HomeMy WebLinkAbout5404ORDINANCE NO. 5404
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, for the 2020 Comprehensive Plan
Amendment docket to amend the Zoning code to establish a
citywide minimum density of 6 dwelling units per acre
WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18,
2016, by Ordinance No. 5299, hereinafter referred to as the "Comprehensive Plan;" 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 (Ord. No. 5299) and Zoning Code (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, the Planning Commission conducted a workshop on the 2020
Comprehensive all amendments and associated Zoning Code changes proposal on January 27,
2020; and
WHEREAS, on June 5, 2020, the Washington State Department of Commerce was
notified of the City's Comprehensive Plan Amendment docket for 2020; and
WHEREAS, on June 5, 2020, a SEPA Determination of Nonsignificance was
issued for amendment docket items with a 14-day comment period; and
WHEREAS, on September 11, 2020, 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 21, 2020, the Planning Commission conducted a
public hearing on the 2020 Comprehensive Plan Amendment Docket, and the Planning
Commission recommended the City Council adopt amendments as presented here in this
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Zoning Code Amendments for tl:e
2020 Comprehensive Plan Amendment Docket
ordinance; and
WHEREAS, on October 14, 2020, 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 October 21, 2020 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAS, on the October 21, 2020 the City Council adopted Ordinance No.
5403 which amended the City's Comprehensive Plan and those amendments require Zoning
Code text 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 I. Findings and Recitals Incorpo�ated. The findings and recitals set
forth above are hereby incorporated by reference.
SECTION 2. Amend Chapter 20.60 of the Bremerton Municipal Code entitled
"Low Density Residential (R-10)" by amending Subsection 20.60.065 as follows:
20.60.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing
neighborhoods. The intent is to allow infill residential development. The following density and
lot area standards are applicable to development within the zone.
(a) Minimum Density. The minimum required density is five-(5) six 6 dwellings per
acre.
(b) Maximum Density. The maximum allowed density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is eight thousand sand seven hundretwelve.
(8,712) seven thousand two hundred sixty (7,260) square feet, with the following exceptions:
(1) The lot area may be modified through the approval of a residential cluster
development pursuant to BMC 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed eight
+housand seven hundred twelve (9 7 2) seven thousand two hundred sixty (7,260) square feet,
provided the remaining lots do not exceed the eight thousand seven i., ndr-oa twelve (8,712)
seven thousand two hundred sixty (7,260) square foot maximum lot size; and
(3) A flag lot that complies with the requirements in BMC 20.44.100 may
exceed eight thousand hundred twelve (8 712` seven thousand two hundred sixty (7,260)
�c�'cnzmirarccr-ter � �.,,, . �
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Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket
square feet, provided the total area of the flag lot does not exceed + ,:..too„ +�,,., san sixty o',.�,+
{1ten thousand eight hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot area is four thousand three hundred
(4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified through the approval of a residential
cluster development pursuant to BMC 20.58.060, provided the development complies with the
maximum density requirement set forth in subsection (b) of this section.
SECTION3. Amend Chapter 20.78 of the Bremerton Municipal Code entitled
"Medium Density Residential (R48)" by amending Subsection 20.78.065 as follows:
20.78.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing
neighborhoods. The intent is to allow infill residential development. The following density and
lot area standards are applicable to development within the zone,
(a) Minimum Density. The minimum required density is five (5) six 6 dwellings per
acre.
(b) Maximum Density. The maximum allowed density is eighteen (18) dwellings per
acre.
(c) Maximum Lot Area. The maximum lot area is e g'* ti m se-v en o hundred
l9,712) seven thousand two hundred sixty (7,260) square feet, with the following exceptions,
(1) The lot area may be modified through the approval of a residential cluster
development pursuant to BMC 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed ei&
+housand seven hundred twelve (8 74,l seven thousand two hundred sixt7,260) square feet,
provided the remaining lots do not exceed the eight thousand seven hundred twelve (9,712)
seven thousand two hundred sixty (7,260) square foot maximum lot size; and
(3) A flag lot that complies with the requirements in BMC 20.44.100 may
exceed ''+ +'' ~a ''���aro a +<,.o�tre'Q �' 21 seven thousand two hundred sixty (7,260)
square feet, provided the total area of the flag lot does not exceed thiftee thousandsixty e
(13,968) ten thousand eight hundred ninety( 10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot area is two thousand five hundred
(2,500) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified through the approval of a residential
cluster development pursuant to BMC 20.58.060, provided the development complies with the
maximum density requirement set forth in subsection (b) of this section.
SECTION4. 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
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2020 Comprehensive Plan Amendment Docket
SECTION S. 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 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.
PASSED by the City Council the At J day of O C,±D bCA!:' , 2020.
Approved this
ATTEST:
ERIC YOUNGER, (Ye�Cincil President
W
G G WHEELER, Mayor
APPROVED AS TO FORM.
XNGEf.ik HOOVER, City Clerk ROGER A. LUBOVICH, City
PUBLISHED the C' day of .�OP� 1�' , 2020.
EFFECTIVE the day of p yo* , 2020.
ORDINANCE NO 4 0+
Zoning Code Amendments for the
2020 Comprehensive Plan Amendment Docket