HomeMy WebLinkAbout5351ORDINANCE NO. 5351
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 20.70 of the Bremerton
Municipal Code entitled "District Center Core" related to providing
flexibility for phased -in mixed use development.
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, 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, on March 19, 2018, the Planning Commission conducted a
workshop on the proposed amendments; and
WHEREAS, on April 30, 2018, the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on April 24, 2018, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals
were filed; and
WHEREAS, on May 5, 2018, 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 21, 2018, 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
WHEREAS, on July 14, 2018, 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 August 1, 2018, the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW THEREFORE,
Chapter 20.70 BMC Updates
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 herein in full.
SECTION 2. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Subsection 20.42.040(p) to read as follows:
20.42.040 Definitions.
(p) Definitions "p":
"Parcel" means a continuous quantity of land in single ownership or under single control,
consisting of one (1) or more lots, and considered a unit for purposes of development. (See
"Lot.")
"Park," "playground" and "open space" means a site designed, developed, or reserved
for recreational use by the public, such as play areas, community gardens and natural areas.
"Parking, satellite" means a parking lot containing parking stalls required for a
permitted land use which conforms to BMC 20.48.220.
"Parking, structure" means a parking lot in which parking stalls are located either below
grade, or in a multilevel building structure.
"Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or
similar durable materials. Low -impact development technologies which provide a hard surface
while allowing for water penetration shall be classified as paved areas. Paved areas do not
include gravel, crushed rock, and similar nonbound materials.
"Pedestrian -oriented" means development designed with an emphasis primarily focused
on pedestrian access from the street and sidewalks rather than vehicle -dominant design. In
general, buildings are placed close to the street and the main entrance(s) is oriented to the street
sidewalk and generally includes windows or display cases along building facades which face the
street or pedestrian areas.
"Personal service" means an establishment engaged primarily in providing services
involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and
dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services, and personal computing device or cellular phone
repairs. This does not include massage parlors, health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an establishment primarily engaged in
providing facilities for indoor physical fitness activities and recreation. Physical fitness and
health clubs may include such facilities as gymnasiums, swimming pools, and ball courts.
"Pole sign" means a freestanding sign supported by uprights or braces wherein the width
of the uprights or braces comprises less than forty (40) percent of the width of the sign face.
"Porch" means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an
appurtenance.
"Portable sign" means any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building. A -frame or sandwich board signs, movable
readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor
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Chapter 20.70 BMC Updates
vehicle which is parked, stored or displayed conspicuously in a manner intended to attract the
attention of the public are examples.
"Premises" means contiguous land in the same ownership or control not divided by a
street or public right-of-way.
"Private club or lodge" means structures, facilities and grounds owned or operated by a
private or fraternal organization for use by its members and guests.
"Projecting sign" means a sign, other than a wall sign, which is attached to and projects
from a structure or building facade and the face(s) of which is not parallel to the building's
facade. This sign may be supported by a structure in addition to its building or wall support.
"Public administration" means services and facilities operated by public agencies and
serving a community need, and generally including staffed facilities or office spaces. These
include government offices, post offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means the infrastructure lines and
connections employed in the delivery and conveyance of utility services. Distribution facilities
include equipment such as pipes, wires, cables and similar equipment necessary for delivering
utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned
utilities as well as privately owned utilities that serve the general public are included. (See also
"Public utility facility.")
"Public information/identification sign" means a sign intended solely to inform the
public of events or activities of community interest, to identify the entrance to or exit from the
City or a district or neighborhood within the City, and which does not include the advertising of
any business, product or service of a commercial nature, nor any logo, symbol, or other
indication of a commercial message or sponsorship.
"Public services" means services provided for the benefit of the general public, including
fire protection and suppression, law enforcement, public health, education, information,
recreation, environmental protection, development assistance/permitting, etc.
"Public utility facility" means facilities provided for the benefit of the general public
related to infrastructure and utilities. These include structures and equipment such as transfer
stations, substations, pumping stations, distribution mains, wells, and related utility facilities and
the structures that house them. Publicly owned utilities as well as privately owned utilities that
serve the general public are included. (See also "Public distribution facility.")
SECTION 3. Chapter 20.70 of the Bremerton Municipal Code entitled "District
Center Core (DCC)" is hereby amended by amending Section 20.70.060 entitled "Development
Standards" to read 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
Chapter 20.70 BMC Updates
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 following: public
plazas, increased landscaping, architectural features, improved pedestrian connections.
(b) Side yard setback: zero (0) except when adjacent to the low or medium density
residential zones (R-10 and R-1OM) 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 or medium density
residential zones (R-10 and R-IOM) 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;
projects 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: eighty (80) 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 gradually transition the
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Chapter 20.70 BMC Updates
building height from four (4) stories to a maximum height of eighty (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 fifty (50) percent of the
ground floor building facade. Exceptions to this requirement will be made for projects that
comply with BMC 20.70.070(a)(6).
SECTION 4. Chapter 20.70 of the Bremerton Municipal Code entitled "District
Center Core (DCC)" is hereby amended by amending Section 20.70.070 entitled "Design
Standards" to read as follows:
20.70.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped
structures. Residential development of three (3) units or fewer are exempt from this section.
When development involves the remodel or expansion of existing structures, the Director may
modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary
building facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A
"base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth
above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by
a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2) Orientation. All properties adjacent to a public right-of-way shall orient
structures toward the primary street. Properties located at intersections should orient their
structures toward the intersecting corner.
(3) Minimum Transparency. At least sixty (60) percent of all facades facing the
public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet
above the sidewalk or surface grade, shall be comprised of transparent windows or doors.
(4) Blank Facades. Building facades shall not present a blank facade to view
from public rights -of -way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add variation
and interest to the facade.
(5) Mechanical Equipment Screening. Rooftop and ground -level mechanical
equipment shall be screened from view from public streets. Screening materials shall be
architecturally similar to the primary structure.
(6) Ground -floor. Ground -floor frontage of a structure facing a public right-of-
way must conform to either subsection (i) or (ii) below, except as provided in subsection (iii):
(i) Constructed for Pedestrian Oriented uses. At least fifty (50)
percent of the floor area abutting the linear sidewalk level shall be designed and
constructed for "pedestrian oriented" uses.
(ii) Constructed for Future Pedestrian Oriented uses. At least fifty (50)
percent of the floor area abutting the linear sidewalk level shall be designed and
constructed to accommodate potential future conversion to "pedestrian oriented" uses and
may be occupied by any use permitted in BMC 20.70.020. The areas designed and
constructed to accommodate future conversion shall meet the following standard, in
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Chapter 20.70 BMC Updates
addition to any other required design standards: The sidewalk level facade must include
an entrance or entrances to accommodate a single or multiple tenants or be structurally
designed so entrances can be added when converted to the building uses listed in
BMC 20,70.020.
(iii) Exception: For structures that abut two or more public right-of-
ways and contains topography or other site constraints that would make the placement of
the pedestrian oriented use on the ground floor difficult for the public to utilize, the
pedestrian -oriented requirement in (i) and (ii) may be reduced to one (1) street frontage.
(b) Secondary Design Features. Four (4) secondary design features are required from
the following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof
lines, as viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more
than thirty (30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be
incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles,
other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to
what is required per subsection (a)(3) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than
four (4) feet in depth, which extend along at least fifty (50) percent of the front facade.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the
street. Entries shall be easily identifiable from the street or sidewalk; this can be accomplished
through architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in
window boxes, public trash receptacles, or other alternative public amenity approved by the
Director. Any proposed amenity shall be architecturally compatible with the principal structure.
Any approved amenity shall be maintained for the life of the project.
SECTION S. Severability. If any one or more sections, subsections, 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 6. 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.
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Chapter 20.70 BMC Updates
PASSED by the City Council the day of-i�v►�U►�-�' 2018.
,EatERIC YOUNGER, Council Pres' e
Approved this S day ofAMWi� , 2018.
w
GRE43HEELER, Mayor
ATTEST: APPROVED AS TO FORM:
(/IrLJ r
ANG WOODS, City Clerk R O-GEV A. LUIfOVICH, City Attorney
PUBLISHED the -1 +n_ day of 'V1 %A 6+ , 2018.
EFFECTIVE the 117ffi day of_ � %n , 2018.
ORDINANCE NO.
R:\Legal\Legal\Ordinances\Community Development\Chanter 20.70 BMC Code Amendments Final.docx
DevelepfnenAChaptff 20.70 BMC Code Ainendments v. A.dnex
Chapter 20.70 BMC Updates
Exhibit A: Planning Commission
Findings and Conclusions
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
The proposed amendments to the Bremerton Municipal Code related to flexibility for phased -in mixed
use development with the District Center Core.
I. FINDINGS OF FACT
Project Description. -
The proposed amendment package includes revisions to Bremerton Municipal Code 20.70,
District Center Core, as follows:
(a) Correct citation in BMC 20.70.060 Development Standards to exception for phased -in
mixed -use requirement;
(b) Revise "Ground -floor" design standards per BMC 20.70.07(a)(6) to allow flexibility for
phased -in mixed use development.
2. Procedural History:
2.1 Planning Commission Workshops: March 19, 2018
2.2 Washington State Department Of Commerce Notice: April 30, 2018
2.3 SEPA Threshold Determination DNS: April 24, 2018
2.4 Notice of Public Hearing: May 5, 2018
2.5 Planning Commission Public Hearing: May 21, 2018
3. Public and Agency Comment:
3.1 At the workshop held on March 19, 2018, a public comment was offered by Kurt Wiest,
Director of the Bremerton Housing Authority, who was in favor of any modifications
which could increase housing supply and provide more housing options within the City.
3.2 At the Planning Commission Public Hearing on May 21, 2018, the following testimony
was provided:
4. SEPA Determination:
A Determination of Non -Significance was issued on April 24, 2018, 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:
LU1(A): Designate neighborhoods, communities, and centers throughout the City and
encourage the implementation of design guidelines for new development and
redevelopment that complement the designated purpose and scale.
LU2(A): In order to combat chronic vacancy experienced in select areas, the City should
consider zoning regulations that promote occupancy for buildings that are experiencing
prolong vacancy.
LU2(B): Support flexible development regulations to allow transitions of uses over time.
Exhibit A
LU2(D),-Provide development incentives and flexibility within regulations to encourage
desirable design elements.
LU?-Cen(A): Development regulations should encourage pedestrian oriented mixed -use
design in Centers and address such issues as:
(1) Locating buildings or features in the core of the Center at sidewalk edge,
(2) Providing windows and other architectural features that foster pedestrian
interest along street fronts,
(3) Adopting sign standards that reflect pedestrian scale,
(4) Encouraging and/or requiring architectural features that are of a scale and
type appropriate for viewing by pedestrians at the building front and immediately
nearby, and
(5) Development projects should be encouraged to provide amenities such as
street furniture, street trees, small public spaces and plazas, etc.
LU1-Cen(E). Consider the existing built environment when creating development
regulations.
LU2-Cen(C): Provide incentives and flexibility that encourage and enable development
in Centers.
ED2(B): Ensure new development promotes street level activation to encourage
walkability and social interaction through site and fagade design, including but not limited
to the following:
Design standards should be required for new commercial structures, especially in
Centers, that ensure buildings and site layouts are designed with a focus on
pedestrian scale such as intersection anchoring, strategically locating parking to
the rear of structures, recognizable access ways, promotion of weather
protection etc.
Promote the use of the design review board to ensure aesthetic quality,
pedestrian scale of new buildings, and flexibility of development standards within
the Downtown Regional Center for both new construction and substantial
remodel of existing structures.
(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. To ensure
the City continues having a balance of housing and employment opportunities as identified
within the Comprehensive Plan, an annual status report on commercial growth/development will
be presented to the Planning Commission to monitor if this exception is still needed.
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.
Respectfully submitted by:
An rea L. Spence ecutive Secretary
Richard . T , Planning Commission Chair
Kits*Cun
PART OF THE USA Tr DAY �11E?'NOR.<
PROOF OF PUBLICATION
CITY OF BREMERTON
CITY OF BREMERTON
345 6th Street, Suite 100
BREMERTON, WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN
I, being first duly sworn on oath, deposes and says: That I am 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 the 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(s), to
wit: And on
August 7, 2018
such newspaper was regularly distributed to its subscribers
during all of said period.
ffA a4 A
Legal Clerk
Subscribed and sworn to before on August 7, 2018:
�Qa MW(� )
Notary, State of WI, County of Brown
My commission expires
Ad#: 2084046
P.O.:
# of Affidavits: 0
ORDINANCE NO.5351
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington,
amending Chapter 20.70 of
the Bremerton Municipal
Code entitled "District Cen-
ter Core" related to provid-
ing flexibility for phased -in
mixed use development.
PASSED by the City Council on
the 1st day of August, 2018.
The full text of this ordinance is
available from the City Clerk's
Office, 345 Sixth Street, Suite
100, Bremerton, WA 98337.
AUGUST 7, 2018 #2084046
TARA MONDI.00H
Notary Public
State of Wisconsin