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HomeMy WebLinkAbout07/25/01 AGENDA CITY COUNCIL MEETING AGENDA JULY 25, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA - There are no Consent Agenda items this week 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS ,,,,,.-A. Professional Services Contract with Miller & Miller Consulting Services for review of Public Works & Utilities Department (#AB01-162) 11. PUBLIC HEARINGS - RESOLUTIONS A. Resolution No. 2825, Regarding Recovery of Fees for Securing the Building on the j ~L Property located at 1320 N. Callow Avenue (#AB01-163) B.Resolution No. 2826, Regarding Recovery of Fees for Securing the Garage on the Property located at 2229 Winfield Avenue (#AB01-164) jC. Resolution No. 2827, Regarding Recovery of Fees for Securing the House and Garage on the Property located at 1935 N. Callow Avenue (#AB01-165) ,,,,,,D. Resolution No. 2828, to consider an Application to Amend Special Use Permit for Emmanuel Apostolic Church to increase the previously approved Childcare capacity from ,.~ 41 to 56 children; and revise the Approved Site Plan to reflect the relocation of the daycare's outside play area (#AB01-166) - Quasi-Judicial Hearing AGENDA CONTINUED ON BACK .... 12. PUBLIC HEARINGS - ORDINANCES & APPEALS A. Ordinance No. 4770 (Second Reading), Amending the Official Zoning Map from Medium Density Residential (CBR) to Parks & Schools for properties northwest of the intersection of Chester Avenue and 13th Street, and two parcels along the west frontage of Lincoln Avenue north of 13th (#AB01-158) - Quasi-Judicial Hearing B. Ordinance (First Reading), Amending the Comprehensive Plan to include a new Land Use Policy allowing Front Yard Setbacks of new residential development to reflect the established setbacks of existing structures along the same street frontage (#AB01-167) C. Ordinance (First Reading), Amending the Comprehensive Plan, to include a new policy to promote the adaptive reuse of public and semi-public buildings (#AB01-168) D. Appeal of a SEPA Determination of Non-significance (DNS) issued at the request of the City's Planning & Building Department, to amend the Development Standards by modifying Open Space Requirements (#AB01-169) E. Ordinance (First Reading), Amending the Zoning Code Text by modifying Open Space requirements of any development having a total gross area greater than one-acre (#AB01 170) F. Appeal of a SEPA Determination of Non-significance (DNS) issued at the request of Albertsons, Inc. to amend the Development Standards by reducing the Parking Ratio for Food Stores and Supermarkets (#AB01-171) G. Ordinance (First Reading), Amending the Zoning Code Text by relaxing the parking ratio requirements for Food Stores, Markets, and Supermarkets (#AB01-172) 13. ADJOURNMENT OF MEETING IMMEDIATELY FOLLOWING THE REGULAR MEETING, COUNCIL WILL RECONVENE IN THE CONFERENCE ROOM FOR A STUDY SESSION TO DISCUSS "COUNTYWIDE PLANNING POLICIES" WITH MARY McCLURE, EXECUTIVE DIRECTOR OF KITSAP REGIONAL COORDINA TING COUNCIL (KRCC) CITY COUNCIL MEETING JULY 25, 2001 SPEAKERS LIST If your question may require a written response, please include your mailing address. NAME ADDRESS TELEPHONE TOPIC 6. o 10. 11. 12. 13. 14. Reminder: The Next Council Meeting will be held on Wednesday, August 1st PROCLAMATION yVJHEREAS, the third annual "The Gathering" is to be held in Bremerton August 3-5, 2001; and ¥~/HEREAS, "The Gathering" is of a special significance in fostering the kindred spirit of the African-American community and to pay tribute to the history of the past, the present, and the future of the Black community of Bremerton; and ~X~HEREAS, it is fitting that the citizens of this city join in an observance that underscore The Gathering of African-American families past, present, and future residences of Bremerton; NOYV~, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton, do hereby proclaim the first weekend of August as the reunion of "THE GATHERING" to be held in the city of Bremerton and encourage all of our citizens to join in this observance which confer the contributions that former African- American families built, enriched and strengthen the foundation of Bremerton in addition to keeping the spirit alive. SIGNED this 25th day of July 2001. Lynn S. Horton Mayor AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: July 25. 2001 Professional Services Contract with ORIGINATING DEPT: Audit Committee Miller & Miller Consulting Services ORIGINATOR: Wayne OIsen, Audit Committee Chair For review of Public Works & Utilities DATE SUBMITTED: July 18. 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Professional Services Contract Exhibit A: Scope of Wor FiSCAl/'&' ~0D~ET C(~MITTEE CHAIRMAN OPERATIONS COMMITTEE CHAIRMAN ENDORSEMENT~ INFORMATION I'1 APPROVED BY COUNCIL PR~E;'SID~FOR SUBMITTAL: MAYOR ~ "~'; Y"-/~ , COUNCIL PRESIDENt,,/' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Audit Committee wishes to enter into a Professional Services Agreement with the firm of Miller & Miller Consulting Services to provide a management review of the Public Works & Utilities Department. Miller & Miller Consulting Services was successful in reviewing the Administrative Services Department with process improvements. The Audit Committee therefore recommends the approval of this Professional Services Agreement with Miller & Miller Consulting Services for an amount not to exceed $38,000. 8. RECOMMENDATION: Move to approve Professional Services Agreement with Miller & Miller Consulting Services for review of the Public Works & Utilities Department for an amount not to exceed $38,000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION At 0A PULLED [] TABLED ri APPROVED [] DISAPPROVED ri AMENDED ['1 D : COUNCIL DIRECTIVE: 11, AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: No management review will be made of this department. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: Potential improvements in efficiencies and effectiveness of processes will most likely offset cost of the review as evidenced by similar review of the Administrative Services Department. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT [Public Works and Utilities Review.] The City of Bremerton ("City") and Miller and Miller Consulting Services, P.S. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor will perform the services set out in the Scope of Work, which is attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only pursuant to Section VI. D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on August 1 and terminates on December 31 unless another date is substituted pursuant to Sections VI. D. or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in an amount not to exceed $38,000.00. Contractor's charges and bills shall conform to the fee schedule attached and incorporated herein by this reference. The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Contractor shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. Bremerton/[Contractor] [Project Name] Page 1 of 4 3 As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of $500,000 for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Contractor shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. Bremerton/[Contractor] [Project Name] Page 2 of 4 E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address City Auditor's Office Miller and Miller Consulting Services, P.S. 239 4th Street 4240 West Cramer Street Bremerton, WA 98337 Seattle, WA 98199-1005 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obhgations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON CONTRACTOR By: By: its: its: Bremerton/[Contractor] [Project Name] Page 3 of 4 DEPARTMENTAL APPROVAL: By: its: APPROVED AS TO FORM: City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk Bremerton/[Contractor'[ [Project Name] Page 4 of 4 City of Bremerton, Scope of Utilities Department Review APPROACH TO THE SCOPE OF WORK We believe this project's staffing, workload, organizational structure, business processes, policies, use of technology and service delivery mechanisms objectives will be obtained by a consulting process that first looks to how the various activities should work and then look to policy, organization and staffing alternatives to best accomplish the newly designed processes. Our consulting process has proven to identify untapped efficiencies and potential gaps in quality. Furthermore, once the potential is recognized, we work with front line staff in each affected department to develop the best support framework to realize the potential. Our methodologies and work plan are focused on the answers to these and other questions: · What are your staff's activities and why? · How much time do they spend on these activities? · How often and how long does information flow or stop? · How is work managed? What is the span of control of various levels of management? · How do departmental barriers aid or detract from efficiency? · Do information systems enhance or detract from efficient operations? The results of the study are analyzed and, if available, compared against benchmarks to communicate the potential in the current system. Once the potential is recognized, the Iow value activities are targeted for revision. At this point the support infrastructure is reviewed to determine the best environment to accomplish the new streamlined process. The recommended environment may include organizational realignment and policy changes. Our planned approach to be used for this project was briefly described in the preceding section. This section will list the tools that we expect will achieve the desired outcomes. The detailed work plan will be developed and presented to the City after the orientation meetings described in our work plan are held and the results of past studies have been reviewed. The information required to fully analyze the current situation will be obtained through a combination of personal interviews, focus group sessions, time tracking studies, review of available statistical data and performance indicators and review of measurements of input, output and resources used. The resulting assessment of current practices will be presented at one of the status meetings for feedback. We will also use a technique that tracks the detailed "movement" of information whether it be in paper or electronic form to identify how many times information is "touched" in how many different workgroups. In connection with this technique, we review the integration of management information systems and workspace configurations. MILLER & MILLER CONSULTING SERVICES, P.S. 1 City of Bremerton, Scope of Utilities Department Review The development of alternative solutions may also require the use of some of these techniques, such as interviews and focus groups. Before we recommend a preferred alternative we "test" the concept with various individuals in various possible scenarios. If a preferred alternative does not "pass the test" it is revised until it is implementable. The benefit of engaging our firm is that you receive efficiency recommendations in the context of our knowledge of local government accountability expectations. As such, we focus on meaningful improvements that complement accountability and control objectives. We have many client experiences where our recommendations have eliminated many inefficient procedures and have, at the same time, improved control over operational objectives. We are confident that you will not find this combination of crucial perspectives in other firms. The draft report will contain the facts discovered, the analysis performed, the conclusion reached and the recommendations. We usually utilize the services of a client steering committee that has been involved in the periodic status meetings to challenge the draft report and recommend changes to better fit in with the culture of the City. The following presents an outline of the proposed workplan. The planned project schedule and related anticipated costs are presented following the workplan outline. Our experience suggests that the workplan needs to remain flexible throughout the project to address the City's needs and concerns. Phase I: Scope, Timeline and Project Definition 1.1 Orientation Sessions. The orientation sessions with departmental directors and division managers representing Utilities will be scheduled as soon as possible after the notice to proceed has been issued. 1.2 Preliminary Information Collection. Information such as prior studies, workflow diagrams, organization charts and Council Resolutions will be obtained and studied in designing the detailed workplan. 1.3 Scope and Timeline Development. Detailed project scope and timeline will be developed based upon the results of the activities described above. This activity will include the identification of the evaluation criteria to be used to evaluate organizational structure, workload, processes, technology and staffing. Phase 2: Research Current Process Capabilities at~d Service Needs The following processes will focus on the Water, Wastewater and Stormwater Utilities but may also include the interactions with various departments. Process improvement effort will not be directed to all of the department's activities. The specific processes that we expect to be targeted for review in this study include the following: MILLER & MILLER CONSULTING SERVICES, P.S. 2 City of Bremerton, Scope of Utilities Department Review · Work order processing and consistency of work scheduling, including routine and preventative maintenance. Coordination between water resources and maintenance and operations. · Grant management, project tracking, costing and cash flow forecasting. · CIP planning process and timing. · Utility billing. · Administrative support services within the department, software and programming development. · Overall organizational and cost structure. 2.1 Determine Organizational Objectives. Service level and resource utilization objectives will be defined so that process and organizational realignment will be designed to fully address these objectives. 2.2 Interview Appropriate Staff. Interviews of appropriate staff to determine the current process, workflow and potential recommendations will be conducted. 2.3 Document Current Workflow and Procedures. Prepare an information flow diagram to identify redundancies and downtime in the current processes. Historical workload statistics and future projections of workload changes will be briefly reviewed. The impact of the use of technology will be addressed at this stage. 2.4 Time Study. A time tracking study may be necessary to determine what activities consume the majority of staff time. These inputs will be compared to the outputs or outcomes and, if applicable, compared to benchmarks of similar efficiency measures from other organizations. 2.5 Analyze Risks and Procedures in Relation to Objectives. This analysis compares the existing procedures to the stated objectives to determine the risks that current processes do not meet these objectives. 2.6 Identify Recommendation Targets. Based upon the results of the activities described above the inefficient or ineffective activities are targeted for recommended revision or elimination. Phase 3: Develop Recommendations 3.1 Develop Process Alternatives. There is often more than one way to address areas where objectives are not currently being met. This project activity accumulates various alternatives and combines them in comprehensive change scenarios. The groupings of alternatives are then presented in a comparative analysis, listing the pros and cons of each, to facilitate the decision making process. 3.2 Analysis of the Alternatives, Impact on Organizational Alignment. The groupings are analyzed to determine the organizational alignment required to effectively implement the recommendations. MILLER & MILLER CONSULTING SERVICES, P.S. 3 City of Bremerton, Scope of Utilities Department Review Feasibility of changes in the context of the City's culture and abilities is considered. 3.3 Focus Groups, Obtain City Feedback on Alternatives. This project activity is designed to expose unintended consequences of the proposed recommendations. 3.4 Final Recommendation for the Preferred Alternatives. The results of the activities described above are used to develop the preferred alternative. Phase 4: Reporting The following are the steps in the report issuance process. Many of the sections such as findings and recommendations will have already been prepared from the project activities listed above. 4.1 Finalize Findings and Conclusions. The implementation plan is developed with City staff during this phase. 4.2 Draft Report. Copies of the draft report are provided to the City for review and approval. 4.3 City Meeting to Review. A meeting is proposed to review the draft report and obtain any requested revisions. 4.4 Finalize Report Including City Modifications. Modify the report to incorporate City revision. 4.5 Publish Reports. Sign and publish final reports. Miller & Miller, P. S. is owned by its two shareholders and uses subcontractors when the needs arise. This structure provides the highest level of flexibility. Decisions regarding resource allocation is made by our shareholders. We have established a reputation for delivering substantial work effort in very short time frames. Because we use only experienced professionals to provide our services, work product is delivered very quickly. Since our owners perform all of our services, work product is not delayed by the pyramid structure of review and supervision as is common with much larger firms. The chart on the following page presents the proposed time schedule and the related costs for each task in the workplan. MILLER & MILLER CONSULTING SERVICES, P.S. 4 City of Bremerton, Scope of Utilities Department Review 1.2 [Pretininarylnforfr~onCollection ' -- I -- ]Oi- 11650 1.3 '-~(~l:)e and ~qmeline Devetqormnt ~ 5~ --' 825 -- ]q~ase z: ~esearch Current Process Capabiiities and,I i Service Needs i 7/2/011 7/31/01i 2.2 Inte~iewstaff, Job Task Analysis _/ 40 6,600 2.3- Bo~rTErt Current Workflow and Prooedu'es I ! I 25* 4,125, 2_31 ~Jlci~Sn-cai Workload Statistics, Future Projections T ,F- ~8[ -1,~-~ 2.32 !Techr~ Irrpads i i 8i 1,320 2.4 Ti me Tracking i ' ' 2.5 Analyze Risks and Prcx:edLres in Relation to Objectives ': ' ~8~' =I;320 276- . Indentify I~!!c~:l~n-enda~on Targets ,, - , Phase 3: Dev~op Reooiiii-~f~or~ ! 8/1/01 8/1~01 3.1 ! Dev~op Prooess Alterna~ves ! 1~ %650 - ~" Anal~s of the Alternatives, Impad on Organiz~onal ..... t I 3.2 iAlignrnent ] 10{ 1,650 3.3~ .... -F°cus Group, City Feedback ~Altematives ~ I --' 12 ~1,980 3.4 Relinlnary Recon, endation for Preferred Alternatives / 10 1,650 I , REPO~i lNG 8/15/01 9/15/01~- .... ' ' 4.1 Finalize Findings and Condusions i , 10{ 1,650 ~:3 --](~J~'y JVJee(Jr'lg to Review 4 ~.5-~i-sh-FeP°ds_ , - J ..... The estimate of effort assumes a high degree of assistance from city personnel. In addition to the professional service time, there will be a minor amount of out of pocket costs incurred under this project. We propose to conduct this project for professional fees not to exceed $37,000 and out of pocket costs not to exceed $1,000. MILLER & MILLER CONSULTING SERVICES, P.S. 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: Ju,ly 25~ 2001 Resolution # 9~ ~ ~..~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. securing the building on the property located at 1320 ORIGINATOR: Al Duke N. Callow Avenue. DATE SUBMITTED: 2. CLEARANCEfl~ (Comm/e~t ~a back if 3. EXHIBITS: ,.eccssary) / ,1 I VI f Fire Chief: ~d~,,,-~~ 1. Resolution # ~,8 0,5 City Clerk: ~~~ 2. Clerk Report ~~-'~-/~~~-~ 3. Photos ENDORSEMENT X' INFORMATION __ APPROVED BY COUNCIL PRESIDE~R SUBMITTAL: COUNCIL PRESIDENT /~.~./ //~..~, On May 7, 2001, Public Works secured the building located at 1320 N. Callow Avenue after the owner, Scott Wilcox, failed to do so as ordered. Water service had been disconnected to the building by Bremerton Municipal Utilities, and the house was occupied by vagrants. The cost of this action, including administrative fees, totaled $1,466.67. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ,2 ~ ,2fi , order that the fees incurred for securing the building located at 1320 N. Callow Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED DISAPPROVED AMENDED ~ ~ COUNCIL DIRECTIVE: DATE: II 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES. The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A /3 RESOLUTION A RESOLUTION reviewing charges for securing the building located on the property at 1320 N. Callow Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the building on the property located at 1320 N. Callow Avenue; and WHEREAS, the Uniform Code for the Abatemem of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WltEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WltEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1320 N. Callow Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,466.67 for the property located at 1320 N. Callow Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 June 12,2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, BDS II .~ ~ Re: 1320 N. Callow On May 7, 2001, Public Works secured the house at 1320 N. Callow Avenue after the owner, Scott Wilcox, failed to do so as ordered. Water service to the building had been disconnected, and the house was occupied by vagrants. The costs incurred for this work, per the attached interfund transfer and including administrative fees, totaled $1,466.67. I have scheduled a public heating for July 25, 2001 for Council to determine how the fees should be collected. · L~iT.=..~ ~ u ~ L~ ,' INTERFUND TRANSFER !! ~. :' t~j..jl JUN Il 2001 CITY DEPARTMENTS ONLY DATE 06/06/2001 / L TRANSFER# 10~ COMPLETE THIS FORM. IN DUPLICATE AND RETURN TO ACC~Ep,~I,i~f:i~. -- 5_ -~,.J Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITU1LE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: May 2001 BLAB LABOR $2,792.69 EQUIPMENT $800.50 MATERIALS $1,044.48 SALES TAX $0.00 TOTAL $4,637.67 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $4,637.67 ,~',D. ~-,/,a0 ~,~ ---%--~[1 Iq -- 000~ ~0 ~. ~ ~.~o~q-~/~-oo~ ti~. o ~&~. ~o$q- ~t~ -oO~O~ (Sign Here) ~ ~ (Sign Here) REVENUE ARTMENT SU EXPENDITURE DEPI~TMEN'[' SUPERVISO~ History 11.'25:11 AM CITY OF BREMERTON PWO-STREET DIVISION Order #: SD510028 Title: BLAB-1320 Callow - Board-up. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 05/03/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 06/06/2001 06:59:55 AM Lead Employee: 0524 Colen Corey Date Targeted: 07/06/2001 Priority: 1 Date Assigned: 05/03/2001 Location ID: 1 UnsPecified Location Date Started: 05/07/1901 History#: 1 Unspecified Equipment Date Finished: 05/30/1901 Work Description Board Up Structure Monday May 7 Check with Janet L before commencing work. ,amnN~ ~4o~4~s0 BLAB - 1320 Callow, board up. $11205 No BLAB 0909 Brian Brewer 5.00 hr $165.00 0524 Colen Corey 3.00 hr $99.00 3013 '92 GMC 1-TON P/U 1.00 hr $9.00 0583 Mark A. Thompson 5.00 hr $165.00 3078 '95 1-TON CHEVY 5.00 hr $45.00 212885 Kitsap Lumber- 4x80SB 7/16" 1.00 in $81.67 e~oaoo~ ~o~n2so BLAB-1320 C~llow - Re-Boardup. 511335 No BLAB 1712 John Corey IV .50 hr $16.50 3025 '93 GMC I-TON DUMP .50 hr $4.00 0583 Mark A. Thompson .50 hr $16.50 14.00 hr 0.00 hr $601.67 SU1VIMARY FOR WORKORDER: SD$10028 Labor: $462.00 Total Regular Labor Hours: 14.00 Benefits: $0.00 Total Overtime Labor HourS: 0.00 Equipment: $58.00 Total Labor Hours: 14.00 Materials: $ 81.67 Sales Tax: $0.00 Total Regular Equipment Hours: 6.50 Total Overtime Equipment Hours: 0.00 Total: $601.67 Total Equipment Hours: 6.50 i7 SD510028 Page AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: July 25~ 2001 Resolution # ~ 6 3,(~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. securing the garage located on the property located at ORIGINATOR: Al Duke 2229 Winfield Avenue. DATE SUBMITTED: 2. CLEARANCE~ (Comme~d~on~back if 3. EXHIBITS: .ecessary / I \ Fire Chief: ~ 1. ResoLution # C i~ Clerk: ~~ 2. C lerkRepo~  3. Photos E~ '~O~TION ~PRO~D BY CO~CIL P~S~E~OR S~TT~: AVOa ( 4. SUMMARY STATEMENT AND REQUIREMENT F IL ACTION: On May 22, 2001, Public Wor~ secured the garage located on the prope~ at 2229 Winfield Avenue after the owner of record, Richard Lee Setten, failed to do so as ordered. The garage had been used for the manufacture of methamphetamine and was a hazard to the public. The costs incurred for this work, including administrative fees, totaled ~ Council must now decide if the fees are just and reasonable and how they should be collected. ~ ~0~3.~ ~COMMENDATION: I mow that Council, by Resolution g ~ ~ , order that the fees incurred for securing the gauge on the prope~ located at 2229 Winfield Avenue be collected as ~asonable abatement costs and become a lien against the prope~. 9. ~SPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: Al Duke EXPIATION DATE: N/A ~EW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED ll COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for securing the garage on the property at 2229 Winfield Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the garage on the property located at 2229 Winfield Avenue; and WltEREAS, the Uniform Code for the Abatemem of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WItEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2229 Winfield Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatemem charges included in the report of the Building Official in the amount of $1,032.55 for the property located at 2229 Winfield Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 June 12, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Luncef0rd, BDS II Re: 2229 Winfield Avenue On May 22, 2001, Public Works secured the garage located at 2229 Winfield Avenue after the building was determined to have been used for methamphetamine manufacture. The cost of the work, per the attached interfund transfer and including administrative fees, totaled $1,032.55. I have scheduled a public hearing for July 25, 2001 for Council to decide if the fees are just and reasonable, and how they should be collected. INTERFUND TRANSFER ~i?~ ? ~: ~ ii:~ Fife Dep~cnt (Fund 108) TO PWO-S~ET D~SION FROM Abatcmcn~emolifions ~~ DEPAR~N~ (E~E~I~ DEP~NT) , DESCRIPTION TOTAL Charges per attached summaxy for: May 2001 BLAB LABOR $2,792.69 EQUIPMENT $800.50 MATERIALS $1,044.48 SALES TAX $0.00 TOTAL $4,637.67 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $4,637.67 ~.'~),."--~,/,or.3/,¢,q - 5-~--"{ 1 19 -- 000~'7 (,-~0 I. (.,, 7 .~,,~.cnt. ~0~Nt--..~/t~-000 c'l ~ ~.~ ~.~ (Sign Here) (Sign Here)REVENUE ~ ARTMENT SU F~E'RV,ou~R...__ EXPENDITURES" DEP~I~TMENI"-- J'SUPERVISO~- '; ler History ] 1:25:12 AM CITY OF BREMERTON PWO-STREET DIVISION : #: SDS 10032 Title: BLAB 2229 Winfield Board-up Status: S Labor Hours Estimate: 0 iect #: N4014280 Ancillary Operations Materials Estimate: $0 BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Type: AO ANCILLARY OPERATIONS Date Entered: 05/17/2001 12:00:00 AM 'Supervisor: 0524 Colen Corey Date Updated: 06/06/2001 06:59:55 AM 0524 Colen Corey Date Targeted: 07/06/2001 ~ i Priority: 1 Date Assigned: 05/17/2001  ~ii Location ID: 1 Unspecified Location Date Started: 05/22/1901 History#: 1 Unspecified Equipment Date Fiuished: 05/22/1901 Work Description Board -up s~ucture at 2229 Winfield wear protective (ty-vek disposal coveralls) disposal gear meth-lab. Use all screws no nails! ~nano~ ~o~so BLAB 2229 Winfield Board-up 511297 No BLAB 0909 Brian Brewer 1.00 hr $33.00 0524 Colen Corey 1.00 hr $33.00 1712 John Corey IV 1.00 hr $33.00 0583 Mark A. Thompson 1.00 hr $33.00 1.00 hr $9.85 2279 Oliver Purjue t CDX Kitsap Lumber-4'xS'xl/2" CDX & nails 2.00 ea $25.70 5.00 hr 0.00 hr $167.55 SUMMARY FOR WORKORDER: SD510032 Labor: $141.85 Total Regular Labor Hours: 5.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $0.00 Total Labor Hours: 5.00 Materials: $25.70 Total Regular Equipment Hours: 0.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $167.55 Total Equipment Hours: 0.00 SD510032 Page AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: Ju.ly 25~ 2001 Resolution # ~ ~ ~7 , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. securing the house and garage on the property located ORIGINATOR: Al Duke at 1935 N. Callow Avenue. DATE SUBMITTED: 2. CLEARANC~E0: (Com~4~e~}t on back if 3. EXHIBITS: / i I Fire Chief: I 3., ±_~,~' 1. Resolution # ~. ~-7 City Clerk: ~ qM~_~ 2 Clerk Report /~-- ~~:,~~~ 3: Photos ENDORSEMEN~ ~YI~ORMA, ~ON- APPROVED BY COUNCIL PRESIDeNT'OR SUB--AL: MAYOR~-~ ~.~L COUNCIL PRESIDENT ,// ...... ~-"7.-~_ ~~._~_~-"-- On May 22, 2001, Public Worl~ secured the house and g~'/'age on the property located at 1935 N. Callow Avenue after the owner, Lois Ross, failed to do so as ordered. The property has been used for the manufacture of methamphetmines and is hazardous to the public. The cost of the work, iucluding administrative fees, totaled $t7~'3':~. Council must now decide if the fees are just and reasonable, and how they should be collected. ~ 17 03, ~3 RECOMMENDATION: I move that Council, by Resolution # ~'7 , order that the fees incurred for securing the house and garage located at 1935 N. Callow Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION COUNcILPULLED ~DiRECTivE:TABLED APPROVED DISAPPROVEDDATE :AMENDED ~ 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION # ,~ ~) ~'~ A RESOLUTION reviewing charges for securing the house and garage on the property at 1935 N. Callow Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the house and garage on the property located at 1935 N. Callow; and WltEREAS, the Uniform Code for the Abatemem of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WltEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1935 N. Callow Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,783.93 for the property located at 1935 N. Callow Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DE~'ARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 June 12, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, BDS II -/ff-~ Re: 1935 N. Callow Avenue On May 22, 2001, Public Works secured the house and garage located at 1935 N. Callow Avenue after the owner, Lois Ross, failed to do so as ordered. The property has been used for the manufacture of methamphetamine and is hazardous to the public. The cost incurred for the action, per the attached interfund transfer and including administrative fees, totaled $1,783.93. I have scheduled a public hearing for July 25, 2001 for Council to decide how to collect the fees. INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE oa/o6/2oo~ I ]-- TRANSF_ER# 10,1,44 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: May 2001 BLAB LABOR $2,792.69 EQUIPMENT $800.50 MATERIALS $1,044.48 SALES TAX $0.00 TOTAL $4,637.67 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $4,637.67 ~--,~,/,~t3 G'W ---%--~[1 Iq - O00C~'~ ~0 I. G ~ Ch (Sign Here) ,~ _. ~ . (Sign.ere) 'RVI'~R '28 ",. ', ; REVENUE ARTMENT SU EXPENDITURE DEP, eTMEN . SUPERVISOR Order History 11.'25:12 AM CITY OF BKEMERTON PWO-STREET DMSION t Order #: SD510031 Title: BLAB Board Up 1935 Callow Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillar~ Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 05/17/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 06/06/2001 06:59:55 AM Lead Employee: 0524 Colen Corey Date Targeted: 07/06/2001 Priority: 1 Date Assigned: 05/17/2001 Location ID: 1 Unspecified Location Date Started: 05/22/1901 History#: 1 Unspecified Equipment Date Finished: 05/22/1901 Work Description Board up structure at 1935 N. Callow meth-lab wear prot- ective gear ( ty-vek disposal coveralls) and dispose of after job complete, Chris Morner has coveralls. es~znoo~ N4omso BLAB Board Up 1935 Callow (Meth lab). 511294 No BLAB 0909 Brian Brewer 5.00 hr $165.00 0524 Colen Corey ' 3.00 hr $99.00 3013 '92 GMC loTON P/U 3.00 hr $27.00 1712 John Corey IV 5.00 hr $165.00 0051 Scott Corey 1.00 hr $33.00 0583 Mark A. Thompson 5.00 hr $165.00 3078 '95 1-TON CHEVY 1.00 hr $9.00 2279 Oliver Pmjue 2.50 hr $24.63 CDX Kitsap Lumber-4'x8'xl/2" CDX & nails 18.00 ca $231.30 21.50 hr 0.00 hr $918.93 SUMMARY FOR WORKORDER: SD510031 Labor: $651.63 Total Regular Labor Hours: 21.50 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $36.00 Total Labor Hours: 21.50 Materials: $231.30 Total Regular Equipment Hours: 4.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $918.93 Total Equipment Hours: 4.00 SD510031 Page 1 87/23/2881 87:85 3688713817 DONN BUGBSS PAGE 81 bONN HU~HE.~ 6685 B~ch brivz Port Orchard, WA. 98366 Voice: (360) 87[-65~[ d?h~hes0Z~ho~e.com Facsimile: (360) ~A~~ON Facsimile: (360) 478-5200 ~?~: ~uly 23, 2001 To: C~fy ClePk Ci~ of [93~ C~llow Public H~in9 Notice ~uly 25, 2~[ Pro?~? & Object,on ~erc is e Public H~rin9 scheduled for 5:30, ~uly 25~, r~erding e r~u~t to f~lc e li~ agomst eddr~s shown ebove, in the emount of $L783.93, for securing ~11 op~ings fo preyer entry ~fter methemphetemine bust. Z would like 1o ~orm~lly lodge ~ profit ~inst ~nd ~n objection 1o ~his intuitable and ~rb~tc~ry ~ctmn. ~ere ~re severet lectors that should be t~k~ into considerotion prior fo submitting us to liability for ~n ection of which we were no [. : Contorted ~one/Lunccford re~rding the requirement~ for boarding up the house : reformed her that [ wo,td meke ~ra~ements to h~w it done. [ h~d ~ c~rp~/cr go out ~d he boerded up the windows ~d doo~s. :? opp~s thor ~onet Lunce~ord ~de ~ visit to the house ~fte~words end either the house ~d not be~ b~rded up properly or there hod been ~ br~k in. at this time, she ~rbitr~rily ordered the ci~ personnel to b~rd up the house without contacting us cith~ r~u~ ~dditio~l work be done o~ re, irs m~de or ~o inform us that she ~s goi~ 1o h~ve ~f done, We were never notified. ~ visited the house several d~ Ioter ~nd thought thoT th~ boards pl~csd on the outside were don~ by carp~tcr Z ~ked to take care of it. Additio~lly, until we received the ~otice of Public H~ring we w~e not aware of the c~ty taking a~ action or of ~ny cost incurred by the ci~. No accounting of this cost was provided untd ~ requited it today. ~ie action is com~rable to me going to a city ~ouncil members home, wh~ they are not there, ~nd cutti~ the gr~s then waiting two months and filing ~ t[~ against the member's house Upon revi~ of the line item costs, ~t is ~cessive. ~e labor shown of 6 m~ taking ~15 hours to p~ck up ~terial ~d install Jt on 8 to 1Z opening Js entireJy too much, [ could have one of my carp~ters. prevailing wage rate, install all of this m 3 hours m~imum for a total cost of Also, no d~um~tetion w~ provided supporting the materiel co~t of 07/23/2001 07:05 3608713817 DONN HUGHES PAGE 02 1935 Callow Public Hextring Notice ,Tuly ~§, 200! Protest & Objection The Notice and Order to Abate Unsafe Conditions, that was posted on the house states "The mimmum charge for work performed by or on behalf of the city is $86§.00." The amount being charged is over the minimum noted but ~[ noticed in the accounting received, from ,Tanet Lunceford, that there is un additional charge of $865.00 added to the cost of boarding the house up. 5he stated that this was for administrative costs but the posted Notice did not state that the city could "add an additional mm~mum charge of $865 to any costs to the city." No support documentation was provided for this "minimum" cost for Administrative expenses. The.~e actions taken without any correspondence or notification (other than the original posting) present the appearance that we were the criminals involved and have, ~ feel, occurred without regard far our innocence and ~aivety to today's drug world. We have become embroiled in situation that city personnel may be involved with daily but there has been very little compassion or understanding of our first time involvement, The aggressive tactics token are offensive and tend to place us on the defensive when all we want to do is clean up the mess ~nd carry on, We intend to pursue a fair and equitable resolution to this issue. Sincerely, Dorm Hughes c: Dave Taylor, PS AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq & Resolution to consider FOR AGENDA OF: July 25, 2001 an Application to Amend a Special Use Permit for Emmanuel DEPT. OF ORIGIN: P&B - Land Use Apostolic Church to increase the previously approved childcare ORIGINATOR: Chris Hugo, Director capacity from 41 to 56 children and revise the approved site plan DATE SUBMITTED: July, 18 2001 to reflect the relocation of the daycare's outside play area. 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: P&B Director: ~/[/"~(~ o PC Resolution #2001-02 City Attorney.'. ~ ~ // o PC Minutes June 19, 2001 City Clerk: ~ ~ ~'/ o Staff Report Fiscal & Budget ~ouncil~Comm.: .,,,~? ~ ,,,~;.~"' o Council Resolution Operabons Comm.: ~.i-~..Z.-~.~-" ,'~ ~.~--~.~;~..7 o Written comments ENDORSEMENT INFORMATION APPROVED BY COUNCIL...~RESIDENT FOR SUBMITTAL: MAYOR _J ,~z~. COUNCIL PRESIDENT, 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Emmanuel Apostolic Church is desirous of receiving an amendment to their existing Special Use Permit (SUP98-0017), previously approved by Council Resolution #2689, for the operation of a day care center at 1023 6~h Street, with a capacity of 41 children, and a site plan depicting parking and an outside play area. The Planning Commission has reviewed this proposal, conducted a public hearing and adopted PC Resolution No. 2001-02, at their June 19, 2001 meeting, which recommended City Council approval, without conditions. The Council must conduct a public hearing prior to its final decision and action on the proposed Council Resolution. 5. RECOMMENDATION: Move to pass the attached Council Resolution # ~ RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED~ TABLED~ APPROVED DISAPPROVED AME"~D'E~).~___ ! COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: ~0 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the special use permit amendment is denied, the community will lose the additional capacity for child day care services in an area with high public demand and virtually no unused capacity. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits BREMERTON CITY COUNCIL RESOLUTION NO. #2828 A CITY COUNCIL RESOLUTION ~ THE EMMANUEL APOSTOLIC CHURCH APPLICATION (PL01-0030) FOR AMENDMENT OF SPECIAL USE PERMIT (SUP98- 0017) WHEREAS, Emmanuel Apostolic Church has presented an application to amend Special Use Permit #.SUP98-0017, previously approved for a day care center at 1023 6th Street, to increase the daycare capacity from Forty-one (41) children to Fifty-six (56) children, and, relocate the previously approved site plan location of the outside play area to a new location. WHEREAS, the Bremerton Planning Commission conducted a public meeting on June 19, 2001 during which it received oral and written comments pertaining to the subject application; and WHEREAS, the Bremerton Planning Commission following the public hearing on June 19, 2001, voted unanimously to recommend that the application to amend Special Use Permit (SUP98-0017) presented by the Emmanuel Apostolic Church, be forwarded to the City Council for consideration; and WHEREAS, the City Council conducted a public hearing on July 25, 2001, during which it received oral and written comments pertaining to the Special Use Permit Amendment application (PL01- 0030); now therefore BE IT RESOLVED that the City Council concurs with the Bremerton Planning Commission's findings in support of the Special Use Permit Amendment request (SUP01-0038) and affirms that the proposed use does meet the necessary tests and criteria required for approval of a Special Use Permit; BE IT FURTHER RESOLVED, that the Bremerton City Council does hereby approve the amendment application SUP01-0038. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW City Council President APPROVED this __ day of 2000. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY City Clerk Bremerton Planning Commission 286 4th Street Bremerton, WA 98337 RE: Emmanuel Apostolic Church's Amendment to the Special Use Permit Dear Planning Commission Members: Thank you for supporting our endeavor to provide quality childcare services to this community by approving our request to amend our special use permit. I am writing to address comments made at the commission meeting on Tuesday, June 19,200!. In particular, the statement made by Mr. Kosusko that he was very disappointed with Emmanuel for apparently attempting to circumvent the administrative process and attempting to move our playground site outside of that process. First, I sincerely apologize that mistakes that I made resulted in giving the appearance that we were trying to relocate our playground without the necessary approval of the planning department. However, Mr. Kosusko's statement was far too broad in that he said that he was disappointed by "Emmanuel Apostolic Church". As the administrator of the church the pastor delegated to me the responsibility of getting the childcare center operational. I am solely responsible for any mistakes that were made in that process, and it is inaccurate and unfair to impugn the entire church for my actions. On September 12, 2000, I wrote to Clyde Strickland regarding amending our special use permit from 41 to 56 children (see attachment). I did not mention the playground site because I did not know we needed approval for that as well. On September 27th I had the playground fence installed. The following month, while discussing our plans with Bill Palmer in person at the planning department, I learned we had to get permission to move our playground site. On October 16, 2000, I wrote to Mr. Palmer enclosing our revised site plan (see attachment). It was not until mid-May of this year when I had a person-to-person meeting with Chris Hugo and Lee Wyatt that I was informed I had to complete a form to amend the special use permit. They provided me with the form and I completed it and returned it to them quickly. In that same meeting Mr. Hugo profusely apologized for the planning department's shortcomings in handling our request. He specifically mentioned that Bill Palmer should have informed us of the proper process to amend our playground site (since my October 16th letter was not sufficient), and that he should have given us the form needed to file for an amended special use permit. Mr. Hugo also stated that Clyde Strickland errored in stating in December that he was going to approve our request when in fact it required a quasi-judicial proceeding. Bremerton Planning Commission June 21,2001 Page 2 of 2 At no point in time did we use our playground. So while it may appear to some of the planning commissioners that we attempted to obtain a benefit outside the proper administrative channels the evidence proves otherwise. I made some procedural mistakes, but we never once attempted to use the playground without the planning commission's decision on the relocation of the playground. I am not going to go into detail regarding Mr. Kerr's allegations. The most significant and telling statement contained in his letter to the planning commission was the two separate references he makes to our conversation occurring "while [he] was trying to do some work around the house". He quantifies the circumstances under which we talked because he knows he did not listen to the conversation. At no point did I even come close to misleading him in regard to our objective with the playground. He is attempting to hold me accountable for his inattention during our conversation. Finally, I am sure that the planning commission must have been frustrated that we did not come on time to the initial headng. That again, was my fault. I failed to notify the pastor, childcare director, and other interested parties that the meeting was scheduled. I almost forgot it myself, and therefore arrived late. Lee Wyatt informed me that the commission postponed that hearing because the planning department failed to provide the commission with the pertinent materials on time. I truly thank God for that having occurred since I had failed to notify everyone on my end of the hearing date, time and place. In closing I again apologize for my errors and for the opinions that some of you formed based upon those mistakes. In addition, to the problems caused by my negligence, the planning commission needs to be aware that until May of this year, the planning department failed in its duty to process this request in an expeditious, accurate and procedurally correct manner. Mr. Kosusko did not allocate any disappointment toward that department, but he should have been equally dissatisfied with the way they handled this matter. Our primary function, and our sole agenda, is to serve God and this community. All of our programs are planned as avenues in assisting us to fulfill that calling. We were glad and grateful to have the amendment to our special use permit approved by the planning commission, but not at the cost of having our integrity in question. Thank you for your consideration in this matter. We pray for God's blessing, prosperity and provision over you and your families as you continue to serve this community. Respectfully yours, MattheW'P. Moreno Administrator cc: Bremerton City Council Mayor Lynn Horton Chris Hugo Lee Wyatt September 12, 2000 Clyde Strick!in Interim Director of P!anning Bremert0n Department of Communi:y Development 286 4~h Street Bremerton, WA 9§337 RE: Embassy Education Center Dem' Mr. Sticklin: This letter follows my phone conversation with Valerie Wolf. I provided Ms. Wolfwkh a form that Carey Lewis, Child Care Center Licensor with DSHS, asked me to have her 'complete andsign (see enclosed copy). The form indicated that our application requested licensing for 20 children. Because our application has been amended to request licensing~for 56 children, Mr..Lewis told me to change the "20" to "56". This new number of 56 children is based upon our daycare's total capacity being determined by Fred Wageman with the. Washington State Department of Health (see enclosed report of Mr. Wagbman). Since our site has a total capacity of 56 children we would like to be approved for that amount. Ms. ~Wolf noted that the Special Use Permit stated that our application indicated'. that we intended to "... opera'te a day care center fo~ 41 children..." (see ,?....'~nClosur~). However, since the State placed our total cap~.city at 56 children we would like to pursue licensing for that number. Ms. Wolf suggested that I write to you because she was not certain if we had sUfficien~ par'king for the, 56 children. Accordingly, ~ am bringing the following to your attention: >' The Findings of Fact and Conclusions of Law and Decision by the Bremerton Planning Commission state on page one under the camion Property & Development: Lawrence R. Robertson, Sr. Pastor Assistanl Pastors Executive Board Timothy W~ Thomas L.R. Robertson, Chair Charles Floyd, Sr. Floyd Ussin Darrell Fields Claude Jones Stephen Harris 35' Page 2 of 3 Clyde Stricklin ...the site contains an existing two story, church building and paved parking lot for 12 vehicles. Lots adjacent to west of the property contain t.hree single story, existing houses with additional accessory parking... > Under the caption Criteria for Approval, subsection 2, the Decision stat~s, The zoning ordinance requires one space [parking] for every five children, which would require 8 for the proposal. > Note, all other criteria itemized in the Decision are in no way affected, chan altered by the total capacity being 56. children instead of the 4I we initiiflly requested. Since we have niore than sufficient parking.for 56 'children, Board of Commissioners w0(~!d have approved 56 children. We re'rive conclusion by following the reasoni'ng stated in the Board's Decision. As noted in the Decision, 8 parsvng spaces was sufficient for 41 children.' P~ Decision's parking requirements (1 space for every 5 children) for 56 chil( need 15 parking'spaces.' Our facility bas almost triple that amount (we paved parking which we created in a vacant lot we purchased). As a consequence of the above, we are respectfully requesting that you do amend- the DSHS form from "20 children" to read, "up to 56 children". Considering the law and reasoning of the Board's Decision, and the fact tha¥'DSHS placed our total capacity at 56, we believe this to be equitable and appropriate. Finally, Resolution #98-08 passed by the Bremerton Planning Commission (copY. attached) does not limit the Special Use Permit to a specific number of children; rather, it states: 1. The proposed use in [sic] needed in the community to provide da5, care services in this area, and is in the ~ubiic' interest. 2. The proposed use does meet the necessary tests and criteria required for approval ~f a Special use [sic] Pernfit. No where in the Reso!utien does the Commission limit the day care to any specific number of children - it only requires that the day care "meet the necessary tests and criteria". September 12, 2000 Page 3 o. o Clyde S~ricklin In closing I want to point out that should You agree to state on the form iihat the zoning department authorizes our day care for 56 children, we must still be approved for that amount by the Child Care Center Licensor at DSHS. In otherworas,~ ' the information you provide on this form only indicates that the zoning department o'fthe City ef Bremerton is consenting to allow our daycare' to serve 56 children. Please call me at 360-476-.3674, ext. 22 if you would like to discuss thisi'matter; and thank you for considering our request. IfI am out of the office when you c~ll, you may reach me on my text pager by calling 1-800-800-8596. Sincerely, Matt ~oreno Administrator cc: Mayor Lynn Horton Carey Lewis, DSHS Fred Wageman, DSHS Joan Dingfie!d 3V EMBASSY EDUCATIONAL CENTER :1.023 6th Street Bremerton, WA 98337. (360) 479-3674 ext, 22 Department of Community Development City of Bremerton 286 4th Street Bremerton; WA 98337 RE: Embassy Educational Center Dear Mr. Palmer: Pursuant to your request, I have attached a revised copy of our site plan which shows the new play area for the daycare. The play area was moved to accommodate the size required by the daycare-licensing departmen, t. It is a beautiful grassy area with an extremely nice fence. You are very welcome to come and visit the site. Please call me at 479-3674 ext. 22, or page me at 1-800-800-8596 :if you have any questions or comments regarding this matter. Thank you for your courtesy and cooperation. Sincerely, Matt Moreno Enclosure: Site Plan 6 TH STREET OCT 3 0 1998 BREMERTON BUILDING OEPARYMENT P~Y ~ · FOR DAY~E EXISTING HOUSE EXISTING HOUS[ ~ISBNG HOUSE ~ lU I ........ ' ~: " A1 1 ENBA..S?¢ EDUCATIONAL CENTER. MAR 2 ? ~.001 1023 6TM Street Bremerton, WA 98337 BREMERTON (360) 479-3674 ext:. 22 BUILDING DEPARTMENT March 26, 200! ,.hr,s Hugo: and Lee Wyatt Deoartment of Community Development City of Bremertcn 286 4th Street Bremerton, WA 98337 RE: Embassy Educational Center, 1023 6tn Street, Bremerton; at the Embassy Center Dear Sirs: On September !2, 2000, we wrote to Clyde Strickl;n seeking to amend our Special Use Permit from caring for 41 children to caring for 56 children (cooy enclosed). On October 16, 2900, we provlded Bill Palmer with a copy of our revised site plan as .~er his recuest (copy enclosed). Mr, Palmer never asked for any additional information. On the evening of December 20. 2000, I saw Clyde Stricklin at City Hal! were he had appeared on another matter, in the hallway, I asked him when we would have our amended Special Use Permit. He informed me that he would be getting it out soon becat.,se it had not been sontested. ~ now understand that the neighbcrln~, property is contestin9 our request because of the site of our playground. OL'r request should be granted, and our playground site should be approved per the amended site plan, for the following reasons: Prior to paying for ~.n.=., fence to be instailed around the oerimeter of the playground depicted on :ne amended site p!an, Pastor Robertson and i spoke with Jeff Kerr ~.i:e owne~' of the property iocsted at 1107 Sixth Street (the property imme,:Jiately adiacent to our proposed p:ayground site). We also spoke with his daughter; she rents the ~roperty from Mr. Kerr. Jeff Kerr informed LiS that his o.qly concern about our playground was that the fence not be o!aced on his propehy. He asked that we place it about an Lee Wyatt March 26, 2001 Page 2 of 3 inch or so away from the proper-fy line into our property. He walked the area with us and our conversation took place for about 15 minutes. fact, Mr. Kerr stated how glad he was that we were fencing the area because it would stop foot traffic from the alley to the street. Mr. Kerr did not appeal in a timely manna,-. Since his tenant is his daughter, and because he is frequently on the property, he was, or at the very least, had every opportunity to be apprised of the mailing. Moreover, if his daughter did not think enough of the mai!in9 to share it with him it only serves to evidence that she is not concerned with the playground next door. Additionally, your department posted several notices where anyone could see them. Consequently, since Mr'. Ker¢ lodged his complaint after proper notice had been sent, and the appeal deadline had passed, he should be barred from having the complaint heard because he did not appeal in a timely manner. Any deviation from the deadline should only be granted when there is clear and compelling evidence that notice was not properly provided by the city. Mr. Kerr's standing is not equal to that of a resident; he does not live in the property, nor has he ever lived in ti~e property. While he does have rights as a property owner, the fact re,.~ains that he does not reside at the prope~y, and therefore cannot be distracted by the activity of the playground. The current resident oi' Mr. Kerr's house is not bound to the property because she is a renter. Moreover, she was aware cf the proposed playground site because it was discussed with her and it was she who gave us her father's phone number to call to discuss it with him. Furthermore, she received the notice sent by the city and she did not file an appeal. Any future tenant would see the playground prior to renting and would therefore not have s problem with the playground activities. And, although Mr. Kerr alleges that having a playground next door would make his property hard to rent, the fact is that if noise is an issue to a future tenant they will surely not rent that home because it is situated on 6th Street. As you know, 6th Street is extremely busy and very noisy. Further, the hours of operation of the playground are generally 9:00 a.m. to 5:00 p.m. when most people are at work. Again, if someone works evenings and needs quite during the day to sleep, Mr. Kerr's house is not s serious contender because of the street noise. Mr. Kerr stated that he believes that with a playground next door his property would be ,heed to se!l. 'The truth is that if he ever places his property on the market the church ~vould immediately offer to purchase the prope~y. Mr. Kerr stated that the noise from the playground would De disruptive. His daughter is not home during tr-~e day. The Child Care Center hours are going to be 6:00 a.m. to 7:00 o.m., but the playground hours will be Lee Wyatt March 26, 2001 Page 3 of 3 9:00 a.m. to 5:00 p.m. Moreover, only a small percentage of children at a time will be going to exercise in the playground. The number of children allowed on the piayCround at one time is limited by the s~ace of the playground and the teacher to child retie; these restrictions are set by the state's child care iicensing de~a~,'nent. The initial proposed site of the playground was very clcse to the current!y proposed site. Tine new location of the playground wiil not have a significant impact on the noise level there is only an approximate 30 foot difference between the two siteSr. Due to the above, we believe that o~!r request to move t. he playground as depicted in the amended site plan should be approved. It is very unfortunate and u~fair that Mr. Kerr hs, s oe,ectec to our p!~:yground site because he was informed by us of the proposal before ,,,,,e undertook ';:he expense of fencing the area. On Saturday, March 24, 2001, t saw Mr. Kerr in the yard of h!s rental property and I took the opportunity to discuss this matter with h!m. t asked him why he complained to the city after having alread,./approved the project directly with the pastor and me. He said that he did not understand that we were talking about a p!ayground. He also stated, ";'m not stupid, I just wasn't paying attention to what you were telling me." I do not believe that we should be placed in a position to defend an appeal ~rorn a man ,¢vho by his own admission did not pay attention to a conversation ir~voiving plans to improve the property adi~c6-r~t to his ar'..d who failed to file an appeal in a time;y manner after receiving proper notice by tt~e city planning department. We are in a time when IBremerton is experiencing growth and making some progress towards revitalizing the economy of our city. None of the other neighbors, people who actually live ne>¢. to us. have complained about the proposed child care center and playground, in fac.*, we have businesses anxiously awaiting our opening, Kitsap Credit Union and Bank of America to name just two. In light of the need of child care services in this area and the fact that no one who lives in the area has complained, our request should be granted. Please call me at 479-3674 ext. 22: or page me at 1-800-800-8596 if you h ave a,qy questions or comments regarding this matter. Respectfu!ly submitted, Matt Moreno Enclosures Interim Director of Planning ' Bremerton Department of Community Development MAR 7 2001 286 4th Street BREMERTON : Bremerton, WA 9833'7 · BUILDING DEPARTMENT RE: Embassy Education Center ~- ' Stm~:hn. Dear Mr. ' ' ' ' This letter follo~vs my phone conversation with Valerie Wolf. I provided Ms. Wolf with a form that Carey Lewis, Child Care Center Licensor with DSHS, asked me to have her complete and sign (see enclosed copy). The form indicated that our application requested licensing for 20 ch;.Idren. Because our application has been amended to request licensing for 56 children, Mr. Lewis told me to change tl~,e "20" to "56". This new number of 56 children is based upon our daycare's total capacity being deterrnined by Fred Wageman with *..he Washington,State Department cf Health (see enclosed report of Mr. Wageman). .. Since our site has a total capacity of 56 children we would like to be approved for that amount. Ms. Wolf noted that the Special Use Permit stated that our application indicated that we ~ntended to "... operate a day care center for 41 children..." (see enclosure). However, since the State placed our total capacity at 56 children we would like to pursue licensing for that number. Ms. Wolf suggested that I write to you because she was not certain if we had sufficient parking for the 56 children. Accordingly, 12 am bringing the following to your :..: attention: :. The Findings of Fact and Conclusions of Law and Decision by the Bremerton Planning Commission state on page one under the car~tion Property & Development: Lawrence R. Robertson, Sr. Pastor Assistanl Pastors Executive Board Timothy W. Thomas L.R. Robertson, Chair Charles Floyd, Sr. Floyd Ussin Darrell Fields Claude Jones Stephen Harris '. September 12, 2000 Page 2 of 3 Clyde Stricldin ...the site contains v.n existing two story, church Building and paved parking lot for 12 vehicles. Lots adjacent to west of the property contain t.hree single story., existing houses with additional accessory parking... > Under the caption Criteria for Approval, s,.:bsection 2, the Decision states, The zoning ordinance requires one space [parking] for every five children, which would require 8 for the proposal. > Note, all other criteria itemized in the Decision are in no way affected, changed or altered by the total capacity being 56 children instead of the 41 we initially requested. Since we have niore than sufficient parking for 56 children, clearly the Board of Commissioners xvo{~!d have approved 56 children. We arrive at this conclusion by following the reasoning stated in the Board's Decision. As noted in the Decision, 8 park}ng spaces was sufficient for 41 children. Per the Decision's parking requirements (1 space for every 5 children) for 56 children we would need 1{~ parkingspaces. Our facility has almost triple that amount (we have additional paved parking which we created in a vacant lot we purchased). As a consequence of the above, we are respect~l!y requesting that you do amend the DSHS form from "20 children" to read, "up to 56 children". Considering the law and reasoning of the Board's Decision, and the fact that DSHS placed our total capacity at 56, we believe this to be equitable and appropriate. Finally, Resolution #98-08 passed by the Bremerton Planning Commission (copy attached) does not limit the Special Use Permit to a specific number of children; rather, it states: 1. The proposed use in [sic] needed in the community to provide da3, care services in this area, and is in the public i aterest. 2. The proposed use does meet the necessary tests and criteria required for approval ora Special use [sic] Permit. No where in the Resok~tien does the Commission limit the day care to any specific number of children - it only requires that the day care "meet the necessary tests and criteria". September 12, 2000 ~a~e 30. o Clyde Strick!in In closing I want to point out that should you agree to state on the form that the zoning deparlment authorizes our day care for 56 children, we must still be approved for that amount by the Child Care Center Licensor at DSHS. In other words, the information you provide on this form only indicates that the zoning department of tb.e City of Bremerton is consenting to allow our dayctre to serve 56 children. Please call me at 360-476-.3674, ext. 22 if you would tike to discuss this matter; and thank yc.u for considering our request· Ifi am out of the office when you call, you may reach me on my text pager by calling 1-800-~00-859o. Sincerely, '7 Matt Moreno Administrator cc: Mayor Lynn Horton Carey Lewis, DSHS Fred Wageman, DSHS Joan Dingfie!d .. EMBASSY EDUCATIONAL CENTER 1023 6th Street Bremerton, WA 98337 (360) 479-3674 ext. 22 .. October 16, 2000 William M. Palmer Department of Community Development 286 4th Street Bremerton,. WA 98337 ~IAR 2 ? 21)§'1 RE: Embassy Educational Center 8REMERTON BUILDING DEPARTMENT Dear Mr. Palmer: Pursuant to your request, I have attached a revised copy of our site plan which shows the new play area for the daycare. The play area was moved to accommodate the size required by the daycare-licensing departmen, t. It is a beautiful grassy area with an extremely nice fence. You are very welcome to come and visit the site. Please call me at 479-3674 ext. 22, or page me at 1-800-800-8596 if you have any questions or comments regarding this matter. Thank you for your courtesy and cooperation. Sincerely, Matt Moreno Enclosure: Site Plan I-'LV · 4. NV-Id 3/IS NY"icl o '"" ""'" : ~OOJ. OO /.~ ~ .... .9-.t I .~-.IZ .9- .z ~ "'" ,0'0 ~ ~ ~ ~ ,0'0 [ [ ~ ~ l~mu~d~O 9NtOn~ns ' 7012 Dabob Lane, NW Silverdale, WA 98383 (360) 698-2416 May 28, 2001 City of Bremerton Department of Building and Planning 239 4th Street Bremerton, WA 98337 Re: Bremerton Planning Commission Hearing on June 5, 2001 Response to Special Use Permit Application By Emmanuel Apostolic Church (Location of Playground) To the Brem.erton Planning Commission: INTRODUCTION: The crux of the controversy before the commission is where the playground should be located on the applicant's property. It is important to note that the original application as submitted had the playground substantially removed from the edge of my property. I granted my consent to the original plan. Since the original plan the applicant has modified the location of the playground to within three feet of my property at 1109 6th Street. This re-location of the playground has been done without approval of the commission and without any change of request being submitted. This new plan greatly affects the use and enjoyment of this home, and it affects the value. It should be a clearly logical fact that a playground within three feet of a residential home will project loud and continuous noise to the dwelling thus interfering with the reasonable expectation of peaceful enjoyment of the home. What is significant is that the city of Bremerton and myself never approved this change in location for the playground. The applicant church group has grossly misrepresented what they allege to be my communications on the issue of the change of location, and they have falsely claimed that I approved the change of location (playground) to within three feet of my home. Given the nature of the organization seeking the new use permit I have to wonder about the ethical integrity of these individuals. It is perplexing that they have rested so much of their argument upon their own self-serving uncorroborated statements about what they allege I said when they discussed things with me during my attempts to work on my home. It is important to note that I received the "Embassy Educational Center" letter dated March 26, 2001 on May 25, 2001. Roughly two months after it was sent to the city. This letter by the applicant attempts to assert prima~ evidence in favor of their application, Opposition to the Amendment Page 2 of 3 yet they made no attempt to serve this document on me within a reasonable amount of time before the hearing. The delay in serving this letter has made it extremely difficult to oppose the information contained therein. Should the delay in serving this crucial evidence be a violation of notice requirements established by the rules and laws of the city of Bremerton, then, I hereby reserve my right to delay this hearing until a later date if the commission is inclined to grant the amendment. Should the commission find that the basis of the amendment does not support a granting of the request for moving the playground next to my home, then I waive the procedura! violation. SUBSTANTIVE ARGUMENTS OPPOSING THE "AMENDMENT": 1. The applicants have raised the spurious objection to my opposition on the basis that ! do not live in the home and therefore I have no "standing" to object to this application. It is a matter of elemental civil procedure that my right as a property owner adjacent to the applicant property is ABSOLUTELY sufficient to be a legitimate party to these proceedings. The fact that my daughter or another tenant of mine lives in the property does not defeat or affect my standing. 2. The original application had the playground located away from the property line of my home. The land immediately next to my home was desigmated as parking on the original application. The original plan had my consent and it was a logical plan that did not affect the use and enjoyment of my land. The original plan was an appropriate use of the land. 3. 1 raised a timely and legitimate opposition to the amending of the plan as soon as I learned of the amendment. I had met with Lee Wyatt at the property and discussed my objections. I also discussed my objections with Chris Hugo over the telephone. The church group never was straighttbrward and sincere about communicating with me on their new plans (i.e. moving the playground next to my house). They did not come out and say "we plan to move the playground next to your house". I had several casual conversations with them when I was attempting to do maintenance on my home. What is important is that their claim of my consent is false and untrue. It appears to me that this church group lacks the normal substantive legitimacy in their argument because they failed to sUbmit a proper amendment to the original application, so they have resorted to resting their case on oral uncorroborated testimony claiming I agreed when they spoke with me. I am perplexed by this underhanded tactic coming t¥om an organization that is supposed to have higher ethical standards. The application for the amendment is untimely and without proper notice requirements being followed, thus based on "due process" requirements that the commission must adhere to, the amendment should be denied and the original plan for the playground should be [,,ranted assuming the commission deems it appropriate. The application process is a simple one and a fair one. Clearly an q? Opposition to the Amendment Page 3 of 3 applicant must state their intentions in a written application so the interested parties can enter the deliberations in order to achieve a fair result. What we have here is an original application that was a reasonable plan followed by a NON- WR1TTEN request to alter the original plan so as to significantly affect an adjoining property owner, me. "Due Process" requirements established by the 14th Amendment of the U.S. Constitution strictly tbrbid the "bait and switch" tactic of the applicant. Had they submitted the change of the playground according to procedures there could have been a thir hearing on the issue. Their reliance upon my "so called" oral approval is dishonest and improper procedure. 5. The amendment has the logical implication of placing many pre-teen children within three feet of my home on a daily basis from early morning to the evening. There is no way that the continual noise of playing children can be dampened and it will obviously deprive anyone residing in the home of peaceful enjoyment during the daytime hours. ' SUMMARY: The crucial factual issue for the commission is whether my contention of interference is a reasonable one. I do not contend that I should have a home free from outside noise. I bought the house knowing full well there is traffic noise, which is minor, and there are other city noises that every city home dweller experiences and must expect. What we have here is a quantum leap in noise level that goes beyond the normal parameters of what a homeowner should have to endure. My home has been there tbr many years and the original neighborhood was a row of houses. The church came after the houses. I am certainly supportive of the church being able to conduct its affairs, but at what point should their rights overwhelm my rights and then prevent my use of the home. Their plan simply goes too far. The original plan allows for both parties to utilize their properties. The Corm~ission should not allow the playground to be moved because the applicant has not obeyed proper procedures in seeking the change. The logical implications of the change do in fact dramatically affect the use of my property. The original plan is a logical one that does not affect my use and does accomplish the goals of the applicant. Respectfully Submitted, jeffrey and Lorie Kerr'~ Opponents to Application Copy: Mr. Lee Wyatt Mr. Chris I tago s "· S£?lBgtjtO8 Clyde ,.tnc~hn Interim Director of Planning Bremerton Department of Communi:y Development ' BREMERTON 286 4th Street BUILDING DEPARTMENT Bremerton, WA 99337 i:~E: Embassy Education Center Dear Mr. Sticklin: This letter follows my phone conversation with Valerie Wolf. I provided Ms. Wolf with a form that Carey Lewis, Child Care Center Licensor with DSHS, asked me to have her complete and sign (see enclosed copy). The form indicated that our application requested licensing for 20 children. Because our application has been amended to request licensing for 56 children, Mr. Lewis told me to change the "20" to "56". This new number of 56 children is based upon our daycare's total capacity being determined by Fred Wageman with the Washington State Department of Health (see enclosed report of Mr. Wageman). Since our site has a total capacity of 56 children we would like to be approved tbr that amount. Ms. Wolf noted that the Special Use Permit stated that our application indicated that we intended to "... operate a day care center for 41 children..." (see enclosure). However, since the State placed our total capacity at 56 children we would like to pursue licensing for that number. Ms. Wolf suggested that I write to you because she was not certain if we had sufficient parking for the. 56 children. Accordingly, I am bringing the following to your attention: The Findings of Fact and Conclusions of Law and Decision by the Bremerton Planning Commission state on page one under the caption Property & Development: Lawrence R. Robertson, Sr. Pastor Assistant Pastors Executive Board Timothy W. Thomas L.R. Robertson, Chair Charles Floyd, Sr. Floyd Ussin Darrell Fields Claude Jones Stephen Harris September 12, 2000 Page 2 of 3 ClYde Stricklin ... the site contains an existing two story church building and paved parking lot for 12 vehicles. Lots adjacent to west of the property contain t,hree single stow existing houses with additional accessory parking... Under the caption Criteria for Approval, subsection 2, the Decision states, The zoning ordinance requires one space [parking] for ever5' five children, which would require 8 for the proposal. Note, all other criteria itemized in the Decision are in no way affected, changed or altered by the total capacity being 56 children instead of the 41 we initially requested. Since we have more than sufficient parking for 56 children, clearly the Board of Commissioners would have approved 56 children. We arrive at this conclusion by following the reasoning stated in the Board's Decision. As noted in the Decision, 8 parking spaces was sufficient for 41 children. Per the Decision's parking requirements (1 space for every 5 children) for 56 children we would need 1{} parking spaces. Our facility has almost triple that amount (we have additional paved parking which we created in a vacant lot we purchased). As a consequence of the above, we are respect~l!y requesting that you do amend the DSHS form fi-om "20 children" to read, "up to 56 children". Considering the law and reasoning of the Board's Decision, and 'i, he fact that DSHS placed our total capacity at 56, we believe this to be equitable and appropriate Finally, Resolution #98-08 passed by the Bremerton Planning Commission (copy attached) does not limit the Special Use Permit to a specific number of children; rather, it states: 1. The proposed use in [sic] needed in the community to provide day care services in this area, and is in the public interest. 2. The preposed use does meet the necessary tests and criteria required for approval of a Special use [sic] Permit. No where in the Resolution does the Commission limit the day care to any specific number of children - it only requires that the day care "meet the necessary tests and criteria". 59- September 12, 2000 Page 3 of 3 Clyde Strick!in In closing I want to point out that should you agree to state on the form that the zoning department authorizes our day care for 56 children, we must still be approved for that amount by the Child Care Center Licensor at DSHS. In other words, the information you prov:~de on this tbrm only indicates that the zoning department of the City of Bremerton is consenting to allow our dayc2re to serve 56 ch,.'!dren. Please call me at 360-476-3674, ext. 22 if you would like to discuss this matter; and thank you for considering our request. Ifi am om of the office when you call, you may reach me on my text pager by calling 1-800-800-8596. Sincerely, Matt Moreno Administrator cc: Mayor Lynn Horton Carey Lewis, DSHS Fred Wageman, DSHS Joan D:ngne,d 53 BREMERTON PLANNING COMMISSION RESOLUTION #2001 - 02 A PLANNING COMMISSION RESOLUTION RECOMMENDING APPROVAL OF THE EMMANUEL APOSTOLIC CHURCH APPLICATION FOR AMENDMENT OF SPECIAL USE PERMIT #SUP98-0017, DAY CARE CENTER. WHEREAS the Emmanuel Apostolic Church has presented an application to amend Special Use Permit #SUP98-0017, previously approved for a day care center at 1023 6th Street, to increase the daycare capacity from Forty-one (41) children to Fifty-six (56) children, and, relocate the previously approved site plan location of the outside play area to a new location. The Bremerton Planning Commission makes the following findings: WHEREAS, the Bremer[on Planning Commission, following the public hearing on June 19, 2001, voted unanimously to recommend that the amendment application to increase the capacity of the daycare facility and relocate the daycare outside play area be forwarded to the City Council for approval; now; THEREFORE, BE IT RESOLVED, that the Bremerton Planning Commission recommends approval, by the Bremerton City Council, of the amendment application presented by Emmanuel Apostolic Church subject to the following conditions of approval: PASSED by the Planning Commission of the City of Bremerton, this 19th dayof_J, uD¢~2001. Andy Kosusko Chair, Bremerton Planning Commission A'I-rEST: Christopher Hugo Planning Commission Secretary CITY OF BREMERTON DEPARTMENT OF BUILDING & PLANNING CURRENT LAND USE STAFF REPORT REGARDING: SPECIAL USE PERMIT AMENDMENT for Emmanuel Apostolic Church (Embassy Educational Center - File #: PL01-0030) May 22, 2001 SUMMARY 1. Applicant: Emmanuel Apostolic Church Embassy Educational Center 1023 6th Street Bremerton, WA 98337 2. Location: 1023 6th Street, Bremerton, Washington 3. Tax Assessor's Lot No: 3718-024-027-0006 4. Attachments:- -Amendment Request for SUP98-0017 Control No. PL01-0030 -Site Plan (Revised) -Special Use Permit SUP98-0017 -Embassy Education Center correspondence, March 26, 2001 -Emmanuel Apostolic Church correspondence, Sept. 12, 2000 -Embassy Education Center correspondence, Oct. 16, 2000 -Planning Commission meeting minutes, December 22, 1998 -Planning Commission Resolution #98-08, December 28, 19§8 -Bremerton City Council Resolution #2689, January 20, 1999 5. Comprehensive Plan: High-density residential (HDR) 6. Zoning: High density Residential (MR) FINDINGS 1. Amendment Proposal: Proposal is to amend Special Use Permit (SUP) 98-0017. The amendment includes a request to increase the approved daycare facility capacity from forty-one (41) children to fifty-six (56) children and amend the approved site plan to depict the relocation of a currently developed play area located in an area different from the area originally approved. 2. History: Special Use Permit, SUP98-0017, to operate a daycare center for 41 children aged 18 months to school age, in two rooms on the first floor of the existing church. A 900 square foot, fenced play area was indicated on the site plan adjacent and west of the church. The play area was separated from 6th Street by an existing house to the north (owned by the church), from the alley by an existing garage, and across the alley from existing single-family uses. As a result of a comment letter from an adjoining property owner to the south, protesting the day care use, the application was processed non- administratively as a Type III City Council decision process. SUP98-0017 was approved by Planning Commission Resolution No. 98-08, December 22, 1998, without conditions. City Council Resolution No. 2689, approved the application for the Special Use Permit as recommended by the Planning Commission, January 20, 1999, without conditions. The applicant has recently constructed a 1600 square foot, fenced play area fronting on 6th Street, west of an existing house owned by the church and immediately east of single-family residential use, and is now desirous of amending the site plan to depict the play area in an alternative location as opposed to the previously approved location. As the original Special Use Permit (SUP98-0017) was originally processed as a Type III Planning Commission/Council public hearing decision process, any amendments to a Type III decision must also be considered in the same manner and form as the SUP originally approved. CRITERIA FOR APPROVAL Bremerton Zoninq Ordinance 21.02.905 SPECIAL USE PERMITS, [a] "Criteria for Special Use Permits" (a) Authority: A land use that is designated "SUP" in specific zones in the Land Use Tables of Section 5 of these regulations may be permitted on sites within those zones, provided all identified adverse impacts of the specific use can be eliminated or reduced to an acceptable level through design or conditions of approval of the Special Use Permit. Response: A day care facility is an allowable use, by Special Use Permit (SUP) in a High Density Residential (MR) zone classification. Bremerton Zoninq Ordinance 21.02.905 SPECIAL USE PERMITS, [d] "Criteria for Special Use Permits" states that approval of a Special Use Permit may be granted only if all of the following are true: 1. Is the proposal substantively consistent with the Comprehensive Plan and either designated "SUP" in the Zoning Ordinance, or is bein.q processed as an "Unlisted Use"? Response: YES The day care facility has been previously approved, as the use is substantively consistent with policies of the Comprehensive Plan, and is an allowable use as an SUP in the Zoning Ordinance. An amendment to the previously approved SUP can be approved in the same manner and form as the previously approved SUP. 2. Will the proposal be consistent with all applicable development standards and requirements, includinq the availability of all needed utilities and services? Response: YES The applicant must comply with all current applicable development standards and requirements for amendments to existing SUP's. The day care facility is heavily regulated by the State and must comply with all regulatory criteria for licensing. All needed utilities and services currently exist and are available. 3. Will the proposal, along with any miti.qation measures or other conditions of approval, avoid significant adverse environmental consequences? Response: YES There has been additional concerns regarding noise and additional traffic concerns. It appears that the increase in childcare capacity will not significantly increase the average daily trip traffic and parking has been previously demonstrated to be adequate. Conditions of approval addressing noise will adequately mitigate potential adverse environmental impacts associated with the project. 4. Will the proposal be compatible with adjacent uses and surrounding neighborhood? Response: YES The surrounding neighborhood is a mix of residential uses and light to medium commercial use. The zone classification allows some mix of compatible non- residential uses including day care facilities and associated play areas, if found through a special Use Permit process to be appropriate for the specific location. A change in the capacity and relocation of the outside play area appears to be compatible with adjacent uses. However, the amended site plan request is for a developed play area to be approved as constructed immediately adjacent to a single-family residence. The approved location was not located adjacent to any private residential structures. Conditions of approval pertaining to fencing, screening buffers (noise and visual), hours of operation, etc. to lessen the impact on adjoining properties will mitigate potential adverse noise and visual impacts associated with the request for approval of the amended site plan. 5. Does the proposal comply with all other criteria or desiqn guidelines that are applicable to the specific use or type of development? Response: YES The proposed amendment appears to comply with all other design criteria and guidelines including State licensing for day care centers. The applicant has shown compliance with zoning requirements by applying for an amendment to a Special Use Permit. Bremerton Zoninq Ordinance 21.02.905 SPECIAL USE PERMITS, [e] "Criteria for Special Use Permits" (e) Conditions of Approval: Such conditions as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, or others may be imposed as conditions of approval if needed to prevent adverse impacts and/or ensure compatibility with the surrounding area. Response: Conditions of amendment approval may be imposed by the Planning Commission and/or the City Council to address concerns of adjacent property owners. 5'7 Bremerton Zoninq Ordinance 21.02.905 SPECIAL USE PERMITS, [fi "Criteria for Special Use Permits" (f) Lapse of Approval: If not acted upon within one year from the date of decision, the SUP approval shall expire. Expiration is automatic and notice is not provided. The Director may grant a single written six-month extension upon a showing of good cause, provided the applicant submits a written request for such extension prior to expiration. Response: The applicant, although not licensed at this writing to operate as a day care center by the State, has made good cause effort to establish compliance with the "Lapse of Approval" SUP criteria. Applicant has remodeled facility for a daycare to meet State regulatory criteria and is in the process of obtaining State day care licensing approval. CONCLUSIONS: Based on the above analysis, staff concludes that: 1. The proposed amendment to increase the day care capacity and approval for the relocation of the outside play area appears to be in the public interest. 2. Neighborhood concerns should be addressed through conditions of approval. 3. The application meets all criteria necessary for approval of an amendment to a Special Use Permit. DECISION OF THE PLANNING COMMISSION: Based on the record developed, the Bremerton Planning commission recommends of the request for an amendment to Special Use Permit # SUP98-0017 to increase the approved daycare facility capacity from forty-one (41) children to fifty-six (56) children and amend the approved site plan to depict the relocation of a currently developed play area located in an area different from the area originally approved, subject to the following conditions: Andy Kususko, Chair Date Bremerton Planning Commission 5-8 Planning Commission Meeting June 19, 2001 I. Call to Order The meeting was called to order by Chairman Kosusko at 5:40 p.m. II. Roll Call Those present were: Chairman Kosusko, Commissioner Dingfield, Commissioner Kennedy, and Commissioner Moshay. Quorum certified. III. Approval of Agenda Mr. Hugo indicated that the agenda was published incorrect with regard to there being no item 2. It was stated that the new item being heard, PL 01-0030 is actually item 2. A motion was made by Commissioner Dingfield and seconded by Commissioner Kennedy that the agenda be approved as modified. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Agenda approved. IV. Approval of Minutes The May 15, 2001, minutes were presented for approval. There was page-by-page review to complete the draft minutes including commissioner names to finalize. Chairman Kosusko apologized to the public and stated that now that there is someone here to take notes, we won't have to go through this much longer. Commissioner Kennedy moved that the May 15, 2001, minutes be approved as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. The May 15, 2001, minutes approved. The June 5, 2001, minutes were presented for approval. There was page-by-page review to complete the draft minutes including commissioner names to finalize. Commissioner Dingfield moved that the June 5, 2001, minutes be approved as revised. Commissioner Kennedy seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. The June 5, 2001, minutes approved. V. Public Meeting A. Call to the Public (public comments on any item not on tonight's agenda). None. Chairman Kosusko described how the public hearing portion of the meeting would be conducted. Planning Commission Meeting June 19, 2001 Page I of 10 B. Public Hearings 1. PL 01-0024: City of Bremerton, Downtown Development Policies. A proposal for amending the Central Business District, Specific Area Plan section of the Comprehensive Plan to include additional goals and policies concerning the land uses, density and intensity of uses, multi-modal transportation, public spaces, and the design character of development in the Central Business District of Bremerton. Chairman Kosusko stated that this is a continued item and that testimony remains open from the public. Mr. Kosusko requested input from the staff. Mr. Hugo stated that a new staff report, dated June 19, 2001. This supercedes the report of June 5, 2001, and goes more deeply in decision criteria. However, there are several changes to this report. Mr. Clyde Strickland assisted in this report. We are working toward being careful about what we (staff) say and which document that we bring to the Commission. The decision criteria are responded to by staff. He stated that he prefers that the discipline that we follow is that the Commission respond to the decision criteria and we then reflect that in the findings and conclusions, which are your action and not something that the staff has done. Changes to this report are: Under the Environmental Determination, there is a statement in the prior report that we had not made that determination. This statement is in error. The second sentence that a B&S was issued by the director today after the completion of a SEPA checklist. We have completed the SEPA checklist, we have not issued the determination. We won't do that for another day or two. Strike that - this will be updated in a final report. There are still some materials that would be helpful to produce through the record either through public testimony as part of Peter Calthorp's work in the community. We have a report from Calthorp's office that reflects some of the feedback they heard. This report is still not finalized. Mr. Hugo requested that the Commission keep this hearing open so that we still have an opportunity to finalize Calthorp's report. This is the last of the Comprehensive Plan revisions (policy level revisions). We will not be able to present those as a group and do their evaluation for about another month, then close the public testimony and have your deliberations. Chairman Kosusko questioned whether it was necessary to keep the public testimony open in order to include these stores of materials. Mr. Hugo stated that this would be the only way the public would have an opportunity to comment on those things that are substantive that being offered by the consultants. Commissioner Dingfield asked if the Commission would be receiving a copy of the Calthorp report ahead of time. Mr. Hugo responded that yes, that is what is missing and that you need that as part of the Commission's deliberative process. Chairman Kosusko stated that this item will be continued and requested public comment. Mr. Kosusko then described how the public hearing portion of the meeting would be conducted: 1) Public comment from those in favor; 2) public comments of a neutral nature; 3) public comment against the item; 4) the applicant has a chance to answer public testimony; 5) there will be a 3-minute limit. Helen Miller, P.O. 788, Bremerton asked Mr. Hugo if his idea of having some type of architectural constraints for the facade will be included early enough to have some impact or come in at a later date? Planning Commission Meeting June 19, 2001 Page 2 of 10 Mr. Hugo stated that the policy addresses the character of the street and the overall urban quality. The land use code provisions do not go into architecture. That would require an additional effort of documenting what the desired features are. If you put those kinds of decisions in the hands of a citizen body or group of professionals without something adopted as a guide to their decision, the courts would view that as arbitrary and capricious practice. So, the community has to go through a process of deciding what the desired features are and documenting those decisions a community values so that decision makers can rely on that. Mr. Hugo further stated that this is represents a big effort that needs to be staged carefully and suggested it will take time so that it is seen as a benefit, not a threat. First, policies and then land use, regulatory structure and then design review and guidelines. No further public comment. Item continued until the next regularly scheduled meeting, July 17, 2001. 2. PL 01-0030: Application to amend Emmanuel Apostolic Church, Special Use Permit #SUP 98-0017, to increase permitted daycare capacity from 41 children to 56, and amend approval site plan for relocation of the outside play area for the daycare. Chairman Kosusko requested public comment for this item. He reminded the group that this is a quasi-judicial setting and that commissioners should state any conflicts with this item and that the public has the opportunity to challenge any of the commissioners on this item. No comment from commissioners. Lee Wyatt, Senior Planner, City of Bremerton Building and Planning Department, This item is a requested amendment to an existing special use permit #SUP98-0017, which was approved by both Planning Commission recommendation and City Council action in 1998. The approval was to operate a daycare center for 41 children, aged 18 months to school age in two rooms on the first floor of the existing Emmanuel Apostolic Church. A 900 sq. ft. fenced play area was indicated on the site plan adjacent and west of the church. The play area was separated from 6 ft. by an existing house to the north, owned by the church; from the alley by an existing garage; and across the alley from an existing single family uses. The church has since gone ahead with establishing and trying to obtain the licensing for the daycare center. They have developed an outside play area for the daycare facility. A concern has been expressed by a neighbor, which basically states that the site location for the daycare outdoor play facility had changed. As a result of this concern, some investigation has been done. We then requested that the Apostolic Church revise their special use permit and request an amended site plan that shows the new location of the proposed outdoor play area and an increase of the capacity of the daycare center from 41 to 56 children. Previously the special use permit for the daycare facility had been approved without any conditions attached. The special use permit was approved for issuance in January of 1999, showing the site location for the outdoor play area in an area different from the area where it has actually been constructed. Mr. Wyatt confirmed that the commissioners and members of the public had the drawing if they desired it. Planning Commission Meeting June 19, 200l Page 3 of [0 The original special use permit (#SUP98-0017), was processed as a Type 3 Planning Commission, Council public heating decision process. Our code speaks to the fact that any future amendments to that particular special use permit process will go through the same process. To amend #SUP98-0017, to include an increase in capacity from 41 to 56 children and to amend the approved site plan to depict the relocation of the currently developed play area now located in an area different from the area originally approved. Mr. Wyatt asked for any questions. None. Matthew Moreno, Administrator at Emmanuel stated that the state determines the number of children that a daycare facility has a capacity for based on the square footage available for the daycare. Because the State determined that we have the capacity to serve 56 children, we are amending our permit to increase our capacity from 41 to 56 children. In regard to relocating our playground, we are asking to move the site approximately 30 feet further west than on the original site plan. The noise that would impact the house that is appealing our permit, it seems doubtful that that would increase the noise. The initial site was close to the home, it is moving between 30-35 feet closer. All the children will not be on the playground at one time. The children will be from infant to toddler (age 5). The infants represent no noise at all on the playground since they will not be going outside, they will be being held or sleeping. They will be noisy inside but won't be outside. Many daycares do not take care of infants and toddlers. There will be no more than 10 toddlers at a time on the playground. This age group is not particularly load, like elementary or junior high school kids. We need the additional space for our playground, which is why we are requesting to move it. Chairman Kosusko asked if this age limit is State mandated or your own. Mr. Moreno replied that the license issued by the State cites this age limit. Commissioner Dingfield asked what the initial playground site will be used for now. Mr. Moreno replied that there is a walk way there that the children can use to get to the playground. If we are not allowed to relocate the playground, we would be creative and would incorporate that and additional space into a playground. Commissioner Dingfield asked about the reduced parking spaces. On the amended request, you are taking out parking by 4 spots. Will this still allow enough parking for the facility? Mr. Moreno stated that they would still have more than enough parking. Commissioner Kennedy stated that the approved location is smaller than what you are requesting. Is there a requirement from the State that you have more area because of the additional number of children? And, is this why you changed the location? Mr. Moreno replied that this is actually a much nicer location for the children because it is larger. There is a ration that we must meet (square footage to the number of children), but we could merely allow fewer children out at one time. But I think the daycare director could answer the question much better. Open to the Public (Public in Favor of this project): Larry Robertson, Pastor, Emmanuel Apostolic Church, stated that the whole area is chained off and beautifully landscaped, and has enhances everyone's property. Everyone is going to benefit because of these changes. I want to emphasize one thing, and that is that we will not have children out at thc playground area at 10:00 at night. So, there will not be the noise late at night. Planning Commission Meeting June 19, 2001 Page 4 of 10 ~}~ Cheryl Hudson, Director and Embassy Educational Center, stated that the need for child care in Kitsap County is at an all-time high. With many of the centers closing there is a lack of care, especially regarding the infant and toddler stages. That addresses the increase in capacity and why we are excited to be able to care for 15 more children. This will impact our infants and toddlers by up to 4 spaces. This alone can meet a great need in Kitsap County, especially for young mothers who are on the WorkFirst Program who need to have care and are unable to find care for infants and toddlers. Ms. Hudson quoted the old adage that "Children are to be seen and not heard". However, as a part of enriching the lives of these children- they need to have space outside. We certainly wouldn't, for example, want to take away parks next to home. In fact, most of your parks are located in residential areas. Children usually don't make as much noise if they are playing in the sandbox, it is a beautiful sound. If you are looking for an ugly noise, just listen to the traffic on 6th Street: the trucks and the horns that go by. The children would be out there in the mornings for 1-1.5 hours and in the afternoon, depending on the weather. There could be days and days that would go by where we wouldn't be out there at all because of the weather. So be able to take these children out there to grow and develop their muscles is an important part of child care. It is a beautiful space and we are anxious to use it. We are taking them for walks right now. Chairman Kosusko asked if there were any questions. None. Christine Anderson of Child Care Resource and Referral of Kitsap County. Described the service as a not-for-profit agency that helps parents find licensed child care in the county (both licensed family homes and center facilities). They also help the providers by giving them technical assistance, training, advocation and child advocation. She stated that Kitsap County is in a crisis. The Bremerton/Silverdale is currently at a 96-97% full capacity. Particularly the West Bremerton area, the infants and toddlers (under 2 years), 99-100% full capacity. Some parents in this area are having to drive to Port Orchard or Silverdale to find provider. We so desperately need more care. Embassy opening up was exciting for us because they are sorely needed, the location is accessible to commuters and on the bus-line, AND providing 15 more slots for infants and toddlers. There are many children, even kindergartners, being sent home to empty homes because of the lack of day care in this county. Open to the Public (Public comments of a neutral nature on this project): None. Open to the Public (Public comments opposed to this project): JeffKerr, 1109 6th Street, Bremerton. I am the property owner at 1109 6th Street. Mr. Kerr thanked the Commission for their time spent hearing this matter. I hope the commission has carefully read my opposition, which is to be my official response to the application. I have four major points to emphasize: 1) The claim that I was somehow properly informed by the Church on the relocation of the playground and then granted my approval is false; 2) The Church is proceeding to acquire approval on a change that was never originally presented in the application. They have not followed proper procedures; 3) The proposed playground, within 3 feet of my house will create noise that would interfere with the quiet enjoyment of the residence. The City should not allow this interference when the goal of the Church daycare could be solved without creating unreasonable noise pollution for me; 4). The Commission can satisfy both interests in this matter by allow the original application, as pertains to the playground location, which is not next to my house. They originally planned the area to be parking space and Planning Commission Meeting June 19, 200l Page 5 of 10 this is certainly a reasonable and non-interfering plan. Thank you very much. Chairman Kosusko asked if there were any questions for Mr. Kerr. None. Chairman Kosusko asked if there were any further public comments opposing this item. None. Mr. Kosusko then requested redress from the applicant. Larry Robertson, Pastor of Emmanuel Apostolic Church, stated that he wanted to address item #1 from Mr. Kerr's statement. Mr. Robertson said that he was under the impression that there was an understanding. Mr. Moreno had talked with Mr. Kerr before we invested in fences, etc. On it's own merit, this is a good place to have a playground. We also collaborated with the State before we proceeded. We believed that we were doing the neighbor a favor because there were people using this area because it was open. We thought we were doing a win-win by closing this area off, keeping people from being so close to his home. When we are not there, people in the neighborhood park in these open areas and THEY will play at 10:00 at night and create noise. We thought this would be a positive change for everyone in the neighborhood, not just us. Chairman Kosusko closed the public testimony. He asked if the Department of Building and Planning had anything to add. Lee Wyatt, Senior Planner for the City of Bremerton. Mr. Wyatt stated that just the loss of these 4 parking places does not change the status of the parking. They do have the required parking for the space they are using. Mr. Moreno is absolutely correct in saying that the loss of the 4 projected parking places has no affect whatsoever on the required parking spaces for this facility. Secondly, Bremerton's Zoning Ordinance 21.02.905 deals with special use permit and the criteria for approval of special use permits. Should you decide to approve this amendment, item "E" under that particular heading states conditions of approval. Such condition as site orientation; fencing; buffering; parking location; lighting; access hours; hours of operation or others may be imposed as conditions of approval, if needed, to prevent adverse impacts or ensure compatibility with the surrounding area. I leave you with that thought. Chairman Kosusko opened Commission deliberation. Commissioner Moshay stated that she has driven by the play area and it is impressive. She was excited and as a former Head-Start family advocate, she confirmed the need more care for children. She applauded Emmanuel Apostolic Church for taking this step forward. She was very much in favor. Commissioner Dingfield stated that she is very much in favor of the application. She was in favor of the initial application and is glad to see that the State has approved the increase of up to 56 children. However, she said that she was very disappointed in the way this has been handled, the procedural and neighborhood issues. She stated that she would be in favor of approving the amendment because of the dire need for child care. She further stated that any time we, as a city, find the issue of children's noise in an urban area to be a problem - we may as well close up shop. Planning Commission Meeting June 19, 200I Page 6 of 10 Chairman Kosusko stated that he too, is in favor of the application but was disappointed in the Church because they tried to move this play area without going through the Commission first. Almost like it was trying to be underhanded, especially since the initial permit stated specifically where that area needed to be. If it needed to be changed, it should have come back here. Rather than starting to do it and then getting complaints about it and THEN having to come back. That's not they way things should happen. I am not against it, but I am disappointed in the way that was handled. Commissioner Kennedy stated that obviously no one has any issue with the fact that more child care is needed, not even the neighbor. My only question to my fellow- commissioners is: Would be like to put a condition of a landscaping buffer, which would be of no harm to the kids. They might actually like some trees and scrubs. Commissioner Dingfield responded that Pastor Robinson said in the original plan stated that trees would be planted to help with the noise and privacy. Short discussion determined that there were no conditions put on the original approval. Commissioner Dingfield stated that the notes mentioned were taken from the minutes of the original meeting and the original application. This is now moved. Ms. Dingfield further stated that landscaping does not really help with sound, it would be purely aesthetic or privacy issue. It would take something else to help with sound issues and remember that a child care business is heavily regulated by the State. The Church will go through far more than we could impose on them. Therefore, any conditions we could impose would be superfluous to what the State would impose on them as they try to run a child care business here in the City. Chairman Kosusko asked if a condition that the fence along that property was solid fence isn't something that would come out of the State regulation? It is something that we would do to protect the neighbor, if we so chose. Commissioner Moshay made a motion to increase the day care capacity from 41 to 56 children and relocate the previously approved site plan location of the outside play area to a new location. Commission seconded the motion. There was no discussion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. The motion carded. Lee Wyatt, Senior Planner for the City of Bremerton Department of Building and Planning. Mr. Wyatt stated that this was a Type 3 decision in the form of a resolution that moves forward to the City Council. This is not an ordinance type decision. In order to move it forward for approval, a resolution needs to come from the Planning Commission regarding what you have talked about and what is in the staff report, and move forward in the form of a resolution for the City Council that adopts the resolution to approve and pass the special use permit amendment for the increased capacity and the relocation of the playground. If we can get the general understanding of what we've heard here tonight. If you can approve Resolution #2001-02 to be substantial in form to what you've already discussed, we can move this forward for the Chairperson's signature and the Secretary's signature for attestation and move this forward to the City Council immediately for their approval. If we have to come back, at our next meeting to have you approve this Resolution, we will be setting it back even further from the City Council. Planning Commission Meeting June 19, 2001 Page 7 of l0 After a short discussion, Commission Dingfield made a motion that the Commission approve Resolution #2001-02 as follows: A Planning Commission Resolution recommending approval of the Emmanuel Apostolic Church application for amendment of special use permit #SLIP 98-0017 day care center. Whereas, the Emmanuel Apostolic Church has presented an application to amend Special Use Permit #98-0017, previously approved for a day care center at 1023 6th Street, to increase the daycare capacity from 41 children to 56 children, and, relocate the previously approved site plan location of the outside play area to a new location. The Bremerton Planning Commission make the following findings: Whereas the proposal is consistent with all applicable development standards and requirements and whereas the proposal meets a great need of services within the Bremerton community and whereas the Bremerton Planning Commission, following a public heating on June 19, 2001, voted unanimously to recommend that the amendment application to increase the capacity of the daycare facility and relocate the daycare outside play area be forwarded to the City Council for approval. Now, therefore, be it resolved that the Bremerton Planning Commission recommends approval, by the Bremerton City Council of the amendment application presented by the Emmanuel Apostolic Church. The motion was seconded by Commission Kennedy. Called for a vote: Dingfleld: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. The motion carried. Mr. Moreno made a final comment to the Commission: He wanted to clarify that the way the relocation of the outdoor play area was handled was responsibility as delegated by the pastor. He admitted that he made many of the procedural errors in ignorance. He was unaware that an amendment to the original special use permit application was required to relocate. He apologized to the Commission. VI. Business Meeting A. Chair Report. Chairman Kosusko informed the group about the Smart Growth Discussion scheduled for Wednesday, June 27, 2001, from 5:30 to 8:30 p.m. at the Eagle's Nest in the Kitsap County Fair Grounds. Generally, it is regarding a group (including Tim Bodkin; Phil Machit, Hood Canal Environmental Council; Mike Brown of the Kitsap County Homebuilders Association; Norm McGlophlin; Frank Wilson of the Kitsap County Association of Realtors; Seth Wilson, A Thousands Friends of Washington; and Mike Shepard, Council Member the City of Bremerton) have drafted high level policies to be discussed at this meeting. Chairman Kosusko stated that he plans to attend and invited everyone. Mr. Hugo wanted to note that it is unfortunate that this discussion group is scheduled for a time that the Bremerton City Council and the Port Orchard City Council meets that same evening. This takes several major entities out of the discussion. Please inform the organizers of this conflict. The good news is that because the Department of Building and Planning did not notify timely, our five agenda items will not be addressed at the City Council meeting that evening - so I will be able to attend. He stated that he hoped that the planners become more sensitive to elected leaders are encumbered with their own jurisdictional duties. Planning Commission Meeting June 19, 2001 Page 8 of 10 B. Director's Report. Mr. Hugo stated that we are trying to move things on to the City Council. There is a large slate of zoning and comprehensive plan revision items. The £u'st set will be going to the Council in their study session on June 20, 2001, and going to hearing on July 2, 2001. These will be included on the Planning Commission agenda for the July 17, 2001, along with the Downtown Development Policies and another set of findings. I should also be reporting that we are in the selection process for the 3 new planners. At this time we have over 30 applications and will be testing on July 2, 2001. Scoring the testing should happen quickly so that we can invite people back within the week for interviews. We are planning to interview 9 people for those 3 positions. He complemented the Civil Service system in place for its flexibility, knowledge and commitment to community building. Chairman Kosusko asked what level of applications we are receiving. Mr. Hugo stated that there is a variety of college education. He could not speak to the experience level. All 3 positions are entry level. Currently there are only two positions (Planner and Sr. Planner). However, steps are being taken with Human Resources to create additional classifications that will allow career possibilities for employees now being hired at entry- level positions. Mr. Hugo explained the need for these positions and how the workload is handled now and showed relief about the current hiring push. C. Study. None. D. Old Business: a. PL 01-0007. Park Avenue zone reclassification for consistency with the Comprehensive Plan. Mr. Hugo read thc findings directly from the draft Findings and Conclusions. He then asked if there were any questions and after a short discussion, there were two changes made to thc findings. Mr. Hugo then mad the conclusions directly from the draft. After a short discussion, Commissioner Dingfield made a motion that the Commission approve PL 01-0007 as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Motion carried. b. PL 01-0012. Revision to Zoning Code definition of "Community Center." Mr. Hugo read the findings directly from thc draft Findings and Conclusions. He then asked if there were any questions and after a short discussion, there was one change made to the findings. Mr. Hugo then read the conclusions directly from thc draft. After a short discussion, Commissioner Kennedy made a motion that the Commission approve PL 01-0012 as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Motion camcd. c. PL 01-0020. Revision to Parks & Schools setback development standards. Mr. Hugo read the findings directly from the draft Findings and Conclusions. He then asked if there were any questions and after a short discussion, there were three changes made to thc findings. Mr. Hugo then read the conclusions directly from the draft. After a short discussion, Commissioner Kennedy made a motion that the Commission approve PL 01-0020 as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Motion carded. d. PL 01-0047. Olympic College zone reclassification for consistency with the Comprehensive Plan. Mr. Hugo read the findings directly from the draft Findings and Planning Commission Meeting June 19, 200l Page 9 of I0 Conclusions. He then asked if there were any questions and after a short discussion, there were no changes made to the findings. Mr. Hugo then read the conclusions directly from the draft. Chairman Kosusko asked if it was necessary to include all the plans that Olympic College has regarding this submission. Mr. Hugo replied that since they are the applicant and are relying on their plan being documented in the Findings and Conclusions that it is necessary. Commissioner Dingfield made a motion that the Commission approve PL 01-0047 as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Motion carded. e. PL 01-0047. Olympic College Special Use Permit for Satellite Parking Facility. Mr. Wyatt read the findings directly from the draft Findings and Conclusions. He then asked if there were any questions and after a short discussion, there were two changes made to the findings. Mr. Hugo then read the conclusions directly from the draft. Commissioner Dingfield made a motion that the Commission approve PL 01-0007 as revised. Commissioner Moshay seconded the motion. Called for a vote: Dingfield: yes; Kennedy: yes; Moshay: yes; Kosusko: yes. Motion carried. E. New Business: None. VII. Adjournment: Meeting was adjourned at 7:30 p.m. The next meeting is scheduled for July 17, 2000. Respectfully submitted by: Executive Secretary Approved by: Andrew J. Kosusko, Chairman Planning Commission Meeting June 19, 2001 Page 10 of 10 (Od "A Church with Purpose and Vision" 1023 6th Street, Bremerton, Washington 98337 * (360) 479-3674, Fax (360) 377-8752 E-Mail: embassyctr@yahoo.com Suffragan Bishop, Lawrence R. Robertson, Sr. Pastor June 25, 2001 Bremerton Planning Commission 286 4th Street Bremerton, WA 98337 RE: Emmanuel Apostolic Church's Amendment to the Special Use Permit Dear Planning Commission Members: Thank you for supporting our endeavor to provide quality childcare services to this community by approving our request to amend our special use permit. I am writing to address comments made at the commission meeting on Tuesday, June 19, 2001. In particular, the statement made by Mr. Kosusko that he was very disappointed with Emmanuel for apparently attempting to circumvent the administrative process and attempting to move our playground site outside of that process. First, I sincerely apologize that mistakes that I made resulted in giving the appearance that we were trying to relocate our playground without the necessary approval of the planning department. However, Mr. Kosusko's statement was far too broad in that he said that he was disappointed by "Emmanuel Apostolic Church". As the .administrator of the church the pastor delegated to me the responsibility of getting the childcare center operational. I am solely responsible for any mistakes that were made in that process, and it is inaccurate and unfair to impugn the entire church for my actions. On September 12, 2000, I wrote to Clyde Strickland regarding amending our special use permit from 41 to 56 children (see attachment). I did not mention the playground site because I did not know we needed approval for that as well. On September 27th I had the playground fence installed. The following month, while discussing our plans with Bill Palmer in person at the planning department, I learned we had to get permission to move our playground site. On October 16, 2000, I wrote to Mr. Palmer enclosing our revised site plan (see attachment). It was not until mid-May of this year when I had a person-to-person meeting with Chris Hugo and Lee Wyatt that I was informed I had to complete a form to amend the special use permit. They provided me with the form and I completed it and returned it to them quickly. In that same meeting Mr. Hugo profusely apologized for the planning department's shortcomings in handling our request. He specifically mentioned that Bill Palmer should have informed us of the proper process to amend our playground site (since my October 16th letter was not sufficient), and that he should have given us the form needed to file for an amended special use permit. Mr. Hugo also stated that Clyde Strickland errored in stating in December that he was going to approve our request when in fact it required a quasi-judicial proceeding. Bremerton Planning Commission June 21,2001 Page 2 of 2 At no point in time did we use our playground. So while it may appear to some of the planning commissioners that we attempted to obtain a benefit outside the proper administrative channels the evidence proves otherwise. I made some procedural mistakes, but we never once attempted to use the playground without the planning commission's decision on the relocation of the playground. I am not going to go into detail regarding Mr. Kerr's allegati°ns. The most significant and telling statement contained in his letter to the planning commission was the two separate references he makes to our conversation occurring "while [he] was trying to do some work around the house". He quantifies the circumstances under which we talked because he knows he did not listen to the conversation. At no point did I even come close to misleading him in regard to our objective with the playground. He is attempting to hold me accountable for his inattention during our conversation. Finally, I am sure that the planning commission must have been frustrated that we did not come on time to the initial hearing. That again, was my fault. I failed to notify the pastor, childcare director, and other interested parties that the meeting was scheduled. I almost forgot it myself, and therefore arrived late. Lee Wyatt informed me that the commission postponed that hearing because the planning department failed to provide the commission with the pertinent materials on time. I truly thank God for that having occurred since I had failed to notify everyone on my end of the hearing date, time and place. In closing I again apologize for my errors and for the opinions that some of you formed based upon those mistakes. In addition, to the problems caused by my negligence, the planning commission needs to be aware that until May of this year, the planning department failed in its duty to process this request in an expeditious, accurate and procedurally correct manner. Mr. Kosusko did not allocate any disappointment toward that department, but he should have been equally dissatisfied with the way they handled this matter. Our primary function, and our sole agenda, is to serve God and this community. All of our programs are planned as avenues in assisting us to fulfill that calling. We were glad and grateful to have the amendment to our special use permit approved by the planning commission, but not at the cost of having our integrity in question. Thank you for your consideration in this matter. We pray for God's blessing, prosperity and provision over you and your families as you continue to serve this community. Respectfully yours, Matthew P. Moreno Administrator cc: Bremerton City Council Mayor Lynn Horton Chris Hugo Lee Wyatt September 12, ~ Clyde stricklin Interim Director of Planning Bremerton Department of Community Development 286 4th Street Bremert6n, WA 98337 ,~E: Embassy Education Center Dear Mr. Sticklin: This letter follows my phone conversatlon with Valerie Wolf. I provided Ms. Wolf with a form that Carey Lewis, Child Care Center Licensor with DSHS, asked me to -have her .complete and sign (see enclosed copy). The form indicated that our application requested licensing for 20 children. Because cur application has been ~mended to request licensing for 56 children; Mr. Lew:,s told me to change the "20" to "56". This new number of 56 children is based upon our daycare's total capacity being determined by Fred Wageman with the Washington State Der)artment cf Health (see enclosed report of · Mr. Wageman). Since our site has a total capacity of 56 children we would like to be approved for that amount. Ms. Wolf noted that the Special Use Permit stated that our application indicated' that we intended to "... operite a day care center for 41 children..." (see enclosure). However, since the State placed our total capacity at 56 children we would like to pursue licensing for that number. Ms. Wolf suggested that I write to you because she was not certain if we had sufficient parking for the, 56 children. Accordingly, I am bringing the following to your attention: > The Findings of Fact and Conclusions of Law and Decision by the Bremerton Planning Commission state on page one under the camion Property & Development: Lawrence R. Robertson, Sr. Pastor Assistant Pastors Executive Board Timothy W. Thomas L.R. Robertson, Chair Charles Floyd, Sr. Floyd Ussin Darrell Fields Claude .Jones Stephen Harris '" September 12, 2000 Page 2 of 3 Clyde Stricklin ...the site contains an existing two story, church building and paved parking lot for 12 vehicles. Lots adjacent to west of the property contain t.hree single story, existing houses with additional accessoi-y, parking... ~ Under the car~tion Criteria for Approval, subsection 2, the Decision states, The zoning ordinance requires one space [parking] for every five children, which would require 8 for the proposal. > 'Note, all other criteria itemized in the Decision are in no way affected,i'ehanged .or.. altered by the total capacity being 56.'children instead of the 4I We'initially requested. Since we nave more than sufficient parking for 56 ch~ldren;,clearly the B~ard of Commissioners would have approved 56 Children. we arrive at this conclusion by following the reasoning stated in the Board's Decision. As noted in the Decision, 8 parking spaces was sufficient for 41 children. Per the Decision's parking requirements (1 space for every 5 children) for 56 children we would need 1{1 parking' spaces. Our facility bas almost triple that amount (we have additional paved parking which we created in a vacant lot we purchased). As a consequence of the above, we are respect~l!y requesting that you do amend the DSHS form from "20 children" to read, "up to 56 children". Considering the law and reasoning of the Board's Decision,' and the fact tha~/'DSHS placed our total capacity at 56, we believe this to be equitable and appropriate. Finally, Resolution//98-08 passed by the Bremerton Planning Commission (copy attached) does not limit the Special Use Permit to a specific number of children; rather, it states: 1. The proposed use in [sic] needed in the community to provide day care services in this area, and is in the 'pubiic interest. 2. The proposed use does meet the necessary tests and criteria required for approval Of a Special use [sic] Permit. No where in the Reso!utien does the Commission limit the day care to any specific number of children - it only requires that the day care "meet the necessary tests and criteria". September 12, 2000 Page 3 o..~ Clyde Stricklin In closing I want to point out that should you agree to state on the form that zoning devar~ment authorizes our day ca,'e for 56 children we must still be ay 'roved that amount by the Child Care Center L~censor at DSHS. In other ~voras,.the In,formation you provide on this/brm only. indictites., .,:~.'~ha*. thez°ning. ~ dep'artmeh~ Bremerton is consenting to allow'ourd~/~are~t61serVe 56 chi!di-~n. ": Please call me at 360-476-.3674, ext. 22 if you would like to discuss this!~matter; and thank yzu for considering our requ~i~t. IfI am out oftheoffice X~hen you ehlI, you may reach me on my text pager by 'call{ii'g 1-800-800-8596. Sincerely, Matt MOreno Administrator cc: Mayor Lynn Horton Carey Lewis, DSHS Fred Wageman, DSHS Joan Dingfie!d EMBASSY EDUCATIONAL CENTER 1023 6th Street Bremerton, WA 98337 (360) 479-3674 ext. 22 - October 16, 2000 William M. Palmer Department of Community Development City of Bremerton 286 4th Street Bremerton,. WA 98337 RE: Embassy Educational Center Dear Mr. Palmer: Pursuant to your request, i have attached a revised copy of our site! plan which shows the new play area for the dayCare. The play area was'move~t to accommodate the size required by the daycare-licensing department: .: It isa beautiful grassy area with an extremely nice fence. You a/'e ver~ welcom~ to come ana' visit the site. Please call me at 479-3674 ext. 22, or page me at 1-800~800-8596'ilf'You have any questions or comments regarding this matter. Thank you for your courtesy and cooPeration. Sincerely, Matt Moreno Enclosure: Site Plan 6 TH STREET OCT 3 0 1998 8RE~IERTON ,,~, · BUILOING OEPARTI4ENT "'"'~"~'~ ~ ......... FOR DAY~E · EXISTING HOUS~ EXISTING HOU$~ EXIS~NG HOUS~ E~IUEL EOS?OUC CHURCH ~1 10.0' ~ ALL~ - ~ - "' AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public HeannH o, ureinance to amend FOR AGENDA OF: July 2001 the Official Zoning Map from Medium Density Residential (CBR) DEPT. OF ORIGIN: P&B - Land Use to Parks & Schools (PS) for properties northwest of the ORIGINATOR: Chris Hugo, Director intersection of Chester Avenue and 13th Street and two parcels DATE SUBMITTED: July, 2 2001 along the west frontage of Lincoln Avenue north of 13th. 2. CLEA~NCES: (Comment on back if necessa~) 3. EXHIBITS: P&B Director: ~~ o PC Findings & Conclusions City Attorney: - ~ o PC Minutes June 19, 2001 City Clerk: ~~_r o_~ ~ ~ , o StaffRepo~ Fiscal & Budget Council~omm.: ~~ o Ordinance to amend Zoning Map Operations Comm.: ~~, ~~. ~. ENDORSEMENT ~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Breme~on Rezone Appli~tion PL00-0047, proposes to amend the Official Zoning Map of the City of Breme~on for prope~ies no~hwest of the intemection of Chester Avenue and 13th Street and two parcels along the west frontage of Lincoln Avenue no~h of 13th by changing the zoning classification to Parks & Schools (PS) to refle~ the current Comprehensive Plan Map, Schools (S) designation for this same area. It is in the public interest to approve this rezone request, as it would bring the Zoning designation into consistency with the Comprehensive Plan designation, as required by the State Gro~h Management A~. The Planning Commission has reviewed this proposal, conducted a public hea~ng and adopted Findings & Conclusions at their June 19, 2001 meeting, and recommends City Council approval. The Council must condu~ a public hearing prior to its final decision and action on the proposed O~inance. 5. RECOMMENDATION: Move ,o pass the attached Ordinance # '/"~ 7 ?0 on second reading. ~~ (~ 0~~, 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AM q D~D~i~__~ COUNCIL DIRECTIVE: DATE: "~""..-~ ' S. AGENDA BILL NO.: 0/-/5;~ 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the proposed zone change is denied, the city would not achieve the planned expansion of the Olympic College facilities as designated in the Comprehensive Plan. Further, a denial could potentially subject the city to challenges that it did not enact zoning consistent with the Comprehensive Plan as mandated by State law. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits ORDINANCE NO. /--/77° AN ORDINANCE of the Bremerton City Council amending the Official Zoning Map of the City of Bremerton, Washington, from Medium Density Residential (CBR) to Parks & Schools (PS) for properties northwest of the intersection of Chester Avenue and 13th Street and two parcels along the west frontage of Lincoln Avenue north of 13th. The City Council of Bremerton makes the following findings: WHEREAS, The Central Bremerton Land Use Plan map of the 1995 Bremerton Comprehensive Plan designates properties northwest of the intersection of Warren Avenue and 13th Street west to High Avenue as Schools (S); and WHEREAS, The Official Zoning Map designates properties northwest of the intersection of Warren Avenue and 13th Street west to High Avenue as CBR Medium Density Residential; and WHEREAS, The Washington State Growth Management Act stipulates that cities adopt development regulations that are consistent with adopted comprehensive plans. The City of Bremerton enacted revised Zoning Ordinance 21.02 of the Bremerton Municipal Code on April 14, 1997, to satisfy the statutory requirement for regulatory consistency; and WHEREAS, Figure 090 of the Bremerton Zoning Ordinance BMC 21.02 lists the primary zone classifications that "are considered to be consistent with their related Comprehensive Plan designations." The PS zone is listed as the primary zone to implement the School designation of the Comprehensive Plan; and WHEREAS, Olympic College has purchased the subject properties to expand the college facilities as projected in the Campus Master Plan. The Master Plan includes the eventual purchase and expansion to the full block north of 13th between Lincoln and Ohio Avenues; and ?f WHEREAS The seven parcels fronting on 13th Street are projected to receive additional structural college facilities and the two parcel portion of the proposal, fronting on Lincoln Avenue will be utilized for additional parking capacity; and WHEREAS; According to the Land Use Element of the Comprehensive Plan and Figure 090 of BMC 21.02, the appropriate primary zone designation to implement the Schools designation of the Land Use Plan is PS Schools; and WHEREAS, The intention to continue the applicant's development of school facilities in the proposed locations is clearly indicated in the Comprehensive Plan and on the applicant's Campus Master Plan; and WHEREAS, The proposed rezone is appropriate to achieve regulatory consistency and to promote compatible developmeet of the Olympic College district as specified in the Land Use Plan.: now therefore: WHEREAS; the Bremerton Planning Commission, following a public hearing on June 19, 2001, determined that this request is consistent with the Comprehensive Plan and with the City's Rezone criteria, contained in BMC 21.02.920, and has submitted its Findings and Conclusions in support of its recommendation to approve this rezone request; and WHEREAS, the Bremerton City Council conducted a public hearing on July 18, 2001 to accept public comments pertaining to the proposed rezone to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING Section 1: The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning classification from Medium Density Residential (CBR) to Parks & Schools (PS) for properties northwest of the intersection of Chester Avenue and 13th Street and two parcels along the west frontage of Lincoln Avenue north of 13th, as further depicted in attached Exhibit "A". Section 2: This effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW City Council President APPROVED this __ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY City Clerk 3 · "-k~ L-/,,F8 Exhibit A July, 2001 The City of Bremerton Rezone Application PL00-0047, proposes to amend the Official Zoning Map of the City of Bremerton for properties northwest of the intersection of Chester Avenue and 13th Street and two parcels along the west frontage of Lincoln Avenue north of 13th by changing the zoning classification to Parks & Schools (PS) to reflect the current Comprehensive Plan Map designation, Schools (S), for this same area. COMPREHENSIVE PLAN DESIGNATIONS BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL00-0047 OLYMPIC COLLEGE REZONE, CBR TO PS FINDINGS 1. The Central Bremerton Land Use Plan map of the 1995 Bremerton Comprehensive Plan designates properties northwest of the intersection of Warren Avenue and 13th Street west to High Avenue as S Schools. 2. The Official Zoning Map designates properties northwest of the intersection of Warren Avenue and 13th Street west to High Avenue as CBR Medium Density Residential. 3. The Washington State Growth Management Act stipulates that cities adopt development regulations, including zoning designations that are consistent with adopted comprehensive plans. The City of Bremerton enacted revised Zoning Ordinance 21.02 of the Bremerton Municipal Code on April 14, 1997, to satisfy the statutory requirement for regulatory consistency. 4. Figure 090 of the Bremerton Zoning Ordinance BMC 21.02 lists the primary zone classifications that "are considered to be consistent with their related Comprehensive Plan designations." The PS zone is listed as the primary zone to implement the School designation of the Comprehensive Plan. 5. Olympic College has purchased the subject properties to expand the college facilities as projected in the Campus Master Plan. The Master Plan includes the eventual purchase and expansion to the full block north of 13th between Lincoln and Ohio Avenues. 6. The seven parcels fronting on 13th Street are projected to receive additional structural college facilities and the two parcel portion of the proposal, fronting on Lincoln Avenue will be utilized for additional parking capacity. 7. Recent City Council action has completed the vacation of parts of the street rights-of-way for Chester Avenue, north of 13th Street and east of and adjacent to the proposed structural facilities to be located on the seven parcel portion of the proposal. 8. The Staff Report for this rezone application addresses the decision criteria that must be satisfied to approve the proposal. CONCLUSIONS 1. According to the Land Use Element of the Comprehensive Plan and Figure 090 of BMC 21.02, the appropriate primary zone designation to implement the Schools designation of the Land Use Plan is PS Schools. 2. The intention to continue the applicant's development of school facilities in the proposed locations is clearly indicated in the Comprehensive Plan and on the applicant's Campus Master Plan. 3. The proposed rezone is appropriate to achieve regulatory consistency and to promote compatible development of the Olympic College district as specified in the Land Use Plan. / Approved by the Bremerton Planning Commission on /_¢/U~/~: /¢., Attest: l A~y KosC'sko Chris Hugo Chair ~ Secretary CITY OF BREMERTON BUILDING AND PLANNING DEPARTMENT STAFF REPORT ZONING MAP AMENDMENT for Olympic College (P&BD File #: PL00-0047) January 25, 2001 Applicant: Olympic College 1600 Chester Avenue Bremerton, Wash. 98337-1699 Location: This proposal involves nine (9) parcels of land, aggregating approximately one (1) acre, containing empty and condemned housing units. A portion of the proposal (two parcels) are located on the west side of Lincoln Avenue approximately mid block and the remainder portion of the proposal (seven parcels) are located south of and adjacent to the Olympic College Campus, at 1213 13~ Street, on the north side of 13t~ Street between Lincoln Avenue and Chester Avenue. Specifically, the proposal parcels are identified with Tax parcel numbers: 3797-005-005-0005, 3797-005-004-0006, 3797-006-005-0003, 3797-006-006-0002, 3797-006-008-0000, 3797-008-009-0009, 3797-006-010-0105, 3797-006-010-0204, and 3797-006-013-0003. Description: Olympic College has purchased these properties to expand the college facilities as projected in the Campus Master Plan. Currently the nine parcels contain vacated housing units waiting for demolition with subsequent substantial regrading and excavation to level the properties and bring them to the surrounding street grades. The seven parcels fronting on 13th Street are projected to receive additional structural college facilities and the two parcel portion of the proposal, fronting on Lincoln Avenue will be utilized for additional parking capacity. Recent City Council action has completed the vacation of parts of the street rights-of-way for Chester Avenue, north of 13th Street and east of and adjacent to the proposed structural facilities to be located on the seven parcel portion of the proposal. The Campus Master Plan includes the eventual purchase and expansion to the full block north of 13th between Lincoln and Ohio Avenues. Proposal: The applicant's request is for Official Zoning Map amendment in the form of a Rezone application. The proposed end result will be to amend the Official Zoning Map of the City of Bremerton to reflect the current Comprehensive Plan and Map designation of Schools (S) by changing the zoning classification for the same parcels of land from Residential Medium-Density (CBR) to Schools (PS). FINDINGS 1. Surrounding Land Uses: A land use inventory was conducted of the area surrounding the subject property. The College Campus occupies the areas immediately to the east and north of the proposal. Two churches are located in the immediate vicinity .One immediately south of the proposal across 13th Street. Bremerton High School is located one block to the west. The block immediately to the west contains several older stock residential housing units. Additional older stock housing is located to the southwest and southeast of the proposed rezone proposal. Relation to Subject Current Zoning Comprehensive Plan Designation Property North Parks and Schools (PS) Schools (S) South Parks and Schools (PS) and Residential-Medium Density (MDR) Residential-Medium Density (CBR) East Parks and Schools (PS) Schools (S) West Parks and Schools (PS) and Schools (S) Residential-Medium Density (CBR) 2. Proposal: The applicant's request is for an Official Zoning Map amendments. The end result will be to designate the properties involved in the amendment request from single family medium density residential to schools. Specifically, the Comprehensive Plan Map will not be changed as the existing land use designation is Schools(S). The official Zoning Map would be amended to change the zoning from Residential Medium-Density (CBR) to Schools (PS). 3. SEPA Determination: The City of Bremerton annually proposes to amend its Comprehensive Plan and Optimum Land Use Map through city and public initiated amendment applications which will be applied city wide as well as property specific. The Growth Management Act allows amendments to Comprehensive Plans only once a year with few exceptions. Comprehensive Plan Amendments and Rezone application requests are considered non proiect actions which do not propose specific development projects. Throughout the year, applications for Plan amendments are received (often accompanied by related rezones to maintain consistency between the City's Plan and Zoning maps) and collectively placed on a docket for processing in order to assess the "cumulative effects". Those amendments and rezones recommended for approval as a result of the Public Hearing process conducted by the Bremerton Planning Commission are adopted by City Council Ordinance. There is no proposal application for use and development of the property at this time. Further development of approved property specific zone classification amendments that are not categorically exempt pursuant to WAC Chapter 19% 11-800, which will require issuance of a City license or permit, will be subject to future review under SEPA A Determination of Non-Significance was issued for this non proiect action in accordance with WAC 197-11 on January 26, 2001. 2 8. Rezone / Ordinance & Official Map Amendments The procedures to be followed for Zoning Ordinance or Official Zoning Map changes are those found in Section 21.02.920 "REZONE" of the Bremerton Municipal Code (BMC)and Section 21.02.090 "PLAN/ZONING CONSISTENCY" and Section 21.02.100 "SECONDARY ZONES" of the BMC: The City Council may approve a change in zoning classification of property within the City limits by passage of an ordinance, following a public hearing, provided the new zone is consistent with the City's Comprehensive Plan and adopted approval criteria. Approval of a Rezone results in a change to the Official Zoning Map. The Bremerton Municipal Code, Section 21.02.920(d) Criteria for Approval: A Rezone may be approved if all of the following can be answered "YES": (1) Is the proposed Rezone consistent with the Comprehensive Plan? (See Section 21.02.090 "Plan/Zoning Consistency" of this code.) Response: The proposed rezone is consistent with the existing Schools (S) plan classification for the proposal, and additionally for the "island" of property which includes the two blocks of property to the west of the proposal adjoining Bremerton High School, and the block of land extending to the south from 13th as far as 11 th Avenue (currently developed as accessory campus parking) between Lincoln and Ohio Avenues. (2) Is the Rezone justified for one or more of the following reasons? It is in the public interest to approve the Rezone to accommodate needed changes within the immediate vicinity or neighborhood. It will correct a zone classification or boundary that was inappropriate when established. It is a planned step in a phasing process to gradually bring zoning into consistency with the 20-year Comprehensive Plan when appropriate It will place or move an overlay zoning designation without affecting the underlying zone. Response: It is in the public interest to consider approval of this rezone request as it would bring the Zoning Code classification into compliance with the Comprehensive Plan designations and will further correct a zone classification that now appears inappropriate when it was established. Certainly, there would be an argument to be made, that in 1997, when the official Zoning Map was readopted the subject property should have been included in the School land use designations at that time. The college development and growth progression in the intervening years since 1995 indicates there is a need for increasing schools zoning in this area of the City. (3) Is there a public need for the proposed Rezone that will clearly benefit the local neighborhood and/or the community of Bremerton? 3 Response: As basically the singular institute of higher learning available in the regional area, and when coupled with the College's Ambitious Master Plan to maintain that status it is clearly in the best interest of the neighborhood and the larger community of Bremerton and the surrounding "area of influence" to support those efforts to continue provisions for quality, higher, learning opportunities through an aggressive growth program. (4) Are all essential public facilities and services available and adequate, or can be made available, to serve the types and levels of development permitted in the requested zone? Response: All of the utility infrastructure required to support development of this property exists in the area. If there are any deficiencies in the existing infrastructure, whether for roads, water, sewer or storm sewer, the application process for further development of campus facilities will be required to pay for or participate in the expenses required to upgrade the utility or road service systems. (5) Will the area being proposed for rezoning become part of a larger zoning district or form a new district which will not be considered an isolated "spot zone?" Response: The Olympic College request for an Official Zoning Map amendment (Rezone) would continue a land use pattern which would become an extension of the existing schools zoning classification and woulf further bring the zoning classification into the schools designation projected on the 1995 Comprehensive Plan. The Bremerton Municipal Code, Section 21.02.090 "PLAN/ZONING CONSISTENCY" states: Regulations used to implement the Comprehensive Plan, including zoning, must be consistent with the Plan. Figure 090, PRIMARY ZONE CONSISTENCY depicts the relationships between each Plan designation and the primary zones. Response: The current Comprehensive Plan designation of the parcel, Schools (S) includes the proposed Parks and Schools (PS) zone as the primary zone. Application and reclassification of the current zone to Parks and Schools (PS) will achieve consistency between the Comprehensive Plan and the Official Zoning Map, as required by the State's Growth Management Act. RECOMMENDATION:: CONCLUSIONS AND RECOMMENDATIONS WILL BE MADE UPON FURTHER EVALUATION OF PUBLIC TESTIMONY AND ANY OTHER INFORMATION PROVIDED. ADDITIONALLY, AT SOME NEAR FUTURE TIME THIS PROPOSAL WILL BE CONSIDERED AS A SINGULAR NON PROJECT ACTION ALONG WITH OTHER SIMILAR PROJECTS IN ORDER TO ASSESS THE CUMULATIVE EFFECTS FOR PURPOSES OF ANNUAL COMPREHENSIVE PLAN AMENDMENT PROCESS AND ASSOCIATED REZONES. 4 AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: July 25, 2001 the Comprehensive Plan to include a new Land Use policy DEPT. OF ORIGIN: P&B- Land Use allowing front yard setbacks of new residential development to ORIGINATOR: Chris Huqo, Director reflect the established setbacks of existing structures along the DATE SUBMITTED: July, 18 2001 same street frontage. 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: P&B Director: /~~~ ,, o PC Findings & Conclusions City Attorney.;/'~,~'~.~~,___._- , o PC Minutes July 17, 2001 City Clerk: '~',,,-~~'..,~ ,.-- ./'/~' o Staff Report Fiscal & Budget Counc!l Comm.: ./'~'.,~'c-"""~f~ o Ordinance to amend Comp Plan Operations Comm.: E;~.. ~.~,~;82~~-~ ENDORSEMENT ~__ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton Comprehensive Plan Amendment Application PL01-0016, proposes to amend the Comprehensive Plan to include a new policy to: Promote In-character, urban infill development and efficient use of land by allowing the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage. The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. 5. RECOMMENDATION: Move to approve the attached Ordinance # on first reading. Move to pass the attached Ordinance # on second reading. 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AM ET',,I~) E D.~L~ COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: (~/- / (~ 7 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE' If the proposed ordinance is not approved, the city will lose the capability ............. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits 82. ORDINANCE NO. AN ORDINANCE of the Bremerton City Council amending the Bremerton Comprehensive Plan, with the inclusion of a new Policy to promote in-character, urban infill development and efficient use of land by allowing the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage. The City douncil of Bremerton makes the following findings: WHEREAS, the City of Bremerton has adopted its revised Comprehensive Plan by Ordinance 4545 in February 1996; and WHEREAS, the City of Bremerton amended it's revised Comprehensive Plan and Map by Ordinance No. 4606 in September 1997 and by Resolution No. 2702 in August 1999; and WHEREAS, Comprehensive Plan amendments must be adopted by ordinance; and WHEREAS, Goals and Policies of the Bremerton Comprehensive Plan promote infill development and redevelopment within the established fabric of the City; and WHEREAS, the Comprehensive Plan lacks policy guidance to insure that existing community character is maintained as new infill development and redevelopment occurs in established neighborhoods and districts; and WHEREAS, many neighborhoods and districts in Bremerton were developed prior to the enactment of current development standards, and many structures and properties within these areas are non-conforming to these standards; and WHEREAS, new infill development should maintain front yard setback patterns in established residential neighborhoods to compliment existing styles and patterns of development, rather than be forced to comply with current setback requirements; and WHEREAS, the proposed policy to promote the continuation of established front yard setback patterns is relevant to Goals 1. - 6. of the Growth Management Act and satisfies the decision criterion that requires that the Comprehensive Plan be in compliance with the Growth Management Act; and WHEREAS, the proposed policy for compatible infill development and the maintenance of traditional front yards is a necessary addition to the Comprehensive Plan; and WHEREAS, the proposed policy provides an adequate policy foundation for implementing regulations that will allow infill development that is compatible with the existing character of the neighborhood WHEREAS, any changes in development or use potential effected by the amendment will not create significant adverse impacts on existing sensitive land uses, businesses or residences; and WHEREAS, the amendment can be accommodated by all applicable public services and facilities, including transportation; and WHEREAS, the amendment will have no substantive impacts beyond the City limits, nor will it have cumulative adverse impact; and WHEREAS; the Bremerton Planning Commission, following a public hearing on July 17, 2001, determined that this request is consistent with the Comprehensive Plan and has submitted its Findings and Conclusions in support of its recommendation to approve this Comprehensive Plan Policy Addition Amendment; and WHEREAS, the Bremerton City Council conducted a public hearing on August 1, 2001 to accept public comments pertaining to the proposed Comprehensive Plan Policy Addition Amendment to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING Section 1: That the Bremerton Comprehensive Plan is amended to include the following new Plan Element Policy entitled: Community Character, Compatible Development: Promote In-character, urban infill development and efficient use of land by allowing the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage. Section 2: This effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of ,2001. JOHN LAW City Council President APPROVED this ~ day of ,2001. ATTEST: LYNN S. HORTON Mayor KATHLEENMcCLUSKEY City Clerk BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL01-0016: Proposed Comprehensive Plan Amendment to include a new policy to promote in-character, urban infill development and efficient use of land by allowing the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage. FINDINGS: 1. Goals and policies of the Bremerton Comprehensive Plan promote infill development and redevelopment within the established fabric of the City. 2. The Comprehensive Plan lacks policy guidance to insure that existing community character is maintained as new infill development and redevelopment occurs in established neighborhoods and districts. 3. Many neighborhoods and districts in Bremerton were developed prior to the enactment of current development standards, and many structures and properties within these areas are non-conforming to these standards. 4. New infill development should maintain front yard setback patterns in established residential neighborhoods to compliment existing styles and patterns of development, rather than be forced to comply with current setback requirements. 5. The proposed policy to promote the continuation of established front yard setback patterns is relevant to Goals 1. - 6. of the Growth Management Act and satisfies the decision criterion that requires that the Comprehensive Plan be in compliance with the Growth Management Act. CONCLUSIONS: 1. The proposed policy for compatible infill development and the maintenance of traditional front yards is a necessary addition to the Comprehensive Plan. 2. The proposed policy furthers the goals and intents of the Comprehensive Plan and the Growth Management Act. 3. The proposed policy provides an adequate policy foundation for implementing regulations that will allow infill development that is compatible with the existing character of the neighborhood. Approved by the Bremerton Planning Commission Attest: Chris Hugo Chair / Secretary PLANNING AND BUILDING DEPARTMENT 2000 COMPREHENSIVE PLAN AMENDMENT STAFF REPORT PROPOSAL NAME: Policy Addition to Encourage Compatible Residential Infill Development (Maintenance of Traditional Front Yards) REPORT DATE: April 23, 2001 APPUCANT OR PROPONENT (FILE NUMBER): City of Bremerton (PLO 1-0016) CONTACT: Chris Hugo, Director- Planning and Building Department; Phone: 360/478-5243 LOCATION OF PROPOSAL: This proposal will apply to the entire city. BACKGROUND: A substantial number of structures and buildings in Bremerton were constructed pdor to the adoption and enforcement of current laws and regulations pertaining to setback standards and now exist as non- conforming structures. In many cases, setback standards were not an issue as available land was developed and neighborhoods began to take on identities as a result of plans and regulations (or a lack thereof) in place pdor to the current development standards. These long-standing conditions are part of the City's character. The Growth Management Act goals and the Bremerton Comprehensive Plan encourage the efficient use of land for urban development. For residential use, this suggests that smaller lots, higher percentage of lot coverage, and decreased setbacks are appropriate in some neighborhood settings. These site characteristics are prevalent in the Shore Drive, Madrona Point and other established neighborhoods. The 1995 Comprehensive Plan provides no guidance as to how new infill residential developments should relate to this traditional development pattern. As the community continues to grow and strives to attract new residents to these older neighborhoods, development policies are needed to guide compatible infiil development of residential properties. This is particularly critical for the front yard setback that is the most visible site characteristic from public streets. Until a more comprehensive assessment of appropriate development standards for infill residential development is conducted, a policy to maintain traditional front yards will help insure that new infill development fits the character of the area. PROPOSED PLAN AMENDMENT: The following new policy is proposed to ~ include in a new Plan element, Community Character, and section, Compatible Developmen¢. Promote In-character, urban infill development and efficient use of land by allowing the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage. COMPLIANCE WITH GMA GOALS: The proposed policy has relevance to the following GMA goals: Goal 1. Urban Growth; Goal 2. Reduce Sprawl: This proposed policy encourages infill development in the serviced urban area by allowing new residential projects on. parcels that would otherwise be passed over for more easily develoPed sites on the urban periphery. Goal 3. Transportation: Measures to promote infill development and land use efficiency also help promote efficient transportation systems. Goal 4. Housin,q: The availability and cost of housing are both related to efficient utilization of urban land, which are both promoted by this policy. Goal 5. Economic Development: Increasing the city's residential base by attracting infill development adds market opportunity for new economic enterprise. Goal 6. Property Rights: This policy will promote equal regulatory treatment of property that has similar development opportunities as existing developed properties in the vicinity. ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued for this non-proiect action in accordance with WAC 197-11. DECISION CRITERIA: The Comprehensive Plan specifies the procedures and conditions under which amendments to the Plan may be approved. Section 2. D. of Plan Element K. states that "Each component of a Plan amendment package shall be reviewed and approved only if it meets the [following] criteria:" (- the five cdteda are listed on page 2. of Element K. -). The criteria as presented are primarily relevant to map amendments, not policy amendments - only the first criterion seems to apply to this policy amendment and is addressed in the discussion of GMA compliance above. However, the published criteria are the only ones adopted to apply to decisions of this type. AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: July 25, 2001 the Comprehensive Plan, to include a new policy to promote the DEPT. OF ORIGIN: P&B- Land Use adaptive reuse of public and semi-public buildings. ORIGINATOR: Chris Huqo, Director DATE SUBMITTED: July, 18 2001 2. CLEA~NCES: (Comment on back i~ necessa~) 3, EXHIBITS: P&B Director: .~~~ City Attorne~~~ ./ o PC Findings & Conclusions o PC Minutes July 17, 2001 City Clerk: v ~ ~ ~ .~ ~" o Staff iepo~ Fiscal & Budget Council.,Comm.: ~ ~~~ o Ordinance to amend Comp Plan O r ' pe abons Comm.: ENDORSEMENT ~ INFORMATION APPROVED BY COUNClL~~T FOR SUBMITTAL: The City of Bremedon School District Comprehensive Plan Amendment Application PL01-0010, proposes to amend Element E. Land Use, to include a new policy to: Promote the reuse of public and semi-public buildings that are no longer needed to se~e their original prima~ purpose, provided that a new use is consistent with the surrounding planned environment. (Note: The regulato~ measures for implementation of PL01-0010, New Comprehensive Plan Policy addressing Adaptive Reuse of Public and Semi-public Buildings are addressed in PL01-0011, Zoning Text Amendment proposal). The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. 5. RECOMMENDATION' Move to approve the attached Ordinance # on first reading. Move to pass the attached Ordinance # on second readin,q. 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED__ TABLED APPROVED DISAPPROVED AME'N~;D~" COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: L~( - linc~ 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the proposed ordinance is not approved, the city will lose the capability ............. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits ORDINANCE NO. AN ORDINANCE of the Bremerton City Council amending the Bremerton Comprehensive Plan, Element E. Land Use, Section 3.A., to add a new policy to promote the reuse of public and semi-public buildings that are no longer needed to serve their original primary purpose, provided that a new use is consistent with the surrounding planned environment. The City Council of Bremerton makes the following findings: WHEREAS, the City of Bremerton has adopted its revised Comprehensive Plan by Ordinance 4545 in February 1996; and WHEREAS, the City of Bremerton amended it's revised Comprehensive Plan and Map by Ordinance No. 4606 in September 1997 and by Resolution No. 2702 in August 1999; and WHEREAS, Comprehensive Plan amendments must be adopted by ordinance; and WHEREAS, over Bremerton's 100-plus year history, many schools, fire stations, churches and other public and semi-public community buildings have been constructed in locations that serve residential; and WHEREAS, as the community's needs have changed over time, due to changes in demographics, development patterns, or lifestyle preferences, some of these buildings have lost functionality for their original; and WHEREAS, public and semi-public buildings that have lost functionality for their original purpose can often retain economic value if give the opportunity for other uses; and WHEREAS, adding economic life to existing development conserves resources that would otherwise be consumed for new development; and WHEREAS, the opportunity to re-use public and semi-public buildings to extend their economic life needs to be balanced with the potential impact of new occupancy on the surrounding neighborhood; and WHEREAS, the Comprehensive Plan does not include policies that provide a foundation for regulating the conversion of public and semi-public buildings to new uses; and WHEREAS, the proposed new policy for adaptive re-use of public and semi-public buildings expresses the community's interest in extending the economic life of these buildings; and WHEREAS, the proposed new policy expresses an appropriate balance among the community's interests in economic activity, resource conservation, and neighborhood preservation, and WHEREAS, the proposed policy is a necessary addition to the Comprehensive Plan to provide guidance for the regulation of public and semi-public buildings that are proposed for adaptive re-use in neighborhood settings; and WHEREAS, any changes in development or use potential effected by the amendment will not create significant adverse impacts on existing sensitive land uses, businesses or residences; and WHEREAS, the amendment can be accommodated by all applicable public services and facilities, including transportation; and WHEREAS, the amendment will have no substantive impacts beyond the City limits, nor will it have cumulative adverse impact; and WHEREAS; the Bremerton Planning Commission, following a public hearing on July 17, 2001, determined that this request is consistent with the Comprehensive Plan and has submitted its Findings and Conclusions in support of its recommendation to approve this Comprehensive Plan Policy Addition Amendment; and WHEREAS, the Bremerton City Council conducted a public headng on August 1, 2001 to accept public comments pedaining to the proposed Comprehensive Plan Policy Addition Amendment to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING Section l: That the Bremerton Comprehensive Plan is amended to include the following new policy to Element E. Land Use, Section 3.A: ~ u.n.nnrtin_n Pnlici~_~ (6) Promote the reuse of public and semi-public buildings that are no longer needed to serve their original primary purpose, provided that any new use is consistent with the surrounding planned environment. Section 2: This effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this __ day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW City Council President APPROVED this ~ day of ,2001. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY City Clerk BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL01-0010: Proposed Comprehensive Plan Amendment to Element E. Land Use, Section 3.A., to add a new policy to promote the reuse of public and semi-public buildings that are no longer needed to serve their original primary purpose, provided that a new use is consistent with the surrounding planned environment. FINDINGS: 1. Over Bremerton's 100-plus year history, many schools, fire stations, churches and other public and semi-public community buildings have been constructed in locations that serve residential neighborhoods. 2. As the community's needs have changed over time, due to changes in demographics, development patterns, or lifestyle preferences, some of these buildings have lost functionality for their original purpose. 3. Public and semi-public buildings that have lost functionality for their original purpose can often retain economic value if give the opportunity for other uses. 4. Adding economic life to existing development conserves resources that would otherwise be consumed for new development. 5. The opportunity to re-use public and semi-public buildings to extend their economic life needs to be balanced with the potential impact of new occupancy on the surrounding neighborhood. 6. The Comprehensive Plan does not include policies that provide a foundation for regulating the conversion of public and semi-public buildings to new uses. CONCLUSIONS: 1. The proposed new policy for adaptive re-use of public and semi-public buildings expresses the community's interest in extending the economic life of these buildings. 2. The proposed new policy expresses an appropriate balance among the community's interests in economic activity, resource conservation, and neighborhood preservation. 3. The proposed policy is a necessary addition to the Comprehensive Plan to provide guidance for the regulation of public and semi-public buildings that are proposed for adaptive re-use in neighborhood settings. Approved by the Bremerton Planning Commission on""~-' '~k.-)~ /'?£ ~ f . Attest: Chair ~/~~ ~" sCeh rcirSetHaUr¢ o "~ PLANNING AND BUILDING DEPARTMENT 2000 COMPREHENSIVE PLAN AMENDMENT ZONING CODE TEXT AMENDMENT STAFF REPORT PROPOSALS: Policy to allow adaptive reuse of public and semi-public buildings. Zoning Code text amendment to provide the regulatory measures for adaptive reuse. DATE OF REPORT: APRIL 23,2001 APPLICANT OR PROPONENT (FILE NUMBERS): Bremerton School District (PL01-0010; PL01-0011) CONTACT: Chds Hugo, Director- Planning and Building Department; Phone: 360/478-5243 LOCATION OF PROI~3SAL.: This proposal will apply to the entire city. BACXGROUND: Every community has an array of buildings that exist to serve specialized community functions. Many of these are public and semi- public buildings that are located in residential neighborhoods to provide local access to services and activities - schools, fire stations, libraries, churches, and park buildings are common to neighbomood settings in almost every city. The existence of these facilities is recognized as an inherent part of U~e neighborhood fabdc, but changes in urban growth, the emergence'of new technology, and changes in community needs and expectations can make these buildings obsolete for their use or no longer viable for service in their location. In most cases, these public or semi-public buildings were built to high construction standards with very durable materials such as bdck, concrete, stone and steel. As such, they represent a valuable structural resource to adapt to new uses that still serve community needs, either public or pdvate. Cities that recognize the value that these buildings represent in terms of remaining economic life and conservation of construction materials find ways to give the buildings a new life by allowing uses not otherwise permitted in those locations. These new uses are limited to activities that pose minimal environmental and operational impacts on the surrounding areas. Such adaptive reuses are becoming increasingly popular as a strategy to support the revitalization of older urban areas. The 1995 Comprehensive Plan includes no policies to support adaptive reuse. The proposed policy addition is intended to provide an initial foundation for the Zoning Code text amendment to allow adaptive reuse under the conditions proposed, including the requirement for a special use permit pursuant to a public hearing process to insure that issues of compatible use and development are addressed. PROPOSED PLAN AMENDMENT: The following new policy is proposed to add to Element E. Land Use, Section 3.A.: Promote the muse of public and semi-public buildings that am no longer needed to serve their original primary purpose, provided that any new use is consistent with the surrounding planned environment. PROPOSED ZONING CODE AMENDMENT: Proposed new section, BMC 21.02.315- When the need for a certain public or semi-public building in any zone no longer exists, the building may be converted to those uses listed in the zone in which it is located, except that when it is located in any residential zone, it may be changed by special permit to a use atlowed in Figure 140, PO zone, Sections 1., 2., 3., 4., 6., and the following listed uses of Section 11: Consultants, Computer assistance and training (but not repair), Office/Business Assistance Services, and General Offices. The special permit may only be approved after public hearing and a finding that the existing building is suitable for the proposed use and that the proposed use is not unduly detrimental to the surrounding properties. To qualify for the special permit headng, the public or semi-public facility must have been constructed for the stated public or semi-public use and operated as such use for a minimum of five years. COMPUANCE'MTN GMA GOALS: The proposed policy has relevance to the following GMA goals: Goal 1. Urban Growth; Goal 2. Reduce Sprawl: This proposed policy encourages infill development in the serviced urban area by allowing reuse of public and semi-public buildings that no longer are suitable for their odginai purpose. Goal 3. Transportation: Measures to promote infill development through adaptive reuse and urban revitalization also help promote efficient transportation systems. Goal 4. Housin,q: Adaptive reuse of schools and other public and semi-public buildings for housing adds to the availability and affordability of housing. Goal 5. Economic Development: Increasing the city's economic base by attracting infill development through adaptive reuse adds market opportunity for new economic enterprise. Goal 13. Histodc Preservation: Adaptive reuse is a cost-effective mechanism to preserve historic buildings by providing new economic opportunities for the structures. ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued for this nomproiect action in accordance wfth WAC 197-11 on March 17, 2001. DECISION CRITERIA.' The Comprehensive/=lan specifies the procedures and conditions under which amendments to the Plan may be approved. Section 2. D. of Plan Element K. states that 'Eact~ component of a Plan amendment package shall be reviewed and approved only if it meets the [following] criteria:" (- the five criteda are listed on page 2. of Element K. -). The criteria as presented are pdmadly relevant to map amendments, not policy amendments - only the first .criterion seems to al2piy to this policy amendment and is addressed in the discussion of GMA compliance above. However, the published criteria are the only ones adopted to aPl=iY to decisions of this type. ZONING CONSISTENCY: The approval criteda for amendments to the Zoning Code text. relate to internal consistency. The pro¢osed zoning text amendment is intended to iml21ement the proposed adal2tive reuse policy and maintain regulator,/consistency with the Comprehensive Plan. The amendment must also be found to be consistent with ail other provisions of the Zoning Code. AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq to consider an appeal of a FOR AGENDA OF' July 25, 2001 SEPA Determination of Non-significance (DNS) issued at the DEPT. OF ORIGIN: P&B - Land Use request of the City's Building & Planning Department, to amend ORIGINATOR: Chris Hu.qo, Director the Development Standards by modifying open space requirements. DATE SUBMITTED: July, 18 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: P&B Director: (~~~ o DNS City Attorne ..~...,~'~/'- // · o Appeal City Clerk: ~/'~~~ ?//.,_~ o Staff Report Fiscal & Buc~ Co'uncil,,Co~nn~.i / ~ ~_~,./.~' o Written Record Operations(~omm.: ~¢z_~.~,_~. ~_~'~~~_~'~ ENDORSEMENT INFORMATION APPROVED BY COUNCI~'P~ESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENTcFOR COUNCIL ACTION: An Official Zoning Code Text amendment in the form of a Rezone application was received from the City's Building & Planning Department. The applicant's request is for an Official Zoning Code Text amendment in the form of a Rezone application. The proposed end result will be to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, by modifying Section 21.02.750, Open Space, to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. Zoning Text Amendment application requests are considered non-project actions, which do not propose specific development projects. An Appeal of the non-project SEPA Determination of Non-significance (DNS) issued has been received contending that there was an error in issuing the non-project DNS and that a full environmental review (EIS) should have been accomplished. 5. RECOMMENDATION: Move to uphold/deny the Appeal of the DNS, issued April 23, 2001, for Project PL01-0035, 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AME~I~DED,~ ~ COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The subject appeal will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits SEPA regulations From: "HELEN R MILLER" <HELEGEOR@prodigy.net> To: "LORI SMITH" <lsmith@ci.bremerton.wa.us> Date: 7/26/01 8:17PM Subject: Copy of Helen's comments - from draft notes scribe M sends: Helen Miller COMMENTS to the City Council re the Mentor Appeal of the Albertson Project 25 July, 2001 These same comments were applicable to both Appeals: This non-project action proposal would not appear to have a probable significant adverse impact on the environment, if you have visited the site.. It sponsors the question as to whether the appellant's actions in this matter are based on a true regard for the environment and the laws protecting it - or possibly has personal business undertones. It might clarify the issue for all concerned were the appellant to make a public declaration as to the effect of this development as proposed would have on his personal interests. The appeal questions Bremerton's Planning and Building Department NOT having notified the appellant of the issuance of a DNS., when issued. Did the appellant specifically, in writing, request to be notified of the issuance of a DNS? If not, the appellant had the responsibility to read the newspaper - which is deemed to be notice - under the governing RCWs and WACs. The Public Records Act requires a request to be reasonably specific, not general in nature. I request the Council to DENY the appeal of the non-project SEPA Determination. Helen Miller P. O. Box 788 Bremerton, WA 98337 Mentor Law Groupi LLC 1505 WestlakeAvenue North, Suite 300 Seattle, Washington 98109 TEL 206.676.7008 ~^X 206.676.7001 Peter H. Dyks-tra direct 206.676.7095 dykstra~mentorlaw.com July 25,2001 City Council City of Bremerton 239 - 4th St. Bremerton, WA 98337 Re: Written Testimony on Behalf of Eldorado Hills, Inc. for Appeal of Determination of Non-Significance for City of Bremerton Text Amendment Request To Amend Open Space Requirements Dear City Councilmembers: Our firm represents Eldorado Hills, Inc., the owner of Perry Avenue Mall. Tonight you are being asked to approve two text amendments of the City's Zoning Code. One concerns the parking ratio requirements for Food Stores and Supermarkets in the City, and the other concerns the calculations for Open Space Requirements for any development in excess of one gross acre. Fundamentally, these text amendments also involve another proposal by Albertsons Stores, Inc., currently pending before the City Planning Department. Albertsons has submitted an application for Site Plan Review and SEPA processing of a proposed new 50,000+ sq. ft. complex on the northeast corner of Wheaton Way and Sheridan Road. We are greatly concerned about the environmental impacts of the development proposed by Albertsons at this location. It is clear that any such development requires an analysis of all environmental impacts and those of any alternatives before the proposal may be approved. We have appealed the Determinations of Non-Significance ("DNSs") the City staff issued on the two text amendments. This appeal concerns the DNS for the text amendment proposed by the City but instigated for the Albertsons project. The law requires that the environmental review for this text amendment be conducted in concert with the environmental review of the entire Albertsons proposal. City staff has already determined that the Albertsons project will have significant environmental impacts, without considering the impact from this text amendment. See Exhibit 1. The City Council must require the City staff to revisit its environmental review of this text amendment. The law requires further Bremerton City Council July 25, 2001 Page 2 environmental review of the text amendment and the Albertsons project together as a single action. City staff has characterized the proposed text amendment regarding the open space requiremen.ts as separate from the proposed development and as a "city-wide" amendment. Although the change will have city-wide impacts, the characterization that it is separate from the Albertsons proposal is false. The City proposed the text amendment during the course of reviewing the Albertsons project and Albertsons has indicated its need for the proposed amendment in order to complete the project. See Exhibit 2. To claim that the text amendment proposal is separate from the Albertsons development proposal, regardless of whether it will also change open space requirements for other developments in the City, is disingenuous. Moreover, the City's decision to separate the text amendments from environmental review of the Albertsons project is a violation of SEPA's clear prohibition on phased review or segmentation of review. See WAC 197-11- 060(3); see Exhibit 3. Phased review or segmentation is not appropriate for two proposals "related to each other closely enough to be, in effect, a single course of action." WAC 197-11-060(3)(b). Where they are closely related, the actions must be reviewed in the same environmental analysis. Id. The text amendment proposed by the City and the Albertsons development proposal clearly meet the requirements that these actions be reviewed as a singled course of action. SEPA prohibits a governmental agency from moving forward with a particular course of action until a threshold determination and subsequent environmental impact analysis, if any, is completed. WAC 197-11-055(2)(c). Where a rezone, text amendment or other zoning change is connected to a project proposal that has the potential to more than moderately affect the environment, an EIS must be done at the rezone stage. See Indian Trails Property Owner's Association v. Spokane, 76 Wn. App. 430, 440 (1994). We believe that the City's attempt to cast the changes in this text amendment as "city-wide" and separate from the Albertsons project is an attempt to avoid considering the environmental impacts of the text amendments cumulatively with the environmental impacts of the Albertsons project. Albertsons needs the text amendments for its project to move forward, and the text amendments are driven by the Albertsons proposal. Therefore, the environmental impact of these amendments must be considered as an integral part of the proposal. A DNS that does not consider the cumulative impacts of the entire project is insufficient to comply with SEPA. Full environmental review of the text amendments and the proposed Albertsons development, together as a single action, is required before either the Bremerton City Council July 25, 2001 Page 3 text amendments or the development proposal can be approved. The City should not approve the proposed text amendments until SEPA review is completed for the entire Albertsons proposal. The DNS for the Open Space Text Amendment does not comply with SEPA's requirements. We respectfully request that the City Council withdraw the DNS regarding the text amendment proposed by the City and have the environmental review of the text amendment done in concert with the review of the entire Albertsons project. Anything less flies in the face of both the letter and spirit of SEPA. Thank you for your consideration. Sincerely, MENTOR LAW GROUP, PLLC ETER H. DYKSTRA CC: Eldorado Hills, Inc. CITY OF BREMERTON ~,. BUILDING AND PLANNING DEPARTMENT MI:TliGATED D:ETER. MINATION OF NONSIG.NIFICA. NCE Environmental Application No. PLO 1-003 l Parcel No. ! 22401-2.038-2005 Date issued: June 21, 2001 Revised July 13, 2001, to reflect language clarification comments received prior to Comment Period Deadline. ACTION: Commercial Site Plan review: Albertsons Grocery. Store, ancillary. Retail Shops structure, and Fuel Center. PROPOSAL: Albertsons, Inc. proposes to redevelop a six (6) acre portion of the former Bremerton Middle School site. The project proposal includes construction of a new 51,150 square foot, full service Albertsons Grocery Store. an 11,300 square foot ancillary structure for retail shops, and a 1,814 square foot "A-Express" fuel center. Public roadway improvements, associated parking, landscaping and utility infrastructure improvements are also proposed. LOCATION: The project site is located at the northeast corner of Wheaton Way (SR303) and Sheridan Road in the NW Quarter. of Section 12, Township 24 North, Range 1 East, W.M. PROPONENT: Albertsons, Inc. The Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the environmental checklist and attachments, other information on file with the City of Bremerton, and the policies, plans, and regulations designated by the CiO of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy. Act (SEPA) pursuant to RCW 43.21C.060. FINDINGS OF FACT: I. Proposal is for the construction of a new 51,150 square foot. full service Albertsons Groce~ Store. an 11.300 square foot ancillary, structure tbr retail shops, and a 1.814 square foot "A-Express" fuel center with underground fuel storage tanks. Associated site development includes ~e export of approximately 7.000 cubic yards of excavated material, and the importation and ~'ading of approximately 2,200 cubic yards of sub-base material for impervious surface placement. Approximately 85% of the proposed development area will be covered with impervious surfaces including provisions for parking 260 vehicles. Public roadway improvements, associated parking, fencing, landscaping and utility infrastructure improvements and an on-site storm water/drainage system are also proposed. The project xvill be served by public water and 2. The proposal is located on a six (6) acre portion of the former Bremerton Middle School site. located at the northeast corner of Wheaton Way (SR-303) and Sheridan Road. Topographically. the site is relatively fiat and is devoid of any significant vegetation. No wetlands or surface waters are located on the site. The project [s located in a General Business (GB) zone classification and land use in the vicinity' includes some mixed use strip commercial on both sides of SR-303 (Wheaton Way). Improved ball fields are located immediately east of the project and school facilities remain functional on the north side of the proposal site. A Traffic Impact Analysis was prepared by Gibson Traffic Consultants and presented for review February. Supplemental traffic analysis repons were prepared on April 26. 2001 and on May 26. 2001. The reports analyzed the impacts of traffic generated from the proposed commercial development on the street system serving the proposed project. The proposed development at full occupancy, is expected to result in an increase of 3.915 daily vehicle trips, including 366 vehicle trips during the PM peak hour. The Engineering Division of the City of Bremerton has determined that tile proposal may result in significant impacts to the City's transportation ~stem and that improvements to the transportation ~'stem will be necessa~ to accommodate the development. Potential significant impacts associated with increased traffic generated by this development will be adequately mitigated through compliance with the traffic mitigation measures listed in the MITIGATION section of this Mitigated Determination. E r cr MITIGATION: The Responsible Official has determined that the proposal, as modified, July 13, 2001, for language clarification, does not have a probable significant impact on the enviromnent, and an Environmental hnpact Statemem (ELS) is not required under RCW 43.2 lC.030(2)(c), cmly if the fc~llnwing cnndilicm~ are met This decision was made after review of comments received pr;or to the expiration of tile comment period, a completed environmental checklist, other information on file with tile CiW of Bremerton. and existing regulations. This information is available to the public on request. These mitigation measures are required as authorized under the Substantive Authority of SEPA in accordance with the guidelines contained in Chapter 21.12 of tile Bremerton Municipal Code and shall be implemented by tile Proponent. 1, Traffic .Mitigation: 1-1. The Proponent will be required to participate in providing two left-turn lanes from southbound SR303 to eastbound Sheridan Road and eliminating the two-way [eft turn lane (and associated left turn from SR303 southbound to the North Access Road eastbound) as mitigation for their traffic impacts at such time that the Cie,,' constructs tfus improvement. Tile Proponent will be required to financially contribute on a fair share basis to the cost of associated improvements at the Sheridan Road/SR.303 intersection at that time. See the following Item l-lA. Financing Requirements for a description of tile method to be used for ROW valuation and cost-sharing. The Proponent will be required to enter into an agreement with the Citw regarding their contribution to this capital project prior to issuance of development permits. ROW intended for future dedication to the City (e.g.. New Spruce Street Extension) will be constructed m per the project plan dated 6/6/01 and accordance with the City's 2001 Standards. l-lA. Financing Requirements. The Proponent xvill utilize tile following method for calculating tile value of dedicated ROW and estimating the Applicant's fair share: Dedicated land needed for future projects O.e. Sheridan/SR303 intersectmn improvements and Sheridan/New Spruce Street Ext. intersection improvements) will be determined on a per square foot basis from a certified appraisal done at the time of the improvements. If land is dedicated, the land value will be credited against the Proponent's proportionate share of each improvement. The Proponent's proportionate share of such improvements will be determined by a traffic study conducted by the City in the year proceeding start of construction on of the project. At the option of and for the convemence of the Proponent. the Ci~ will accept financial payment from the Proponent earlier than commencement of construct;on for either anticipated capital prOJect. If such pre-payment is desired by tile Proponent. the Proponent must agree in writing that ~t has reviexved the case law on Benchmark Land Company vs. City of Battle Ground (103 Wash. App. 72 [. 14 P. 3~d 172. December 2000) and acknowledges that such pre-payment is proport;onate to tile impact and within the nexus of the project. The amount of such pre-payment will be equivalent to the proportion of tile Proponent's traffic impact (trips during the PM peak hour) as compared to the total traffic through the intersection times the cost of those improvements directly related to the Proponent's traffic. The proportion of the Proponent's traffic impact ~s estimated lo be approximately -I.. 1% for the Sheridan and SR303 intersection (June 26. 2001 Gibson Traffic Consultants letter to Atbertsons). The estimated cost of construction for tile future capital prOJect soley for those components which are attributable to tile Proponent's traffic (i.e. road widening. channelizat;on, center banner, new signal, curb gutter, and sidewalk) is $676.000 based on a Seattle ENR-CCI of 760() The payment amount will be adjusted in accordance with tile current Seattle ENR-CCI and/or an updated Engineering cost estimate, with the method to be determined by tile City The proportion of the Proponent's traffic impact is estimated to be approximatel? 30.5% for the Sheridan and New Spruce Street intersection (based on model output included m the May 26. 21)01 GTC memorandum). The estimated cost of construction for project components attributable to the Proponent's tralTic (i.e. new signal and pedestrian crossings) is $234.000 based on a Seattle ENR-CCI of 761)0 The payment amount will be adjusted in accordaace with the current Seattle ENR-CC[ and/or an updated Engineering cost estimate, with the method to be determined by thc City. A ?his Modified Mitigated Determination of Nonsignificance (MDNS) is issued under WAC 197-11-350. The Responsible Official has reconsidered the June 22. 2001 MDNS based on timely comments and has elected to retain, with language modifications for :larification, the MDNS. As the MDNS, with modifications, is being retained it is being reissued as a final document with no :omment period. No permits may be issued, and the applicant shall not begin work, until the comment deadline has expired and any ,ther necessa~ permits are issued. ~esponsible Official: Christopher R. Hugo. Director .~ad Agent': Ciw of Bremerton Building and Planning Department City. of Bremerton. Permit Center 286 4th Street Bremerton. Washington 98337 (360) 478-5275 )ate of Re-Issue: July 16, 2001 )ate of Re-issue Publication: July 18. 2001 2omment Deadline: Re-issued with no comment period. X. ppeal Deadline: August 1. 2001 qOTE: Pursuant to RCW 43.21C.075 and City. of Bremerton Environmental Regulations. Bremerton Municipal Code (BMC) 2hapter 21.12. Decisions of the Responsible Official may be appealed. Appeals are filed with appropriate fees at the Building and ~lanning Department. located at the Bremerton ?emit Center. Appeals must be filed within 14 days of the Date of Re-issue. qOTE: The issuance of this Modified Mitigated Determination of Nonsignificance does not constitute project approval. The t@@licant must comply with all other applicable requirements of City. of Bremerton Departments prior to receiving construction ~ermits. 724MI)NSMIT.DOC Pacific Land Design Chris Hugo HAR 2 1 2001 Planning Director BREMER~G.~ City of B remerton BUIL01NG DEP~RTMEN:' 286 Fou~h Street Breme~on, Washington 98337 Subject: Proposed Albe~sons Store; Breme~on, Washington Dear Mr. Hugo: Thanks for making yourself available to meet with the Albe~sons project team today. We felt the meeting was ve~ produ~ive toward resolving the regulato~ constraints to allow this project to move fo~ard. At the conclusion of our meeting today, we submitted, on behalf of Albe~sons, seven full size copies of the revised Site Plan ~SB, prepared by Donahou Design Group. As requested, seven 11 "xl 7' reduced scale copies are enclosed. This revised Site Plan supersedes the previously submi~ Site Plan, which was formally rescinded by Albe~sons on March 15~. Therefore, this revised plan should be the basis for the Ci~'s SEPA analysis and Site Plan Review. Based on our meeting today, we understand that the Site Plan issues discussed last week will be resolved as follows: 1. Parking: Albertsons desires to achieve a parking ratio of 5 stalls per 1,000 SF gross building area, consistent with current Zoning Code requirements. However, due to the site constraints on this redevelopment property, this ratio is not possible. We understand that there is no administrative flexibility regarding the minimum parking requirements per code. Therefore, we have previously requested a Zoning Code Text Amendment on this issue. We understand from our discussion today that the Text Amendment will be considered by the Planning Commission at a public meeting to be held April 10th, followed by a public hearing at the City Council approximately one month later. 2. Public Roadways/Right-of-Way Dedication: The project proposal includes R.O.W. dedication and the construction of 3/~ street improvements to public arterial standards along the eastern project limit. This is consistent with the language of the Comprehensive Plan Amendment and Rezone of the subject parcel (Resolution #98- 02), which require a new public street to extend northward from Sheridan Road. We understand that the City has considered the possibility of another p~blic roadway Page 2 Chris Hugo March 20,2001 construction/dedication on the northern limit of the property, between the previously described new roadway north of Sheridan and Wheaton Way. However, as we have discussed, such a dedication is not possible on the project site, due to the limited site area to support the proposed store, parking, and landscaping. Therefore, such a dedication is not included in the Albertsons project proposal. The Site Plan, as submitted, provides the necessary access for customer traffic, service vehicles, and emergency vehicles through commercial standard driveways and parking lot circulation. Furthermore, the establishment of a public "grid" road at this location does not seem to be required in either Comprehensive Plan recommendations for the Wheaton Way corridor, or the Comprehensive Plan/Rezone of the subject site. Nonetheless, we understand that the City may seek a commitment from the school district to develop such a roadway in the future, at such time that the balance of the school district property is redeveloped. We have no objection to the City pursuing such a commitment, provided that it does not delay the review and approval of the proposed Albertsons project. 3. Front Yard Setbacks: Since this project will be dedicating right-of-way for a new public roadway at the eastern project limit, it will have frontage on two parallel public streets. We understand that the City normally considers both such street frontages to require a "front yard" setback. However, Section 21.02.160(a)(2) provides that the Director may grant an Administrative Exception to this requirement if several criteria are met. This project does indeed meet these criteria of having an entire frontage consist of a single property (Spruce Street extension), and that the buildings would be clearly oriented in a similar direction away from the site being considered for designation as the rear lot line. Therefore, we understand that the City will consider issuing an Administrative Exception to allow the proposed Spruce Street extension right-of-way to be considered a rear lot line. We have previously submitted a Text Amendment to revise the required building setbacks. In the event that the City does not grant the Administrative Exception described above, we understand that a Text Amendment would be considered by the Planning Commission at a public meeting scheduled for April 10th. 4. Open Space: We understand that commercial developments, such as proposed, are subject to various landscaping requirements. These include parking lot buffers, interior parking lot landscaping, and street trees. We further understand that Section 21.02.750 of the Zoning Code requires a minimum of 15% of the site be retained as open space, exclusive of the above referenced landscaping areas. As we have discussed, this section of the Zoning Code seems to be inconsistent with the balance of the development criteria and the Comprehensive Plan. Therefore, we understand the City .Planning staff will initiate a Zoning Code Text Amendment to eliminate this open space provision. We understand that the Planning Commission will consider this Text Amendment at a public meeting scheduled for April 17th. Page 3 Chris Hugo March 20, 2001 We appreciate the staff's willingness to work together with the Albertsons team to resolve these development criteria such that the Albertsons project can proceed forward. If our understanding of the resolution described above is inconsistent with your own, please let us know immediately. Otherwise, we anticipate that the City will complete it's SEPA review, and issue its determination within the next week, so the appeal period can be completed prior to the scheduled public meetings. Thanks again for your assistance. If you need any additional information to complete the SEPA review, please let us know. Sincerely, ~'(m Towslee, P.E. Principal DJT:jj cc: Don Barker, Albertsons Peter Powell, Powell Development Walt Draper, Bremerton School District 017334-23A/brabch It02 SEPA Rules (5) An overall decision to proceed with a course of action use of shoreline and land use contxols; purchase of floodprone nay involve a series of actions or decisions by one or more areas; or relocation assistance." gencies. If several agencies have jurisdiction aver a proposal, (b) Proposals or parts of proposals that are related to each ~ey should coordinate their SEPA processes wherever other closely enough to be, in effect, a single course of action ossible. The agencies shall comply with lead agency shall be evaluated in the same environmental document. etermination requirements in WAC 197-11-050 and 197-11- (Phased review is allowed under subsection (5)). Proposals or 22. parts of proposals are closely related, and they shall be (6) To meet the requirement to insure that environmental discussed in the same environmental document, ff they: alues and amenities are given appropriate consideration along (i) Cannot or will not proceed unless the other proposals ~ith economic and technical considerations, environmental (or parts of proposals) are implemented simultaneously with ocuments and analyses shall be circulated and reviewed with them; or ther planning documents to the fullest extent possible. (ii) Are interdependent parts of a larger proposal and (7) For their own public proposals, lead agencies may depend on the larger proposal as their justification or for their xtend the time limits prescribed in these rules, implementation. gtatutory Authority: 1995 c 347 (ESI-IB 1724) and RCW (c) (Optional) Agencies may wish to analyze "similar actions" in a single environmental document. 3.21C. 110. 97-21-030 (Order 95-16), § 197-11-055, filed 0/10/97, effective 11/10/97. Statutory.Authority: RCW (i) Proposals are similar if, when viewed with other 3.21C.110. 84-05-020 (Order DE 83-39), § 197-11-055, filed reasonably foreseeable actions, they have common aspects that /10/84, effective 4/4/84.] provide a basis for evaluating their environmental consequences together, such as common timing, types of impacts, alternatives, or geography. This section does not WAC 197-11-060 Content of environmental review. (1) require agencies or applicants to analyze similar actions in a :.nvironmental review consists of the range of proposed single environmental document or require applicants to prepare :ctivities, alternatives, and impacts to be analyzed in an environmental documents on proposals other than their own. · nvironmental document, in accordance with SEPA's goals and (ii) When preparing environmental doctmaents on similar ~olicies. This section specifies the content of environmental · eview common to all environmental documents required under actions, agencies may find it useful to define the proposals in ;EPA. one of the following ways: (A) Geographically, which may (2) The ~ontent of environmental review: include actions occurring in the same general location, such as (a) Depends on each particular proposal, on an agency's a body of water, region, or metropolitan area; or (B) :xisfiag planning and decision-making processes, and on the generically, which may include actions which have relevant ime when alternatives and impacts can be most meaningfully similarities, such as common timing, impacts, alternatives, ~valuated; methods of implementation, environmental media, or subject matter. (b) For the purpose of deciding whether an EIS is required, s specified in the environmental checklist, in WAC 197-11- (4) Impacts. 530 and 197-11 ~,~.~; (a) SEPA's procedural provisions require the consideration (c) For an environmental impact statement, is considered of "environmental" impacts (see definition of "environment" in WAC 197-11-740 and of"impacts" in WAC 197-11-752), with ts "scope" (WAC 197-11-792 and Part Four of these rules); attention to impacts that are likely, not merely speculative. (d) For any supplemental environmental review, is ;pecified in Part Six. (See definition of "probable" in WAC 197-11-782 and 197-11- (3) Proposals. 080 on incomplete or unavailable information.) (a) Agencies shall make certain that the proposal that is the (b) In assessing the significance of an impact, a lead ~ubject of environmental review is properly defined, agency shall not limit its consideration of a proposal's impacts only to those aspects within its jttrisdiction, including local or (i) Proposals include public projects or proposals by state boundaries(seeWAC 197-11-330(3)also). agencies, proposals by applicants, ff any, and proposed actions and regulatory decisions of agencies in response to proposals (c) Agencies shall carefully consider the range of probable impacts, including short-term and long-term effects. Impacts by applicants, shall include those that are likely to arise or exist over the (ii) A proposal by a lead agency or applicant may be put forward as an objective, as several alternative means of lifetime of a proposal or, depending on the particular proposal, accomplishing a goal, or as a particular or preferred course of longer. action. (d) A proposal's effects include direct and indirect impacts caused by a proposal. Impacts include those effects resulting (iii) Proposals should be described in ways that encourage from growth caused by a proposal, as well as the likelihood that considering and comparing alternatives. Agencies are the present proposal will serve as a precedent for future actions. encouraged to describe public or nonproject proposals in terms of objectves rather than preferred solutions. A proposal could For example, adoption of a zoning ordinance will encourage or tend to cause particular types of projects or extension of sewer be described, for example, as "reducing flood damage and lines would tend to encourage development in previously achieving better flood control by one or a combination of the unsewered areas. following means: Building a new dam; maintenance dredging; [Ch. 197-11 WAC--p. 4] WAC (4/15/98) SEPA Rules (e) The range of impacts to be analyzed in an EIS (direct, [Statutory Authority: 1995 c 347 (ESHB 1724) and RCW indirect, and cumulative impacts, WAC 197-11-792) may be 43.21C.110. 97-21-030 (Order 95-16), § 197-11-060, filed ~v/der ttuan the impacts for which mitigation measures are 10/10/97, effective 11/10/97. Statutory Authority: RCW required of applicants (WAC 197-11-660). This will depend 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-060, filed upon the specific impacts, the extent to which the adverse 2/10/84, effective4/4/84.] impacts are attributable to the apphcant~s proposal, and the capability of apphcants or agencies to control the impacts in WAC 197-11-070 Limitations on actions during S£PA each situation, process. (1) Until the responsible official issues a final (5) Phased review, determination of nonsignificance or final enviromnental impact (a) kead agencies shall determine the appropriate scope statement, no action concerning the proposal shall be taken by a and level of detail of environmental review to coincide with governmental agency that would: meaningful points in their planning and decision-making (a) Have an adverse environmental impact; or processes. (Se~ WAC 197-11-055 on timing of environmental (b) Limit the choice of reasonable alternatives. review.) (2) In addition, certain DNSs require a fourteen-day period (b) Environmental review may be phased. If used, phased prior to agency action (WAC 197-11-340(2)), and FEISs review assists agencies and the public to focus on issues that require a seven-day period prior to agency action (WAC 197- are ready for decision and exclude /rom consideration issues 11-460(4)). akeady decided or not yet ready. Broader environmental (3) In preparing environmental documents, there may be a documents may be followed by narrower documents, for need to conduct studies that may cause nonsigmficant example, that incorporate pr/or general discussion by reference environmental impacts. If such activity is not exempt under and concentrate solely on the issues specific to that phase of the WAC 197-11-800(18), the activity may nonetheless proceed ff proposal, a checklist is prepared and appropriate rmtigation measures (c) Phased review is appropriate when: taken. (i) The sequence is from a nonproject document to a (4) This section does not preclude developing plans or document of narrower scope such as a site specific analysis designs, issuing requests for proposals (RFPs), securing (see, for example, WAC 197-11-443); or options, or performing other work necessary to develop an (ii) The sequence is from an environmental document on a apphcation for a proposal, as long as such activities are specific proposal at an early stage (such as need and site consistent with subsection (1). selecUon) to a subsequent environmental document at a later [Statutory Authority: 1995 c 347 (ESHB 1724) and RCW stage (such as sensitive design impacts). 43.21C.110. 97-21-030 (Order 95-16), § 197-11-070, filed (d) Phased review is not appropriate when: 10/10/97, effective 11/10/97. Statutory Authority: RCW (i) The sequence is fi.om a narrow project document to a 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-070, filed broad policy document; 2/10/84, effective 4/4/84.] (ii) It would merely divide a larger system into exempted WAC 197-11-080 Incomplete or unavailable information. (1) tSagments or avoid discussion of cumulative impacts; or If information on significant adverse impacts essential to a (iii) It would segment and avoid present consideration of reasoned choice among alternatives is not known, and the costs proposals and their impacts that are required to be evaluated in of obtaining it are not exorbitant, agencies shall obtain and a single environmental document under WAC 197-11-060 include the information in their environmental documents. (3)(b) or 197-11-305(1); however, the level of detail and type (2) When there are gaps in relevant information or of environmental review may vary with the nature and timing scientific uncertainty concerning significant impacts, agencies of proposals and their component parts, shall make clear that such information is lacking or that (e) When a lead agency knows it is using phased review, it substantial uncertainty exists. shall sostateinitsenvironmentaldocument. (3) Agencies may proceed in the absence of vital (f) Agencies shall use the environmental checklist, scoping information as follows: process, nonproject EISs, incorporation by reference, adoption, (a) If information relevant to adverse impacts is essential to and supplemental EISs, and addenda, as appropriate, to avoid a reasoned choice among alternatives, but is not kmown, and the duplication and excess paperwork, costs of obtaining it are exorbitant; or (g) Where proposals are related to a large existing or (b) If reformation relevant to adverse impacts is important plmmed network, such as highways, streets, pipelines, or utility to the decision and the means to obtain it are speculative or not lines or systmns, the lead agency may analyze in detail the known; overall network as the present proposal or may select some of Then the agency shall weigh the need for the action with the future elements for present detailed consideration. Any the severity of possible adverse impacts which would occur if phased review shall be logical in relation to the design of the the agency were to decide to proceed in the face of uncertainty. overall system or network, and shall be consistent with this If the agency proceeds, it shall generally indicate in the section and WAC 197-11-070. appropriate environmental documents its worst case analysis WAC (4;15/98) [Ch. 197-11 WAC -p. 5] CITY OF BREMERTON BUILDING AND PLANNING DEPARTMENT DETERMINATION OF NONSIGNIFICANCE Environmental Application No: PL01-0017 Parcel No's: City-wide Date issued: April 26, 2001 Date published: April 27, 2001 ACTION: OFFICIAL ZONING CODE TEXT AMENDMENT PROPOSAL: The applicant's request is for Official Zoning Code Text amendment in the form of a Rezone application. This zoning code text amendment proposal, if approved, would be implemented on a city-wide basis. The proposed end result will be to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, by modifying Section 21.02.750, Open Space, to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. LOCATION: This Zoning Code Text amendment proposal applies to all development of sites within the city with a gross area greater than one acre. PROPONENT: City of Bremerton, Building & Planning Department 286 4th Street Bremerton, Wash. 98337 The Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the environmental checklist and attachments, other information on file ~vith the City of Bremerton, and the policies, plans, and regulations designated by the City of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) pursuant to RCW 43.21 C.060. FINDINGS OF FACT: 1. The City has received an application for a Zoning Code Text amendment. This zoning code text amendment proposal, if approved, would be implemented on a city-wide basis. The proposed end result will be to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, by modifying Section 21.02.750, Open Space, to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. 2. Zoning Text Amendment application requests are considered non project actions which do not propose specific development projects. Throughout the year, applications for zoning text amendments can be submitted. Those zoning text amendments recommended for approval as a result of the Public Hearing process conducted by the Bremerton Planning Commission are adopted by City Council Ordinance. /00 3. A SEPA review check list has been reviewed for this non-project zoning text amendment proposal. Further development of property effected by this specific zoning text amendment that is not categorically exempt pursuant to WAC Chapter 197-11-800, and, which will require issuance of a City license or permit, will be subject to future review under SEPA. 4. An Environmental Impact Statement, for the Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code was adopted by City of Bremerton Ordinance #3934, February 13, 1997, in which Open space requirements were addressed. CONCLUSIONS OF RESPONSIBLE OFFICIAL: The Responsible Official concludes, based on a review of application materials and a review of City regulations goveming the proposal, that this non-development project action proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This Determination of Nonsignificance (DNS) is issued under 197-11-340(2). The lead agency will not act on this proposal for 15 days from the date of issue. Comments must be submitted by closing of the comment deadline. The Responsible Official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. No permits may be issued, and the applicant shall not begin work, until the comment deadline has expired and any other necessary permits are issued. Responsible Official: Christopher R. Hugo, Director, Building and Planning Department Lead Agency: City of Bremerton, Building and Planning Department City of Bremerton, Permit Center 286 4th Street Bremerton, Washington 98337 (360) 478-5275 Date of Issue: April 26, 2001 Comment Deadline: May 10, 2001 Date of Publication: April 27, 2001 . Appe~ Deadline: May 23, 2001 C~i~topher~ugo, Respon~iblTfficial NOTE: Pursuant to RCW 43.21C.075 and City of Brefnerton Environmental Regulations, Bremerton Municipal Code (BMC) Chapter 21.12. Decisions of the Responsible Official may be appealed. Appeals are filed with appropriate fees at the Building and Planning Department, located at the Bremerton Permit Center. Appeals must be filed within 14 days of the expiration of the comment deadline. You may APPEAL this determination to: Bremerton City Council NO LATER THAN: May 23, 2001. You should be prepared to make specific factual objections. Contact: Lee A. Wyatt to read or ask about the procedures for SEPA appeals. Phone:(360) 478-5275 NOTE: The issuance of this Determination of Nonsignificance does not constitute project approval. The applicant must comply with all other applicable requirements of City of Bremerton Departments prior to receiving construction permits. M L G cn[or aw roup TEL 206.676.7008 FAX 206.676.7001 Peter H. Dykstra direct 206,676.709~ dykstra~mcn tozlaw.c om June 6, 2001 Mr. Chris Hugo Department of Community Development City of Bremerton 286 - 4th St. Bremerton, WA 98337 Re: Amended Appeal of Determinations of Non-Significance for AIbertsons Stores Text Amendment Request To Amend Parking Ratio for Food Stores and Supermarkets and City of Bremerton Text Amendment Request to Modify Open-Space Requirements Dear Mr. Hugo: As you requested, a~ached please find amended appeal forms from Eldorado Hills, Inc. The amended forms concern the appeal of the Determinations o£ Non-Significance for Albertsons Stores Text Amendment Request To Amm"td Parking Ratio for Food Stores and Supermarkets m"td City of Bremerton Text Amendmem Request to Modify Open-Space Requirements apparently issued by the City on April 23, 2001, and April 26, 2001, respectively, previously filed by Eldorado Hills, Inc. As we understand your position, the City believes that two separate appeals are required for a party to appeal the City's action on these Determinations of Non-Sigrdficance. We do not believe the Bremerton Municipal Code requires separate filings. Bremerton Municipal Code 21.02.395(g) simply requires that an appeal identify the subject of the appeal. Eldorado Hills, Inc.'s original appeal fulfilled those requirements by clearly identifying the subject of the appeal. Nowhere does the Code require separate appeals or appeal fees for more than one subject being appealed. We believe the Code to be quite clear, and our client's original appeal was in full compliance with its requirements. Furthermore, substantial compliance with the appeal procedures is sufficient to maintain our objections to the City's DeterminatiOns of Non-Sigrtificance. Nevertheless, we are abiding by the City's request for two separate appeal forms and appeal fees. As we discussed, the City will relate these amended /ag. Mr. Chris Hugo June 6, 2001 Page 2 appeal forms back to the original date of Eldorado Hills, Inc.'s appeal, May 16, 2001. Enclosed is the additional $124 appeal fee that the City requested. Please contact me directly if you have any further questions regarding these matters. Please set these matters for hearing before the City Council in accordance with Bremerton Murdcipal Code 21.02.845. Sincerely, MENTOR LAW GROUP, PLLC Enclosures /o3 Amended Appeal of Determination of Non-significance for City of Bremerton Text Amendment Request To Amend z¥Iodify Open-Space Requirements (t) Ap?elIant's Name, A~hfress and Phone Number. Eldorado Hills, Inc. 9481 SLlverdale Way, No. 201 Silverdale, WA 98383 (360) 692-3079 Appellant's Counsel. Peter H. Dykstra Mentor Law Group 1505 Westlake Avenue North Suite 300 Seattle, WA 98109 (206) 676-7095 (2) Standing. We participated, through counsel, in the Planning Commission hearings on May 1, 2001, and May 15, 2001, regarding the proposed text amendments. We submitted comments, through counsel, on the Determination of Non-Significance on May 15, 2001. We appealed the Determination of Non-Significance on Mav 16, 2001. G) Subject of the Appeal Determination of Non-Significance for Citv of Bremerton Text Amendment Request to Modify Open-Space Requirements apparently issued bv the City on April 26, 2001. (4) Grounds for Appeal and Facts Upon ~Vhich Appeal is Based. We understand that the DNS for the open space text amendment was issued on April 26, 2001. We first learned of the DNS at the May 1, 2001 Planning Commission meeting. As acknowledged at both the Mav 1, 2001, and Mav 15, 2001, Planning Commission meetings, the Albertsons' project requires the text amendment. Despite a specific request dated April 12, 2001, from IVlr. Mike Zoretic of Stardslaw Ashbaugh, our counsel at the time, that he be provided "with copies of any and all submittals, approvals or other documents or communication relating to the 32bertsons' project", we never received notice of the DNS nos,,- being appealed. The City's decision to separate this text amendment from the environmental review of the Albertsons' project violates SEPA's clear prohibition on phased review or segmentation of review. See WAC 197- 11-060(3). Phased review or segmentation is not appropriate for two proposals "related to each other closely enough to be, in effect, a single course of action." WAC 197-11-060(3)(b). Where they are closely related, the actions must be reviewed in the same environmental analvsis. Id. SEPA prohibits a governmental agency, from moving forward with a particular course of action until a threshold determination and subsequent environmental impact analysis, if any, is completed. WAC 197-11- 055(2)(c). Where a rezone, text amendment or other zoning change is connected to a project proposal that has the potential to more than moderately affect the environment, an ELS must be done at the rezone stage. See Indian Trails Propert~j Owner's Association v. S?okane, 76 Wn. App. 430, 440 (1994). The CiW's attempt to cast the changes in the text amendment as "ci~- ~4de" is an attempt to avoid considering the environmental impacts of the text amendment cumulatively ,,~4th the environmental impacts of Albertsons' project. The Citv's Planning Director has admitted on the record at that the text amendments arose in the process of reviewing Albertsons' proposal. Significantly, but for these text amendments, :klbertsons' supermarket proposal cannot go forward. The environmental impact of these amendments must be considered as an integ~ral part of the proposal. A DNS that does not consider the cumulative impacts of the entire project is insufficient to comply with SEPA. The CiW's failure to provide notice, in accordance ~Ath Bremerton Municipal Code 21.12.210(b) and WAC 197-11-680(5), despite our dear request for notification means that the time period for appealing t_he DNS has not begun to run. See e.g., Den Beste v. ,aollution Control Hearings Board, 81 Wn. App. 330, 339 (1996) ("An aggrieved party, who has participated in an administrative hearing is not denied the right to appeal simply because [an agency] failed to mail a notice of decision to it."). (5) Relie. f Requested. Full environmental review of the text amendment and the proposed Albertsons' development, together as a single action. (6) Attestation. I have read this appeal and believe, to the best of my knowledge, that the contents are true. J~ Eagleson, S~etary tltdorado Hills, Inc. AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: July 25, 2001 the Zoning Code Text by modifying Open space requirements of DEPT. OF ORIGIN: P&B- Land Use any development having a total gross area greater than one acre. ORIGINATOR: Chris Hu.qo, Director DATE SUBMITTED: July, 18 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: .~,~P&B Director: ~/X,f.A~ o PC Findings & Conclusions City Attorney'~~ o PC Minutes July 17, 2001 City Clerk: ~ ~'~r~h,_.,~. ('_J2.,, ~ / /..// o Staff Report Fiscal & Budg~et-Coun~i!~Comm.?-.,~[~.,~'.~ o Ordinance to amend Zonin9 Text Operations Comm.: [-~z~ ENDORSEMENT ~ INFORMATION APPROVED BY COUN.ClL_~ESIDENT FOR SUBMITTAL: 4.- SUMMARY STATEMENT AND REQUIREMEI)I'T FOR COUNCIL ACTION: The City of Bremerton Amendment Application PL01-0017 requests modifications to Section 21.01.750, Open Space, to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. The Planning CommissiOn has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. 5. RECOMMENDATION: Move to approve the attached Ordinance # on first readin,q. Move to pass the attached Ordinance # on second reading. 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AME~ tE-D,~-,,~ COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: 0j --- / 70 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the proposed ordinance is not approved, the city will lose the capability ............. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits /o$ ORDINANCE NO. AN ORDINANCE of the Bremerton City Council amending the Zoning Code, Chapter 21.02.750 Open Space, of the Bremerton Municipal Code, to allow inclusion of required buffers and yard setback areas in the minimum fifteen percent (15%) open space of the total gross area in any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. The City Council of Bremerton makes the following findings: WHEREAS, The open space requirement in BMC Section 21.02.750 does not distinguish between residential and commercial uses; and WHEREAS, There is no operational linkage between owners and tenants of commercial developments and the open space provided as part of the intent for providing this space is to accommodate active and passive recreational; and WHEREAS, Owners and tenants of large residential projects directly benefit from the inclusion of open space within the development for both active and passive recreation; and WHEREAS, This section's intent to preserve natural site amenities such as ponds, rock outcroppings, ravines and similar features is largely covered in commercial developments by site development regulations in the City's critical area; and WHEREAS, By other requirements of the Zoning Code, large commercial development sites include landscaped setbacks and landscaping of parking areas to promote compatibility with surrounding areas; and WHEREAS, There is no policy foundation in the Bremerton Comprehensive Plan for the requirement in large commercial developments for open space for recreational purposes; and WHEREAS, The proposal satisfies the decision criteria for a text amendment, as the proposed amended regulation is more consistent with the Comprehensive Plan than the existing text; and WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities is appropriate for large residential developments in which the owner or tenant residents directly; and 1 WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities serves no public purpose in large commercial developments in which the owners and tenants are either not on the premises or fully engaged in the conduct of business; and WHEREAS, The proposed amendment appropriately maintains the open space requirement for large residential projects that benefit by access to active and passive recreation amenities and removes the requirement from commercial developments that receive no benefit from this requirement; and WHEREAS, The proposed zoning text amendment is more consistent with the Comprehensive Plan than the existing code requirements for open space amenities in large developments; and WHEREAS, The Bremerton Planning Commission, during their regularly scheduled meeting on July 17, 2001, taking into consideration previous public hearing testimony, determined that this text amendment request was consistent with the Comprehensive Plan and with the City's Development Regulation Amendment criteria, contained in BMC 21.02.925, adopted Findings and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and WHEREAS, the Bremerton City Council conducted a public hearing on July 25, 2001 to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING: Section 1: That the Bremerton Municipal Code (BMC), Zoning, Chapter 21.02.750 Open Space, be amended to read as follows: Section 21.02.750 OPEN SPACE. The following Open Space requirements shall apply to any development having a total gross area greater than one acre: (a) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the development dedicated or otherwise provided as common open space, - ......... t~nr. nt3 ..... d~v6lopmer,[ (eh) Designated Open Space areas shall not include: (1) Streets, alleys and other rights-of-way. (2) Vehicular driveways, parking, loading and storage areas. ............ ff~r'n~ 2 ilo (ec) Natural Site Amenities: Natural site amenities shall be preserved to the greatest extent practical when planning for open space, siting of buildings and other structures, routing underground services, and determining finished grade levels and areas to be paved. Natural site amenities might include rock outcroppings, ravines, groves of trees, ponds or streams. (ejd) Phased Development: When a project is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase, and must be completed in accordance with approved specifications at the time of completion of each phase. (h~) Provisions shall be made for the perpetual maintenance of all common open space areas. (Ord. 4325 §2 (in part), 1991). (4591, _, 04/14/1997) Section 2: This effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of 2001. JOHN LAW City Council President APPROVED this day of 0 2001. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY City Clerk BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL01-0017: Proposed zoning code text amendment to modify BMC Section 21.02.750 Open Space to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any residential development having a total gross area greater than one acre; and to delete reference to active and passive areas and the requirement for recreational open space for commercial uses larger than one acre. FINDINGS: 1. The open space requirement in BMC Section 21.02.750 does not distinguish between residential and commercial uses. 2. There is no operational linkage between owners and tenants of commercial developments and the open space provided as part of the intent for providing this space is to accommodate active and passive recreational activities. 3. Owners and tenants of large residential projects directly benefit from the inclusion of open space within the development for both active and passive recreation. 4. This section's intent to preserve natural site amenities such as ponds, rock outcroppings, ravines and similar features is largely covered in commercial developments by site development regulations in the City's critical area codes. 5. By other requirements of the zoning code, large commercial development sites include landscaped setbacks and landscaping of parking areas to promote compatibility with surrounding areas. 6. There is no policy foundation in the Bremerton Comprehensive Plan for the requirement in large commercial developments for open space for recreational purposes. 7. The proposal satisfies the decision criteria for a text amendment, as the proposed amended regulation is more consistent with the Comprehensive Plan than the current one. CONCLUSIONS: 1. The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities is appropriate for large residential developments in which the owner or tenant residents directly benefit. 2. The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities serves no public purpose in large commercial developments in which the owners and tenants are either not on the premises or fully engaged in the conduct of business. 3. The proposed amendment appropriately maintains the open space requirement for large residential projects that benefit by access to active and passive recreation amenities and removes the requirement from commercial develop.ments that receive no benefit from this requirement. 4. The proposed zoning text amendment is more consistent with the Comprehensive Plan than the existing code requirements for open space amenities in large developments. Approved by the Bremerton Planning Commission on Attest: Andy Kosusko Chris Hugo Chair Secretary /15 PLANNING AND BUILDING DEPARTMENT 2001 ZONING TEXT AMENDMENT STAFF REPORT APPLICANT OR PROPONENT (FILE NUMBERS): City of Bremerton (PL01-0017) DATE OF REPORT: April 25, 2001 (Revised, May 4, 2001) PROPOSAL: Proposed zoning code text amendment to modify Section 21.02.750 Open Space to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the total gross area of any residential development having a total gross area greater than one acre; and to delete reference to active and passive areas and the requirement for recreational open space for commercial uses larger than one acre. CONTACT: City of Bremerton Department of Planning and Building; (360) 478-5275 LOCATION OF PROPOSAL: This proposal applies to all development of sites within the city with a gross area greater than one acre. BACKGROUND: The Zoning Code adopted in 1998 to implement the Comprehensive Plan specifies that all development sites "having a total gross area greater than one acre" shall provide "a minimum of fifteen percent (15%) of the total gross area of the development dedicated or otherwise provided as common open space, accessible to all owners or tenants of the development." This dedication is specified to be in addition to the open space created by required yards as well as those landscaped areas required for buffering parking areas. Further, the open space shall be provided for both active and passive recreational activities and for the preservation of existing natural site amenities "whenever possible." This requirement raises several questions. The first question is "What purpose does the requirement serve?" An examination of the Comprehensive Plan provides no explanation - there are no explicit policy directions that provide a foundation for this requirement. Is it to mitigate the scale of large developments, to provide pervious area to offset the extent of pervious surface, to provide amenities in response to new site-generated demands, or to protect natural areas? The zoning text speaks most actively to recreation amenities and protection of natural areas. However, many proposed developments in Bremerton are redevelopments of existing sites. There are no natural areas to protect. The focus on recreation amenities is probably consistent with large residential projects, but what operational link is there to commercial projects? The text specifies that the open space shall be "accessible to all owners or tenants," not customers. This strongly suggests that this is a requirement directed at residential uses. The proposed text amendment provides a short-term remedy for the ambiguity in purpose presented by this requirement. The amendment makes a distinction between residential and commercial uses and removes references to active and passive areas as well as required recreational open space for commercial uses entirely. Yards and parking buffers may be included in the calculation of 15% of the site area for commercial uses only. This more strongly ties the open space requirement to an overall purpose of softening the impact of large-scale commercial projects on the surrounding neighborhood. The provisions for active and passive areas as well as required recreational open space seem only relevant to residential uses, and a further study should be conducted to insure that the requirements are supported by Plan policy and respond to a legitimate community need. In the interim, the proposed amendment retains these requirements. The protection of natural areas that exhibit environmentally sensitive conditions is a GMA requirement and should be fully addressed in the City's Critical Areas ordinances. The proposed zoning text amendment does not reduce the City's obligation to protect these natural areas. Storm water management is another development issue that may pose additional requirements for pervious areas on development sites. All of these issues will be addressed in the mandated review of the Comprehensive Plan and implementing regulations to be concluded by September of 2002. PROPOSED ZONING TEXT AMENDMENT:. Revise the provisions of BMC 21.02. 750 Open Space as indicated below: 21.02.750 LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING The following Open Space and Landscaping requirements shall apply to am/ residential and commercial development having a total gross area greater than one acre: (a) Residential Uses, Open Space Requirements: (1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the residential development dedicated or otherwise provided as common open space, accessible to all owners or tenants of the development. (2)/~,~.., Active and Passive Areas: The open space areas shall be provided for active as well as passive recreational activities, and for the preservation of existing natural site amenities whenever possible. ~ (-e,-) Designated Open Space shall not include: i.~ {-1-) Streets, alleys and other rights-of-way ii~ (-2-) Vehicular driveways, parking, loading and storage areas. iii. (-,3) Required buffering and landscaping for parking areas. iv.__~(4) Required yard setback areas. (4),..,~'~ Location of Open Space: The open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential uses. ~ (-e-) Natural Site Amenities: Natural site amenities shall be preserved to the greatest extent practical when planning for open space, siting of buildings and other structures, routing underground services, and determining finished grade levels and areas to be paved. Natural site amenities might include rock outcroppings, ravines, groves of trees, ponds or streams. ~ (-f) Site Plan Review and Approval: Proposed open space areas and their intended uses shall be clearly designated on the Site Plan. The City will base its approval of the proposed active or recreational open space on the dimension, useability (sic), location, slope, and physical improvements. Up to one-third of the property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of natural site amenities. (7) ~,,/"~ Phased Development: When a project is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase, and must be completed in accordance with approved specifications at the time of completion of each phase. (8) (-h-) Provisions shall be made for the perpetual maintenance of all common open space areas. (b) Commercial Uses, Total Landscape Area: (1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the commercial development dedicated or otherwise provided as landscaping This may include required yard setback areas and required buffering and landscaping for parking areas. DATE AND METHODS OF LEGAL NOTICE: Notice of this application was printed in the legal notice section of the West Sound Sun on April 7 and 21 and May 5, 2001. ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued for this non-project action in accordance with WAC 197-11 on April 26, 2001. DECISION CRITERIA: There are two criteda that must be satisfied to approve an amendment of development regulations in the zoning code. Both of them relate to consistency with the Comprehensive Plan and its implementing regulations. The primary associations between this proposed change in development standards and the goals and policies of the Comprehensive Plan are in the area of land use efficiency and environmental quality. This amendment could produce small reductions in the amount of required site area, land that could be used for other urban purposes. However, this reduction in pervious surface area increases the overall percentage of impervious surface for the total site. This produces a greater reliance on storm water mitigation through techniques other than dedicated pervious surfaces. STAFF REPORT PREPARED BY: Chris Hugo, Director AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq to consider an appeal of a FOR AGENDA OF: July 25, 2001 SEPA Determination of Non-significance (DNS) issued at the DEPT. OF ORIGIN: P&B - Land Use Request of Albertsons, Inc. to amend the Development Standards ORIGINATOR: Chris Hu.qo, Director by reducing the Parking Ratio for Food Stores and Supermarkets. DATE SUBMITTED' July, 18 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: .~_.cP&B Director: ,~_ ~_..f.-~~ o DNS ity Attorney:~.~,_.~=.~ o Appeal City Clerk: ~,¢,6~::¢/-/.,~Y¢..,~ .... ~ ;/ o Staff Report Fiscal & Bu'~['.qTet~'C0uncil C'om~.: ,.'~?,;~..~z;'-~/ o Written Record Operations C/omm.: ~-~,z ,¢~_¢~__"_ ENDORSEMENT m INFORMATION __ APPROVED BY COUt~PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMEN'r~.F'~ COUNCIL ACTION: An Official Zoning Code Text amendment in the form of a Rezone application was received from Albertsons, Inc., to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, Figure 670(b), Off-Street Parking Requirements for Non-Residential Uses, to reduce the parking requirements for the Food Store (retail), Markets, and Supermarkets land use category, from one parking space for each 200 square feet of building gross floor area, to one parking space for every 250 square feet of building gross floor area. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. Zoning Text Amendment application requests are considered non- project actions, which do not propose specific development projects. An Appeal of the non-project SEPA Determination of Non-significance (DNS) issued has been received contending that there was an error in issuing the non-project DNS and that a full environmental review (EIS) for the development project should have been accomplished. 5. RECOMMENDATION: Move to uphold/deny the Appeal of the DNS, issued April 23, 2001, for Project PL01-0028, 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION ~1~ ~ r-,,~ PULLED__ TABLED APPROVED DISAPPROVED__ AM COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: 01~ 1'7 I 11'7 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: 11. IMPACT ON STAFFING7 BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The subject appeal will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits SEPA regulations Mentor Law p 1505 WestlakeAvenue North, Suite 300 Seattle, Washington 98109 TEL 206.676.7008 ~AX 206.676.7001 Peter H. Dykstra direct 206.676.7095 dykstra~mentorlaw.com July 25,2001 City Council City of Bremerton 239 - 4th St. Bremerton, WA 98337 Re: Written Testimony on Behalf of Eldorado Hills, Inc. for Appeal of Determination of Non-Significance for Albertsons Stores Text Amendment Request To Amend Parking Ratio for Food Stores and Supermarkets Dear City Councilmembers: Our firm represents Eldorado Hills, Inc., the owner of Perry Avenue Mall. Tonight you are being asked to approve two text amendments of the City's Zoning Code. One concerns the parking ratio requirements for Food Stores and Supermarkets in the City, and the other concerns the calculations for Open Space Requirements for any development in excess of one gross acre. Fundamentally, these text amendments also involve a specific project proposed by Alberesons Stores, Inc., currently pending before the City Planning Department. Albertsons has submitted an application for Site Plan Review and SEPA processing of a proposed new 50,000+ sq. ft. complex on the northeast corner of Wheaton Way and Sheridan Road. We are greatly concerned about the environmental impacts of the development proposed by Albertsons at this location. It is clear that any such development requires an analysis of all environmental impacts and those of any alternatives before the proposal may be approved. We have appealed the Determinations of Non-Significance ("DNSs") the City staff issued on the two text amendments. This appeal concerns the DNS for the text amendment proposed by Albertsons. The law requires that the environmental review for this text amendment be conducted in concert with the environmental review of the entire Albertsons proposal. City staff has already determined that the Albertsons project will have significant environmental impacts, without considering the impact from this text amendment. See Exhibit 1. The City Council must require the City staff to revisit its environmental Bremerton City Council July 25, 2001 Page 2 review of this text amendment. The law requires further environmental review of the text amendment and the Albertsons project together as a single action. City staff has characterized the proposed text amendment regarding parking requirements as separate from the proposed development and as a "city- wide" amendment. Although the change will have city-wide impacts, the characterization that it is separate from the Albertsons' proposal is false. Albertsons requested the text amendment when it submitted its request for site plan and SEPA review of its proposed development project. See Exhibit 2. The project being proposed needs the text amendments in order to be built as designed. See Exhibit 3. To claim that the text amendment proposal is separate from the Albertsons' development proposal, regardless of whether it will also change parking ratios for other grocery stores in the City, is disingenuous. Moreover, the City's decision to separate the text amendments from environmental review of the Albertsons' project is a violation of SEPA's clear prohibition on phased review or segmentation of review. See WAC 197-11- 060(3). See Exhibit 4. Phased review or segmentation is not appropriate for two proposals "related to each other closely enough to be, in effect, a single course of action." WAC 197-11-060(3)(b). Where they are closely related, the actions must be reviewed in the same environmental analysis. Id. The text amendment proposed by Albertsons and the Albertsons development itself clearly meet the requirements that these actions be reviewed as a singled course of action. SEPA prohibits a governmental agency from moving forward with a particular course of action until a threshold determination and subsequent environmental impact analysis, if any, is completed. WAC 197-11-055(2)(c). Where a rezone, text amendment or other zoning change is connected to a project proposal that has the potential to more than moderately affect the environment, an EIS must be done at the rezone stage. See Indian Trails Property Owner's Association v. Spokane, 76 Wn. App. 430, 440 (1994). We believe that the City's attempt to cast the changes in this text amendment as "city-wide" and separate from the Albertsons project is an attempt to avoid considering the environmental impacts of the text amendments cumulatively with the environmental impacts of the Albertsons project. Albertsons needs the text amendments for its project to move forward, and the text amendments are driven by the Albertsons proposal. Therefore, the environmental impact of these amendments must be considered as an integral part of the proposal. A DNS that does not consider the cumulative impacts of the entire project is insufficient to comply with SEPA. Full environmental review of the text amendments and the proposed Albertsons development, together as a single action, is required before either the Bremerton City Council July 25, 2001 Page 3 text amendments or the development proposal can be approved. The City should not approve the proposed text amendments until SEPA review is completed for the entire Albertsons' proposal. The DNS for the Parking Ratio Text Amendment clearly do not comply with SEPA's requirements. We respectfully request that the City Council withdraw the DNS regarding the text amendment proposed by Albertsons' and have the environmental review of the text amendment done in concert with the review of the entire Albertsons' project. Anything less flies in the face of both the letter and spirit of SEPA. Thank you for your consideration. Sincerely, MENTOR LAW GROUP, PLL¢ CC: Eldorado Hills, Inc. CITY OF BREMERTON BUILDING AND PLANNING DEPARTMENT MITI. GA.TED DETE:R.MINATION Of NONSIGNIFI:CA. NCE Environmental Application No. PLO 1-0031 Parcel No. I22401-2-038-2005 Date issued: June 21,2001 Revised July I3, 2001, to reflect language clarification comments received prior to Comment Period Deadline. ACTION: Commercial Site Plan review: Albertsons Grocery, Store, ancilla~ Retail Shops structure, and Fuel Center. PROPOSAL: Albertsons, Inc. proposes to redevelop a six (6) acre portion of the former Bremerton Middle School site. The project proposal includes construction of a new 51,150 square foot, full service Albertsons Grocery Store. an 11,300 square foot ancillary, structure for retail shops, and a 1,814 square foot "A-Express" fuel center. Public roadway improvements, associated parking, landscaping and utility, infrastructure improvements are also proposed. LOCATION: The project site is located at the northeast corner of Wheaton Way (SR303) and Sheridan Road in the NW Quarter. of Section 12, Township 24 North, Range 1 East, W.M. PROPONENT: Albensons, Inc. The Responsible Official of the City. of Bremerton hereby makes the following Findings and Conclusions based upon a review of the environmental checklist and attachments, other information on file with the City. of Bremerton, and the policies, plans, and regulations designated by the City. of Bremerton as a basis for the exercise of substantive authority, under the Washington State Environmental Policy. Act (SEPA) pursuant to RCW 43.21C.060. FINDINGS OF FACT: 1. Proposal is for the construction of a new 51,150 square foot. full service Albertsons Grocery. Store. an 11,300 square foot ancillary, structure tbr retail shops, and a 1.814 square foot "A-Express" fuel center with underground fuel storage tanks. Associated site development includes the export of approximately 7,000 cubic yards of excavated material, and the importation and owading of approximately 2,200 cubic yards of sub-base material for impervious surface placement. Approximately 85% of the proposed development area will be covered with impervious surfaces including provisions for parking 260 vehicles. Public roadway improvements, associated parking, fencing, landscaping and utility infrastructure improvements and an on-site storm water/drainage system are also proposed. The project xvill be served by public water and 2. The proposal is located on a six (6) acre portion of the former Bremerton Middle School site. located at the northeast corner of Wheaton Way (SR-303) and Sheridan Road. Topographically. the site is relatively flat and is devoid of any significant vegetation. No wetlands or surface waters are located on the site. The project is located in a General Business (GB) zone classification and land use in the vicini~- includes some mixed use strip commercial on both sides of SR-303 (Wheaton Way). Improved ball fields are located immediately east of the project and school facilities remain functional on the north side of the proposal site. 3. A Traffic Impact Analysis was prepared by Gibson Traffic Consultants and presented for review February. 14. 2001. Supplemental traffic analysis reports were prepared on April 26. 200l and on May 26. 2001. The repons analyzed the impacts of traffic generated from the proposed commercial development on the street system serving the proposed project. The proposed development at full occupancy, is expected to result in an increase of 3.915 daily vehicle trips, including 366 vehicle trips during the PM peak hour. The Engineering Division of the Ci~' of Bremerton has determined that tile proposal may result in significant impacts to the City's transportation ~wstem and that improvements to the transportation ~'stem will be necessary, to accommodate the development. Potential significant impacts associated with increased traffic generated by this development will be adequately mitigated through compliance with the traffic mitigation measures listed in the MITIGATION section of this Mitigated Determination. vI. ITIGATION: The Responsible Official has determined that the proposal, as modified, July 13, 2001, for language clarification, loes not have a probable significant impact on the environment, and an Environmental hnpact Statement (ELS) is not required undcr >,CW 43.2 IC.030(2)(c), only if ~he following cnndi~ion~ are me~. This decision was made aher review of comments received poor to he expiration of the comment period, a completed environmental checklist, other information on file with the City,' of Bremerton. md existing regulations. This information is available to the public on request. These mitigation measures are required as tuthonzed under the Substantive Authority of SEPA in accordance with the guidelines contained in Chapter 21.12 of the Bremerton x, lunicipal Code and shall be implemented by the Proponent. l. Traffic Mitigation: [-1. The Proponent will be required to participate in providing two left-turn lanes froln southbound SR303 to eastbound Sheridan Road and eliminating the two-way left turn lane (and associated left turn from SR303 southbound to the North Access Road eastbound) as nutigation for their traffic impacts at such time that the City, constructs thts Improvement. The Proponent will be required to financially contribute on a fair share basis to the cost of associated improvements at the Sheridan RoadiSR303 intersection at that time. See the following Item l-IA. Financing Requirements for a description of the method to be used for ROW valuation and cost-sharing. The Proponent will be required to enter into an agreement with the City, regarding their contribution to this capital project prior to issuance of development permits. ROW intended for future dedication to tl~e City (e.g.. Nexv Spruce Street Extension) will be constructed in per the prOJect plan dated 6/6/01 and accordance with the City's 2001 Standards. l-lA. Financing Requirements. The Proponent will utilize the following method for calculating the value of dedicated ROW and estimating the Applicant's fair share: Dedicated land needed for future prOJects (i.e. Shendar~SR303 ~ntersecuon nnprovements and Sheridan/New Spruce Street Ext. intersection improvements) will be determined on a per square foot basis from a certified appraisal done at the time of the ~mprovements. [f land is dedicated, the land value will be credited against the Proponent's proportionate share of each improvement. The Proponent's proportionate share of such improvements will be determined by a traffic stud.',' conducted by the City in the vear proceeding start of construction on of the prOject. At the option of and for the convemence of the Proponent. the City, will accept financial payment from the 'Proponent earlier than commencement of construction for either anticipated capital project, if such pre-payment is desired by the Proponent, the Proponent must agree in writing that ~t has reviewed the case law on Benchmark Land Company vs. City of Battle Ground t.103 Wash. App. 72 l. 14 P. 3~ 172. December 2000) and acknowledges that such pre-payment is proportionate to the ilnpact and within the nexus of the project. The amount of such pre-payment will be equivalent to the proportion of the Proponent's traffic impact (tops during the PM peak hour) as compared to the total traffic through the imersection runes the cost of those improvements directly related to the Proponent's traffic. The proportion of the Proponent's traffic impact is estimated to be approximately 4. l% for the Sheridan and S1:L3~)3 intersection (June 26. 2001 Gibson Traffic Consultants letter to Atber~sons~. The estimated cost of constrnction for the future capital prOJect soley for those components which are attributable to the Proponent's traffic (i.e. road widening, channelization, center banner, new signal, curb gutter, and s~dewatk) is $676,000 based on a Seattle ENR-CCI of 7601) The payment amount will be adjusted in accordance with the current Seattle ENR-CCI ancffor an updated Engineering cost estimate, with the method to be determined bv the Cia' The proportion of the Proponent's traffic impact is estimated to be approximately 30.5% for the Sheridan and Nc~v Spruce Street intersection (based on model output included in the May 26. 21)01 GTC memorandum). The estimated cost of construction for prOject components attributable to the Proponent's tralTlc (i.e. new s~gnal and pedestrian crossings) is $234.000 bascd on a Seattle ENR-CCI of 7600 The payment amount will be adjusted in accordance with the current Seattle ENR-CCI and/or an updated Engineering cost estimate, with the method to be determined by thc City A ['his Modified Mitigated Determination of Nonsignificance (MDNS) is issued under WAC 197-I 1-350. The Responsible Official ha~ reconsidered the June 22. 2001 MI)NS based on timely comments and has elected to retain, with language modifications for :larification, the MDNS. As the MDNS, with modifications, is being retained it is being reissued as a final document with no :omment period. No permits may be issued, and the applicant shall not begin work, until the comment deadline has expired and any ~ther necessary permits are issued. ~,esponsible Official: Christopher R. Hugo. Director read Agent': City, of Bremerton Building and Planning Department Ci~ of Bremerton. Permit Center 286 4th Street Bremerton, Washington 98337 (360) 478-5275 )ate of Re-Issue: July 16, 2001 }ate of Re-issue Publication: July 18. 2001 2omment Deadline: Re-issued with no comment period. ~.ppeal Deadline: August t. 2001 Christopher R.~ugo, Respo~nsible Off'iai qOTE: Pursuant to RCW 43.21C.075 and City. of Bremerton Environmental Regulations. Bremerton Mumcipal Code (BMC) 2hapter 21.12. Decisions of the Responsible Official may be appealed. Appeals are filed with appropriate fees at the Building and 'lanning Department, located at the Bremerton Permit Center. Appeals must be filed within 14 days of the Date of Re-issue. ,IOTE: The issuance of this Modified Mitigated Determination of Nonsignificance does nat constitute prOJect approval. The tpplicant must comply with all other applicable requirements of City of Bremerton Departments prior to receiving construction ~rmits. i 7241VlDNSMIT.DOC ,PRCIFIC LRND DESIGN Fax:206522854zl Feb 1 2001 16:20 P.02 · · / ~FIEMERTON City of Bremerton IlAR 0 5 2001 ~'"q]UII. DING DEPARTMENT Application for ~REMERTON BUILDING DEPARTMENT ZONE RECLASSIFICATION .(Rezone) FEE: A ZONE RECLASSII*ICATION (Rezone) of property from one zoning district to another may be approved by the City Council, following a public hearing before the City Council and, in most cases, one or more public neighborhood meetings to gather inforn-mtiort and ¢nmxr¢ adcqtmt, oppommities for public comment. To apply for a REZONE, please complete this application form with as much detail aspossible about your proposal and submit it along with the required attachments and.application fee. NOTE: The process for a rezone is described in the Bremerton Municipal Code, Section 21.02.920. Name: Address: City: State: ZIP: Telephone: ( ) (Rev. 7/97) P&CTFIC L~qI'.ID ~ESTGN Fa .... ObS~,_,..,,.,4~ Feb i 2001 16:20 P. 03 4. PROPERTY LOCATION: F£8 2 2 20tli ' flREMERTON Address: BUILDING DEPART~EN General 'Location (intersecting streets, etc.): ~ c_3xod 1 5. COMPREHENSIVE PLAN DESIGNATION: 6. SHORELINE ENVIRON~ DESIGNATION: 9. ~8ESSOR'S ACCO~ ~E~S): ~cels to be Rezone) 10. COVENANTS, EASEMENTS OR OTHER RESTRICTIONS: Briefly de~ribe here and al~o show on map. ,v/4 11. BASIS FOR REQUEST: State clearly and completely the reasons or rationale for this~ request. Alxach additional pages as necessary. ,.. CRITERIA FOR APPROV~a~L: This REZONE request can be approved by the Bremerton City Council only if ali of the following can be answered "YES": 1. Is the proposed Rezone consistent with the Comprehensive Plan? (See Bremerton Mumcipal Code, S;~ztlon 2 I, Figuro 000, "Plan/7~oning Consistency" of this code.) 2. Is the Rezone justified for one or more of the folloWing reasons? 8ttlt_r~l~tG ID[P~I~TME~7 It is in the public interest to approve the Rezone to accommodate needed changes within the immediate vicinity or neighborhood. It will correct a zone classification or bounda_D' that was inappropriate when It isa planned step in a phasing process to gradually bring zoning into consistency with the 20-year Comprehensive Plan when appropriate. It will place or remove an overlay zoning designation without affecting the underlying zonin~ designation without at~'eetlng the underlying zoning. 3.Is there a public need for the proposed Rezone that will clearly benefit the local neighborhood md/or the community ofgremerton? 4. Are all essential public facilities and services avail~le and adequate, or can be made available, to serve the types and levels of development permitted in the requested zone7 5.Will the area being proposed for rezoning become part of a larger zoning district or form a new district which will not be considered an isolated "spot zone"? * Please provide below (or on separate paper) a detailed explanation to show as clearly as poss~le how your REZONE request is consistent with each of the above criteria: ATI'A~S: A. Notification List: Typed name/address labels for the owners of all property within a radius of 300 feet of the subject REZONE area are required. These may be provided by the applicant, or the City Planning Division will assemble the labels aI a cost to the applicant of $2 per label, at the applicant's option. B. Location Map: A map showing the general location within the community of the area subject to the REZONE, including streets, shorelines and other major features. C. V~cinity Map: A Kitsap County Assessor's map or similar map at a scale of I" = 100' or 200'. P~CIFIC L~ND DESIGN Fa×:2065228544 Feb 1 2001 16:21 P. O5 EB 2 2 2001 8REMERTON * The subject REZONE area shall be in the center. [3UILDING DEPARTMEN; · Ail existing streets, lots, shorelines, and other physical features shall be shown on the map. , Existing land uses within a radius of 300 feet of the subject area shall be clearly indicated. · Any additional informal/on that w/il help to clearly define the proposal D. Environmental ChecNist: Obtain form at Planning Division Office. 14. PRE-APPLICATION CONFERENCE: The Planning Division should be consulted to discuss the proposal and specific information needs prior to mbmittal of the REZONE application package. 15. A~PPLICA/~rr' S STATE3~NT: I hereby state that I am the applicant, or the authorized agent for the applicant and that all foregoing statements and information provided herein are, to the best of my knowledge and belief, true and cOmplete. I understand that the filing fee accompanying this application is not refi.mdable, is for the purpose of partially defraying the admlnl.q:rative expenses of processing this application, and that the paymem of said fee does not result in automatic approval of this request. Applicant Date The City of Bremerton does not discmminate on the basis of race, sex, color, religion, national or~g~n, age, or disability m the provision of ~vrvices, in programs or activities, or employment opportunities and benefits. Rev 7i97 FEB 2 2, 2001 Introduction: 8REMER'rOh ~UILDING OEPARTMEN The proposed text amendments are in the public interest as a state-of-the-art Albertson's store would be an excellent addition to the neighborhood. It would be a catalyst for further economic redevelopment in the city of Bremerton and would further the implementation of the Comprehensive Plan as it relates to the long-term development of the Bremerton Junior High property. This Albertson's store would be the only full service grocery store, on Wheaton Way, within the city limits. Albertson's is seeking a reduction in front yard setbacks to accommodate its building location as it relates to the relocated Spruce Street. Spruce Street is currently a private drive aisle used only to service Bremerton Junior High. Albertson's proposes to relocate and improve Spruce Street to Public Road Standards. As a Public Road, the Spruce Street right of way will include a sidewalk and landscape buffer. Adding the sidewalk and landscape buffer to the 10'-0" proposed setback will effectively place the Albertson's building more than 20'-0" from the street allowing for ample visibility. Albertson's is seeking a reduction in minimum parking requirements from one stall per 200 square feet of goss floor area to one stall per 250 square feet of gross floor area. Albertson's is one of the nation's leading =o-rocery and drug chains operating 2,492 stores in 37 states. For the year ending 1/28/99 they recorded sales of $35.9 billion. Albertson's knows what their customers want and they deliver every day. Albertson's would not invest millions of dollars building a new store in Bremerton if they did not believe they offered adequate parking. Criteria for Approval of Text Amendments: l. The proposed text amendments are consistent with the Comprehensive Plan as the reduced setback and lower parking requirements allow for g-reater infill and redevelopment opportunities. 2. The text amendments are in the public's best interest as the City of Bremerton should be the urban center ~br Kitsap County. The existing setbacks and parking ratios are at suburban standards. The proposed text amendments further citywide "urban goals" by allowing for g-rearer density. 3. There is a public need for increased redevelopment opportunities. Redevelopment increases the tax base and provides superior services for local citizens. 4. All essential public services are available and will not be compromised with the proposed text amendments. 5. Not applicable. Pacific Land Design Chris Hugo I'IAR 8 1 2001 Planning Director 8REMERT,3,.. City of Bremerton BU1LOIN6 DEP&.RTMENT 286 Fourth Street Bremerton, Washington 98337 Subject: Proposed Albertsons Store; Bremerton, Washington Dear Mr. Hugo: Thanks for making yourself available to meet with the Albertsons project team today. We felt the meeting was vew productive toward resolving the regulatory constraints to allow this project to move forward. At the conclusion of our meeting today, we submitted, on behalf of Albertsons, seven full size copies of the revised Site Plan #SB, prepared by Donahou Design Group. As requested, seven 11 "xl 7" reduced scale copies are enclosed. This revised Site Plan supersedes the previously submitted Site Plan, which was formally rescinded by Albertsons on March 15% Therefore, this revised plan should be the basis for the City's SEPA analysis and Site Plan Review. Based on our meeting today, we understand that the Site Plan issues discussed last week will be resolved as follows: 1. Parking: Albertsons desires to achieve a parking ratio of 5 stalls per 1,000 SF gross building area, consistent with current Zoning Code requirements. However, due to the site constraints on this redevelopment property, this ratio is not possible. We understand that there is no administrative flexibility regarding the minimum parking requirements per code. Therefore, we have previously requested a Zoning Code Text Amendment on this issue. We understand from our discussion today that the Text Amendment will be considered by the Planning Commission at a public meeting to be held April 10~h, followed by a public hearing at the City Council approximately one month later. 2. Public Roadways/Right-of-Way Dedication: The project proposal includes R.O.W. dedication and the construction of ~ street improvements to public arterial standards along the eastern project limit. This is consistent with the language of the Comprehensive Plan Amendment and Rezone of the subject parcel (Resolution #98- 02), which require a new public street to extend northward from Sheridan Road. We understand that the City has considered the possibility of another p..?lic roadway Page 2 Chris Hugo March 20, 2001 construction/dedication on the northern limit of the property, between the previously described new roadway north of Sheridan and Wheaton Way. However, as we have discussed, such a dedication is not possible on the project site, due to the limited site area to support the proposed store, parking, and landscaping. Therefore, such a dedication is not included in the Albertsons project proposal. The Site Plan, as submitted, provides the necessary access for customer traffic, service vehicles, and emergency vehicles through commercial standard driveways and parking lot circulation. Furthermore, the establishment of a public "grid" road at this location does not seem to be required in either Comprehensive Plan recommendations for the Wheaton Way corridor, or the Comprehensive Plan/Rezone of the subject site. Nonetheless, we understand that the City may seek a commitment from the school district to develop such a roadway in the future, at such time that the balance of the school district property is redeveloped. We have no objection to the City pursuing such a commitment, provided that it does not delay the review and approval of the proposed Albertsons project. 3. Front Yard Setbacks: Since this project will be dedicating right-of-way for a new public roadway at the eastern project limit, it will have frontage on two parallel public streets. We understand that the City normally considers both such street frontages to require a "front yard" setback. However, Section 21.02.160(a)(2) provides that the Director may grant an Administrative Exception to this requirement if several criteria are met. This project does indeed meet these criteria of having an entire frontage consist of a single property (Spruce Street extension), and that the buildings would be clearly oriented in a similar direction away from the site being considered for designation as the rear lot line. Therefore, we understand that the City will consider issuing an Administrative Exception to allow the proposed Spruce Street extension right-of-way to be considered a rear lot line. We have previously submitted a Text Amendment to revise the required building setbacks. In the event that the City does not grant the Administrative Exception described above, we understand that a Text Amendment would be considered by the Planning Commission at a public meeting scheduled for April 10th. 4. Open Space: We understand that commercial developments, such as proposed, are subject to various landscaping requirements. These include parking lot buffers, interior parking lot landscaping, and street trees. We further understand that Section 21.02.750 of the Zoning Code requires a minimum of 15% of the site be retained as open space, exclusive of the above referenced landscaping areas. As we have discussed, this section of the Zoning Code seems to be inconsistent with the balance of the development criteria and the Comprehensive Plan. Therefore, we understand the City .Planning staff will initiate a Zoning Code Text Amendment to eliminate this open space provision. We understand that the Planning Commission will consider this Text Amendment at a public meeting scheduled for April 1 7th. Page 3 Chris Hugo March 20, 2001 We appreciate the staff's willingness to work together with the Albertsons team to resolve these development criteria such that the Albertsons project can proceed forward. If our understanding of the resolution described above is inconsistent with your own, please let us know immediately. Otherwise, we anticipate that the City will complete it's SEPA review, and issue its determination within the next week, so the appeal period can be completed prior to the scheduled public meetings. Thanks again for your assistance. If you need any additional information to complete the SEPA review, please let us know. Sincerely, Principal DJT:jj cc: Don Barker, Albertsons Peter Powell, Powell Development Walt Draper, Bremerton School District 01 7334-23A/brabchlt02 SEPA Rules (5) An overall decision to proceed with a course of action use of shoreline and land use controls; purchase of floodprone , involve a series of actions or decisions by one or more areas; or relocation assistance." acies. If several agencies have jurisdiction over a proposal, Co) Proposals or parts of proposals that are related to each should coordinate their SEPA processes wherever other closely enough to be, in effect, a single course of action ;ible. The agencies shall comply with lead agency shall be evaluated in the same environmental document. · rmination requirements in WAC 197-ll-050 and 197-11- (Phased review is allowed under subsection (5)). Proposals or parts of proposals are closely related, and they shall be (6) To meet the requirement to insure that environmental discussed in the same environmental document, ffthey: res and amenities are given appropriate consideration along (i) Cannot or will not proceed unless the other proposals x economic and technical considerations, environmental (or parts of proposals) are implemented simultaneously with uments and analyses shall be circulated and reviewed with them; or :r planning documents to the fullest extent possible. (ii) Are interdependent parts of a larger proposal and (7) For their own public proposals, lead agencies may depend on the larger proposal as their justification or for their :nd the time limits prescribed in these rules, implementation. autory Authority: 1995 c 347 (ESHB 1724) and RCW (c) (Optional) Agencies may wish to analyze "similar ~.IC.110. 97-21-030 (Order 95-16), § 197-11-055, fried actions" in a single environmental document. 10/97, effective 11/10/97. Statutory. Authority: RCW (i) Proposals are similar if, when viewed with other !ICA 10. 84-05-020 (Order DE 83-39), § 197-11-055, filed reasonably foreseeable actions, they have common aspects that provide a basis for evaluating their environmental 3/84, effective 4/4/84.] consequences together, such as common timing, types of impacts, alternatives, or geography. This section does not WAC 197-11-060 Content of environmental review. (1) require agencies or applicants to analyze similar actions in a ,4ronmental review consists of the range of proposed single environmental document or require applicants to prepare ivifies, alternatives, and impacts to be analyzed in an environmental documents on proposals other than their own. .ironmental document, in accordance with SEPA's goals and (ii) When preparing environmental documents on similar icies. This section specifies the content of environmental actions, agencies may find it useful to define the proposals in iew common to all environmental documents required under one of the following ways: (A) Geographically, which may PA. include actions occurring in the same general location, such as (2) The dontent of environmental review: a body of water, region, or metropolitan area; or (B) (a) Depends on each particular proposal, on an agency's sting planning and decision-m -aking processes, and on the generically, which may include actions which have relevant similarities, such as common timing, impacts, alternatives, te when alternatives and impacts can be most meaningfully methods of implementation, environmental media, or subject duated; matter. (b) For the purpose of deciding whether an ElS is required, specified in the environmental checklist, in WAC 197-11- (4) Impacts. (a) SEPA's procedural provisions require the consideration O and 197-11 44'!,; of "environmental" impacts (see definition of "environment" in (c) For an environmental impact statement, is considered WAC 197-11-740 and of"impacts" in WAC 197-11-752), with %cope" (WAC 197-I 1-792 and Part Four of these rules); attention to impacts that are likely, not merely speculative. (d) For any supplemental environmental review, is (See definition of "probable" in WAC 197-11-782 and 197-11- .'tiffed in Part Six. 080 on incomplete or unavailable information.) (3) Proposals. (a) Agencies shall make certain that the proposal that is the Co) In assessing the significance of an impact, a lead ~ject of environmental review is properly defined, agency shall not limit its consideration of a proposal's impacts (i) Proposals include public projects or proposals by only to those aspects within its jurisdiction, including local or encies, proposals by applicants, if any, and proposed actions state boundaries (see WAC 197-11-330(3) also). (c) Agencies Shall carefully consider the range of probable d regulatory decisions of agencies in response to proposals impacts, including short-term and long-term effects. Impacts applicants, shall include those that are likely to arise or exist over the (ii) A proposal by a lead agency or applicant may be put lifetime of a proposal or, depending on the particular proposal, ,'ward as an objective, as several alternative means of complishing a goal, or as a particular or preferred course of longer. (d) A proposal's effects include direct and indirect impacts tion. caused by a proposal. Impacts include those effects resulting (iii) Proposals should be described in ways that encourage from growth caused by a proposal, as well as the likelihood that ,nsidering and comparing alternatives. Agencies are the present proposal will serve as a precedent for future actions. ,couraged to describe public or nonproject proposals in terms For example, adoption of a zoning ordinance will encourage or 'objectives rather than preferred solutions. A proposal could tend to cause particular types of projects or extension of sewer described, for example, as "reducing flood damage amt lines would tend to encourage development in previously 'tiering better flood control by one or a combination of the unsewered areas. .liowing means: Building a new dam; maintenance dredging; th. 197-11 WAC--p. 4] WAC (4/15/98) SEPA Rules (e) 1'he range of impacts to be analyzed in an ElS (direct, [Statutory Authority: 1995 c 347 (ESHB 1724) and RCW indirect, and cumulative impacts, WAC 197-11-792) may be 43.21C.110. 97-21-030 (Order 95-16), § 197-I1-060, filed wider than the impacts for which miugation measures are 10/10/97, effective 11/10/97. Statutory Authority: RCW required of appLicants (WAC 197-I 1-660). This will depend 43.21C. I 10. 84-05-020 (Order DE 83-39), § 197-11-060, filed upon the specific nnpacts, the extent to which the adverse 2/10/84, effective 4/4/84.] impacts are attributable to the apphcant's proposal, and the capability of applicants or agencies to control the Unpacts in WAC 197-11-070 Limitations on actions during SEPA each situauon, process. (1) Until the responsible official issues a final (5) Phased review, determination of nonsi~tmificance or final environmental impact (a) kead agencies shall deterrmne the appropriate scope statement, no action concerning the proposal shall be taken by a and level of detail of environmental review to coincide with governmental agency that would: meaningful points in their planmng and decision-making (a) Have an adverse environmental tmpact; or processes. (See WAC 197-11-055 on tLmmg of environmental Co) Limit the choice of reasonable alternatives. review.) (2) In addition, certain DNSs require a fourteen-day period (b) Environmental review may be phased. If used, phased prior to agency action (WAC 197-11-340(2)), and FEISs review assists agencies and the public to focus on issues that require a seven-day period prior to agency action (WAC 197- are ready for decision and exclude from consideration issues 11-460(4)). already decided or not yet ready. Broader envtronmentat (3) In prepanng environmental documents, there may be a docmnents may be followed by narrower documents, for need to conduct studies that may cause nonsignificant example, that incorporate prior general discussion by reference environmental impacts. If such activity is not exempt under and concentrate solely on the issues specific to that phase of the WAC 197-I 1-800(18), the activity may nonetheless proceed if proposal, a checklist is prepared and appropriate mitigation measmes (c) Phased review is appropriate when: taken. (i) The sequence is from a nonproject document to a (4) This section does not preclude developing plans or document of narrower scope such as a site specific analysis designs, issuing requests for proposals (RFPs), securing (see, for example, WAC 197-11-443); or options, or peffornung other work necessary to develop an (ii) The sequence is from an environmental document on a application for a proposal, as long as such activities are specific proposal at an early stage (such as need and site consistent with subsection (1). selection) to a subsequent envh-onmental document at a later stage (such as sensitive design impacts). [Statutory Authority: 1995 c 347 (ESffB 1724) and RCW (d) Phased review is not appropr/ate when: 43.21C.110. 97-21-030 (Order 95-16), § 197-11-070, filed (i) The sequence is from a narrow project document to a 10/10/97, effective 11/10/97. Statutory Authority: RCW broad policy document; 43.21C. 110. 84-05-020 (Order DE 83-39), § 197-11-070, fried (ii) It would merely divide a larger system into exempted 2/10/84, effective 4/4/84.] fragments or avoid discussion of cumulative impacts; or WAC 197-11-080 Incomplete or unavailable information. (1) (hi) It would segment and avoid present consideration of If information on significant adverse impacts essential to a reasoned choice among alternatives is not known, and the costs proposals and their impacts that are required to be evaluated in a single environmental document under WAC 197-11-060 of obtaining it are not exorbitant, agencies shall obtain and (3)(b) or 197-11-305(1); however, the level of detail and type include the information in their environmental documents. of environmental review may vary with the nature and timing (2) When there are gaps in relevant information or of proposals and their component pans. scientific uncertainty concerning significant impacts, agencies shall make clear that such information is lacking or that (e) When a lead agency knows it is using phased review, it shall so state in its environmental document, substantial uncertainty exists. (3) Agencies may proceed in the absence of vital (f) Agencies shall use the environmental checklist, scoping process, nonproject EISs, incorporation by reference, adoption, information as follows: and supplemental EISs, and addenda, as appropriate, to avoid (a) If information relevant to adverse impacts is essential to duplication and excess paperwork, a reasoned choice among alternatives, but is not known, and the (g) Where proposals are related to a large existing or costs of obtaining it are exorbitant; or planned network, such as highways, streets, pipelines, or utility (b) If information relevant to adverse impacts is important to the decision and the means to obtain it are speculative or not lines or systems, the lead agency may analyze in detail the overall network as the present proposal or may select some of known; the future elements for present detailed consideration. Any Then the agency shall weigh the need for the action with phased review shall be logical in relation to the design of the the severity of possible adverse impacts which would occur if overall system or network, and shah be consistent with this the agency were to decide to proceed in the face of uncertainty. section and WAC 197-11-070. If the agency proceeds, it shall generally indicate in the appropriate environmental documents its worst case analysis WAC (4,,'15/98) [Ch. 197-11 WAC--p. 5] CITY OF BREMERTON BUILDING AND PLANNING DEPARTMENT DETERMINATION OF NONSIGNIFICANCE Environmental Application No: PLO 1-0008 Parcel No's: City-wide Date issued: April 23, 2001 Date published: April 25, 2001 ACTION: OFFICIAL ZONING CODE TEXT AMENDMENT PROPOSAL: The applicant's request is for Official Zoning Code Text amendment in the form of a Rezone application. The proposed end result will be to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, Figure 670(b), Off- Street Parking Requirements for Non-Residential Uses, to reduce the parking requirements for the Food Store (retail), Markets, and Supermarkets land use category, from one parking space for each 200 square feet of building gross floor area, to one parking space for every 250 square feet of building gross floor area. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. LOCATION: This Zoning Code Text amendment proposal involves all areas within the city designated with zoning classifications, which allow development of Food Stores (retail), Markets, and Supermarkets. PROPONENT: Albertsons, Inc. c/o Pacific Land Design 9709 Third Avenue NE, suite #203 Seattle, Washington. 98115 The Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the environmental checklist and attachments, other information on file with the City of Bremerton, and the policies, plans, and regulations designated by the City of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) pursuant to RCW 43.21 C.060. FINDINGS OF FACT: 1. The City has received an application for a Zoning Code Text amendment. The proposed amendment is to amend the text of Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code, Figure 670(b), Off-Street Parking Requirements for Non-Residential Uses, to reduce the parking requirements for the Food Store (retail), Markets, and Supermarkets land use category, from one parking space for each 200 square feet of building gross floor area, to one parking space for every 250 square feet of building gross floor area. This zoning code text amendment proposal, if approved, would be implemented on a citywide basis. 2. Zoning Text Amendment application requests are considered non-project actions, which do not propose specific development projects. Throughout the year, applications for zoning text amendments can be submitted. City Council Ordinance adopts those zoning text amendments recommended for approval as a result of the Public Hearing process conducted by the Bremerton Planning Commission. 3. A SEPA review check list has been reviewed for this non-project zoning text amendment proposal. Further development of property effected by this specific zoning text amendment that is not categorically exempt pursuant to WAC Chapter 197-11-800, and, which will require issuance of a City license or permit, will be subject to future review under SEPA. 4. An Environmental Impact Statement, for the Bremerton Municipal Code Title 21, Land Use, Chapter 21.02, Zoning Code was adopted by City of Bremerton Ordinance #3934, February 13, 1997, in which Off street parking requirements were addressed. CONCLUSIONS OF RESPONSIBLE OFFICIAL: The Responsible Official concludes, based on a review of application materials and a review of City regulations governing the proposal, that this non-development project action proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This Determination of Nonsignificance (DNS) is issued under 197-11-340(2). The lead agency will not act on this proposal for 15 days from the date of issue. Comments must be submitted by closing of the comment deadline. The Responsible Official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it wilt be final after the expiration of the comment deadline. No permits may be issued, and the applicant shall not begin work, until the comment deadline has expired and any other necessary permits are issued. Responsible Official: Christopher R. Hugo, Director, Building and Planning Department Lead Agency: City of Bremerton, Building and Planning Department City of Bremerton, Permit Center 286 4th Street Bremerton, Washington 98337 (360) 478-5275 Date of Issue: April 23, 2001 Comment Deadline: May 7, 2001 Date of Publication: April 25, 2001 Appeal Deadline: May 21, 2001 Christopher il~ Hugo, ReSponsiVe Official NOTE: Pursuant to RCW 43.21C.075 and City of Bremerton Environmental Regulations, Bremerton Municipal Code (BMC) Chapter 21.12. Decisions of the Responsible Official may be appealed. Appeals are filed with appropriate fees at the Building and Planning Department, located at the Bremerton Permit Center. Appeals must be filed within 14 days of the expiration of the comment deadline. You may APPEAL this determination to: Bremerton City Council NO LATER THAN: March 19, 2001. You should be prepared to make specific factual objections. Contact: Lee A. Wyatt to read or ask about the procedures for SEPA appeals. Phone:(360) 478-5275 NOTE: The issuance of this Determination of Nonsignificance does not constitute project approval. The applicant must comply with all other applicable requirements of City of Bremerton Departments prior to receiving construction permits. M L G la4.°c' p ~[ ~U~ 08 2~fl~ .i/ Seatll~,Wa~hington 98109 ~' TEL 206.676.7008 FAX 206.676.7001 BBEMEET3~,. BUILDIr,I~ n:~:.F,T:.~;:~ ~eter H. Dykstra .... direct 206.676.7095 dyks tra~men torla~.com June 6, 2001 Mr. Chris Hugo Department of Commurdty Development City of Bremerton 286 - 4th St. Bremerton, WA 98337 Re: Amended Appeal of Determinations of Non-Significance for Albertsons Stores Text Amendment Request To Amend Parking Ratio for Food Stores and Super-markets and City of Bremerton Text Amendment Request to Modi. f~ Open-Space Requirements Dear Mr. Hugo: As you requested, attached please find mended appeal forms /-rom Eldorado Hills, Inc. The amended forms concern the appeal of the Determinations of Non-Significance for Albertsons Stores Text Amendment Request To Amend Parking Ratio for Food Stores and Supermarkets and City of Bremerton Text Amendment Request to Modify Open-Space Requirements apparently L~ued by the City on April 23, 2001, and April 26, 2001, respectively, previously filed by Eldorado Hills, Inc. As we understand your position, the City believes that two separate appeals are required for a party to appeal the City's action on these Determinations of Non-Significance. We do not believe the Bremerton Municipal Code requires separate filings. Bremerton Municipal Code 21.02_395(g) simply requires that an appeal identify the subject of the appeal. Eldorado HiIls, Inc.'s original appeal fulfilled those requirements by clearly identifying the subject of the appeal. Nowhere does the Code require separate appeals or appeal fees for more than one subject being appealed. We believe the Code to be quite clear, and our client's original appeal was in full compliance with its requirements. Furthermore, substantial compliance with the appeal procedures is sufficient to rnainlmin our objections to the City's DeterminatiOns of Non-Significance. Nevertheless, we are abiding by the City's request for two separate appeal forms and appeal fees. As we discussed, the City will relate these amended Mr. Chris Hugo ~ June 6, 2001 Page 2 ~ appeal forms back to the original date of Eldorado Hills, Inc.'s appeal, May 16, 2001. Enclosed is the additional $124 appeal fee that the City requested. Please contact me directly if you have any further questions regardLng these matters. Please set these matters for hearing before the City Council in accordance with Bremerton Municipal Code 21.02.845. Sincerely, NIENTOR LAW GROUP, PLLC Enclosures A mended Appeal of Deter~nina tion of' Non-significance for A Ibertso ns Stores' Text Amendment Request To Amend Parking Ratio for Food Stores and Super~narkets (1) A??ellant's Name, Address and Phone Number. Eldorado Hills, Inc. 9481 Silverdale Way, No. 201 Silverdale, WA 98383 (360) 692-3079 Appellant's Counsel. Peter H. Dykstra Mentor Law Group 1505 Westlake Avenue North Suite 300 Seattle, WA 98109 (206) 676-7095 (2) Standing. We participated, through counsel, in the Planning Commission hearings on Mav 1, 2001, regarding the proposed text amendments. We submitted comments, through counsel on the Determination of Non-Significance on May 15, 2001. We appealed the Determination of Non-Significance on May 16, 2001. (3) Subject of the Appeal Determination of Non-Sigmficance for Albertsons Stores' Text Amendment Request To Amend Parking Ratio for Food Stores and Supermarkets apparently issued bv the Citv on April 23, 2001. (4) Grounds?or Appeal and Facts Upon Which Appea! is Based. We understand that the DNS for the text amendment to the parking requirements was issued on April 23, 2001. We first learned of the DNSs at the Mav 1, 2001 Planning Commission meeting. As acknowledged the May 1, 2001, Planning Commission meeting, the Albertsons' project was the source of the each text amendment. Despite a specific request dated April 12, 2001, from Mr. Mike Zoretic of Stanislaw Ashbaugh, our counsel at the time, that he be provided "with copies of any and all submittals, approvals or other documents or communication relating to the Albertsons' project," we never received notice of the DNS now being appealed. 'l~ae Ci~,'s decision to separate this text amendment from the environmental review of the Albertsons' project violates SEPA's clear prohibition on phased review or segmentation of review. See WAC 197- 11-060(3). Phased review or segmentation is not appropriate for two proposals "related to each other closelv enough to be, in effect, a single course of action." WAC 197-11-060(3)(b). Where they are closely related, the actions must be reviewed in the same environmental analvsis. Id. SEPA prohibits a governmental agency from moving forward with a particular course of action until a threshold determination and subsequent environmental impact analysis, if anv, is completed. WAC 197-11- 055(2)(c). Where a rezone, text amendment or other zoning change is connected to a project proposal that has the potential to more than moderately affect the environment, an EIS must be done at the rezone stage. See Indian Trails Property Owner's Association v. Spokane, 76 Wn. App. 430, 440 (1994). The attempts by Albertsons and the Citv to cast the changes in this text amendment as "city-wide' is an attempt to avoid considering the environmental impacts of the text amendment cumulatively with the environmental impacts of ~bertsons' project. Significantly, but for this text amendment, Albertsons' supermarket proposal cannot go forward. t-"he environmental impact of these amendments must be considered as an integral part of the proposal. A DNS that does not consider the cumulative impacts of the entire project is insufficient to comply with SEPA. The CiW's failure to provide notice, in accordance v~dth Bremerton Municipal Code 21.12.210(b) and WAC 197-11-680(5), despite our clear request for notification means that the time period for appealing these DNSs has not begun to run. See e.g., Den Beste v. :vol!ution Control Hearings ~oard, 81 Wn. App. 330, 339 (1996) ("'An aggrieved party, who has participated in an administrative hearing is not denied the right to appeal simply because [an agency.] failed to mail a notice of decision to it."). (5) Relief Reques ted. Full environmental review of the text amendment and the proposed Aibertsons" development, together as a single action. (6) Attestation. I have read th_is appeal and believe, to the best of mv knowledge, that the contents are true. Jg .d~v. EagleSon, ¥cretarv Eld rado tnc. ' AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: July 25, 2001 the Zoning Code Text by relaxing the parking ratio requirements DEPT. OF ORIGIN: P&B- Land Use for Food Store, Markets, and Supermarkets. ORIGINATOR: Chris Hu.qo, Director DATE SUBMITTED: July, 18 2001 2. CLEARANCES:. (Comment on back if necessary) 3. EXHIBITS: -! -/_ P&B Director: ,~-'b"..~...~{~ ./ o PC Findings & Conclusions ;C--City Attorney: ~..~/-'~-~__--~._ _~.~..------- ~ j o PC Minutes July 17, 2001 City Clerk: ~ t/~'~.~'";'_~ ... .~"/'/ o Staff Report Fiscal & Budget C(~L~n~i! Comm.: _~¢~..~..~.., o Ordinance to amend Zoning Text Operations Comm.: ~ /~'~-c~~--Lj ENDORSEMENT/~'_ INFORMATION APPROVED BY COUN.CIE)PRESlDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FJ;)R COUNCIL ACTION: The Albertsons Text Amendment Application PL01-0008,~poses a Zoning Code text amendment to change the parking ratio for Food Store, Markets, and Supermarkets'per BMC 21.02.670(b) and Figure 670(b). The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. 5. RECOMMENDATION' Move to approve the attached Ordinance # on first readinq. Move to pass the attached Ordinance # on second reading. 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AME~I~)E~ ~ COUNCIL DIRECTIVE: DATE: 8. AGENDA BILL NO.: ~1'"' I 7,~ 9. CLEARANCE COMMENTS: '10. IMPACT OF NON-PASSAGE: If the proposed ordinance is not approved, the city will lose the capability ............. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits ORDINANCE NO. AN ORDINANCE of the Bremerton City Council amending the Zoning Code, Chapter 21.02, Zoning Code Appendix, Figure 670 (b) of the Bremerton Municipal Code, to revise the parking ratio regulations for Food Store, Markets, and Supermarkets. The City Council of Bremerton makes the following findings: WHEREAS, Zoning code provisions set minimum standards for parking that is required to support primary land uses, including food stores, markets, and supermarkets. These requirements reflect the minimum number of spaces that are estimated to serve the parking demand generated by the supported use(s); and WHEREAS, The proposed amendment reduces the minimum required number of parking spaces by 25%; and WHEREAS, In an informal survey of communities in the Puget Sound region, the range of minimum required parking for supermarkets is broad, varying from one space for every 200 square feet of gross floor area to one space for 450 feet of floor area; and WHEREAS, The determination of the appropriate requirement for the minimum number of parking spaces that any use shall provide as a part of the development is one of local discretion, founded in community values such as efficient land use, promotion of alternative transportation, and reduction of impervious surface area; and WHEREAS, The consequence of setting the minimum requirement too high is to commit excessive site area to unused parking spaces, removing land from other urban uses and contributing to storm water management issues from the additional impervious surface area; and WHEREAS, The consequence of setting the minimum requirement too Iow is potentially placing the success of the planned urban environment in jeopardy by not insuring that motorists have a place to park while patronizing the food store, market, or supermarket; and WHEREAS, Although unmet parking demand may create off-site impacts to adjacent residential areas, patronage of food stores, markets and supermarkets is dependent on safe, convenient access to store entrances that is only afforded by adequate on-site parking; and WHEREAS, Food Stores, Markets, and Supermarket corporations set minimum operational parking standards that reflect the spaces considered necessary to support their stores; their determination of need is a viable consideration in setting community requirements; and WHEREAS, The goals of the state Growth Management Act and community values expressed in policies of the Bremerton Comprehensive Plan promote more efficient use of land, use of alternative modes of transportation, and protection of the environment; and WHEREAS, Community development patterns and changing community expectations for the urban environment support the proposed amendment for a new minimum-parking requirement for food stores, markets, and supermarkets; and WHEREAS, The proposed 25% reduction in the minimum number of parking spaces required for food stores, markets, and supermarkets is consistent with the Comprehensive Plan; and WHEREAS, The proposed amendment promotes the public interest and poses no adverse impacts to the community WHEREAS, The Bremerton Planning Commission, during their regularly scheduled meeting on July 17, 2001, taking into consideration previous public hearing testimony, determined that this text amendment request was consistent with the Comprehensive Plan and with the City's Development Regulation Amendment criteria, contained in BMC 21.02.925, adopted Findings and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and WHEREAS, the Bremerton City Council conducted a public hearing on July 25, 2001 to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING: Section 1: Bremerton Municipal Code (BMC), Chapter 21.02, Zoning Code Appendix, Figure 670 (b) of the Bremerton Municipal Code, revising the parking ratio regulations for Food Store, Markets, and Supermarkets, is amended to read as set forth in Exhibit A attached: Hereto and by reference incorporated herein. Land Use Min. parking requirements Food Store (retail) 1 space per 250 sq. ft. of gross floor area. Markets & Supermarkets A minimum of 6 spaces shall be provided. Section 2: The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council APPROVED by the City Council of the City of Bremerton this __ day of ., 2001. PASSED by the City Council of the City of Bremerton this __ day of ,2001. JOHN LAW City Council President APPROVED this __ day of ,2001. LYNN S. HORTON ATTEST: Mayor KATHLEEN McCLUSKEY City Clerk Figure 670(b) OFF-STREET PABAONG REQUIREMENTS FOR NON-RESIDENTIAL USES LAND USE MIN. PARKING RE(~UII~, MENTS Hotel I space per 2 guest rooms, plus I space per 200 sq.ft, of'gross floor area devoted to other common uses. Motel space per 2 guest rooms, plus space per 200 sq.f't, of'gross floor area devoted to other common uses. space for thc manager. Bed & Breakfast space per guest room, plus Establishment space for the resident household. Travel Trailer Park I space per travel trailer site, plus Tourist Court 1 space per each 10 sites to be located in a security area suck, as a vehicle storage area, plus ! space per five trailer sites for guest parking, and Addilional spaces, as needed, for office or commurfiD' build/~qgs. Automobile Service space per 200 sq.R. oFgross floor area, plus space per service bay (bay itsel[is no:. a space). A minimum of 5 spaces shall be provided. Barber Shop/Beauts' Salon 1 space per 75 sq.R. of gross floor area. Ballk I space per 350 sq.p,, of gross floor area. Bowling Alley 5 spaces per lane. Medical/Dental Clinic I space per 150 sq.ft, of'gross floor area. or Office Clubs, lodges I space per 4 fixed seats, and I space per 50 sq.R. of gross floor area of assembly areas without fixed seating. Convenience Market I space per 200 sq.ft, of gross floor area. A minimum of'6 spaces shall be provided. Dance Hall 1 space per 100 sq.fi, of gross floor area. Food Store (retail) I space per250 sq.ft, o~'gross floor area. Markets & Supermarkets A minimum of 6 spaces shall be provided. Garden Nursery I space per 400 sq.ft, of gross floor area (retail). I space per 500 sq.ft, of building and outside display area (wholesale). Health Club, Figure Salon, 10 spaces per 1,000 sq.ft, of'gross floor area. Physical Fitness Center Hospitals & Medical 1.8 spaces per bed. Number oFbcds to be determined by lice,sc t)l' thc State Centers (Portion with beds) of Washington. (Hospital basinets are not considered beds) EXHIBIT A BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL01-0008: Proposed Zoning Code Text Amendment to change the parking ratio for Food Store, Markets, and Supermarkets as provided in BMC 21.02.670(b) and Figure 670(b). FINDINGS: 1. Zoning code provisions set minimum standards for parking that is required to support primary land uses, including food stores, markets, and supermarkets. These requirements reflect the minimum number of spaces that are estimated to serve the parking demand generated by the supported use(s). 2. The proposed amendment reduces the minimum required number of parking spaces by 25%. 3. In an informal survey of communities in the Puget Sound region, the range of minimum required parking for supermarkets is broad, varying from one space for every 200 square feet of gross floor area to one space for 450 feet of floor area. 4. The determination of the appropriate requirement for the minimum number of parking spaces that any use shall provide as a part of the development is one of local discretion, founded in community values such as efficient land use, promotion of alternative transportation, and reduction of impervious surface area. 5. The consequence of setting the minimum requirement too high is to commit excessive site area to unused parking spaces, removing land from other urban uses and contributing to storm water management issues from the additional impervious surface area. 6. The consequence of setting the minimum requirement too Iow is potentially placing the success of the planned urban environment in jeopardy by not insuring that motorists have a place to park while patronizing the supermarket. 7. Although unmet parking demand may create off-site impacts to adjacent residential areas, patronage of supermarkets is dependent on safe, convenient access to store entrances that is only afforded by adequate on-site parking. /5( 8. Supermarket corporations set minimum operational parking standards that reflect the spaces considered necessary to support their stores; their determination of need is a viable consideration in setting community requirements. 9. The goals of the state Growth Management Act and community values expressed in policies of the Bremerton Comprehensive Plan promote more efficient use of land, use of alternative modes of transportation, and protection of the environment. CONCLUSIONS: 1. Community development patterns and changing community expectations for the urban environment support the proposed amendment for a new minimum-parking requirement for food stores, markets, and supermarkets. 2. The proposed 25% reduction in the minimum number of parking spaces required for supermarkets is consistent with the Comprehensive Plan. 3. The proposed amendment promotes the public interest and poses no adverse impacts to the community. Approved by the Bremerton Planning Commission on ~"~ ~a~ir Kos/~s~o~A~~ '"SecretaryChris~/~'/'~ ~~'~ "/')-- - Hugo 13;l Minutes for Approval DRAFT Planning Commission Meeting July 17, 2001 I. Call to Order The meeting was called to order by Chairman Kosusko at 5:37 p.m. II. Roll Call Those present were: Chairman Kosusko, Commissioner Cockburn, Commissioner Dingfield, Commissioner Kennedy, and Commissioner Moshay. Quorum certified. III. Approval of Agenda A motion was made by Commissioner Dingfield and seconded by Commissioner Kennedy that the agenda be approved as submitted. Called for a vote: Cockbum: yes; Dingfield: yes; Kennedy: yes; Moshay: yes; and Kosusko: yes. Agenda approved. IV. Approval of Minutes The June 19, 2001, minutes were presented for approval. There were two changes: Page one, the meeting was called to order at 5:40 p.m., not 6:40 p.m; and page six, the first sentence in the last paragraph should read "Chairman Kosusko stated that he too, is in favor of the application, but was disappointed in the Church because they tried to move this play area without going through the Commission first." A motion was made by Commissioner Kennedy to approve the minutes of the June 19, 2001, meeting with the aforementioned changes. The motion was seconded by Commissioner Dingfield. Called for a vote: Cockbum: yes; Dingfield: yes; Kennedy: yes; Moshay: yes; and Kosusko: yes. The minutes were approved. V. Public Meeting A. Call to the Public (public comments on any item not on tonight's agenda). None. Since there was no public comment, Chairman Kosusko moved directly to the public hearing. B. Public Hearing Continued Item - Testimony Open: Chairman Kosusko stated that the first item is a continued item, where testimony was left open. PL01-0024: City of Bremerton, Downtown Development Policies. Planning Commission Meeting July 17,2001 Page ! of 7 Mr. Hugo stated that the only addition is the promised report from the consultant that has been working with The City on the downtown development strategies, Calthrop & Associates. You have the report before you that was provided to The City this last spring. It is a discussion of the overall downtown strategies related to plan that was presented a couple of hearing dates ago. He drew the commission's attention to page three, the Implementation Plan section which talks about the Illustrative Plan and Regulating Map. Mr. Hugo reminded the commission that this report is just a narrative, not policy, and that it can be edited to help its clarity. He further expressed that he doesn't think that the public here is familiar with the terminology of the Regulating Map. The concept does have a good idea behind it. The map provides a way of noting where the high buildings should go; these are the important streets; and terms the streetscape and then we tool our regulations to make sure we achieve the urban design attempts expressed in the overall illustrative plan concept. This would be accomplished by using the map as a guide, when we review developments (i.e., If this development on this street you have a different set of standards to follow than if you are on a secondary street or one that doesn't have the same pedestrian emphasis.). Commissioner Kosusko stated that Seattle's zoning code had implemented something like this, where there are designated pedestrian corridors, and streets are ranked according to their uses. He said that it has been codified into the zoning code now, but he imagined that it started with some sort of regulating map. Mr. Hugo, then drew the commission's attention to the second bullet. "The Regulating Map shows towers that encroach visual focal points at key locations." One of the weaknesses with the Illustrative Plan is that it is two-dimension. You cannot tell where the height is in the building. During one of the Calthrop exercises this spring, I noted that San Francisco has a very deliberate strategy using building rise to accentuate their topography. Where the natural form of development might be where the ground is flat, you would do the easy tall buildings. Then when the ground starts getting steep, you don't build as high because it might be more difficult. San Francisco does just the opposite. When the ground is flat in the valleys, they keep the buildings low. That's why you see predominately 2-4 story buildings throughout the low parts of San Francisco. But particularly closer to the core, they try to get the higher density towers up the hills and building them on top of the hills to even accentuate the hills more. So when you look at San Francisco from the water or across the bay, you see that very characteristics hilly form. Rather than the other way (natural form), might be the tall buildings will fill in the valleys and the short buildings will chop up the ridgelines and you get a flat urban landscape. So, we are missing the diagram that shows where building rises should go, for regulatory purposes. We have now asked Matt Tucker or Calthrop, to provide a height map. Then when we get to the next phase (Land Use Code or Zoning Code changes), we will have a diagram to propose to you for consideration for a height plan. Commissioner Dingfield asked if existing buildings would be grandfathered in and then as changes are made, would they then conform to whatever is adopted? Specifically, the Caltrhop plan, which has been in the public eye for some time - the plan shows that the Penney's Building disappears. That's more of an open space in an urban center and we do have the Bremer Trust now developing parking there. Mr. Hugo stated that buildings will have non-conforming rights. They will be able to stay in their current configuration in perpetuity. Different communities use different thresholds for how far you can redevelop a project before you essentially have to conform to all the new codes. Sometimes there's a proportionate response. For example, if you redo half the building you would be required to bring about half the things back into code compliance. So, there would be a kind of negotiation that occurs. Some communities, you could loose essentially 60-70% of the building to fire and still have a right to rebuild it to it's pre-fire form without having to meet the new codes. We, the City of Bremerton, haven't gotten there Planning Commission Meeting July 17, 2001 Page 2 of 7 yet. That is an excellent question for the overall zoning code for the City, since those kinds of thresholds applies everywhere. There was a short discussion about the Penney's building. Mr. Hugo expressed that the draft code that will be presented to the commission, the policies are not descriptive about which direction to go in terms of height. The height map will help articulate that. We may need to bring it to you subsequent to this, as a compliment to this before we get to the Land Use Code. It is essential because the draft code states that the waterfront environment the height limit is 60 feet. That is how it is proposed in the downtown, waterfront district from Washington Street to the waterfront. Everything on the interior of that proposed height is 120 feet. Well 120 feet could be 10 stories of residential, for instance. That means that such things as the government center might be built and then it could all of a sudden loose all of it's view access from the high ground because of 10 story buildings being built on the low ground that flattens out the landscape and essentially denies everybody any views. That is a concern. We want the government building to stand out and be a civic icon. We don't want to create unintended development patterns because we haven't thought about it enough. Commissioner Kosusko asked if we waiting for the height map before we move on this agenda item? Mr. Hugo said that we don't need to wait. This narrative goes to a point and then discusses draft code concerns. Since we are still looking at this issues, we haven't brought the land use (code) package to you. We have to review the floor ratio. For example, the proposal we have before the Public Facilities District for a conference center, hotel, condos, parking structure, retail, and restaurant. When I added up the floor areas of all those projects - the total floor area was 4 times the site area. That means that the project requires a floor area ratio of at least 4.0 to be accommodated. Yet the draft code says that if you do all the right things you can get up to 3.0. We are a whole floor short. So we need to go back and check that code proposal to verify that what the Illustrative Plan is showing can be accommodated within the code structure. In response to Mr. Hugo's example, Commissioner Kosusko initiated a discussion about the proposal before the Public Facilities District. Based on this discussion, Mr. Hugo reassured the he will remind the strategies committee looking at that map - don't make that 10 story ban or locations many or too broad. That would make it too limiting, just try to achieve some very specific urban design intents. Otherwise, he thinks it will kill the market. Mr. Hugo stated that the narrative is informational to the commission. He said that the draft code concerns should be noted that these are issues we are still looking at as we go through the final step of the commission reviewing code for future recommendations. Commissioner Kosusko asked if this is part of our comprehensive plan amendment. Mr. Hugo suggested that the first part be added as a "front-end". It still requires some editing before the final publication. Ms. Honore made copies of the Downtown Core Policies for the commissioners. Commissioner Kosusko asked if there was any public comment on this item. None. The public heating was closed on this item. The commissioners concluded that there has been no opportunity to deliberate on the Downtown Development Policies. Commissioner Dingfield asked a question about the downtown core, both #8 and #9. Internal corridors or terrace walkways. Is that something that private developers are going to be responsible for doing or is that going to be part of City responsibilities. Mr. Hugo stated that those kinds of features are something that City either negotiates with the project or has to require Planning Commission Meeting July 17, 2001 Page 3 of 7 through an easement and public funds to develop. Unless the property owners see that it is in their own interest and they think that it's a good idea to give access to our property from new directions. Calthrop was not that excited about the cut-throughs, they are controversial. There was a short discussion about block cut-throughs and alley spaces as interesting urban spaces. We are leaving internal corridors, terrace walkways, and cut-throughs in. However, it is not specified who is responsible for them. Commissioner Dingfield stated that we are leaving them in as pretty arbitrary. She thinks we're not leaving any room for movement on that (...new development should include...). Would it be more appropriate to leave a little more "wiggle" room on that? Commissioner Kosusko suggested rewording to .... new development is encouraged to include. Mr. Hugo explained that one of the normal ways that planners craft policies for feeding back to the public is to use action verbs as the word. For example: "Encourage internal corridors or terrace walkways .... to traverse the steep topography..." Commissioner Kosusko stated that it would be stronger that should, it is not must. Commissioner Kennedy stated that language can be vague - some planners make a point of saying we must do this. Maybe that was the intent and maybe it wasn't. Mr. Hugo stated that this is included on the Illustrative Plan, but we still wouldn't tell the that they had to do that because it would be an exaction of a public benefit with no relationship to an impact. I wouldn't do that. Anyone operating under the law should not do this. Commissioner Kennedy asked if using the word "should" would make it a requirement. Mr. Hugo responded that it would not, this is a statement of public intent as to what we want to accomplish and it doesn't say who is responsible. Commissioner Kennedy had a question regarding goals and policy suggestion under #5 "Downtown Waterfront Goals," office use on upper floors should be added to the list of uses encouraged. She stated that this seems upside-down. The office should be on the street level and the residential areas should be on the upper floors of the waterfront district according to what we had discussed. Mr. Hugo stated that these comments are getting into the code section and the land use codes should be considered as history of comment. It was determined that office use is an 8-to-5, weekday use and doesn't activate the waterfront the way residential and retail use does. The waterfront is too valuable to give up to 8-to-5, weekday use. Commissioner Dingfield had a question about parking, #2 (Parking Standards). Mr. Hugo stated that right now there is no parking required in the downtown area with new uses. Parking is still something that is being discussed. There is a parking access and circulation study going on, which will be presented to you before the final code is adopted. If you look in the code section, there is a range from minimum to maximum. (Minimum of 1 parking space per 1,000 square feet, Maximum of 4.) This will be examined again to make sure there is adequate capacity for uses, commuters, and daily patrons - office workers and people who are shopping. We are on the verge of signing a contract for a fairly extensive study of parking and downtown traffic circulation considering ferries and access to garages, etc. Commissioner Kosusko asked if the Shipyard is part of that discussion. Mr. Hugo state that yes, they are. Commissioner Dingfield asked if new construction would be held to a different standard than redevelopment? Mr. Hugo repeated that it would depend on which threshold would initiate it. For example, if you took older waterfront properties and redeveloped the whole thing for a new residential - all of that would be subject to a new standard. If we put in a standard and you take an existing building that hasn't been occupied for a couple of years, they might have to contribute to a parking structure somewhere to meet their parking demand. Everyone downtown is going to need parking. The land use section of this report should be completed by end of August or early September. That parking report better be ready, because that is one of the things driving the Planning Commission Meeting July 17,2001 Page 4 of 7 Government Center decision for the County. They have to make sure that parking has been addressed. Commissioner Dingfield had major concerns about the foot ferry passengers. There was a lengthy discussion about the walk-on ferry passengers and "kiss and ride" areas. She stated that we (City of Bremerton) will become a walk-on ferry destination and that our terminal is unfriendly. The group decided that the best way to address this issue was to modify General Policy #3 by changing it to read, "Parking implies including both on street and off street facilities should be managed to emphasis short term use over long term use ensuring an adequate supply for shoppers, visitors and ferry passenger pick-up and drop off." A motion was made by Commissioner Kennedy to approve PL01-0024 as revised and seconded by Commissioner Dingfield. Called for a vote: Cockbum: yes; Dingfield: yes; Kennedy: yes; Moshay: yes; and Kosusko: yes. Motion carded. VI. Business Meeting In the interest of time, Chairman Kosusko moved to the Business Meeting portion of the agenda, directly to Old Business - Adoption of written findings. Mr. Hugo made a statement reminding the public that the Commission made decisions to recommend all of these items to the City Council for approval. These items are now reviews of draft findings and conclusions in support of those actions. The commission received these facts and conclusions last in an effort to expedite the editorial changes. D. Old Business: a. PL01-0010 - School District, Adaptive Reuse Policy, Comprehensive Plan Amendment. Mr. Hugo read the facts and conclusions directly from the draft Findings and Conclusions Report. He then asked if there were any questions. There was no questions or discussion. Commissioner Moshay made a motion that the Commission adopt the findings and conclusions for PL01-0010 as written. Commissioner Kennedy seconded the motion. Called for a vote: Cockburn: yes; Dingfield: abstained; Kennedy: yes; Moshay: yes; and Kosusko: yes. Amendment adopted. b. PL01-0011 - School District, Adaptive Reuse, Zoning Text Amendment. Mr. Hugo read the facts and conclusions directly from the draft Findings and Conclusions Report. He then asked if there were any questions. There was no questions or discussion. Commissioner Kennedy made a motion that the Commission adopt the findings and conclusions for PL01-0010 as written. Commissioner Moshay seconded the motion. Called for a vote: Cockbum: yes; Dingfield: abstained; Kennedy: yes; Moshay: yes; and Kosusko: yes. Amendment adopted. c. PL01-0008 - Parking Ratio, Zoning Text Amendment. Mr. Hugo read the facts and conclusions directly from the draft Findings and Conclusions. He then asked if there were any questions. There was no questions or discussion. Commissioner Moshay made a motion that the Commission adopt the findings and conclusions for PL01- 0010 as written. Commissioner Kennedy seconded the motion. Called for a vote: Cockburn: yes; Dingfield: abstained; Kennedy: yes; Moshay: yes; and Kosusko: yes. Amendment adopted. Planning Commission Meeting July 17, 2001 Page 5 of 7 ]37 d. PL01-0016 - Front Yard Averaging Policy, Comprehensive Plan Amendment. Mr. Hugo read the facts and conclusions directly from the draft Findings and Conclusions Report. He then asked if there were any questions. There was no questions or discussion. Commissioner Dingfield made a motion that the Commission adopt the findings and conclusions for PL01-0010 as written. Commissioner Moshay seconded the motion. Called for a vote: Cockburn: yes; Dingfield: yes; Kennedy: yes; Moshay: yes; and Kosusko: yes. Amendment adopted. e. PL01-0017 - Common Open Space, Zoning Text Amendment. Mr. Hugo read the facts and findings directly from the draft Findings and Conclusions. He then asked if there were any questions. There was one typographical error. Commissioner Dingfield made a motion that the Commission adopt the findings and conclusions for PL01- 0010 as revised. Commissioner Kennedy seconded the motion. Called for a vote: Cockbum: yes; Dingfield: yes; Kennedy: yes; Moshay: yes; and Kosusko: yes. Amendment adopted. A. Chair Report 1. Commissioner Kosusko publicly acknowledged the receipt of a letter from Mr. Moreno of the Emanuel Apostolic Church. The letters appears to be a explanation and rebuttal of some of our concerns from the last meeting. 2. Department of Transportation Meeting regarding the Wheaton Way Corridor. Commissioner Dingfield had a School Board Meeting that evening. However, she sent several letters to the editor regarding her input. Commissioner Kosusko suggested that if anyone had input, they could still submit comments by e-mail. He stated that he tried to be very positive and there was a question and answer session. B. Director's Report - Mr. Hugo reported the following: 1. Updated on the Planning & Building Department reorganization. Please note that our new Office Assistant Senior is doing very well. We are so happy to have Mitchelle. She is making our operation much smoother. You can tell by the quality of the minutes that you review, we didn't have to do too much this time. For the first time in months, they are not only on time, they are also very accurate. 2. On Friday, your Chair and the rest of our panel are starting our Planner interviews. We have six finalists with varied experience. We will be interviewing Friday morning and Monday morning, six people. Our goal is to make offers to three of the six. One is local, one lives in Seattle, two just graduated from Eastern Washington University with Planning degrees. Of the other two: one is flying up from Arizona and has a history in the Northwest and is wanting to come back. Is a town planner now in Arizona; and the other person also has a history in the Northwest and is a young woman who has just graduated from Tuffs University in Maine. She is flying here from Maine. Commissioner Kosusko added that he has the applications and he is quite impressed by the quality of the applicants. There was a short discussion of the test, the make-up of the interview panel, and the format of the interviews. Mr. Hugo asked if anyone could help by providing tours to the applicants. Commissioners Dingfield and Moshay volunteered to help by providing tours. Planning Commission Meeting July 17, 2001 Page 6 of 7 /$8 3. Our Building Development Specialist I that will do Land Use item for the counter - we are half way through the testing process. A County permit clerk, Valarie (Our Building Development Specialist I for Building), and our Civil Service Officer are interviewing that group of eight people to complete the testing process. They should all be scored from that by July 27, 2001. Then early the next week, I'll be interviewing the top three candidates. 4. There may be a need for a special meeting, because of notification. Mr. Hugo will confirm that as soon as possible. Findings and conclusions of the downtown policies that we have just recommended for approval. Also, the eight other comprehensive plan map amendments. The special meeting could be as soon as July 31, 2001. Commissioner Kosusko informed the group that he will not be present at the August 21, 2001, meeting. 5. The Mayor and the City Council has the Hearing Examiner as a high priority. Now that we have a new contract attorney to assist the City that I can turn the Hearing Examiner proposal over to the attorney. This will be his first assignment. I am committed to getting something to the City Council by the end of August and with the Mayor setting that priority - it will happen. There was a short discussion about the commission's role in assisting with this priority. It was decided that the ordinances will come through the commission. VII. Adjournment Meeting was adjoumed at 7:20 p.m. The next regular meeting is scheduled for August 21, 2001. Respectfully submitted by: Executive Secretary Approved by: Andrew J. Kosusko, Chairman Planning Commission Meeting July 17, 2001 Page 7 of 7 PLANNING AND BUILDING DEPARTMENT ZONING TEXT AMENDMENT STAFF REPORT PROPOSAL: Proposed zoning code text amendment to change the parking ratio for Food Store, Markets, and Supermarkets per BMC 21.02.670(b) and Figure 670(b). DATE OF REPORT: APRIL 19,2001 APPLICANT OR PROPONENT (FILE NUMBERS): Albertson's Stores (PL01-0008) CONTACT: Jim Towslee, Pacific Land Design, (206)522-9510 LOCATION OF PROPOSAL: This proposal will apply to these uses within the entire city. BACKGROUND: The Zoning Code adopted in 1998 to implement the Comprehensive Plan specifies that food stores, markets, and supermarkets shall provide one parking space for each 200 square feet of building gross floor area. The applicant is proposing a new supermarket within the city on a site that cannot meet the specified ratio. The proposed code amendment would change the parking requirement for the Food Store, Markets, and Supermarkets use category to one parking space for every 250 square feet of building gross floor area. This would result in a 20% decrease in the minimum parking requirement for these uses. The main issues associated with on-site parking for non-residential uses are meeting customer needs (or tenant demands) and avoiding off-site impacts to other properties and uses. The ratios provided in the zoning code are based on development practices over the past several decades but are not necessarily consistent with future needs and community values. Factors such as proximity to other non-residential uses to allow shared parking, the availability of other transportation modes besides automobile, and the frequency and duration of peak demand can reduce the need for parking area. However, whatever ratio is established, parking should still reasonably accommodate customer demand and not create "spill-over" impacts to other properties in the vicinity. This is particularly sensitive in residential settings, permit pursuant to a public hearing process to insure that issues of compatible use and development are addressed. PROPOSED ZONING TEXT AMENDMENT:. In Figure 670(b) of BMC Chapter 21, make the following revision to the table: Land Use Min. Parking Requirements Food Store (retail), I space per 250 sq. f. of gross floor area. Markets & Supermarkets A minimum of 6 spaces shall be provided. ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued for this non-project action in accordance with WAC 197-11 on April 23, 2001. DECISION CRITERIA: There are two cdteria that must be satisfied to approve an amendment of development regulations in the zoning code. Both of them relate to consistency with the Comprehensive Plan and its implementing regulations. The primary associations between this proposed change in development standards and the goals and policies of the Comprehensive Plan are in the area of land use efficiency and environmental quality. This amendment would produce a 20% reduction in the amount of parking area, land that could be used for other urban purposes. Further, it would produce 20% less impervious surface, reducing the mitigating measures for storm water management.