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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 1 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 2 Zoning Code Amendments 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 3 Zoning Code Amendments (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 4 Zoning Code Amendments (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 5 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. / 6 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