HomeMy WebLinkAbout5251 ORDINANCE NO. 5251
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, making amendments to the
Official Zoning Map to expand the District Center Core
Zoning and to Chapter 20.70 BMC the District Center Core
Development Standards related to multi - family housing,
modifying height limits, and improving visual screening
requirements.
WHEREAS, the City Council adopted Ordinance 4950 on November 30,
2005 establishing the current Zoning Code; and
WHEREAS, through the revocation of the Wheaton Riddell Sub -Area
Plan, the need for amendments related to the District Center Core was evaluated and
deemed appropriate; 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, the Planning Commission conducted several workshops to
discuss the varying aspects of the proposed amendments. Workshops were held on
February, 18, 2014, March 18, 2014, and April 15, 2014; and
WHEREAS, on May 8, 2014 the proposed Zoning Code amendments
were circulated to the State Agencies for the requisite review and comment period
organized by the Department of Commerce; and
WHEREAS, on May 8, 2014 a SEPA DNS was issued for the proposed
action with a 14 day administrative appeal deadline, no appeals were filed; and
WHEREAS, on May 10, 2014 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 20, 2014 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
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Zoning Code Amendments
WHEREAS, on July 3, 2014 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
WHEREAS, on July 16, 2014 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]. 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 Z Modify the Official Zoning Map relating to the Charleston
District Center to replace the Low Density Residential Zoning on parcel 152401- 1 -154-
2002 addressed as 1104 N. Callow Avenue and replace the zoning with District Center
Core; as seen in Exhibit B.
SECTION 3. Modify the Official Zoning Map relating to the
Wheaton/Sheridan District Center to replace all of the Low Density Residential Zoning
with District Center Core Zoning within the District as seen in Exhibit C This rezone
applies to the following properties: 122401 -2- 037 -2006; 3972 - 000 - 001 -0502;
3972 - 000 - 002 -0105; 3972 -000- 003 -0104; 3972 - 000 - 001 -0502; 3972- 000 -007-
0209; 3972 - 000 - 007 -0308.
SECTIONA Modify the Official Zoning Map relating to the
Wheaton/Riddell District Center to replace all of the Low Density Residential Zoning
with District Center Core Zoning within the District as seen in Exhibit D. This rezone
applies to the following properties: 012401 -2 -180 -2004; 012401 -2- 181 -2003;
022401 -1- 082 -2004; 022401 -1- 069 -2001; 022401 -1- 070 -2008; 022401- 1 -071-
2007; 022401 -1- 025 -2004; 022401 -1- 062 -2008; 022401 -1- 002 -2001; 022401-
1- 079 -2009; 022401 -1 -039 -2008; 022401 -1- 064 -2006; 022401 -1- 042 -2003;
022401 -1- 086 -2000; 022401 -1- 024 -2005.
SECTION S. 20.70.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" is hereby amended as follows:
20.70.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co- location of wireless telecommunications facility per BMC 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment use;
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Zoning Code Amendments
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
0) Group residential facilities - Class I;
(k) Hotel and lodging place;
(1) Medical office and clinic;
(m) Motion picture theater;
(n) Museum and gallery;
(o) Nursing/convalescent home;
(p) Park, playground and open space;
(q Personal services business;
(r) Physical fitness and health club;
(s) Public or private park, playground or open space;
(t) Public administration;
(u) Residential of all types except Group Residential Tyne H as seeendar-y
use;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex;
(y) Transportation facility;
(z) Veterinary clinic.
SECTION 6. Section 20.70.060 of the Bremerton Municipal Code
entitled "Development Standards" is hereby amended as follows:
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the following unless allowed for
otherwise by law:
(a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent
of a building's front facade shall meet the maximum front yard setback. The setback may
be increased if the Director finds that such increase is the minimum necessary to facilitate
a superior site design. In order to obtain approval for an increased setback, the applicant
shall submit a written analysis establishing how the project facilitates superior site design
is the minimum necessary, is consistent with specific goals and policies within the
Comprehensive Plan, and is compliant with all applicable sections of the BMC. The
following list identifies examples of circumstances where increased setbacks may be
found to be appropriate:
(1) When the site includes more than one (1) street frontage;
(2) To accommodate existing topography, utilities, or other physical
site constraints that make compliance with the setback infeasible;
(3) To accommodate phasing of infill development;
(4) On sites that are significantly developed with existing legally
established nonconforming uses or structures whereby strict code compliance will not
facilitate effective circulation; or
(5) For projects that in the opinion of the Director provide enhanced
public amenities within the setback area which include, but are not limited to, the
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Zoning Code Amendments
following: public plazas, increased landscaping, architectural features, improved
pedestrian connections.
(b) Side yard setback: zero (0) except when adjacent to the low density
residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).
(c) Rear yard setback: zero (0) except when adjacent to the low density
residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).
(d) There is no maximum density for residential use.
(e) Maximum building coverage: sixty (60) percent base maximum; provided,
that through the use of any combination of the following, building coverage may be
increased up to eighty-five (85) percent maximum:
(1) Projects containing mixed uses: ten (10) percent bonus.
(2) Projects with a three (3) or four (4) story building: ten (10) percent
bonus protects with five (5) or more story building: fifteen (15) percent bonus
(3) Projects providing a pedestrian- oriented plaza or area of at least
one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner,
bus stop or other key pedestrian area approved by the City. Such areas shall contain
seating for at least four (4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian -scale lights,
pavers on the walkway surfaces, a kiosk, a street vendor station providing food or
beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior
courtyards with these amenities qualify if they would be readily apparent and accessible
to pedestrians on adjoining sidewalks: twenty (20) percent bonus.
(4) Projects providing a through -block corridor that facilitates
pedestrian access in a location approved by the City: five (5) percent bonus.
(5) Projects providing at least fifty (50) percent of their required
parking underground or within the building: twenty (20) percent bonus.
(f) Maximum development coverage: maximum development coverage by
impervious surfaces, seventy-five (75) percent; provided, that through the use of any
combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up
to ninety-five (95) percent maximum development coverage may be allowed.
(g) Maximum building height: fifty (580) feet except:
(1) Structures within fifty (50) linear feet of parcels zoned for Low
Density Residential shall not exceed four (4) stories in height; and
(2) Structures within fifty _(50) and one hundred (100) linear feet of parcels
zoned for Low Density Residential shall include architectural features to aQr dually
transition the building height from four (4) stories to a maximum height ghty (80)
feet at the one hundred (100) foot distance from the Low Density Residential zoned
parcel.
(h) Mixed -Use Requirement: All structures that include residential uses
located adjacent to, are oriented towards, or are viewable from a public Right -of -Way
(not required on private streets ) shall provide retail / commercial uses along a minimum
of sixty -five (65) percent of the ground floor building fagade. On corner lots, the
requirement shall be applied to both frontages facing a public Right -of Way.
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Zoning Code Amendments
SECTION 7. Section 20.70.090 in the Bremerton Municipal Code
entitled "Landscaping Requirements" is hereby amended as follows:
20.70.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC and the following
standards shall be met:
(a) All development proposed on properties abutting Almira Drive NE shall
provide a Type II visual screen as established in BMC 20.50.050(b),
SECTION 8. 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 9. 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 ' 2014
Go
vV
GRE E LER, Council President
Approved this 17 of 11CL V 9 2014
PATTY L yor
ATTEST: A ROVED AS TO FORM:
SHANNON CORIN, City Clerk RO R A. LUBOVICH
f'
PUBLISHED the ,210, day of , 2014
EFFECTIVE the day of 7 9 2014
ORDINANCE NO. J.�
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Zoning Code Amendments
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Amendments to the Official Zoning Map to expand the District Center Core Zoning (DCC) and BMC
20.70, the DCC related to development regulations such as adding multi - family housing as an allowed
use, increasing height limits, and modifying visual screening requirements.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to both the Official Zoning Map and BMC
20.70follows:
• Expand the DCC zoning within all three District Centers by replacing the Low Density
Residential zoning in all areas except those that are currently developed with low density
uses.
• Modify The DCC development regulations as follows:
• Add residential uses of all types except group residential Class 11 as an out - rightly
permitted use and eliminate residential as a secondary use. Revision also
requires amendment to the development standard sub - section to ensure mixed
use is required along primary street frontages but allows for standalone
residential where there is no primary street presence.
• Increase height limits from 50' to 80' with specific requirements for a reduced
height of four stories when within 50' of the low density residential zone.
• Add language in the landscaping section of the DCC to ensure the vegetated
character of Almira Drive is maintained by requiring a 20' visual screen through
vegetation preservation or planting.
2. Procedural History:
2.1 Planning Commission Workshops: February 18, 2014, March 18, 2014, and April 15,
2014
2.2 SEPA Threshold Determination DNS: May 8, 2014
2.3 Commerce Notice: May 8, 2014
2.4 Notice of Public Hearing: May 10, 2014
2.4 Planning Commission Public Hearing: May 20, 2014
3. Public and Agency Comment:
3.1 February 18"' Workshop:
• Priscilla Bailey: expressed concerns regarding the realistic nature of the sub -area
plan and asked the plan be revoked.
• Mike Benefiel: Expressed concerns regarding the Soil Factory property
• Tom Remick: Stated that the Sub -Area Plan is not beneficial to re- development
• Diedre McKeel: Suggested that all "Centers" should be reviewed multi -modal
transportation should be emphasized.
• Councilman Runyon: Recommended flexibility and balance by looking at market
conditions when developing codes.
1:
Exhibit A
• Gary Weber: Representative of Carl Zarelli, pointed out that mixed use is the future
of development, but the market in Bremerton is not strong enough to support it just
yet.
3.2 March 18 Workshop:
• Priscilla Bailey: Pointed out that growth targets have not been achieved in the past
and expressed skepticism that they would be achieved in the future. Design
standards and restrictive codes may not entice development. Expressed concern
about a vegetated buffer on Almira Drive as homeless camps are a persistent
problem.
• Gary Lindsey: Representing Royal Valley Properties stated that the property owner
of the Soil Factory site would prefer commercial zoning rather than residential.
Nearly 50 acres of vacant properties in this District offer significant redevelopment
potential and submitted an exhibit outlining development regulations he would like.
• Don Cole: Showed support for the soil factory and felt that aggressive growth
assumptions are not realistic.
• Carl Zarelli: Read the comment letter he submitted, and expressed concern over
future development. He requested changes to the DCC to allow for greater flexibility
in uses and development standards.
• Robin Waite: Asked about incentives for redevelopment.
• Ken Melbourne: Employee of the Soil factory, commented that the City's growth
strategy is not desirable. He referred pointed out that the community relies on the
soil factory.
• Eric Sandall: As a real - estate investor he considers the Soil Factory a valuable
service and requested the City allow the current business to remain until market
demands change.
• Barbara Roberts: Pointed out the problems with living near the Soil Factory, such as
dust, noise, and smell from the business.
• Written comment received: Patricia Hennessy, Executive Director of the Youth
Wellness Campus. Pat O'Leary of WSDOT Highway Advertising Control Program,
commented February 20 2014.
3.3 April 15'' Workshop:
• Patricia Hennessy: Representing the Youth Wellness Campus voiced support of
increased heights and DCC zoning across the Wheaton / Sheridan District.
• Mike Benefiel: Voiced support of DCC zoning in the Wheaton / Riddell District.
• Denis Stone: Stated that the Soil Factory has outgrown its current location and
would like to see more compatible uses on the site.
• Eric Sandall: Suggested that the Soil Factory has made concessions and has
reduced impacts to the neighborhood over the last year.
• Tom Remick: Noted that impacts to his residence and neighborhood have grown
as the business has expanded. He showed support for rezoning the property to
commercial.
• Richard Roberts: Questioned why this topic was being discussed as the Planning
Commission passed a motion at the last meeting to re -zone the District.
• Debbie Santini- Stone: Supports the DCC zone for the entire Wheaton /Riddell
District.
• Dale Herbold: Supports re- zoning to DCC as it would allow for re- development.
Pointed out that the City has received at least 42 code complaint letters about the
Soil Factory by neighboring residents.
• Written Comments Received: Jerry Wheeler submitted a letter addressing
concerns about development along Almira Drive and the location of future
2
Exhibit A
meetings and Tom Remick submitted a letter supporting DCC zoning in the
Wheaton / Riddell District.
3.4 At the May 20, 2014 Planning Commission Public Hearing public testimony was offered
by:
• Jerry Wheeler: The 20 acre parcel behind the old Lowes has always been intended
to be a barrier between the commercial and residential areas, therefore it should not
be zoned commercial. If zoned commercial, a 50' vegetated buffer should be
required.
• Marva Connelly: Requested information about the Wheaton /Sheridan school site and
its future development plans.
• Leonard Anders: Requested information about the East Side School Property and
alley access. He does not want the alley to be widened or utilized for more intense
uses.
• Tom Remick: Recommends changing zoning from R -10 to DCC in the
Wheaton/Riddell District Center because it will enable future growth and
development of the area.
• Roy Runyon: Suggested minor code language changes to ensure the code was
clearly worded. He also asked about legal documents relating to the 20 acre
property behind the old Lowes site.
• Dennis Stone: Supports redevelopment.
• Debbie Santini- Stone: Supports the rezone to District Center Core.
• Joshua Folen: Recommended maintaining the R -10 zoning and is uncertain about
increased heights because of potential view blockage.
4. SEPA Determination:
A Determination of Non - Significance was issued on May 8, 2014, to date no comments or
appeals have been filed.
5. Consistency:
Text amendments to Title 20 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 Title 20 if the criteria outlined below are met.
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis. The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies:
CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure
excellence in urban design, and which are compatible with surrounding land
uses.
CC2B: Ensure that infill construction and area redevelopment are done in a manner that
reinforces the neighborhood's desired and defined character and that
architecturally compliments the commercial and residential areas.
LU3A: Provide development incentives and flexibility within the Zoning Code to
encourage desirable design elements with flexibilities within the Zoning Code
provisions for all new development and redevelopment.
r
EC C: Encourage redevelopment of underutilized land.
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Exhibit A
ECSA: Expedite the permit and development process.
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis: The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
M ubmi y :
Andr . Spe ,Executive Secretary
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012401 -2 -181 -2003 BRADLEY
022401 -1- 082 -2004
022401 -1- 069 -2001
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022401 -1- 086 -2000
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022401 - 1 - 024 - 2005 I_.T_ ._I__.
® Re -zone to DCC + I -
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AFFIDAVIT OF PUBLICATION
Account #42742 AD #20142138
STATE OF WASHINGTON
COUNTY OF KITSAP
1, Teresa Hull, 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 July
21, 2014 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 $40.71. This amount has not been
paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of July 25, 2014.
NOTARY PUBLIC
STATE OF WASHINGTON
�� CHRISTY IVI lift ®FFITT
M A ointment Expires July 08, 2016
ORDINANCE NO. 5251
AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the
Official Zoning Map to expand the District Center Core Zoning and to Chapter 20.70 BMC the District
Center Core Development Standards related to multi - family housing, modifying height limits, and
improving visual screening requirements.
PASSED by the City Council on the 16th day of July, 2014.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
JULY 21, 2014
AD #20142138