HomeMy WebLinkAbout5369 ORDINANCE NO. 5369
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
related to "Group Residential" definition and adding siting criteria
to Industrial and Freeway Corridor zones for Group Residential
Facilities - Class II.
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 April 9,2019,the Department of Commerce received the
proposed amendments related to Group Residential Facilties pursuant to RCW 36.70A.106 for
the State's procedural requirements for agency review; and
WHEREAS,on April 9,2019, the proposed Zoning Code amendments related to
Group Residential Facilities were circulated to the State Agencies for the requisite review and
comment period; and
WHEREAS, on April 12,2019, a State Environmental Policy Act("SEPA")
Determination of Nonsignificance ("DNS")was issued for the proposed action related to the
Group Residential Facilities and no appeals were filed; and
WHEREAS, on April 12,2019,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 April 22,2019,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 May 31, 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
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Zoning Code-BMC Updates
WHEREAS, on June 5, 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 1. Findings and Recitals. The findings and recitals set forth above are
hereby adopted and incorporated herein by this reference.
SECTION 2. Planning Commission Findings. The finding and conclusions
adopted by the Planning Commission attached hereto as Exhibit A related to Group Residential
Facilities, are adopted and incorporated as set forth herein in full.
SECTION 3. Subsection 20.42.040(g) of the Bremerton Municipal Code entitled
"Definitions `G,"' specifically the Group Residential definitions, is hereby amended to read as
follows:
20.42.040(G) DEFINITIONS "G"
"Garage" means an attached or detached enclosed accessory structure intended primarily
for the storage of private vehicles such as automobiles, light trucks or recreational vehicles.
"Gas station" means a land use involving the retail sale of gasoline or other motor vehicle
fuel or oil, including electric vehicle rapid charging stations. Gas stations include self-service
and full-service operations.
"Grade" means the lowest point of elevation of the finished surface of the ground,paving
or sidewalk within the area between the building and the property line. When the property line is
more than five (5) feet from the building, grade is the lowest point of elevation of the finished
surface between the building and a line five (5) feet from the building. For structures built over
water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of
signs, "grade" is the level of the ground surface immediately below a sign or proposed sign
location, and where slope is involved is the average of the levels at each supporting member of
the sign's structure.
"Grade plane" and "grade, average final" means a horizontal reference plane representing
the average of finished ground level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls,the reference plane shall be established by the
lowest points within the area between the building and the lot line or, where the lot line is more
than six (6)feet from the building, between the building and a point six (6) feet from the
building.
"Grade, existing"means the grade or topography existing prior to any excavation,
clearing, grading or filling.
"Gross floor area(g.f.a.)" means the sum of all horizontal areas of floors of a structure
when measured from the exterior faces of exterior walls, including glazed or screened porches.
"Group residential" means a place of residence for persons with physical, developmental
or mental disabilities, homeless or otherwise dependent persons (not including dormitories),
typically with shared living quarters without separate kitchen facilities for each room or unit.
Group homes are intended to provide residential facilities in a home-like environment. Such
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Zoning Code-BMC Updates
homes range from licensed establishments operated with twenty-four(24) hour supervision to
nonlicensed facilities offering only shelter. This classification includes group care residence for
those whose permanent residence is the group residential facility. It does not include transient
lodging. This definition shall not be construed to include crisis care facilities, or detoxification
centers : • : . •• • . • . . , • • : : , : . . . . .! I.! -! : . Group
residential facilities are categorized as follows:
(1) "Group residential home" means a residential home in which a person or
persons provide personal care, special care, room, and board to more than one (1)but not more
than six(6)children and/or adults who are not related by blood or marriage to the person or
persons providing the services;provided, however, any limitation on the number of residents
resulting from this definition shall not be applied if it prohibits the City from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and
enjoy a dwelling as required by the Fair Housing Amendments Act of
1988, 42 U.S.C. 3604(f)(3)(b).
(2) "Group residential facility- Class I (assisted living)" means a group care
residence for seven(7) or more children and/or adults who for various reasons cannot reside in
their natural homes; and/or for persons who have severe chronic disabilities or physical
handicaps that cause substantial functional limitations. This facility may provide physical
therapy and training in social skills. It does not include facilities to which persons are assigned as
a result of criminal conviction or those where residents, individually or by their legal guardians,
are not free to terminate their residency at will.
(3) "Group residential facility- Class II" means a group care residence for
juvenile delinquents,persons serving a sentence in lieu of confinement,persons needing
correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social
and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs
providing alternatives to imprisonment; transition back into the community including prerelease,
work-release,and-probationary programs that are under the supervision of a court, state, or local
agency and for housing of sexual violent predators as defined in RCW 71.09.020(18).
Teaching of work or social skills may be provided in this class facility but it does not include
drug or alcohol detoxification centers.
SECTION 4. Chapter 20.86 of the Bremerton Municipal Code entitled"Freeway
Corridor" is hereby amended by amending Section 20.86.040 entitled"Coniditional Uses"to
read as follows:
20.86.040 CONDITIONAL USES
A conditional use permit,which is approved pursuant to BMC 20.58.020, may permit the
following uses:
(a) Heavy industrial/manufacturing,provided:
(1) All standards of the noise levels ordinance, Chapter 6.32 BMC, are met;
(2) No unshielded light or glare will be visible during periods of darkness in a
residential zone;
(3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent
or adjoining commercial or residential lot;
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Zoning Code-BMC Updates
(4) The applicant can demonstrate that the use will not significantly detract from
the visual character of the area as seen from public rights-of-way or any adjacent lot. Unkept or
unsightly storage, refuse, yard, or equipment areas are elements with the potential to negatively
impact visual character.
(b) Adult business per BMC 20.46.110.
(c) • Group Residential Facility—Class II,
provided:
(1) The facility will not create an operational conflict with the efficiency of
large-scale freeway-oriented commercial use.—; and
(2) Neighborhood Protection Area: A site containing a Class II Facility
shall not be located within 880' from any parcel containing an existing residential use,
including multifamily and single-family units. The protection area shall not be applied to
the residential uses on the east side of Highway 3.
SECTION S. Chapter 20.94 of the Bremerton Municipal Code entitled
"Industrial" is hereby amended by amending Section 20.94.030 entitled"Coniditional Uses"to
read as follows:
20.94.030 CONDITIONAL USES
The following uses may be permitted,provided a conditional use permit pursuant to
BMC 20.58.020 is approved:
(a) Junk yard,provided:
(1) The use is not adjacent to a residentially zoned lot;
(2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub
to a height of ten(10)feet is provided along all lot lines.
(b) Adult business as defined in BMC 20.46.110.
(c) _ . . . • •• Group Residential Facility—Class II,
provided_ . . . • . • . . . • y•. • . • • • • • • , .
(1) The facility will not create an operational conflict with the efficiency of
large-scale industrial uses; and
(2) Neighborhood Protection Area: A site containing a Class II Facility
shall not be located within an 880' from any parcel containing an existing residential use,
including multifamily and single-family units.
SECTION 6. 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 7. 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.
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Zoning Code-BMC Updates
SECTION 8. 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 5$-4 day of -alit rLQ__ , 2019.
ERIC YO GER, ancil President
Approved this (04"-S day of Zvi n e. , 2019.
GREG% EELER, Mayor
ATTEST: APPROVED AS TO FORM:
OA Olt ) 101"
ANGELA ly•ODS, City Clerk RO ER A. LUBOVICH, CityAtt rn y
PUBLISHED theday of U1 Y 1 Q _ , 2019.
EFFECTIVE the &- day of , 2019.
ORDINANCE NO. .6. l_5, 1
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Zoning Code-BMC Updates
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Proposed amendments to Bremerton Municipal Code (BMC) Title 20 Land Use Chapter related to
Group Residential Facilities—Class II including a definition revision and adding a siting criterion.
1. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to Title 20, specifically amending BMC
20.42.040 Definition to Group Residential Facility—Class II and adding siting criteria to the
Freeway Corridor(BMC 20.86.040)and Industrial (BMC 20.94.030)zones regarding said
facility.
2. Procedural History:
2.1 Notice of Public Hearing: April 12, 2019
2.2 Department of Commerce: April 9, 2019
2.3 SEPA Threshold Determination DNS: April 12, 2019
2.4 Planning Commission Public Hearing: April 22, 2019
3. Public and Agency Comment: vone.
3.1
3.2
3.3
3.4
3.5
4. SEPA Determination:
A Determination of Non-Significance was issued on April 12, 2019; to date no comments or
appeals have been filed. Please note that the comment period for the environmental review will
be completed after the Planning Commission's Public Hearing and thus any comments or
information received after the Planning Commission's hearing will be presented to City Council
for their decision. The environmental review and appeal will be completed prior to the City
Council public hearing.
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 Plan, and implement the following policies:
H2(E):Support efforts to provide a variety of housing options:
• Provide for integration of special needs housing within the community by allowing
for government-assisted housing, housing for low-income families, manufactured
housing, group homes, and foster care facilities.
H3: Support access to quality and affordable housing for all Bremerton's residents.
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Exhibit A
(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 the
amendment to Title 20.
Respectfully submitted by: Approved by:
67 , „..„, ,
( -1/1/1i ' --' _ ,
Andrea L. Spencer Executive Secretary Richard L. Tilt,: r
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Kitsap S u n
PART OF tHli USA 100AY Nk T WORK
PROOF OF PUBLICATION
ORDINANCE NO. 5367
AN ORDINANCE of the
City Council of the City of
Bremerton. Washington,
amending Ordinance No.
CITY OF BREMERTON EN GINEERING 5360 relating to the City of
345 6TH STREET STE 100 Bremerton Fiscal Year 2019
Budget
BREMERTON,WA 98337 ORDINANCE NO. 5368
AN ORDINANCE or the
City Council or the City of
Bremerton, Washington,
STATE OF WISCONSIN,COUNTY OF BROWN adding a new chapter to the
Bremerton Municipal Code,
Chapter 6.20 BMC, regulat-
I,being first duly sworn on oath,deposes and says:That I ing the distribution of
am now,and at all times embraced in the publication single-use plastic and binde•
graduble carryout bags
herein mentioned was the principal clerk of the printers and
publishers of KITSAP SUN;that said newspaper has been ORDINANCE NO. 5369
approved as a legal newspaper by the order of the Superior AN ORDINANCE of the
Court of the Countyof Kitsap,in which Countyit is Citye Council of the ingtty of
Bremerton, Washington,
published and is now and has been for more than 6 amending the Bremerton
Muto
months prior to the date of thepublication hereinafter "Croup
Code related i-
(,'roup Residential" dofini-
referred to,published in the English language continually tion and adding siting crite-
ria to Industrial and Free-
as a daily newspaper in Bremerton,Kitsap County, way Corridor zones for
Washington,a weekly newspaper in Kitsap County, Group Residential Facilities
-
Washington and is now and during all of the said time,was Class II
printed in an office maintained in the aforesaid place of PASSED by the City
publication of said newspaper;that the followingis a true Jue,Councilon the 5th day of
June,2019.
text of an advertisement as it was published in regular
di-
issues not in supplement form)of said newspaper on min fulls textvaiof thiso o the
(andPPHance is available from the
the following date(s),to wit:And on City Clerk's Office, 345
Sixth Street, Suite 100, Bre-
merton,WA 98337.
June 11,2019 June 11,2019 #3616414
such newspaper was regularly distributed to its
subscribers during all of said period
Subscribed and sworn to before on June 11,2019
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POI*: Ord 5367,68,69