HomeMy WebLinkAbout5390ORDINANCE NO. 5390
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, for the 2019 Comprehensive Plan docket
to amend the Zoning Code to modify the Multifamily Residential
District, and to change the zoning maps for approximately 25 acres
between 15th and 19th Street and Rainier and Naval Avenue from
Multifamily Residential to Medium Density Residential; and
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and applicable regional plans; and
WHEREAS, the City of Bremerton adopted a Zoning Code on May 18, 2016, by
Ordinance No. 5301 hereinafter referred to as the "Zoning Code;" and
WHEREAS, the City adopted an area -wide land use classification and zoning for
the Comprehensive Plan: Land Use Map (Ord. No. 5299) and Zoning Map (Ord. No. 5301) on
May 18, 2016; and
WHEREAS, the zoning code and maps must be consistent with the
Comprehensive Plan; and
WHEREAS, the City of Bremerton has established a procedure and criteria for
approval for amending City proposed text amendments in the Zoning Code in Title 20.18 of the
BMC. This procedure supports Comprehensive Plan and Zoning Code amendments to be
processed concurrently; and
WHEREAS, this ordinance approves the 25 acres area -wide rezone from
Multifamily Residential to Medium Density Residential pursuant to BMC 20.58.050 entitled
Area -wide Rezones. This rezone will ensure consistency between this ordinance's amendments
to the Comprehensive Plan and the City's Zoning Code; and
WHEREAS, the City Council will conduct an additional public hearing for the
site -specific rezone for the Zoning Map change on Werner Road pursuant to BMC 20.58.040
entitled, Site -Specific Rezone.; and
WHEREAS, the Planning Commission conducted two workshops on the 2019
Comprehensive Plan amendments and associated Zoning Code changes proposal on April 22 and
June 17, 2019; and
WHEREAS, on July 2, 2019, the Washington State Department of Commerce was
notified of the City's Comprehensive Plan Amendment docket for 2019; and
WHEREAS, on August 8, 2019, a SEPA Determination of Nonsignificance was
Zoning Code Amendments for the
2019 Comprehensive Plan Amendment Docket
issued for amendment docket items with a 14-day comment period; and
WHEREAS, on September 6, 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 Planning Commission; and
WHEREAS, on September 16, 2019, the Planning Commission conducted a
public hearing on the 2019 Comprehensive Plan Amendment Docket and its associated zoning
code amendments, and the Planning Commission recommended the City Council adopt
amendments as presented here in this ordinance; and
WHEREAS, on December 6, 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 December 18, 2019 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAS, on the December 18, 2019 the City Council adopted Ordinance No.
5389 which amended the City's Comprehensive Plan and those amendments require Zoning
Code text and map change; and
WHEREAS, the proposal meets requirements of the GMA; and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies ("KCCPP"); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby incorporated by reference.
SECTfON2. Amend Chapter 20.40 of the Bremerton Municipal Code entitled
"Administration" by amending Figure 20.40(a) to rename "Multifamily Residential (R-20)" to
"High Density Residential (R-40);" and
SECTIONS. Amend the official Zoning Maps #1, #2, #3 and 44 of the
Bremerton Municipal Code Title 20 by renaming the Zoning designation "Multifamily
Residential" to "High Density Residential" as described in Exhibit A affixed hereto.
SECTION 4. Amend Chapter 20.79 of the Bremerton Municipal Code entitled
"Multifamily Residential" by renaming this Zoning designation to "High Density Residential (R-
40);" and
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Zoning Code Amendments fir the
2019 Comprehensive Plan Amendment Docket
SECTION5. Amend Chapter 20.79 of the Bremerton Municipal Code entitled
"Multifamily Residential" by amending Subsection 20.79.010 as follows:
20.79.010 INTENT.
The intent of the ' i ' i zoning
district is to provide a high standard of development for residential multifamily type structures
and to provide a variety of housing options for a wide diversity of people, within neighborhoods
that are currently developed with multifamily development. In addition,, Ql' -X)TIC _.1i0_011r..1s t(,�
sujVortiiigthe adopted Downtown Subarea Plan.
SECTION 6. Amend Chapter 20.79 of the Bremerton Municipal Code entitled
"Multifamily Residential" by amending Subsection 20.79.020 as follows:
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co -location of wireless communications per BMC 20.46.140;
(b) Residential Use. Qvvc1fi11g_.qgjj& in&Cuding4�h:iplgN tile
state l�qworcity� );!!t ..
Residential uses include:
(1) Day care facility (twelve (12) or fewer persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi -unit dwelling units;
(5) Single -unit dwelling unit, attached (zero (0) lot lines);
(6) Single -unit dwelling unit, detached;
(7) Townhouses;
(8) Duplexes.
SECTION 7. Amend Chapter 20.79 of the Bremerton Municipal Code entitled
"Multifamily Residential" by amending Subsection 20.79.040 as follows:
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided
the conditional use complies with the corresponding standard as listed in BMC 20.60.040 (low
density residential (R-10) zone),(LN!(
- - --ult........
zonc for th ItrmI I
2�Mng Uses:
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) persons receiving care);
(e) Worship, religious, and community facilities;
(f) Schools, parks and associated facilities of the types set forth in BMC 20.60.0400).
SECTION 8. Amend Chapter 20.79 of the Bremerton Municipal Code entitled
"Multifamily Residential" by amending Subsection 20.79.060 as follows:
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Zoning Code Amendments for the
2019 Comprehensive Plan Amendment Docket
20.79.060 DEVELOPMENT STANDARDS.
(a) For properties located within the downtown regional center, the Downtown Subarea
Plan will regulate development standards. The following development standards listed are for all
other locations where the 4�41: R-40 zone is located.
(b) Lot Standards. Lot development requirements shall be in accordance with this
section and the following standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen (15) feet;
(ii) Minimum side yard setback is five (5) feet;
(iii) Minimum rear yard setback is fifteen (1.5) feet.
(2) °ihe ussay muuuuu ➢ lut..., 5tuuuattite 1.� ➢. � �:�1. _�.k � � 1; .
G) Maximum structure height is forty-five (45) feet, except that
conditionally allowed uses per BMC 20.79.040 may be sixty (60) feet unless otherwise noted;
and
(ii) l_e ua5iieuu e ¢,i ^s^s d d n� Mc gdjq git to Low Density !Ke�i .e illai
r,gngn & ;..11 : ..:l ill E ih(°.w 1'eet sliaIl iiru ; [he set
6 � Q y n root �`rorn tfiew1
......:._V _increase_ over t[iiiu t ..1ive�, � ")..:loeutb
l (1ouue ;u ii '....uuue iiu w e scu ; .._II w i:�at buu�il:ommmuslli _ .
(4 )) Maximum development coverage is - (t ((i ,r e ly yid ) percent.
(1uu) Zero (0) Lot Line (ZLL) Development. An attached uum i1u 15uu i iy dwelling and/or
garage structure may have ,a +g4 shared side or rear lot line, and-ti setback reduced to zero (0),
provided the structure complies with building code fire separation requirements.
Garages, Storage Buildings and Shops.
(1) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle
entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least
twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard).
(e) Minimum density: eighteen (18) dwelling units per acre.
(f) Maximum density: twAy )24) fogy (41'(„(,_dwelling units per acre.
.(p:)...... (::)i1e uum_5it<iu (tit pgiu5e tmt amgf 5 units or niore, a minii iti.4i.a...eu1�15('`�wof flue net site
area shall be sct..,t",uil u;tusel u.uS.i.Ru .ere6 as eupeua tip cc, foruuse�r..�uuurl 4q:u5oyuj� ,,,pt o.1�.:f utiiu;w;uw;wuwidents a u1wher
u,jt.1?a"�i.ve. ,uuu fl/iia active,.w.pasc eM , D w; uuate criticuitic� : i a v-, u S� All �uu....� ima.)t:.r..20,14..1i14�C shall
not lue...iuµtue6 lwuii i(ue aiiyigiu spaiwiu utt)i epiinnap�u,; gai_a luQS a iiiiiuuiia;i5i..wuue,awt, i(ie )1m��i;i ipug
ete�uu uduu :
(l) Passive and etu ttpipu iugtwo W i iilyo _ 5i �,jjnu�ust include (acHii,ies
For act tl?Ji::��ll,el e�@ �a"ai e recreation PasSi" il UwiV.tl uVit(_tAe1u (aieemllituC: .°iAelua�s,llu"aml,elll
lretuue6., .5,. ,1uuw �e u` .4iui oe_i5 g wg "you iw Lr uauuu l ate ea tur eta w w rpue e e, uu i ui lluude ullluufleliwi
pleuy .tl .jiruua owul L.gvedwha o uu qrq -wiry tlf al I or tennis, co.5u uwlw�ei ;uuu Vatvin leru° 1u;ullige ld d�nd
other such facilities,
(2) .u.t..Sue t:,Plan. .m.For au.>l...d stuuuiijtur1 tilti.iu tw.ii��y ,.,u¢rail tlurvum_piuuiueigiti( °��u u(l
incluude ,,,uuu <u1us.:iunn 5 uwl..t_..lilauu l"tiis pLa.uu.us:l:o ensurenwi, c oni �5aie c uu..ulia�ri;(pt iu c(_a�uu�d iyu�y �,va u� iS;iT
p t ei(y llll p uu p®a .t.aato ,uu.t shall uru i15 r pth tluiw.foll4(iwi;; ,.
G) Identrllir all pKgpiiini'tl i_t7ujyt) ituugts s!ug1u 4pau)uluia facilui_a.e�S,.
p!iuosc(...vce u!uauj,.ind ilcitmEg 5egc qtueu..te.. rea.ugd
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Zoning Code Amendments for the
2019 Comprehensive Plan Amendment Docket
(ii.i (llit_.tii n ¢ tu.n Wlwnta�nrnpllf mi 11 tl ,t,i nnnit i nn n(..s..aaf th ..:lann St aii2nnwtf
�J]gptgr,...:6`� un < jib t"IP a er 20.5013M any
(iii) The i iw nn (tilli mimiumni miimn irn.gawhii wnaric _q. ! onsibnintn s al) i1
(iv) )iw I n an t m i iinnw iini a_..notna (_f�wtw6t �tpiingnnvrai �y i(ng 'Jty L�c(
Ivcor imd with t1hte eta.�niiy..Am.idiigii....:lFminuabmnoticeshall nnK,llUde,,j!,0vkio ns for wthe wwdesnation arid
rcten�.iM o nnita n q ntni prOyirion s foi:..ir�iii�wn�a�a n i rnainimtmt anc( of the o.pttn gip' nwwtin"nd/orr
cntmmonn..y cnwii ci Facilities.
SECTION 9. The City of Bremerton Zoning Maps #2, adopted by Ordinance
5301 located within Title 20 of the Bremerton Municipal Code, is hereby amended as set forth in
Exhibit A. The amendments are described as the 25 acres rezone from Multifamily Residential
to Medium Density Residential between 15th and 19th Street and Naval and Rainier Avenue.
SECTION 10. Corrections. The City Clerk and codifiers of this 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 11. Severability. If any provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remainder of this ordinance. Provided however, that if any provision of
this ordinance is held invalid or unconstitutional, then the provision in effect prior to the
effective date of this ordinance shall be in full force and effect for that individual provision as if
this ordinance had never been adopted.
SECTION 18.fective 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
119.
Approved this day of a .0 , 2019.
GREG N ELER, Mayor
5
Zoning Code Amendments for the
2019 Comprehensive Plan Amendment Docket
ATTEST:
XNGCJU HOOVER, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of jXtMbgx— ,2019.
EFFECTIVE the day of 2019.
ORDINANCE NO. 5390
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Zoning Code Amendments for the
2019 Comprehensive Plan Amendment Docket
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Exhibit A to Ord No. 5390
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Exhibit A to Ord No. 5390
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