HomeMy WebLinkAbout5422ORDINANCE NO. 3422
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Title 20 related to Boundary Line Adjustments and Lot Size
Averaging.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton ("City") 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
A 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, these amendments develop a City process to review and provide a
decision on Boundary Line Adjustments (BLA); and
WHEREAS, the Washington State Legislature passed House Bill 1923, which
provides incentivized recommendations for jurisdictions to amend local zoning codes relating to
housing, with one recommendation to allow lot size averaging in all zoning districts where
single-family homes are permitted, and
WHEREAS, the Low -Density Residential (R-10) and Medium -Density
Residential (R418) zones are the zoning districts where single-family homes are permitted and
with minimum lot sizes that would benefit from Lot Size Averaging; and
WHEREAS, these amendments to BMC 20.60.065 entitled Allowable Density
and Lot Area within the R-10 zone and BMC 20.78.065 entitled Allowable Density and Lot Area
in the R-18 zone would allow lot size averaging in all zoning districts where single-family homes
are permitted, and thus complying with House Bill 1923; and
WHEREAS, the City has received grant funding under the provisions of House
Bill 1923 to pursue these zoning code amendments; and
WHEREAS, on July 20, 2020, the Planning Commission conducted a workshop
on the proposed amendments related to Boundary Line Adjustments; and
WHERAS, on January 22, 2021, the planning Commission conducted a workshop
on the proposed amendment related to Lot Size Averaging; and
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Title ZO BMC Updates — BLA &Lot Size Averaging
WHEREAS, on March 16, 2021 for Lot Size Averaging's amendments, a State
Environmental Policy Act ("SEPA") Determination of Nonsignificance ("DNS") was issued for
the proposed action with a comment period, and no appeals were filed; and
WHEREAS, on March 24, 2021 for Boundary Line Adjustment's amendments, a
State Environmental Policy Act ("SEPA") Determination of Nonsignificance ("DNS") was
issued for the proposed action with a comment period, and no appeals were filed; and
WHEREAS, March 11, 2021 for Lot Size Averaging's amendments and March
22, 2021 for Boundary Line Adjustment's amendments, the proposed Zoning Code amendments
were circulated to Department of Commerce and the State Agencies for the requisite review and
comment period; and
WHEREAS, on April 9, 2021, 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 19, 2021, the Planning Commission conducted two public
hearings on the Zoning Code amendments and formulated two recommendations to forward the
amendments for City Council consideration, and
WHEREAS, the amendments would develop a new process for the City to review
and provide a decision for BLAs, and Rate Table C, per Ordinance 5405, does not identify the
cost for BLA permitting; and
WHEREAS, until such time that the City annually updates its Rates and Fees, the
City would charge an hourly review as identified by Rate Table C, or as hereby amended, for the
time it took to process, review, issue a decision for the BLA permit; and
WHEREAS, on May 27, 2021, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing on June
2, 2021 by the City Council; and
WHEREAS, on June 2, 2021, 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 IncoNpoNated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A and Exhibit B are adopted
and incorporated as if set forth herein in full.
2
Title 20 BMC Updates —BLA &Lot Size Averaging
SECTION 3. Chapter 20.12 of the Bremerton Municipal Code entitled "Land
Division" is hereby amended by adding Section 20.12.175 to read as follows:
20.12.175 BOUNDARY LINE ADJUSTMENTS.
(a) Purpose. The pose of this section is to provide procedures and criteria for the
review and approval of adjustments to boundary lines of legal lots or tracts in order to rectify
defects in legal descriptions, to allow the enlargement of lots to improve or qualify as a building
site, to achieve increased setbacks from property lines or sensitive areas, to correct situations
wherein an established use is located across a lot line, or for other similar purposes. A boundary
line adjustment shall not be used to subdivide land, i.e., it shall not create any new or additional
lot. tract or parcel. The boundary line adjustment is not for the purpose of avoiding public
improvement requirements that would be associated with a replat or other new land division
approvaI
.
(b) Procedure.
(1) A request for a Boundary Line Adjustment is processed as a Type I
Director's decision pursuant to Chapter 20.02 BMC.
(2) Boundary line adjustments may also be accomplished as pa1-t of a plat or
short plat.
(3) At the Director's discretion, a Site Plan Review or separate permit may be
required prior to the submittal of a BLA or concurrently with the BLA permit.
(c) Application submittal requirements. Ali applicant shall submit a complete
boundary line adjustment application to the city. The following shall accompany a complete
application for the purposes of this chapter:
(1) Evidence of ownership or authorization from the property owner to apply.
(2) A site plan of both the existingproposed property line configuration
that contains the following:
(1) A vicinity map that clearly marks the site in relation to the nearest
major streets, roads, and waterways in the area;
(ii) A map at a scale of not less than one inch to fifty feet which depicts
the existing_ property configuration, including all lot lines, dimensions and lot area.
(111) The location and dimensions of all structures/improvements existing
won the affected lots and the distance between such structures/improvements and the existing
and proposed boundary lines.
(iv) The location and dimensions of any easements within or adjacent to
the affected to
rights-of-way.
(v)
whether
(Vl)
facilities, on -site
The location, dimensions and names of all existing or platted street
blic or private, within. or advent to the affected lots.
The location of all existing and proposed water, sewer and storm
wastewater disposal systems, drailnfields, and wells.
The location of access to all affected lots.
A north arrow and bar scale.
(3) The original legal descriptions of all affected properties, together with new
separate legal descriptions for each parcel resulting from the adjustment.
(4) All drawings and legal descriptions are required to be prepared, stamped
and dated by a licensed land survevor as set forth in BMC 20.12.070. The survevor shall confirm
the following:
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Title 20 BMC Updates — BLA � Lot Size Averaging
(i) That the boundary line adjustment does not violate any covenants,
conditions and restrictions (CCRs), deed restrictions, common spaces, easements, or
development agreements pertaining to the affected properties; and
(ii) All person with interest in the properties are represent in the request.
(5) A title report prepared not more than 60 calendar days prior to application
submittal and prepared by a title company licensed in the state of Washington, may be required.
(6) If an existing on -site sewage (septic n tak) disposal system and/or well will
continue to be used on an affected property after the boundary line adjustment, and/or if a new
on -site sewage disposal system or well is proposed for an affected oropertv where city code does
wire connection to the ci
's municipal sewer and/or water
the applicant shall
rovide written verification from the Kitsap Public Health District that the proposed lot is
adequate to accommodate an on -site sewage disposal system and/or well.
(d) Decision criteria. The following criteria shall be used to review and approve
boundary line adjustments.
(1) The boundary line adjustment shall not result in the creation of any
additional lot, tract, parcel, site, or division.
(2) The boundary line adjustment shall not be approved if it avoids public
uirements, such as utility or right -of --way improv
associated with a land division approval.
(3) The lots or parcel;
all dimensional requirements specified for the applicable zone as set forth in Title 20, and other
applicable regulations.
(4) No lot, use, or structure is made nonconforming or more nonconforming
than that which existed at the time of application and are subject to the provisions of BMC 20.54
Tould be
(5)
e di
Will not
resulting after the boundal-v line adjustment shall me
sh or impair exi
I (including on -site
or future
disposal) or legal access.
water _su
(6) Shall not be reconfigured or adjusted which would render access for
vehicles, utilities, fire protection, or existing easements impractical to serve their purpose or to
allow maintenance/acces
(7) Shall not violate or be inconsistent with any conditions of approval for a
iously filed land use action, subdivision, short plat, or binding site p1a11 deemed relevant b�
the Director.
(8) Shall not result in a lot having more than one land use designation and/or
zoning or result in being bisected by any special overlay_
(9) Shall not result in a lot, or lots, not wholly located within the city limits.
(10) Shall not involve lots that do not have a common boundary
(11) Shall not result in a lot which would be so constrained by topography,
critical areas or buffers, unusual shape, or other site conditions that a reasonable building site
cannot be obtained except through a variance, reasonable use exemption from a .critical areas
permit, or other special exemption from the city's zoning, land use or critical area regulations.
(12) Shall not affect the boundaries of any lot, tract, parcel or division that is
the subject of a current, unresolved city code enforcement action, code violation notice, or stop
work notice; except as provided under circumstances where the Director, Hearing Examiner or
iudi2e deems a boundary line adjustment provides an appropriate resolution.
(13) Any adjustment of boundary lines must be approved by the department
for to the transfer of property ownership between adjacent legal lots;
4
Title 20 BMC Updates — BLA � Lot Size Averaging
those modin
(14) When an adjustment of boundary lines requires a modification of access,
lions shall be approved by the City Engineer though a separate permit. AM
adjusted lot shall contain no more than six separate lot lines, which are straight lines except when
line is caused
(e)
in�(s) for
an exist]
iQht of
or existin
lot line.
Final Approval and Recording.
(1) Prior to recording, the applicant shall submit boundary line adjustment
abnroval by the City. The City will provide a decision in writing, to be provide
to the Kitsap County Auditor's office.
(2) Prior to final approval, documentation authorizing the transfer of property
ownership shall be placed on the original boundary line map along with the legal descriptions of
those portions o-PI and being transferred when lots are tuzder separate ownership. Lot lines within
lots under the same ownership will be adjusted Upon the recordinfa of the boundary line
adjustment.
(3)
are recorded v
A boundary line adjustment does not become effective until all documents
the Kitsap County auditor. The boundary line adjustment shall be recorded
within one hundred ei
�f the notice of decision date or be null and void. The applic
shall be responsible for submittin
all final documents for reco
the City the Auditor File Number within 7-days of record
boundary line adjustment within 30-days of recording,
ing. The applicant shall provide
a copy of the recorded
SECTION 4. Chapter 20.60 of the Bremerton Municipal Code entitled "Low
Density Residential (R.10)" zone is hereby amended by revising Section 20.60.065 entitled
"Allowable Density and Lot Area" to read 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 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 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 20.5 8.060;
(2) One (1) lot within a proposal for a division of land may exceed seven
thousand two hundred sixty (7,260) square feet, provided the remaining lots do not exceed the
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 seven thousand two hundred sixty (7,260) square feet, provided the total area of the flag
lot does not exceed ten 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,
5
Title 20 BMC Updates — BLA � Lot Size Averaging
.2) When a new subdivision is proposed, the size of lots in land division may
be reduced below the minimum lot size provided all the following are met:
(1) The overall average of the proposed lots do not exceed the
permissible maximum density.
(ii) All lots that are smaller than the minimum lot size shall
demonstrate that they are developable by showing code compliance with such items as required
narking. lot coverage, setbacks, storinwater compliance, etc.
(iii) The platting documents shall include documentation of allowed
uses and language that ensures maximum density is not exceeded.
(iv) If the land division is submitted in phases of development, each
phase submitted for approval shall meet these provisions.
SECTION S. Chapter 20.78 of the Bremerton Municipal Code entitled "Medium
Density Residential (R.18)" zone is hereby amended by revising Section 20.60.065 entitled
"Allowable Density and Lot Area" to read 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 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 seven thousand two hundred sixty
(7,26U) square feet, with the following exceptions.
(1) The lot area may be modified through the' approval of a residential cluster
development pursuant to BMC 20.5 8.060;
(2) One (1) lot within a proposal for a division of land may exceed seven
thousand two hundred sixty (7,260) square feet, provided the remaining lots do not exceed the
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 seven thousand two hundred sixty (7,260) square feet, provided the total area of the flag
lot does not exceed 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.
(2) When a new subdivision is proposed, the size of lots in land division may
be reduced below the minimum lot size provided all the following are met.
(1) The overall average of the proposed lots do not exceed the
permissible maximum density.
(ii) All lots that are smaller than the minimum lot size shall
demonstrate that thev are developable by showin 4 code compliance with such items as required
parking, lot coverage, setbacks, stol-mwater compliance, etc.
Title 20 BMC Updates — BLA � Lot Size Averaging
(iii) The platting documents shall include documentation of allowed
that ensures maximum density is not exceeded.
(iv) If the land division is submitted in phases of development, each
phase submitted for approval shall meet these provisions.
SECTION 6. Corrections. I 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. Seyerability. If any one or more sections, subsections, or sentences
A 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 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
Approved this
ATTEST:
KEVIN GORMAN, Council President
2021.
GRE Y WHEELER, Mayor
APPROVED AS TO FORM:
7
Title 20 BMC Updates — BLA � Lot Size Averaging
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMER I ON PLANNING COMMISSION
Summary:
The proposed amendments to the Bremerton Municipal Code (BMC) to develop a City process for
Boundary Line Adjustments by creating a new section: BMC 20.12.175
I. FINDINGS OF FACT
1. Project Description:
The proposed Zoning Code amendments would allow for City departments to review Boundary
Line Adjustments within the City of Bremerton.
This proposal does not impact, nor change, the regulations for Land Division as identified in
current code.
2. Procedural History:
2.1 Planning Commission Workshop: July 8, 2020
2.2 Washington State Department of Commerce Notice: March 22, 2021
2.3 SEPA Threshold Determination DNS: March 24, 2021
2A Notice of Public Hearing: March 25, 2021
2.5 Planning Commission Public Hearing: April 19, 2021
3. Public and Agency Comment:
3.1 None provided at the Workshop
3.2 At the Planning Commission Public Hearing on April 19, 2021, the following testimony
was provided: None
4. SEPA Determination:
A Determination of Non -Significance was issued on March 24, 2021, no comments or appeals
were 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:
o Goal LU1. Plan for Bremerton's population and employment growth.
o Policy LU1(B): Coordinate Bremerton's growth consistent with the Kitsap Countywide
Planning Policies and the Puget Sound Regional Council's Vision 2040, and state
requirements.
o City Services Goal CS1: Provide municipal services that enhance the quality of life in
Bremerton.
o Policy CS1(B): Educate the citizenry about City services and citizen responsibilities.
o Goal CS4: Provide safe and reliable utility service to citizens, while balancing economic,
aesthetics and environmental factors.
1
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 related to Land Division 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.
Respe
Ily submitted by:
. Spepfcer, Executive Secretary
2
Exhibit B
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
The proposed amendments to the Bremerton Municipal Code (BMC) to allow Lot Size Averaging in the
Low- and Medium -Density Residential Zones.
I. FINDINGS OF FACT
1. Project Description:
The proposed Zoning Code amendments would allow lot size averaging within the City's BMC
to the two zones that identity minimum lot sizes: Low- and Medium Density Residential Zones
(BMC 20.60 and BMC 20.78). This code would allow future development to have some flexibility
in their proposed minimum lot sizes when subdividing or a boundary line change, when the
overall project continues to meet the underlying zoning density.
This proposal does not impact, nor change, the existing underlying zoning density as identify in
current code.
2. Procedural History:
2.1 Planning Commission Workshop: January 22, 2021
2.2 Washington State Department of Commerce Notice: March 11, 2021
2.3 SEPA Threshold Determination DNS: March 16, 2021
2.4 Notice of Public Hearing: April 9, 2021
2.5 Planning Commission Public Hearing: April 19, 2021
3. Public and Agency Comment:
3.1 None provided at the Workshop
3.2 At the Planning Commission Public Hearing on April 19, 2021, the following testimony
was provided: none
4. SEPA Determination:
A Determination of Non -Significance was issued on March 16, 2021, no comments or appeals
were 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:
o Policy LU1(13): Coordinate Bremerton's growth consistent with the Kitsap Countywide
Planning Policies and the Puget Sound Regional Council's Vision 2040, and state
requirements.
o Policy LU4(C): Provide land use regulations that give opportunities for the community to
have fair access to livelihood, education, and resources.
o Housing Vision: To encourage the growth of Bremerton by strategically locating a wide
variety of housing types throughout the City in a way that protects the environment and
fosters community health.
o Housing Goal H2: Encourage the development of a variety of new housing options and
densities to meet the changing needs of Bremerton's residents.
0
o Policy H2(C): Supporting infill development and increased densities.
o Housing Goal HI Support access to quality and affordable housing for all Bremerton
residents.
o Policy H3(A): Provide opportunities for the production of new housing for all incomes, ages,
and family types through infill by stimulating growth of non-traditional housing types such as
townhomes, carriage units, accessory dwelling units, and duplexes in locations where they
will seamlessly infill into the fabric of the existing neighborhoods.
o Policy H3(E): Eliminate unnecessary regulatory impediments to the development of
affordable housing.
(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 related to Lot Size Averaging, 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 subm
pia
by:
cutive Secretary
2
PROOF OF PUBLICATION
Angela Hoover
City Of Bremerton
345 6 Th Street Suite 100
Bremerton WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN.
I, being first duly sworn on oath, deposes and says: That 1 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
the 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 6
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
06/04/2021
such newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before on 06/04/2021
Legal C1
Notary, State
6t�Ity of Brown
My commision expires
Publication Cost: $15.85
Order No: 5929610
Customer No: 288797
PO #:
Phase do not use tltcr Jnrm for perrmenl remittance.
SHELLY HOF��
Notary Public
Stake of wisconsin
# of Copies:
1
PO Box 52 173, Phoenix, AZ. 85072-2 ] 73
CITY OF BREMEF' O%J
WAS H I N GTON
ORDINANCE NO. 5422
AN ORDINANCE of the City
Council of
Bremerton,
amending
Municipal
related to
Ad i ustments
Averaging.
the City of
Washington,
the Bremerton
Code Title 20
Boundary Line
and Lot Size
ORDINANCE NO. 5423
AN ORDINANCE of the City
Council of the City of
Bremerton,
amending the
Municipal Code
"Ma nufactu red
minimum width.
Washington,
Bremerton
re l ated to
Homes"
PASSED by the City Council
on the 2nd day of J une 2021.
The full text of this ordi-
nance is available from the
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
WA 98337.
J u n e 4, 2021
#5929610
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