HomeMy WebLinkAbout5366ORDINANCE NO. 5366
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 20.10 of the
Bremerton Municipal Code (BMC) entitled "Comprehensive Plan
Amendments" and repealing Section 20.70.030 of the BMC
entitled "Accessory Uses" within the District Center Core.
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, the 2019 application window for Comprehensive Plan Amendment
requests will not be impacted by the amendments of this ordinance and applications will be
accepted until April 1, 2019 for proposed 2019 amendments to the Comprehensive Plan; and
WHEREAS, on January 14, 2019, the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on January 14, 2019, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals
were filed; and
WHEREAS, on January 18, 2019, 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 January 28, 2019, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council considerations and
WHEREAS, on January 31, 2019, the Department of Commerce received the
proposed amendments pursuant to RCW 36.70A.106 for the State's procedural requirements for
agency review; and
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Chapter 20.10 and Section 20.70.030BMC Updates
WHEREAS, on February 22, 2019, 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 March 6, 2019, 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 I. Findings and Recitals. The findings and recitals set forth above are
hereby adopted and incorporated herein by this reference.
SECTION2. Plannin;7 Commission Finding The finding and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as set forth herein in full.
SECTION3. Chapter 20.10 of the Bremerton Municipal Code entitled
"Comprehensive Plan Amendments" is hereby amended to read as follows:
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
20.10.010 ANNUAL AMENDMENTS.
The City Council shall consider amendments to the Bremerton Comprehensive Plan no
more than once each calendar year, except as provided in BMC 20.10.050.
20.10.020 APPLICATIONS.
Comprehensive Plan amendments may be initiated by the Department of Community
Development or other administrative staff of the City, private citizens, private or public entities
or agencies, the Planning Commission, or the City Council. ^ ......1:e tier fees fer G^,, pfohe siye
21.,., , r,.-1 APMtn 'Sl,.,ll be the safne s the fee established for- rezeneso
20.10.030 TIME OF FILING.
Applications to amend the Comprehensive Plan shall be submitted to the Department of
Community Development between the f4r-st business ,Jay if. ',,nuar-y t the eand ftwhe fi
3usiness day of A the first business day in 'n August to November 15 (or the next business day
if it falls on a weekend) to be considered for the following year's amendments. Applications
shall be submitted on forms prescribed by the Department, and a Presubmittal Meeting is
required prior to submittal. Incomplete applications will not be accepted for filing. Requests
received after the deadline shall be resubmitted during the next calendar year amendment
process. The Director of Community Development may, at his or her sole discretion, accept
applications filed after the deadline if review has not begun on the pending applications and
acceptance of the late application will not have a significant impact on the processing of the
pending applications.
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Chapte>:20.10 «nd Section 20.70.030BMC Updates
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution, suspend the amendment process for any
given calendar year. However, in no case shall the amendment process be suspended for two (2)
consecutive calendar years.
20.10.050 AMENDMENTS OUTSH)E THE ANNUAL PROCESS.
Pursuant to RCW 36.70A.130, the City Council may consider amendments to the
Comprehensive Plan outside the annual review process set forth in BMC 20.10.010 under the
following circumstances:
(a) Subarea Plan. The initial adoption of a subarea plan that does not modify the
Comprehensive Plan policies and designations applicable to the subarea; and
(b) Shoreline Master Program. The adoption or amendment of a Shoreline Master
Program under the procedures set forth in Chapter 90.58 RCW; and
(c) Capital Facilities Element. The amendment of the capital facilities element of the
Comprehensive Plan that occurs concurrently with the adoption or amendment of the City's
budget; and
(d) Planned Actions. The adoption of Comprehensive Plan amendments necessary to
enact a planned action under RCW 43.21 C.031(2); and
(e) Emergency Amendments. At any time an emergency situation exists, emergency
Comprehensive Plan amendments may be processed separately and in addition to the standard
annual amendment process even though such emergency amendment results in a Comprehensive
Plan amendment more frequently than once per year. Prior to considering an emergency
amendment, the City Council, shall, by resolution or motion, make a finding that an emergency
situation exists. The following shall constitute a basis for emergency amendments:
(1) Situations involving official, legal, or administrative actions, such as those
to immediately avoid an imminent danger to public health and safety, prevent imminent danger
to public or private property or to prevent an imminent threat of serious environmental
degradation;
(2) To address the absence of adequate and available public facilities or
services;
(3) To resolve an appeal of the Comprehensive Plan filed with the Central Puget
Sound Growth Management Hearings Board or court, or to comply with a decision of the Board
or court or of a State agency or office or the State Legislature necessitating an emergency
Comprehensive Plan amendment; or
(4) Council confirmation of the Director's finding of a conflict, inconsistency,
deficiency or other internal defect in the Comprehensive Plan that requires correction for clear,
complete and consistent policy direction.
20.10.060 SEPA REVIEW.
^ nor ^ �r�' ' �* ^��^^'� ^^'�^�'^r ��^r, After the annual Comprehensive Plan amendment
docket is established, the City's responsible official shall review the cumulative environmental
effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State
Environmental Policy Act (SEPA). If the responsible official determines that a draft final or
supplemental environmental impact statement (EIS) or other appropriate environmental review is
warranted, applicants may be responsible for a full or proportionate share of the costs of
preparing the environmental analysis as determined by the responsible official.
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Chapter 20.10 and Sectro�z 20.70.030BMC Updates
20.10.07Q CUMULATIVE EFFECT.
In considering annual amendments to the Comprehensive Plan, the Planning Commission
and the City Council shall consider all proposed amendments concurrently to assess their
cumulative effect. The analysis of cumulative effect shall be conducted pursuant to.
BMC 20.10.060 and shall be entered into the hearing records of the Planning Commission and
City Council prior to any action.
20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA
(a) Prior to the Planning Commission recommendation to City Council, the
Department shall conduct a preliminary review and evaluation of proposed amendments and
assess the extent of review that would be required under the SEPA in this chapter. The
preliminary review and evaluation shall include any review by other departments deemed
necessary by the Department and shall be based on the following criteria:
(1) Is the proposed amendment consistent with the county -wide plannin
policies, the Growth Management Act (GMA), other state or federal law, or the Washington
Administrative Code?
(2) Would the proposed amendment cause little or no adverse environmental
impacts and, is the time required to analyze impacts available within the time frame of the
standard annual review process?
(3) Is sufficient analysis completed to determine any need for additional
capital improvements and revenues to maintain level -of -service, and is the time required for this
analysis available within the time frame for this annual review process?
(4) Can the proposed amendment be considered now without conflicting with
some other Comprehensive Plan established timeline?
(5) Can the proposed amendment be acted on without significant other
amendments or revisions not anticipated by the proponents and is the time required for
processing those amendments or revisions available within the time frame of this annual review
rop cess?
(6) If the proposed amendment was previously reviewed, ruled upon or
rejected, has the applicant identified reasons to review the proposed amendment again?
(b) If the Department determines that the answer to any of the above questions is no,
it may recommend to the Planning Commission that the proposed amendment or revision not be
further processed in the current amendment review cycle. Upon direction from Planning
Commission, Department staff will inform those whose proposed amendments or revisions will
not be considered because (a) impact analysis beyond the scope of the amendment process is
needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the
proposal in a department's work program. Proponents may resubmit proposals to the department
at any time, subject to the timelines contained in this chapter.
20.10.080 DECISION CRITERIA,
The Planning Commission may recommend, and the City Council may adopt or adopt
with modifications, an amendment to the Comprehensive Plan if:
(a) There exists an obvious technical error in the pertinent Comprehensive Plan
provisions; or
(b) All the following criteria have been met:
(1) The amendment is consistent with the Growth Management Act;
(2) The amendment is consistent with the Comprehensive Plan or other goals or
policies of the City;
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Chapter 20.10 and Section 20.70.030BMC Updates
(3) If the amendment was reviewed but not adopted as a 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;
(4) The amendment is compatible with existing or planned land uses and the
surrounding development pattern; and
(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.
20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
The Department of Community Development shall prepare a report on proposed plan
amendments which shall be presented to the Planning Commission at a public hearing. The
Planning Commission shall hold one (1) or more hearings on the proposed amendments.
Following the public hearing by the Planning Commission, the Planning Commission's
recommendation shall be forwarded to the City Council for action. For proposed text
amendments, notice of the first Planning Commission and the first City Council public hearing
shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to
said hearing.
20.10.10O CITY COUNCIL ACTION.
Following receipt of the Planning Commission recommendation, the City Council shall
affirm, deny, modify or return the application to the Commission for further consideration. In the
event the City Council modifies the recommendation, it shall make its own findings and set forth
in writing the reasons for the action taken. If the City Council makes a substantial modification
to the Planning Commission recommendation, it shall hold at least one (1) additional hearing on
the modified recommendation prior to adoption.
20.10,110 APPEALS.
Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter
36.70A RCW,
SECTION4. Section 20.70.030 of the Bremerton Municipal Code entitled
"Accessory Uses" within the District Center Core zone is hereby repealed in its entirety as
follows:
20970e030 ACCESSORY USES.,
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Chapter 20.10 afzd Section 20.70.030 BMC Updates
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SECTION 5. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 6. 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 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 bylaw.
PASSED by the City Council the (,,Q--�, day of 1^ , 2019.
ERIC YO GER, ouncil President
Approved this ,Q'� day of � a Y' G� , 2019.
ATTEST:
Mayor
APPROVED AS TO FORM:
PUBLISHED the_d�� day of mG r Carl , 2019.
EFFECTIVE the fl day of -�A v CiI'1 , 2019.
ORDINANCE NO. 3 U l.P
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Clrapter 20.10 and Section 20.70.030 BMC Updates
Exhibit A
Summary:
The proposed amendments to Bremerton Municipal Code include amending Title 20 Land Use Chapter
related to Comprehensive Plan Amendment application. process (BMC 20.10) and District Center Core
zone's allowed Accessory Uses,
1. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to Title 20 as follows:
® Comprehensive Plan Amendment application process as such:
o BMC 20.10.020: Applications — Updating that a specific fee for Comprehensive Plan
amendments application fee can be located in City of Bremerton's Rate Table C.
o BMC 20.10.030: Time for Filing — Change the timeframe that Comprehensive Plan
amendments can be applied for with the City.
o BMC 20.10.0601, SEPA Review — Change the date for performing the environmental
review on the Comprehensive Plan amendments to be consistent with changes to
BMC 20010.030.
o BMC 20.10.0758 Preliminary Review and Evaluation Criteria Am*Adds a new section
and tool for the Comprehensive Plan amendment process to be able to initially vet
proposals that contain fundamental issues (such as not compliant with Growth
Management Act or State mandates) to not be processed.
® Remove the section BMC 20,70,030 that outlines an allowed accessory use (minim
storage)within the District Center Core
2. Procedural History:
2.1 Notice of Public Hearing: January 18, 2019
2.2 SEPA Threshold Determination DNS: January 14, 2019
2.4 Planning Commission Public Hearing: January 28, 2019
3. Public and Agency Comment:
3.1 None
4. SEPA Determination;
A Determination of Non -Significance was issued on January 14, 2018, to dte no
appeals have been filed, acomments or
5. Consistency:
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020{d). The
Planning Commission may recommend a decision, and the City Council may adopt or adopt
with modifications, amendments to Title 20 if the following criteria are met.
(1) The amendments are consistent with the goals and policies of the comprehensive plan;
Analysis: The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Pian, and implement the following policies:
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Exhibit A
For Amendments to the Comprehensive Plan Amendment process:
LU1(C): On an annual basis review and provide amendments, if necessary, to the goals
and policies and the Land Use Map to address changing circumstances and/or
emergencies.
For Amendments to the District Center Core (DCC) Accessory Uses:
LU9-DC(B) Encourage commercial, mixed -use and higher density residential
development within district centers.
LU3-DC(A) Encourage compact urban environments in district centers which have
existing high -intensity infrastructure and contain very few environmental sensitive areas,
therefore preserving other areas in the City for open spaces and less intensive uses.
ED 1(B) Increase market elasticity and diversity of businesses by supporting a wide
variety of commercial uses within the designated mixed -use Centers throughout the City.
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 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.
(2} It doss not conflict with other City, state and federal codes, regulatians and ordinances.
Analysis: The proposed amendments do not conflict with any other regulatians.
II. C®NCLUSI®V`J� RECOItlII1JI�ND�4�i 1�6�
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 requiremen#s in 13MC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
Respectfully submitted by:
Approved by:
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Kits .:p bun
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION ORDINANCE NO. 5366
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, amending
Chapter 20.10 of the Bremer-
ton Municipal Code (BMC)
entitled"Comprehensive Plan
Amendments" and repealing
Section 20.70.030 of the BMC
entitled "Accessory Uses"
CITY OF BREMERTON within the District Center Core
CITY OF BREMERTON PASSED by the City Council on
345 6th Street,Suite 100 the 6th day of March,2019.
BREMERTON,WA 98337 The full text of this ordi-
nance is available from the
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
WA 98337.
STATE OF WISCONSIN, COUNTY OF BROWN March 12,2019 AD#2246625
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
March 12,2019
such newspaper was regularly distributed to its subscribers
during all of sai period.
Legal Clerk
Subscribed7d sworn to before on March 12,2019:
Notary,State WI,Co ye Brown
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