HomeMy WebLinkAbout5261 ORDINANCE NO. 5261
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, making amendments to the
Subdivision section of the Zoning Code - BMC Chapter
20.12 relating to Land Division, to clarify amendment
procedures, and to allow for phasing and project
extensions.
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, the proposed zoning code 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 July 15, 2014 the Planning Commission conducted a
workshop on the proposed amendments; and
WHEREAS, on August 27, 2014 the proposed zoning code amendments
were circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on August 29, 2014 a State Environmental Policy Act
(SEPA) Determination of Nonsignificance (DNS) was issued for the proposed action and
no appeals were filed; and
WHEREAS, on September 6, 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 September 16, 2014 the Planning Commission conducted
a public hearing on the proposed zoning code amendments and formulated a
recommendation to forward the amendments for City Council consideration; and
WHEREAS, on October 21, 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
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Zoning Code Amendments
WHEREAS, on November 5, 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 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 20.12 of the Bremerton Municipal Code entitled
"Land Divison" is hereby amended as follows:
20.12.060 GENERAL PROVISIONS.
(a) Submittal. All applications made pursuant to this chapter shall be to the
Department.
(b) Minimum Requirements. The provisions set forth in this chapter shall
constitute the minimum requirements necessary to promote the public health, safety, and
general welfare.
(c) Preliminary Consultation. Any person who desires to subdivide land
within the boundaries of the City should consult with the Department at an early date to
become familiar with the requirements of this chapter and for assistance in understanding
the engineering requirements and the construction standards of the City.
(d) Compliance. Whenever any parcel of land is divided into two (2) or more
lots, no person, firm, corporation or agents of them shall sell, transfer or advertise for sale
or transfer any such lot without having a subdivision recorded unless preliminary
subdivision approval expressly conditions a performance of an offer or agreement to sell,
lease, or otherwise transfer a lot, tract, or parcel of land on the recording of the final plat
pursuant to RCW 58.17.205.
(e) Critical Areas Environmental Consideration. Lands designated as critical
areas such as wetlands, aquifers, streams, flood hazards, geological hazards and wildlife
habitats shall not be subdivided or have lot lines adjusted unless adequate safeguards are
provided as prescribed in Chapter 20.14 BMC, Critical Areas.
(f) Critical Areas Notice on Title. When a critical area is verified on a
property by an assessment or delineation, a notice of its presence shall be recorded by the
applicant at the office of the Kitsap County Auditor. The notice may be on the face of a
subdivision, or it may be on a form specified by the Department. The notice shall be
notarized and proof must be submitted that the notice was legally recorded before final
approval for development is issued. The notice shall run with the land and failure to
record such notice shall be in violation of this chapter.
(g) Fees. The applicant shall pay a fee according to the fee schedule set forth
in Chapter 3.01 BMC, which shall accompany the application.
(h) Bonding of Improvements. In lieu of the completion of the actual
construction of any required improvements prior to the approval of a final subdivision,
the City may accept a bond providing for and securing the actual construction and
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installation of such improvements within a period specified by the City. In addition, the
City may provide for methods of security, including the posting of a bond securing the
successful operation of improvements for up to two (2) years after final approval.
(i) Severability. If any provision of this chapter or its application to any
person or circumstance is held invalid, the remainder of this chapter, or the application of
the provision to other persons or circumstances shall not be affectedo) Phasing.
Phased development may be permitted with a preliminary formal subdivision application
provided all of the following criteria are met:
(1) Phasing Timelines: The first phase submitted for final subdivision
approval must be completed prior to the expiration of the preliminary plat (5 years or as
otherwise defined by RCW 58.17.140). For each subsequent phase, required
infrastructure shall be completed and a final subdivision,Application shall be submitted
within two (2) years of the date of the previous phases final subdivision approval. No
project shall include more than a maximum of four(4) phases. Provided no extensions
are granted, this allows for a total of eleven (11) years for project completion.
(2) Phasing Plan: A phasing plan must be submitted and approved
with the preliminary subdivision application and must include a minimum of the
following materials:
(i) The proposed time limits for each phase shall be clearly
indicated; and
(ii) The plan shall identify the number, density of lots, open
space areas, parks, roads, and stormwater facilities to be located and developed in
accordance within each phase. Said feature location and size shall be clearly identified
on the plans; and
(iii) The plan shall include an analysis and supplemental plans
as necessary that identify how each phase or as established in RCW 58.17.140 will
adequately provide for services such as, roadway design, utility, and public service
systems, safe walking routes, stormwater, etc.
(k) Expiration and Extension of Preliminary Formal Subdivisions. The
approval given to a preliminary formal subdivision shall expire within five (5) years
following approval (or as outlined in RCW 58.17.140), unless a complete final
subdivision application, meeting the conditions of approval is submitted to the City prior
to expiration. Should extenuating circumstance arise, the applicant may apply for a one
(1) year extension provided all of the following criteria are met:
(1) The application for an extension is filed at least thirty(30) days
prior to the preliminary subdivision expiration.
(2) No project may receive more than two (2) extensions for the life of
the project. This applies to standard and phased projects. Each extension shall not be
granted for more than a single, one (1) year extension; and.
(3) The applicant can demonstrate tangible progress and reasonable
diligence being made toward infrastructure completion such that it is clear that project
completion will occur within the timeline of the extension requested (no more than one
(1) year); and(4) The applicant demonstrates that the extension requested is the
minimum necessary to finalize the necessary infrastructure/ improvements required for
final subdivision approval; and
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(5) The director finds there are no substantial changes in conditions
that would render approval of the extension contrary to public health, safety or general
welfare.
20.12.090 REVIEW PROCEDURES AND APPROVALS.
Each subdivision type is processed as a different action "type" as described in
Chapter 20.02 BMC, Table 040, Project Permit Processing Procedures, and summarized
as follows:
(a) Subdivision. Approval of all subdivisions requires a four(4) step process:
approval of a preliminary subdivision, installation or bonding of required improvements,
approval of the final subdivision, and recording of the subdivision with the Kitsap County
Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision - Type II Director decision.
(ii) A final short subdivision -Type I Director decision.
a. The final short subdivision shall be submitted to the
Director within five (5) years of the date that the preliminary approval became final or
the short subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision - Type III Hearing
Examiner decision.
(ii) A final formal subdivision -Type IV City Council decision.
a. The final formal subdivision shall be submitted to
the Director within five (5) years of the date that the preliminary approval became final
or as approved through phasing and or timeline extensions per BMC 20.12.060 General
Standards. Should the project fail to comply with these timelines the formal subdivision
shall become null and void.
20.12.140 MODIFICATIONS TO PRELIMINARY SUBDIVISION
APPROVAL.
(a) Minor Amendments. At any time after preliminary subdivision approval,
and before final subdivision approval the applicant may submit an application that
proposes minor amendments to the approved preliminary subdivision. Minor
amendments are allowed for short and formal subdivisions and are processed
administratively by the Department. To obtain approval the Director must make a written
determination finding that all of the following criteria have been met:
(1) The revision(s) do not substantially change any conditions of
approval established in the Preliminary Subdivision Approval; and
(2) The revision(s) will not cause the subdivision to violate any
applicable City policy or regulation nor will they be inconsistent with the findings and
conclusions of the Preliminary Subdivision Decision; and
(3) The revision(s) do not decrease the total number of lots within the
subdivision by more than five (5) lots, nor does the reduction violate any density
requirements. In no case shall an increase of units be permitted through the amendment
process; and
(4) The revision(s) do not alter the external boundaries of the project,
such that the location and external perimeter of the subdivision remains unchanged; and
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(5) The revision(s) do not represent a change of more than ten (10)
percent to any individual feature such as but not limited to: the location or amount of
open space, design or location of stormwater systems, or roadways; and
(6) The revision(s) do not result in the relocation of any roadway
access point to an exterior street from the subdivision; and
(7) The revision(s) do not propose phasing of subdivision development
not previously approved; and
(8) The revision(s) do not increase any adverse impacts or undesirable
effects of the subdivision on the community or surrounding area.
(b) Minor Amendment Application Process. An application for a minor
subdivision amendment may be made at any time until the preliminary subdivision
approval has expired pursuant to BMC 20.12.060. Amendment applications shall comply
with the following:
(1) An amended subdivision proposal shall be submitted on the
appropriate application required by the Department and shall include all applicable
information as identified for a Preliminary Subdivision as outlined in BMC 20.12.110.
(2) The Director shall have the discretion to determine if a new SEPA
Checklist Application, stormwater, transportation, geotechnical, or other studies need to
be revised or updated.
(3) An approval for a subdivision amendment shall expire at the same
time as the original preliminary subdivision approval unless the expiration date is
extended pursuant to BMC 20.12.060(k).
(c) Major Amendments Revisions. that do not conform to all the criteria of a
minor amendment (outlined above in subsection 1) constitute a major amendment and
shall not be permitted through the minor amendment process set forth in subsection (b)
above. Major amendments shall be processed as a new Preliminary Subdivision
application and shall vest to the codes in effect at the time the new application is deemed
complete. All application materials required for a preliminary subdivision outlined in
BMC 20.12.110 shall be required and the Director shall have the discretion to determine
if application materials, technical reports, and studies from the previous application may
be used, or if new or updated reports will be required.
SECTION 3. 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 4. 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 a0vamoff-, 2014
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Zoning Code Amendments
VV
GRE EELER, Council President
Approved this 7*day of Aloy e-^ e,+- , 2014
PATTY , N , Mayor
ATTEST: j��(OVED AS TO FORM:
SHANNON CORIN, City Clerk R ER A. LUBOVI i y orney
PUBLISHED the ' day of � , 2014
EFFECTIVE the day of W h'1 , 2014
ORDINANCE NO. /
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Zoning Code Amendments
Exhibit
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Amendments to BMC 20.12, relating to Subdivision Regulations. Changes include adding language to
allow for phasing of subdivisions beyond 5 years, allowing for project extensions, and clarifying the
difference and required permit processes for major and minor amendments of preliminary subdivisions.
I. FINDINGS OF FACT
1. Project Description:
Proposed amendments to the Bremerton Municipal Code Chapter 20.12 Subdivisions, related to:
1) Clarify the difference between major and minor amendments of Preliminary Plat Approvals—
The proposal is to more clearly identify the difference and necessary permit processes for each
permit type. Minor amendments will be permitted through an administrative process. Major
amendments will require a new Preliminary Plat application.
2)Add language to allow for subdivision phasing beyond 5 years—The proposed amendments
allow for up to 4 phases and can extend the time permitted for infrastructure completion between
Preliminary Plat Approval and Final Plat Approval for the entire project to 11 years. The first phase
must be completed within the standard 5 year timeline. Each following phase must be completed
within 2 years following the previous phase.
3)Add language to allow for extensions related to infrastructure completion —The proposed
amendments will allow subdivision projects experiencing extraordinary hardships related to
infrastructure completion to receive no more than two, one year extensions. Such extensions will
only be permitted when it has been adequately demonstrated that significant progress has been
made and project completion can be achieved within the timeline of the proposed extension.
2. Procedural History:
2.1 Planning Commission Workshops: July 15, 2014
2.2 SEPA Threshold Determination DNS: August 29, 2014
2.3 Washington State Department of Commerce Notice: August 27, 2014
2.4 Notice of Planning Commission Public Hearing: Sept. 6, 2014
2.4 Planning Commission Public Hearing: Sept. 16, 2014
3. Public and Agency Comment:
3.1 July 15, 2014 Workshop:
• None
3.2 Sept. 16, 2014 Public Hearing
• Mark Kuhlman (Team 4 Engineering) provided testimony in support of proposed
amendments.
4. SEPA Determination:
A Determination of Non-Significance was issued on August 29, 2014, to date no comments or
appeals have been filed.
Exhibit A
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.
ECIC. Encourage redevelopment of underutilized land.
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.
;nd
ctFully submitted by:
, ecutive Secretary
2:
AFFIDAVIT OF PUBLICATION
Account#42742 AD#20144299
STATE OF WASHINGTON
COUNTY OF KITSAP
I,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 Nov.
10,2014 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$39.00.This amount has not been
paid in full.
(Signature of Principal Clerk)
NOTARY PUBLIC
Subscribed and sworn to before me this day of Nov. 19,2014. STATE OF WASHINGTJ2016
CHRISTY til MOFFI
My Appointment Expires July 08
ORDINANCE NO.5261
AN ORDINANCE of the City Council of the City of Bremerton,Washington, making amendments to the
Subdivision section of the Zoning Code-BMC Chapter 20.12 relating to Land Division,to clarify
amendment procedures,and to allow for phasing and prolect extensions.
PASSED by the City Council on the 5th day of November,2014.
The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600,
Bremerton,WA 98337.
NOV. 10,2014
AD#20144299