on
the environment resulted in the preparation of an environmental impact statement
(EIS) as outlined below.
4.2 Environmental Impact Statement (EIS)
The Environmental Impact Statement (EIS) for the SKIA Subarea Plan evaluates the
probable significant environmental impacts that could occur as a result of
development activities within SKIA under a range of EIS Alternatives. Direct, indirect
and cumulative impacts associated with the range of alternatives were assessed
Impacts associated with the alternatives were analyzed and appropriate mitigation
measures to address significant adverse impacts were identified. The EIS provides
decision - makers with relevant information to evaluate the Proposed Action. The EIS
addresses the probable significant adverse environmental impacts of two action
alternatives and one no- action alternative identified in the Subarea planning
process.
The EIS is also intended to fulfill SEPA requirements for Planned Action
environmental review. According to SEPA, a "Planned Action" is a designation for a
project or elements of a project that shifts environmental review from the time a
permit application is made to an earlier phase in the process (WAC 197 -11 -164).
The planned action analysis applies to the entire study area and addresses potential
impacts and mitigating measures for each of the identified alternatives.
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EXHIBIT A
Because future site - specific proposals that qualify under the planned action
ordinance would not be subject to future SEPA threshold determinations or public
comment on environmental impacts, interested individuals and agencies were given
the opportunity to provide comment during the public comment periods during the
planned action EIS process.
The Draft EIS was issued on June 9, 2011 and the Final EIS was issued on March
29, 2012. The Draft EIS and the Final EIS are intended to be used in conjunction
with one another
4.3 60 -day State Agency Review
Amendments to the Comprehensive Plan and development regulations also require
a 60 day State Agency Review and Comment Period The document was forwarded
to State agencies, commencing the review period, on March 29, 2012. There were
no comments received from State agencies during the review period, which closed
on May 29, 2012.
5.0 Comprehensive Plan Consistency
Amendments to the Comprehensive Plan
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. The proposal is to add the SKIA Subarea Plan to the
Bremerton Comprehensive Plans as an amendment, providing more specific and
detailed planning for the area
5.1 BMC 20.10.080(a) allows amendments to the Comprehensive Plan if there is an
obvious technical error.
Not applicable to this project
5.2 BMC 2010.080(b) allows amendments to the Comprehensive Plan if the
following criteria have been met
5.2 (1) The amendment is consistent with the Growth Management Act (GMA):
This amendment is consistent with the GMA by meeting the criteria of the
Comprehensive Plan which was created to achieve the goals of the GMA
Specifically, the Subarea Plan meets the Economic Development goal by
supporting existing industries, recruiting new industrial sectors, and
emphasizing the development of a "clean -tech" sector. Through the various
Low - Impact Development (LID) measures and Greenhouse Gas Emissions
Reducing measures outlined in the standards (Section C), guidelines (Section
D), and the EIS, the Subarea Plan meets the Environment goal by striving to
enhance the quality of the local environment. Furthermore, through an
aggressive public outreach component, which focused on both public
involvement as well as involvement of staff at regional jurisdictions and
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EXHIBIT
agencies, the Subarea Plan meets the Citizen Participation and Regional
Coordination goal of the GMA
The GMA encourages the adoption of subarea plans, recognizing that this
may occur outside of the annual amendment timeframe, as is the case with
the SKIA Subarea Plan.
5.2 (2) The amendment is consistent with the comprehensive plan or other goals
or policies of the City.
The SKIA Subarea Plan is consistent with the Comprehensive Plan Land Use
Map designation of the SKIA Subarea as a Manufacturing/lndustrial Center
The Manufacturing/Industrial Center designation calls for intensive,
concentrated manufacturing and industrial land uses that cannot be easily
mixed with other activities Furthermore, Manufacturing/Industrial Centers
are intended to accommodate a significant amount of regional employment,
and will have a different urban form and purpose than the rest of the City's
centers. The Subarea Plan achieves this vision through the Goals and
Strategies (Section A), the Zoning and Development Standards (Section C),
and the Design Guidelines (Section D) which promote compact industrial and
commercial development and fob creation that support long -term economic
vitality.
The Subarea Plan also includes specific goals and strategies that meet the
Bremerton Comprehensive Plan. Specifically, the Subarea Plan encourages
environmentally responsible development and economic development, which
are goals also found in the Comprehensive Plan
5.2 (3) /f the amendment was reviewed but not adopted as a part of a previous
proposal, circumstances related to the proposed amendment have significantly
changed, or the needs of the City have changed, which support an amendment,
This amendment supplements and implements the Comprehensive Plan It is
based on the direction of the Comprehensive Plan to develop specific area
plans for the SKIA Manufacturing /Industrial Center
5.2 (4) The amendment is compatible with existing or planned land uses and the
surrounding development pattern,
The SKIA Subarea Plan is compatible with the adopted
Manufacturing /Industrial Center land use and the surrounding development
pattern. Industrial uses currently are predominant in the Subarea and through
the Subarea Plan, industrial uses are intended to remain the predominating
use in the long term.
5.2 (5) The amendment will not adversely affect the City's ability to provide urban
services at the planned level of service and bears a reasonable relationship to
benefiting the public health, safety and welfare.
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EXHIBIT A
The SKIA Subarea Plan will not adversely affect the City's ability to provide
urban services at the planned level of service. The Environmental Impact
Statement addresses the City's ability to provide urban services at the
planned level of service. Additionally, the GMA compliant Capital Facilities
Plan (Section E) outlines the provision of urban services, including
transportation, water, sewer, and stormwater facilities The purpose of the
CFP for SKIA is to provide adequate public facilities consistent with the
development plan of the SKIA Subarea Plan. Careful planning and sound
fiscal policies will provide the needed facilities that achieve and maintain the
City of Bremerton's standards for level of service concurrent with, or prior to,
the impacts of development.
The amendment will benefit the public health, safety and welfare by achieving
numerous City goals and policies related to environmental stewardship, while
ensuring that intense industrial development occurs where it is most suited.
6.0 Amendment to the Zoning Code
An amendment to the Zoning Code, BMC 20.80.080 Master Development, is proposed
to accompany adoption of the SKIA Subarea Plan. This amendment adds a reference
to the Ordinance adopting the Subarea Plan, thereby activating the development
standards contained in the Plan as the zoning for the SKIA Subarea.
Zoning code text amendments shall meet the decision criteria outlined in BMC
2018 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
6.1(1) 20.98.020(4)(2) allows amendments to the Zoning Code if it is consistent
with the goals and policies of the Comprehensive Plan.
See discussion in 5.2 above for consistency with the Comprehensive Plan, and
Section A of the Subarea Plan. The SKIA Subarea Plan is fully consistent with the
Bremerton Comprehensive Plan.
The Comprehensive Plan Land Use Map shows the SKIA Subarea as a
Manufactunng/industnal Center, which is described on page LU -23a of the
amended Land Use Element of the Comprehensive Plan as
...areas with existing or expected intensive, concentrated manufacturing and
industrial land uses that cannot be easily mixed with other activities.
ManufacturingAndustnal Centers are intended to accommodate a significant
amount of regional employment, and will have a different urban form and
purpose than the rest of the City's centers. They can be characterized as areas
of large contiguous blocks of land served by the region's major transportation
infrastructure, including such items as roads, rail, and port facilities. Protecting
these centers from incompatible uses, as well as providing them with adequate
public facilities and services will require deliberate and careful planning.
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EXHIBIT A
The SKIA Subarea Plan is consistent with this vision for the
Manufacturing /Industrial Center and achieves it through the Goals and Strategies
(Section A) and the Zoning and Development Standards (Section C).
6.2 (2) 20.18 020(d)(2) allows amendments to the Zoning Code if it does not
conflict with other City, state and federal codes, regulations and ordinances.
The SKIA Subarea plan does not conflict with any other regulations.
11. CONCLUSIONS and RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the SKIA
Subarea Plan has met the requirements for 1) amendment to the Comprehensive Plan
and 2) text amendments to the zoning code as detailed in BMC 20.80. Therefore the
Commission recommends the amendment to the Comprehensive Plan to include the
SKIA Subarea Plan and an amendment to the zoning code text in BMC 20.80 to include
the Ordinance number of the SKIA Subarea Plan
Respectfully submitted by. Approved by
drea L r, AICP Gr Jose, it
ecutiv cretary Planning Commission
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AFFIDAVIT OF PUBLICATION
Account #42742 AD #285306
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, 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 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 August 6, 2012 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 $38 15 This amount
has not been paid in full
cAz'�a C, K lam.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of August 16, 2012
Notary Public in and for the State of Washington, Kitsap County C u lIC
Notary Public
state of Washington
My Commission Expires
February 04, 2014
ORDINANCE NO 5188
AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting the SKIA Subarea
Plan, amending the Comprehensive Plan by adding the SKIA Subarea Plan, and amending the Zoning Code
Section 20 80 080(a) to activate the development standards contained within the plan
PASSED by the City Council on the 1st day of August, 2012
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
August 6, 2012
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