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HomeMy WebLinkAbout5202 ORDINANCE NO. 5202 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan by amending the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center Subarea Plan boundaries, and by amending the Bay Vista Subarea Plan WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1, 2004 by Ordinance No 4917 and has been subsequently amended by Ordinances No , 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082 and 5094 hereinafter referred to as the "Comprehensive Plan ", and WHEREAS, the Washington State Growth Management Act ( "GMA ") requires internal consistency among comprehensive plan elements and applicable regional plans, 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 20 10 010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year, and WHEREAS, the City of Bremerton allows applications to be submitted each year between January and the first business day of April, and WHEREAS, two Comprehensive Plan amendment applications were submitted by the public prior to the deadline to address changing circumstances relative to land use needs, and WHEREAS, the Planning Commission conducted workshops on the 2012 amendment docket on July 17, 2012 and September 18, 2012, and WHEREAS, consistent with RCW 36 70A 106 the 60 -day notice period began on September 5, 2012 when the Washington State Department of Commerce received notification ofthe Comprehensive Plan Amendment docket for 2012, and WHEREAS, on September 29, 2012 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 September 20, 2012 a SEPA DNS was issued for amendment Docket Item 1, relating to the Downtown Regional Center Subarea Plan, with an administrative 1 2012 Comp Plan Amendment appeal deadline of October 4, 2012 and no appeals were filed, and WHEREAS, SEPA was satisfied on September 26, 2012 for Docket Item 2, relating to the Bay Vista Subarea Plan, by the adoption of existing environmental documentation of the Bay Vista EIS in May 2007 and SEIS in January 2008, and WHEREAS, on October 9, 2012 the Planning Commission conducted a public hearing on the 2012 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments, and WHEREAS, on December 1, 2012 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 City Council, and WHEREAS, on December 19, 2012 the City Council conducted a public hearing and considered all testimony prior to their decision, and WHEREAS, the amendment proposals satisfy the decision criteria of BMC 20 10 080 for Comprehensive Plan amendments, 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 set forth in the recitals above area hereby adopted and incorporated herein SECTION2. The findings and conclusions adopted by the Planning Commission on October 9, 2012 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting the proposed 2012 Comprehensive Plan amendments set forth in docket items 1 through 2 as follows Docket Items: 1. Burwell and Warren Avenue Parcels Amend the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center boundaries and given a land 2 2012 Comp Plan Amendment use designation of Warren Avenue Corridor (WC), more particularly described in Exhibit B affixed hereto 2. Bay Vista Subarea Plan Amend the Bay Vista Subarea Plan summarized as follows reallocation of Village Commercial and multi -family locations, revise permitted land uses to reflect land use zones that are being condensed, revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan, and more particularly described in Exhibit C affixed hereto SECTION 4. Severabikty If any provision of this 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 S. ELfective 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 l9':& day of 4,iI&r -7de , 2012 v q, MCDONALD, Council President Approved this l < day of _N * Ze-' m_ bei , 2012 PATTY L , Mayor ATTEST APPROVED AS TO FORM S ANNON CORIN, City Clerk R GER A LUBOVICH, Ci 3 2012 Comp Plan Amendment PUBLISHED the day of � am 12 r , 2012 EFFECTIVE the day of , 2012 — y � ORDINANCE NO 5202 4 2012 Comp Plan Amendment AFFIDAVIT OF PUBLICATION Account #42742 AD#288077 STATE OF WASHINGTON COUNTY OF KITSAP I, Stacey J C Hovland, 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 December 21, 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 $4156 This amount has not been paid in full (Signature 4micipal Clerk) Subscribed and sworn to before me this day of January 8, 2013 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5202 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan by amending the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center Subarea Plan boundaries, and by amending the Bay Vista Subarea Plan PASSED by the City Council on the 19th day of December, 2012 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 AD #20130447