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Home My WebLink About5233 ORDINANCE NO. 5233 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan to re- designate two parcels in the land use map from Industrial Park to Low Density Residential 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, 5094 and 5202 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, one Comprehensive Plan amendment application was submitted by Olympic Property Group/West Hills Development LLC ( "Applicant ") on March 27, 2013, prior to the deadline, to address changing circumstances relative to land use needs for property owned by West Hills Development LLC, tax parcel numbers (282401 -1- 085 -2001 and 282401- 1 -086- 2000), ( "Property"), and WHEREAS, the Planning Commission conducted a workshop on the 2013 Comprehensive Plan amendment proposal on May 21, 2013, and WHEREAS, consistent with RCW 36 70A 106 the 60 -day notice period began on August 19, 2013 when the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment for 2013, and WHEREAS, on August 21, 2013 a SEPA DNS was issued for the amendment with a comment deadline of September 4, 2013, with an administrative appeal deadline of September 18, 2013, and WHEREAS, on September 7, 2013 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 1 2013 Comp Plan Amendment WHEREAS, on September 17, 2013 the Planning Commission conducted a public hearing on the 2013 Comprehensive Plan Amendment, and the Planning Commission continued the hearing to October 15, 2013, and WHEREAS, on September 18, 2013, Kitsap County Department of Community Development appealed the SEPA determination relating to issues concerning the application of the West Hills Development Agreement dated July 14, 2000 (Kitsap County Auditor's File No 200007270004), ( "Development Agreement ") to the Property as well as other matters, and WHEREAS, on October 4, 2013, a SEPA addendum was issued to withdraw application of the requirements of the development agreement for the Property, and WHEREAS, on October 10, 2013, Kitsap County Department of Community Development withdrew the appeal on the SEPA determination, and WHEREAS, on October 15, 2013 the Planning Commission continued the public hearing on the 2013 Comprehensive Plan Amendment, and the Planning Commission recommended the City Council approve the amendment, and WHEREAS, by letter to the City dated October 25, 2013, the Applicant for the proposed 2013 Comprehensive Plan Amendment, acknowledged and agreed that upon adoption and effective date of the proposed amendment, the vested rights set forth in the Development Agreement will no longer apply to the Property currently owned by West Hills Development LLC, and WHEREAS, on November 7, 2013 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 November 20, 2013 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), and WHEREAS, the subject parcels will be required to be rezoned Low Density Residential for consistency with our Comprehensive Plan Land Designation and Zoning Map NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. 2 2013 Comp Plan Amendment SECTION 1. Recitals Adopted The findings set forth in the recitals above area hereby adopted and incorporated herein SECTION2. Planning Commission Findings Adopted 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. Comprehensive Plan Amended The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting the proposed 2013 Comprehensive Plan amendment to amend the Comprehensive Plan Land Designation Map for two parcels (282401-1-085-2001 and 282401 -1- 086 -2000) from Industrial Park designation to Low Density Residential, more particularly described in Exhibit B affixed hereto SECTION 4. Development Agreement Following expiration of the appeal period for this ordinance adopting the 2013 Comprehensive Plan Amendment, the vested rights set forth in the West Hills Development Agreement dated July 14, 2000 (Kitsap County Auditor's File No 200007270004) will no longer apply to the two subject parcels (282401 -1- 085 -2001 and 282401 -1- 086 -2000) currently owned by West Hills Development LLC All other terms and conditions of the subject Development Agreement shall continue to apply unless said agreement is amended or terminated by the City and West Hills Development LLC, or its successors and /or assigns, and SECTION S. Rezone Required Following the approval of the 2013 amendment to the Comprehensive Land Designation Map for the two parcels (282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park designation to Low Density Residential, the subject parcels will be required to be rezoned to provide consistency with the Comprehensive Plan and Zoning Map SECTION 6 Severabih4y 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 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 _ ow day of �la� � , 2013 ,,4, W GREG W T LER, Council President Approved this - - day of A lJ�t , 2013 3 2013 Comp Plan Amendment PATTY T, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk R GER A LUBOVICH, City Attorney PUBLISHED the day of �ft�z� , 2013 ! EFFECTIVE the day of rWr , 2013 ORDINANCE NO -� R \Legal\Legal \Ordinances \Commumty Development\2013 Comp Plan Ordmance -fmal doc 4 2013 Comp Plan Amendment Exhibit A FINDINGS AND CONCLUSIONS - UPDATED OF THE CITY OF BREMERTON PLANNING COMMISSION 2013 Annual Comprehensive Plan Amendment Docket I. FINDINGS OF FACT 1 Project Description The City adopted an updated Comprehensive Plan in December 2004. Comprehensive Plan amendments are processed on an annual cycle to allow for changes to the Plan that reflect conditions that may not have been addressed prior or since the Plan's adoption. Amendments to the City's Comprehensive Plan are regulated by BMC 20 10 One application for a Comprehensive Plan amendment has been submitted and is included for the Planning Commission's consideration in 2013 2 Procedural History 21 The Bremerton Municipal Code allows applications for Comprehensive Plan Amendments annually between January 1 and the first business day of April 22 On March 27, 2013, Olympic Property Group/West Hills LLC applied for a land use designation change for two parcels 23 On May 21, 2013 Planning Commission held an informal public workshop to introduce the 2013 Annual Comprehensive Plan Amendment Docket 24 On August 19, 2013 staff notified the Washington State Department of Commerce the intent to adopt an amendment to the Comprehensive Plan 25 On August 21, 2013 staff published the SEPA Determination of Non - significance in the Kitsap Sun 26 On September 7, 2013 a notice of Planning Commission public hearing was published in the vwaN Su;i aiid tie P ublic was invited to comment 2.7 On September 17, 2013 Planning Commission conducted a public hearing on the 2013 Comprehensive Plan docket 3 Public Comment 31 A comment letter dated February 25, 2013 from George Prew of Prenun Properties 3.2 At the May 21, 2013 Planning Commission Workshop, public comment was offered by Jon Rose, president of Olympic Property Group 33 Comment Received from Kitsap County on September 3, 2013 34 Comment Received from Kitsap Count on September 17, 2013 35 Public Hearing testimony a. Robert Perkins b Greg Bachaud 4. SEPA Determination 4.1 A Determination of Non - Significance was issued on August 21, 2013, with a comment deadline of September 4, 2013, and an appeal deadline of September 18, 2013. 42 County appealed SEPA determination on September 18, 2013 Exhibit A 43 SEPA Addendum was issued on October 4, 2013 44 Kitsap County withdrew appeal on October 10, 2013, 5 Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 2010 080 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. 51 BMC 20.10.080(b)(1) The amendment is consistent with the Growth Management Act. The amendment has been evaluated with the goals and policies of the Growth Management Act and has been found to be consistent with the Act. Further, the amendment has been evaluated for consistency with the City's Comprehensive Plan, which was created to achieve the goals of the GMA 52 BMC 20.10.080(b)(2) The amendment Is consistent with the comprehensive plan or other goals or policies of the City The amendment continues to uphold the objectives and goals of the Comprehensive Plan, and is consistent with the following policies LU 11B Provide wider variety in residential designations throughout the city to achieve a greater diversity of housing LU20J Regularly monitor the relationship between land supply and demand to ensure that the goals of the Comprehensive Plan are met H3 Provide a variety of housing types and densities to meet changing needs of Bremerton residents H3C Stimulate the production of new housing for all incomes, ages and family types H6A Increase opportunities for home ownership with the City of Bremerton EC1 C Encourage redevelopment of underutilized land 5.3 BMC 20.10.080(b)(3) If the amendment was reviewed but not adopted as 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. The needs of the City have changed since the adoption of the Comprehensive Plan, and economic circumstances have significantly changed to ment the change in use from industrial park to residential Since the 2004 adoption of the Comprehensive Plan, the supply of industrially zoned land has increased significantly, including the 3400 acres included in the recently approved South Kitsap Industrial Area (SKIA), within the city limits The increase in supply of industrial land, combined with the decrease in demand due to the regional and national economic recession, has resulted in the subject property being vacant and underutilized for well over a decade (the original approval of the subject site for industrial park was in 1997 and a development agreement approved in 2000). The change of use from industrial park to low density residential will facilitate a different market for the undeveloped property, and will thereby, also increase the City's new residential unit supply The conversion is not inconsistent with the existing and adjacent industrial developed property, and will provide a transition between the existing Exhibit A multifamily residential to the east and the underdeveloped residentially zoned property to the west 54 BMC 2010.080(b)(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern. The amendment is compatible with existing land uses and the surrounding development pattern, which includes single family and multi family residential uses adjacent and in the immediate vicinity 55 BMC 20.10 080(b)(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 benefitting the public health, safety and welfare The amendment will not affect the City's ability to provide urban services, as urban services currently exist at or near the subject property, and all further necessary - improvements will occur at the time of project development. Further, facilitating new single family residences will be beneficial to the public health, safety and welfare by increasing the City's new housing stock, providing opportunity for development of vacant and underutilized land, and providing housing units to accommodate the City's population. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the 2013 Comprehensive Plan Amendment Docket has met the requirements in BMC 20 10 080, and therefore recommends approval by the City Council R pectf lly ubmitted by d a L Sp cer xecutive Secretary App d by Gr h OPM01F11 mxd I MOD 03118120131 IGM p 3 Ip I 3 v m Y - fD C O �■ 5 � 3 m C H � C e ^ ' ° m Q 1'nT 42 ICU C —�� • I• . r • r► • r • • 11111111 0 11111111 r r � r • f I ® .� "' n fsy r 7 � JL_ IL � r �a i4 °> m ° `o Commercial SOURCE INFORMATION w m < T ; OLYMPIC PROPERTY GROUP LLC m m N M A Gz Z o L D C SOURCE AGENCY DESCRIPTION ° z Z z C 0 m (Aw �, m �) W Infrastructure o 9 . z m Z USDA COLOR AERIAL PHOTOGRAPHY 2011 Z = ° < n � % M o Residential I(ITSAP COUNTY GIS PARCEL BOUNDARY 00 C, e m m 0 r. M o o a WRIGHT CREEK T HE CML E NG IN EERING GROUP NTSAP COUNTY GIS UNINCORPORATED COUNTY ZONING CITY OF BREMERTON CITY ZONING - DIGITIZED FROM CITYS M z o = VICINITY MAP 14201 NE 200th St 0100 i Ph 4268061869 OFFICIAL ZONING MAP z M z O Woodmvilk WA 98072 Fx 426A82.2898 m Z WITH ZONING DESIGNATIONS www LDCaorp *am AFFIDAVIT OF PUBLICATION Account #42742 AD #20137854 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 K tsap, 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 Nov 27, 2013 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 $37 30 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 29, 2013 Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08, 2016 _—WIN WFUIM ORDINANCE NO 5233 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan to re- designate two parcels in the land use map from Industrial Park to Low Densisty Residential PASSED by the City Council on the 20th day of November, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 November 27, 2013 AD# 20137854