HomeMy WebLinkAbout09/05/01 AGENDA CITY COUNCIL MEETING AGENDA
SEPTEMBER 5, 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. Appointment of Lea Duffy to the Board of Appeals, Housing/Building Codes (#AB01-195)
B. Appointments to the Lodging Tax Advisory Committee (#AB01-196)
C.Request for an Easement by Puget Sound Energy for Electrical Facilities at Well 21
(#AB01-197)
.Request to Set Public Hearing Dates for Proposed Comprehensive Plan
Amendments
PL00-0054, NanceNVeslon Place; PL00-0073, WESLAR/Larson; and PL00-0077,
Mentor/Clare Avenue (#AB01-198)
PUBLIC HEARINGS - RESOLUTIONS
A.Public Hearing and Resolution No. 2835, Regarding Recovery of Fees for Resecuring the
Building Located on the Property at 1320 North Callow Avenue (#AB01-199)
PUBLIC HEARINGS - ORDINANCES
A.Public Hearing and Ordinance (First Reading), Regarding Signs in the Public Right of Way,
and Amending Bremerton Municipal Code 21.02.330 (e) (9) and Title 21 Appendix Figure
^ 3-30 (#AB01-200)
13. ADJOURNMENT OF MEETING
FOLLOWING THE COUNCIL MEETING THERE WILL BE A MONTHLY STUDY SESSION HELD IN
THE COUNCIL CONFERENCE ROOM TO HEAR AN "UPDATE OF FIRE DEPARTMENT
OPERATIONS"
CITY COUNCIL MEETING
SEPTEMBER 5, 2001
SPEAKERS LIST
If you have a question lhat may require a written response, please provide your mailing address.
Thank you.
NAME , ), TELEPHONE TOPIC
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Reminder: The next Council Meeting will be on Wednesday, September 12~
REMARKS TO THE BREMERTON CITY COUNCIL ON 5 SEPTEMBER, 2001
CONCERNING THE ¥¥ESLON PLACE, REZONE
By Helen Miller ~ ~ ·
THE FOLLOYVING EVENTS AND CONSIDERATIONS .~E RECOUNTED AT THIS TIME
TO BE M.&DE PART OF THE OFFICIAL RECORDS OF THESE PROCEEDINGS.
INTRODUCTION: THE BREMERTON BUILDING_/-IND PLANNING DEPART~IYENT STEADFASTLY
REFUSES TO INCLUDE INTO CONSIDERA TION A VA[LABLE FILES RELA TING TO PR OPER TIES BEING
NOW CONSIDERED FOR DEVELOPS. lENT, REGARDLESS OFANT CONTRO VERSI.~iL HISTORY OR
~fflS. REPRESEArFATION OR DENIAL, OR EP~N RE~EWS B.¥ STATE AGENCIES AND BOARDS
CONTAINED THEREIN. THE CITY DOES HOWEI/~ER CHOOSE TO SELECT ABSTRACTS FROM THE
PAST HISTORY CONTAINED IN THOSE PROPERTY FILES- OFTEN THESE ABSTRACTS ARE
MISLEADING AS THEY ARE INCOMPLETE AND HA VE BEEN TAKEN OUT OF ORIGINAL CO. NTE._¥T.
1. THE WESLON PLACE PROPERTY REZONE EFFORT WAS FIRST INTRODUCED AS BEING
PART OF TI-IE COMlPREH~NSIVE PLAN AJPPROVAL PROCEEDINGS IN LAST YEAR'S
COMPREHENSIVE PLAN ACTIONS..
2. SEx[TEEN DEVIATIONS AND DEFICIENCIES RELATING TO THAT REZONE EFFORT WERE
NOTED, AND FOR1VIED THE BASIS OF A CITIZEN'S APPEAL TO THE GROWTH MANAGEMENT
HEARING BOARD (GIvlHB) LAST YEAR.. SUBSEQUENTLY, A STATE/vfENT FROM THE
DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT (CTED) ECHOED
SOME OF THE ORIGINAL DEFICIENCIES IN STATING: "WEARE CONCEP~¥~D Pi. qTHA COUPLE OF
THE At~E.N-DMENTS TI-fAT WOULD RE-DESIGNA TE AREAS.ALONG MAd'OR AR TERJ.4LS, FR Ofi¥
RESIDENTL4L TO B U'SINESS AND C O.M_t¢.[ERCL~L. Z4_R T OF THE REASONING FOR THESE
RE-DESIGA~TIONS APPE..'4RS TO BE BASED O~ON THE ASSU3:[PTION THAT C03:[g.:fERCL4L
DEWELOP.~I~ENT WILL PRO//TDE A BUFFER B ET'W/'EEN THE ARTERIAL AND RESIDENTLgL
PROPERTIES. THIS g~4Y NOT BE AN ACCURATE ASSUgYPTION. COg~£ERCL4L DEICELOPJl(ENT
CR~..4TE IT'S 0I~'~r TR,4FFIC, AIR, ,~ND OTHER J~I~P.4CTS UPON AD~4CENT REStDENTJAL U'SES."
Pg. 1 of 4
3. AT THAT GN,ff--IB HEAR. lNG, THE BREMERTON CITY ATTORNEY ADMITTED THAT THE
CITY'S PROCESSING OF THE REZONE WAS IMPROPER . THE CITY ATTORNEY Tt-I:EN HAD TI-~
CITY COCq'4CIL REVOKE THE ORDINANCES TI-IEY HAD PASSED IN ORDER TO APPROVE THE
ORIGINAL REZONE. THESE ORDINANCES WERE REVOKED ON THE BASIS OF ONE OF THE
IDENTIFIED DEFICIENCIES PRESENTED IN THE GMHB APPEAL.; THE ONE MOST EASILY
ADDRESSED - CITING INWROPER PUBLIC NOTICE.
THAT ACTION ENABLED THE CITY TO AVOID FURTHER APPEAL PRESENTATION
BEFORE TI--tE FULL HEARING BOARD, BY MAKING THE APPEAL "MOOT. (IE NO ZONING
CHANGE ERGO NO CASE) THE APPEAL HOWEVER REMAINS VALID AS TO THE REMAINING
UN-ADDRESSED ITEMS AND MAY BE ADDRESSED UPON APPLICATION TO THE G.kE4B
SHOULD THE CIITAGAIN P4SS AN ORDINANCE TO EN4BLE "THE UNCORRECTED REZONE
ACTION'". THE ORIGINAL APPE,ad_, WAS DEFINITELY NOT "DENIED" AS THE PLANNING ANrD
BUILDING DEPT. WOULD HAVE YOU BELIEVE IN THE PLANNING COM1MISSION FINDINGS AND
CONCLUSIONS OF 31 JU'LY, 2001; NOR WAS THE STATEMENT IN THAT SAlVIE PLANTNING
COMMISSION REPORT'S "CONCLUSIONS" WHEN IT STATED THAT "THE REZONE It;AS IN THE
PUBLIC INTEREST AND WILL NOT BE 31.4 TERIALLY DETRIMEN~4L TO THE SURROUNDING
NEIGHBORHOOD." THIS LATTER OPINION RENDERED DESPITE THE FACT THAT THE
GENERAL BUSINESS DESIGNATION ALLOWS ABOUT 86 AUTHORIZED USES - INCLUDING
GAS STATIONS A2qD AUTO REPAIR FACILITIES, BEING LOCATED A SHORT DIST.MNCE
UPHILL FROM AN OYSTER BAY WATERFRONT RESIDENTIAL COM2VIUNITY. RUNOFF AND
POLLUTANTS WOULD HAVE A DISASTROUS ENVIRONMENTAL IMlPACT ON THE BAY.
4. THUS ONLY ONE OF THE SLXTEEN APPEAL ITEMS WAS ,ad)DRESSED BY THE CITY, THE
REMAXNING FIFTEEN CITED ITEMS WERE AGAIN IGNORED; INCLUDING THE "CRITICAL LAND
ORDINANCE" AND THE "STORlVlWATER ORDIN,&NCE".
5. AS THE. WESLON PLACE REZONE PROCESSED THROUGH THE SYSTEM THE SECOND
TIME, AN APPEAL OF TIlE DNS TO THE CITY COUNCIL WAS FILED, AND IN THE CONDUCT OF
THIS APPEAL HEAR.ING THE APPELLANT'S AND THE PUBLIC'S RIGHTS TO DUE PROCESS
WERE VIOLATED AS THE APPEAL WAS SUBJECTED TO ARBITRARY AND CAPRICIOUS
TREAT1VIENT IN THESE COL.LNCIL CH.~MBERS.
Pg. 2 of 4
6. THE PLANNING COMIvlISSION, IN DE FACTO REFUSAL TO REVISIT THE ITEMS
IDENTIFIED IN THE ORIGINAL APPEAL TO Tt-IE GROWTH MANAGE},/IENT HEARING BOARD,
AND AFTER RECEIVING FALSE AND MISLEADING INFORMATION FROM AN EIv[PLOYEE OF
THE BUILDING AND PLANNING DEPARTNIENT, AND AFTER APPLYING DOUBLE STANDARDS
TO AT LEAST TWO PROPERTIES CONSDERED AT THAT TIME FOR REZONE ACTION - DD
AGAIN, WITHOUT DELIBERATION, IN AN APPARENT RUSH TO JUDGMF. NT - RECO1VINIEND
APPROVAL OF THE WESLON PLACE REZONE.
7. ORDINANCE 4567 AND BMC 21.02 PAINT A CLEAR PICTURE ON THE SUBJECT OF 'S3,IALL
AREA REZONES'. THE PLA_NFNiNG AND BUILDING DEPARTlvlENT IIvlPROPERLY COMBINED A
PROJECT ACTION, TYPE 3 DECISION, (A SMALL AREA REZONE) V~rlTH A COMP PLAN
AMENDMENT, TYPE 4.. THIS WAS REFLECTED BY THE PLANNING COMMISSION'S HEARING
THIS MATTER AS QUA,gl JUDICL~tL, AND TIlE CITY COUNCIL HANDLING THE DNS APPEAL ~
OF THAT SAME ACTION - AS LEGISLATIVE. THIS REQUESTED REZONE DOES NOT
QI_L&LIFY UNDER THE 'CRITERL4 FORAPPROI54L OFA SMALL AREA REZONE' CONTAINED
IN BlVlC 21.02.
CONSIDERING THAT THE DNS WAS ORIGINALLY ISSUED AFTER THE PUBLIC
COM/~IENT PERIOD I-L'43) BEEN CLOSED FOR WEEKS, WHICH PLACES THAT DNS OUT OF
SEQUENCE AND THEREFORE A SEPA VIOLA TION. TH~ CITY ATTORNEY AND AN EMPLOYEE
OF THE BUIJbDING AND PL4aNNING DEPARTMENT ATTElVlPTED TO COVER THIS ERROR BY THE
CITY ATTORNEY'S REOPENING THE PUBLIC COMMENT PERIOD. WHEN THE LEGALITY OF
THIS ACTION WAS QUESTIONED THE CITY ATTORNEY DECLARED THAT IT WAS A
LEGISLATIVE MATTER AND THAT HE COULD RE-OPEN ANY HEARING V~rI-IENEVER HE
WANTED. NOTE THAT BY THIS ACTION THE ATTORNEY ATTE1VIPTED TO USLrRP THE
PREROGATIVE OF THE COUNCIL.
8. NOT MENTIONED BEFORE COUNCIL OR COIvllvlISSION TO DATE IS THE REPORTED
DECEIT PRACTICED BY THE DEVELOPERS OF THE W"ESLON PLACE REZONE PROPERTIES,
DECEIT IN OBTAEN'iNG THE ORIGIN:&L "APPROVAL" OF THE :&FFECTED PROPERTY OVv2NERS.
TO PA_RTICIPATE IN THE REZONE ACTION.
Pg. 3 of 4
9. A FINAL ITEM: WI4II JE TI-IF. PRESENT "SYSTEM" ALLOWS THIS COWNCII, AND THE
CO/V~,~ISSION TO TURN A BLIND EYE ON THE MANY DEFICIENCIES ASSOCIATED WiTH THE
COM/VlERCIAL DEVELOP/VlENT OF THE WESLON PLACE PROPERTY; BY STATING THAT SUCH
DEFICIENCIES AND CONSIDERATIONS WILL BE ADDRESSED IN THE "PERMITTING
,,STAGE". BY FOLLOWING THAT COURSE YOU ARE BOTH DECEII~ING ANY POTENTIAL BUYER
OF THOSE PROPERTIES - CLEARLY ZONED FOR GENERAL BUSINESS - AS TO TIKE TONS OF
MONEY AND TO/vIES OF PERMIT APPLICATIONS WI-ffCH WILL BE REQUIRED TO DEVELOP
ACCEPT,afl3LE CONFIGURATION AND SYSTEMS TO PROTECT THE CONTIGUOUS RESIDENTIAL
SECTION AND TI-IE ECOLOGY OF OYSTER BAY; BUT YOU ALSO ALLOW THE SPECTER TO BE
RAISED OF THE INNOCENT RESIDENTS BELOW TH2E DEVELOPIVIENT TO BE FORCED TO
"CONTRIBUTE" TO THE "IMPROVEMENT" (O~GRADED WATER AND SEf'E4GE LINES, AND SPECIAL
STOH1/£ W_,4TER SYSTE2¥SS, NOT TO Jg.[ENTION THE PROPOSED ADDITION OF A 7754FFIC StGNAL AT
THE WESLONPLACE/K[TSAP ~,54YorUNCT[ON) NECESSARY TO ACCON~IODATE THE
CO/VlI¥IERCIAL / GENERAL BUSINESS USE OF THE REZONED PROPERTIES. IN ADDITION, THE
USUAL CONCOMITANT DEVALUATION OF PROPERTIES CAUSED BY TH2E CONTIGUOUS
COlvI2viERCIAL DEVELOPMENT WILL BE BORNE ONLY BY THOSE RESIDENTIAL OV~WERS ON
OR NEAR BEAUTIFYL OYSTER BAY.
THANK YOU FOR YOUR ATTENTION -
Pg. 4 of 4
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: September 5, 2001
Appointment to the Board of Appeals, ORIGINATING DEPT: Executive
Housing/Building Codes ORIGINATOR: Mayor Horton
DATE SUBMITTED: August 29, 2001
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS
Application for Appointment
ENDORSEMENT___)5_' INFORMATION APPROVED BY COUNCIL PR.4~IDF.,.N-T FOR SUBMITTAL:
MAYOR ~ 7. ~-,~ COUNCIL PRESID~~~>../
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCILF-ACTION:
There is a vacancy on the Board of Appeals, Housing/Building Codes. It is recommended Lea Duffy be appointed
to fill the vacancy.
8. RECOMMENDATION:
Move to confirm the appointmem Lea Duffy to the Board of Appeals, Housing/Building Codes.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVEDD~ ~ED
COUNCIL DIRECTIVE
11. AGENDA BILL NO: .'91 - / q5
/
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES
AGENDABL
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly) DATE: 8-28-01
NAME: Roselea Duffy-Kosusko, "Lea" HOME PHONE: 360.405.4365
HOME ADDRESS: 220 Shore Drive STATE WA ZIP CODE 98310
OCCUPATION: Architect EMPLOYER: GGLO, LLC
WORK PHONE: 206.902.5546 E-MAIL: tduffy@qqlo.com FAX 206.467.0627
BUSINESS ADDRESS: 1301 First Avenue, Suite 301, Seattle, WA 98101
EDUCATION: Bach. Of Science, Arch. Studies 1992, Bachelor of Architecture 1993
LOCAL REFERENCES (name & phone number):
360.373.2764 Wendy Jobe, Interior Designer and friend at Hecker Architects
206.902.5464 Tom Sheldon, Principal GGLO
206.615.1392 Bruce Rips, Land Use Planner, City of Seattle
I AM INTERESTED IN SERVING ON (please check one or more)'
( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older)
( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission
( ) Urban Forest Committee ( ) Ethics Commission
( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board
( ) Community Development Block Grant ( ) Solid Waste Management
Advisory Committee ( ) Bremerton Housing Authority
( ) Youth Council (X) Board of Appeals, Housing/Building Codes
( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law
( ) Citizen's Commission on Council Salaries Enforcement
( ) Other
Is this an application for reappointment?_No__
If yes, how many years have you served on this commission/committee?
Please turn page -+
WHY ARE YOU APPLYING FOR THIS APOINTMENT?
I have been interested in participating in my community since moving to Bremerton 3 years ago. I
would like to use my talents as an architect and planner to help make Bremerton a better place in
which to live. I also hope to remain in Bremerton for a long time and raise a family here. Therefore, I
have a vested interest in seeing Bremerton continue to improve.
WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR
THIS APPOINTMENT:
See answer above.
HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST:
I volunteered to assist the Charleston Business District with improving their area through street and
sidewalk improvements.
PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES,
TRAINING, EDUCATION):
I am an Architect and have been practicing for 8 years. I am familiar with State and local Building
Codes. In my profession, I often deal with interpretation of zoning and building codes.
WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL
ACTIVITIES)?
Senior Housing Design - I am a member of the Washington Healthcare Association and Washington
Homes and Services for the Aging,
We welcome your willingness to serve Bremerton. Please return this completed form to:
Mayor's Office (360) 478-5266
239 4th Street (360) 478-5883 FAX
Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA: SEPTEMBER °~i 2001
APPOINTMENTS TO LODGING TAX ORIGINATING DEPT: CITY COUNCIL
ADVISORY COMMITTEE ORIGINATOR: ERIC YOUNGER
COUNCIL MEMBER
DATE SUBMITTED: AUGUST 29, 2001
2. CLEARANCES: (Comment on back ifnecessary) 2. EXHIBITS:
Resolution No. 2772
Exhibit A: Committee Appointments
CITY ATTORNEY
F Sd £ & mmGET COMMITTEE
OPERATIONS COMMITTEE
APPROVED FOR SUBMITTAL BY
ENDORSEMENT ~ INFORMATION [-] COUNCIL PR~gJDENT:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
According to Resolution No. 2772, the membership of the Lodging Tax Advisory Committee may be
reviewed on an annual basis by City Council. The proposed appointments would fill vacancies on the
committee.
5. RECOMMENDATION:
Move to approve and confirm the appointments to the Lodging Tax Advisory Committee.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED ~] TABLED [--] APPROVED [~ DISAPPROVED [-'] AMENDED [~ DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.: 0/~- q~
9. IMPACT OF NON-PASSAGE:
If the appointments are not approved, then the Committee would not review fund requests or provide
suggestions for ~und allocations to City Council for the next fiscal year.
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
If the appointments are not approved, then the Committee would not be able to review fund requests or
provide suggestions to City Council on how to allocate the funds. Since the City is operating on a
Biennial Budget for Fiscal Years 2001 and 2002, the funds that were allocated in 2001 would also be
allocated in 2002.
11. RESEARCH SOURCES:
RESOLUTION NO. 2772
A RESOLUTION of the City Council of BremeKon, amending Resolution No. 2666
and appointing members to the Lodging Tax Advisory Committee, and setting
criteria for application and review by the City Council and the Committee.
WHEREAS, the City of Bremerton currently levies a lodging tax pursuant to Chapter
67.28 RCW; and
WHEREAS, the State Legislature passed SSB 5867, enacted as Chapter 452, Laws
of 1997, which modified or repealed some previous lodging tax authority, but also
added new lodging tax by the City; and
WHEREAS, SSB 5867 required that, in cities with a population over 5,000, any new
imposition of a lodging tax enacted under Chapter 67.28 RCW be first submitted for
consideration to a Lodging Tax Advisory Committee not less than 45 days in
advance of final action on the lodging tax by the City; and
WHEREAS, SSB 5867 was effective on July 27, 1997; and
WHEREAS, SSB 5867 replaced the current lodging tax authority with a new
statutory scheme; and
WHEREAS, to insure continued authorization for the imposition of the lodging tax,
the City created a Lodging Tax Advisory Committee by Resolution No. 2626;
now, therefore
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT
Section 1. The membership of the Lodging Tax Advisory Committee shall continue
to consist of at least five members appointed by City Council. In the event a
member becomes incapacitated or is otherwise unable to serve, the member's
organization may appoint a designee to serve in the member's stead until the City
Council appoints a new member. One member shall be an elected official of the
City who shall serve as chair, two or more members shall be representatives of
businesses required to collect the tax, and two or more members shall be persons
involved in activities authorized to be funded from the tax. The City Council will
review the membership on an annual basis and make changes as appropriate by
motion at a City Council Meetinq.
Section 2. The following criteria must be met annually and included in applications
by all applicants and recipients or any use or disbursements of the Hotel/Motel
Lodging Tax funds, and any reserve created with Tax funds:
A. Maintain and present a Business Plan to the City Council. The plan must
include an itemized annual budget with line items indicating where and how tax
funds will be expended to enhance the tourism trade within the City of Bremerton.
All of the requesting organization's sources of income shall also be reflected in the
budget, and shall be given weight during the reviewing process.
B. The Business Plan shall also include an on-going plan to collect funds by
charging admission, advertisement sales, grants, organizational memberships,
private donations, or other means that would contribute to the increasing
independence of the requesting organization.
C. Any statutorily required proposal from the City Council to the Committee shall
be dated and submitted in writing as shown in attached Exhibit "A", Application and
Review Procedures.
PASSED by the City Council of the City of Bremerton this _~day of~
CAROL ARENDS
Council President
EXHIBIT "A"
BREMERTON LODGING TAX ADVISORY COMMITTEE
Membership Cateqorv Appointees:
Elected Official of the City: Eric Younger
Representatives of Businesses Required Ellie Overson
To Collect the Tax: Highland Cottage
Troy Summerill
Howard Johnson Plaza Hotel &
Conference Center
Robert Phillips
Midway inn
Individuals Involved in Activities Authorized $ilvia Klatman
To be Funded: Bremerton Area Chamber of Commerce
Carol Atkinson
Main Street Association
Beverly Kincaid
Historic Ships Association
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: 9/5/01 .
ORIGINATING DEPT: Public Works & Utilities
Easement to PSE for Electrical Facilities ORIGINATOR: K. Cahall, Water
Resources
Y
at Well 21 DATE SUBMITTED: 8/23/01
CLEARANCES: (comment o~/~c~n~i~sary) 3. EXHIBITS:
2.
City Attorney ~~'~ MapEasement Form
Fiscal & Budget Comm~~_~__~~ .~
Operations Corn m.
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
PSE is requesting a grant for an easement at Well 21 for installation of their electrical facilities
in conjunction with the development of the City's new Well 21, located at Silverdale Mobile
Estates, which is City-owned property.
8. RECOMMENDATION:
Move to approve the easement grant to PSE for the installation of electrical facilities in
conjunction with the development of the City's Well 21.
9. RESPONSIBLE OFFICIAL: PW&U Director
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10'. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: ~ / - l '~ 7
2. CLEARANCE COMMENTS (Continued):
4. SUMMARY STATEMENT (Continued):
5. IMPACT OF NON-pASSAGE:
PSE will not install the transformer and electrical facilities on City property without an
easement.
6. IMPACT ON STAFFING,.BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RI~SOURCES:
This project will not significantly impact staffing, maintenance, and operations activities.
7. RESEARCH SOURCES:
RETURN ADDRESS:
Puget Sound Energy, Inc,
Attn: ROW Department
6522 Kitsap Way
Bremerton, WA 98312
EASEMENT
REFERENCE #:
GRANTOR: CITY OF BREMERTON
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: NE-SW-26-25N-01E
ASSESSOR'S PROPERTY TAX PARCEL: 262501-3-020-2006
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF
BREMERTON, a Washington municipal corporation, ("Grantor' herein), hereby conveys and warrants to
PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, under, along across and through the following described real
property ("Property" herein) in KITSAP County, Washington:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 26, TOWNSHIP 25 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY,
WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE NORTH 0°55'38" EAST ALONG THE EASTERLY LIMIT OF SAID
SUBDIVISION 291.28 FEET; THENCE NORTH 89°04'22" WEST 75,12 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 0°55'38" EAST 50.00 FEET; THENCE
NORTH 89°04'22" WEST 50.00 FEET; THENCE SOUTH 0055'38'' WEST 50.00 FEET;
THENCE SOUTH 89004'22'. EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING.
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
THE NORTH TEN (10) FEET OF THE WEST TEN (10) FEET OF THE ABOVE
DESCRIBED PARCEL.
1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove,
enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and
sale of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities
or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the fight of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate
Grantor for any damage to the Property caused by the exercise of such dght of access by Grantee.
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of
any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the dght to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose
not inconsistent with the dghts herein granted, provided, however, Grantor shall not construct or maintain any
buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of
Grantee's I'acilities without Grantee's pdor wdtten consent.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others. ~
UG Electric 11/1998
105014410 FIW# 34391
PAGE 1 OF 2
5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and ail rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any pedod of time from the date hereof.
6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or
all of its rights, benefits, privileges and interests adsing in and under this easement. Without limiting the generality of
the foregoing, the dghts and obligations of the parties shall inure to the benefit of and be binding upon their
respective successors and assigns.
DATED this day of 2001.
GRANTOR: CITY OF BREMERTON ATTEST:
BY: BY:
LYNN S. HORTON, MAYOR Kathleen L. McCluskey, City Clerk
BY:
Approved as to form: David StPierre, Assistant City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
On this __ day of 2001, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared LYNN S. HORTON, to me
known to be the person who signed as Mayor, of CITY OF BREMERTON, a Washington municipal corporation,
the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her
free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON, a Washington
municipal corporation for the uses and purposes therein mentioned; and on oath stated that SHE was authorized
to execute the said instrument on behalf of said CITY OF BREMERTON, a Washington municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington,
residing at
My Appointment Expires:
PAGE 2 OF 2
215 214
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OF t~lO~ SOUNO EHEI~G¥'S
Filed for Record at Request
When Recorded Return to:
City of ~re,~mrton
Name
Address 239 Fourth Street
Break,ton,, WA. 98310
QUIT CLAII~ DEED
(For Use in the State of Washington Only)
THE GRANTOR, SILVERDALE MOBILE ESTATES, Limited Partnership,
for and in consideration of One Dollar ($1.00) and other good and
valuable consideration, conveys and quit claims to THE CITY OF
BREMERTON, the following described real estate, situated in the
County of Kitsap, State of Washington, including any interest
therein which GRANTOR may hereafter acquire:
That portion of the Northeast quarter of the
Southwest quarter of Section 26, Township 25
North, Range 1 East, W.~[., in Kitsap County,
Washington described as follows:
Beginning at the Southeast corner of said
Northeast quarter of the Southwest quarter;
thence North 0°55'38'' East along the Easterly
limit of said subdivision 291.28 feet; thence
North 89°04'22'' West 75.12 feet to the TRUE
POINT OF BEGINNING; thence North 0°55'38'' East
50.00 feet; thence North 89°04'22'' West 50.00
feet; thence South 0°55'38'' West 50.00 feet;
QUIT CLAIM DEED -1-
thence South 89°04'22'' East 50.00 feet to the
TRUE POINT OF BEGINNING.
SILVERDALE MOBILE ESTATES
STATE OF WASHINGTON )
: SS.
COUNTY OF KITSAP )
On this day, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn,
personally appeared ~ ~~ ~ //~_~- J
and ~7._//<3~_~Jj /z/~/~_~ ~ , to me known to be
the / ' ~/ ' and ,
respectively, of SILVERDALE MOBILE ESTATES, Limited Partnership,
the Partnership that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said Partnership, for the uses and purposes therein
mentioned, and on oath stated that he/she/they is/are authorized to
execute tile said instrument.
__~ WITNESS my_ aJ~jld, and official seal hereto affixed this
day of _~/~ , 1990.
Not~v~_ Public in and f~r the State of
Wa~i~gton, residing at //¢z¢/~ ~~
My appointment expires: _ .~/~/fz3
QUIT CLAIM DEED -2-
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: 2000-1 Docket of Amendments to FOR AGENDA OF: Sept. 5,2001
Comprehensive Plan (3 items) ORIGINATING DEPT: Planning and Bui~ling
ORIGINATOR: Chris Hugo, Directo~.~
DATE SUBMITTED: Aug. 30, 2001
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary) PL00-00$4 Staff Rpt. and Findings and Conclusions
PL00-0073 StaffRpt. and Findings and Conclusions
HEARD 8/15/01 PL00-0077 Staff Rpt. and Findings and Conclusions
Fiscal / Budget
Operations I-;EARD 8/15/01
ENDORSEMENT INFORMATION. t~PROVED BY COUNCIL PRESET FOR SUBMITTAL:
MAYOR
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton proposes to
amend its Comprehensive Plan and Optimum Land Use Map through city and public initiated amendment applications that will be
applied citywide as well as to specific properties. The approved amendments will be adopted by ordinance and are some amendments
are accompanied by related rezones to maintain consistency with the Plan.
These three proposed amendments are among eleven total in the 2000-1 Docket of amendments for City' Council consideration. This
agenda bill,~public hearing on each of the following proposals separately:
· PL00-0054 Kitsap Way Comp Plan amendment and zoning (Nance)
· PL00-0073 6th St. at Chester Comp Plan amendment and zoning (WESLAR)
· PL00-0077 Warren Ave at Clare Comp Plan amendment and zoning (Mentor)
The required analysis of cumulative effect of the eleven proposals, combined, as well as the SEPA determination on their cumulative
effect were heard by the Council on Aug. 29, 2001.
8. RECOMMENDATION: The City Planning Commission has forwarded all three proposed amendments to
the Council with a recommendation for approval. However, the Council will not make any final decisions on
these individual proposals until the entire 2000-1 Docket of proposed amendments has been heard, in order
to maintain consideration of their cumulative effect throughout the process.
9. RESPONSIBLE OFFICIAL: Director of Planning and Building
ENFORCEMENT OFFICIAL: Director of Planning and Building
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 0 [ ""- [ q ~
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE: None. There is no decision requested of the Council on these items at this
time.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This
activity is part of the Planning and Building Department's annual work program.
7. RESEARCH SOURCES
CITY OF BREMERTON
BUILDING AND PLANNING DEPARTMENT
STAFF REPORT
COMPREHENSIVE PLAN & REZONE AMENDMENTS
For
Roger Nance / Weslon Place - 2001 Comp Plan & Rezone Amendments (File #:
PL00-0054)
SUMMARY
1. Applicant: Roger A. Nance, Jr. Representative: Victor F. Targett II
1440 Madrona Drive P.O. Box 789
Bremerton, WA 98312 Bremerton, WA 98337
2. Location: Eight lots at the intersection of Kitsap Way and Weslon Place
3. Description: Tax Assessor's Lot Numbers: 162401-4-023-2004; 162401-4-024-2003
162401-4-025-2002; 162401-4-026-2001
162401-4-075-2001; 162401-4-081-2003
162401-4-082-2002; 162401-4-083-200 t
4. Attachments:
·Comprehensive Plan Map Amendment Proposal
· Rezone Map Amendment Proposal
5. Comprehensive Plan Map: LDR (Low Density Residential)
Proposed Map Amendment: C-G (General & Highway Commercial)
6. Current Zoning: SF-3 (Single Family Residential)
Proposed Zoning: GB (General Business
FINDINGS
1. Property & Proposed Action:
The proposed development consists of eight separate and adjoining lots located on either side of
Weslon Place. Five of the eight lots front of Kitsap Way. All of the lots are situated more than
200 feet south and southwest of the Ordinary High Water Mark of Oyster Bay. The total area
affected by the proposed Comprehensive Map and Zoning Map Amendments is approximately
2.54 acres.
The proposed amendment was part of the 1999 Comprehensive Plan and Rezone Amendments.
During the City Council review of the 1999 Amendments, facts came to light which caused the
applicant to change the configuration of the proposed map amendment area. This change took
place in May of this year, just prior to the City Council's action to adopt Ordinance Nos. 4708 and
4710. The changes made in the proposal the Planning Commission reviewed reduced the amount
of commercial area by half. Specifically excluded in the adopted version were those properties
which lie within 200 feet of the Ordinary High Water (OHW) mark of Oyster Bay.
Following the adoption of Ordinances No. 4708 and 4710 (The Weslon Place Amendments), an
appeal was filed with the Central Puget Sound Growth Management Hearings Board
(CPSGMHB). In early August of this year, it was determined that the documentation in the file
for when public notice had been given was incomplete. Given that fact, a decision was made to
have the City Council take action to repeal Ordinances Nos. 4708 and 4710. The City Council
passed Ordinances No. 4720 on August 31, 2000, and on September 14, 2000, that ordinance
became effective. The effect of Ordinance No. 4720 is to remand the Roger Nance-Kitsap
Way/Weslon Place Comprehensive Plan and Rezone map amendment to the Planning
Commission for reconsideration. The City's action to repeal the amendments gave cause for the
CPSGMHB to deny the appeal.
Because the Council repealed the amendments in their entirety, the Roger Nance-Kitsap
Way/Weslon Place Amendments are no longer part of the 1999 Comprehensive Plan
Amendments. This amendment will become part of the several amendments which will make up
the 2001 amendments. The Growth Management Act and Bremerton's own Comprehensive Plan
stipulate that there can only be one plan amendment per year. Since the so called "1999
Amendments" were actually adopted in the year 2000, there can be no other amendments passed
this year. This means the City can not adopt the Roger Nance-Kitsap Way/Weslon Place map
amendments until 2001. Planning Commission review is being sought at this time to provide
ample opportunity for public review and comment. Several other amendments are in progress
which will join the Nance amendment pr/or to it's adoption in 2001.
2. Surrounding Land Uses:
A land use inventory was conducted of the area surrounding the subject property. This included
the property surrounding the intersection of Weslon Place and Kitsap Way. The surrounding area
consists of a mixture of residential and commercial development, which the commercial
development centered along Kitsap Way and at main arterial intersections.
The general trend over the past several decades has been toward commercial development along
the Kitsap Way corridor in this area. The comprehensive zoning supports and encourages that
trend.
Relation to
Current Zoning Comprehensive Plan Designation
Subject Property
North Single-Family Residential (SF-3) Low-Density Residential (LDR)
South Multiple Family Residential (MF) Medium Density Residential (MDR)
East General Business (GB) General & Highway Commercial (CG)
West General Business (GB) & SF-3 General & Highway Commercial (CG)
3. Request
The applicant's request is for concurrent Comprehensive Plan Map and Official Zoning Map
amendments. The end result will be to change both maps to designate the properties involved in
the amendment request from single family residential to commercial. Specifically, the
Comprehensive Plan Map would be changed from Low Density Residential (LDR) to General &
Highway Commercial (CG). The official Zoning Map would be amended to change the zoning
from Single Family Residential (3 SF-3) to General Business (GB).
Element K of the Bremerton Comprehensive Plan - Implementation, Consistency and
Concurrency, addresses the "Timing of Amendments as well as the "Criteria for Approval,"
which must be satisfied before Plan Amendments can be approved. The procedures followed for
consideration of this proposed amendment are those outlined in the Growth Management Act
RCW 36.70 A. 130.
The procedures to be followed for Zoning Ordinance or Official Zoning Map changes are those
found in Section 21.02.920 of the Bremerton Municipal Code (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 applicant is requesting a rezone from the current zoning of SF-3 (Single-Family Residential)
to GB (General Business). The Comprehensive Plan Map Designation at the site is currently Low
Density Residential (LDR), which means the proposed comprehensive plan amendment must be
approved prior to or coincidental with the proposed rezone/map amendment.
There is no proposal for use of these eight properties at this time.
4. SEPA Determinations
A Determination of Non-Significance was issued for this project as originally configured in
accordance with WAC 197-11 on January 6, 2000. Subsequent to the action described in the
1999 Comprehensive Plan Amendment DNS (of January 6, 2000), the Comprehensive Plan and
Official Zoning Map amendment proposal for the Nance-Kitsap Way/Weslon Place area was
reduced in size by eliminating the residential properties which lie within 200 feed of the Ordinary
High Water (OHW) mark of Oyster Bay. The effect of this change was to lessen the expected
impacts of plan and zoning implementation. The new proposal is judged to be addressed within
the scope of expected impacts to the environment evaluated in the State Environment Policy Act
(SEPA) analysis which led to the Determination of Non-Significance (DNS). Thus, no
amendment is required to the DNS issued on January 6, 2000.
In the interest of clarity and ease of tracking actions taken by the City in evaluating this specific
revised Comprehensive Plan and Official Zoning Map amendment proposal, the staff is re-issuing
the DNS as of October 13, 2000.
5. Comprehensive Plan Criteria:
All proposed amendments to the Comprehensive Plan amendment must meet the five criteria
listed. This proposal meets criteria as follows:
1. Consistent with GMA and regulations:
This proposal does not conflict with any of the GMA or City planning goals and is
especially consistent with goals dealing with urban growth, reducing sprawl, encouraging
economic development, etc.
2. No significant adverse effects:
Three (3) of the eight (8) lots currently have single-family residences located on them.
The other five lots are currently vacant. The properties slope toward Oyster Bay. All
eight (8) lots are more than 200 feet from the Ordinary High Water mark of Oyster Bay.
Even though these properties are outside 200 feed area which might necessitate a
Shoreline Substantial Development Permit review process, any proposed development
would be subject to compliance (as applicable) to the policies and requirement of
Bremerton's Shoreline Master Program. The Shoreline Master Program review and/or
SEPA process will help disclosure any potential impacts from a specific new
development proposal on the surrounding neighborhood. Bremerton's Critical Lands
Ordinance would also ensure that potential development impacts are considered and
mitigated as might be related to any critical slope, geological hazards and wetland
conditions.
3. Can be accommodated by all services, facilities and transportation:
The site has been served with all services, facilities, and utilities for several decades and
fronts on a major arterial. No significant conflict is anticipated here.
4. Will help implement the goals and policies of the Comp. Plan:
Encouraging new economic development, finding new sites for commercial development,
and attracting new businesses to the City are local policies and objectives of the
Comprehensive Plan. This proposal is consistent with those policies and objectives.
5. Impacts beyond the City Limits:
This map area is within the City of Bremerton and not near unincorporated areas of
Kitsap County. The site is expected at some future point to accommodate new
commercial development that might otherwise locate outside the City. It is not expected
that the new development will adversely impact areas beyond the City limits, but could
reduce traffic somewhat, by providing new shopping and employment opportunities
within the City, within walking distance of the residential neighborhood, and in an area
served by public transit.
Additional Discussion:
The proposed amendment presents several issues for consideration:
Land Use: The conversion of properties within the area of consideration that fronts on Kitsap Way
appears appropriate. Kitsap Way is a major arterial carrying between 33,191 (at Oyster Bay Avenue) to
34,883 (at State Route 3) average daily trips. This amount of traffic is considered of a sufficient level to
create commercial development opportunities. Such a conversion would bridge current "gap" of
commercially planned land uses that currently exists along Kitsap Way and the change would represent a
logical extension of commercial uses along the road. Further, a commercial strip of development along
Kitsap Way would provide a buffer between residential properties along Oyster Bay and noise and air
quality impacts caused by traffic along Kitsap Way. Staff recognizes that certain commercial land uses
could also create noise and possibly other impacts on the nearby residences. But through appropriate site
planning and design, these impacts could be minimized.
However, this proposed component of the amendment includes properties that extend beyond the frontage
of Kitsap Way to Oyster Bay. As a result, several homes would be converted to commercial uses over
time if this component is approved as proposed. In addition, there would remain two smaller single
family residential areas lying west and east of the area in question. Over time, the development of
commercial uses may place pressure to convert these two smaller areas (particularly the area to the west)
to commercial uses. Thus, the approval of the component may lead to conversion of an existing small,
residential neighborhood to nonresidential uses. This situation, while promoting the economic goals and
policies of the comprehensive plan, may not carry out Housing Policy 5. Of Housing Element Goal 4,
which states:
"Promote safe, attractive, livable neighborhoods that will attract homeowners."
Based on the foregoing analysis, it appears that there is no technical reason to deny the component as
proposed.
Traffic and Circulation: The intersection of Weslon Place and Kitsap Way is not a signalized
intersection, but may need to be as a result of commercial development. Also, Weslon Place is currently
a narrow street not designed for commercial development. According to the Public Works Department, a
traffic signal may or may not be required depending on the type of commercial activities that develop in
the area.
Services and Facilities: According to the Public Works Department, storm conveyance piping will
likely need to be extended into Oyster Bay to adequately serve new commercial development.
As a result of the above situation, commercial development will need to participate in providing the
required road, drainage and any other needed improvements. Planning Goal 12. B. of the Comprehensive
Plan supports this notion by specifying that new development be required to pay a fair share costs of
public services and facilities. To fulfill this goal, the amendment should be linked to an implementation
program to determine the extent of improvements needed to accommodate commercial development and
a method for development to provide those needed improvements.
6. Rezone/Ordinance & Official Map Amendments
Section 21.02.920(d) of the Bremerton Municipal Code lists five tests as criteria a rezone must
meet prior to approval. They are:
(1) Is the proposed Rezone consistent with the Comprehensive Plan ? (See Section
21.02.245 "Plan~Zoning Consistency" of this code.)
Response: The proposed rezone is not consistent with the existing Low Density Residential (LDR)
plan classification for the eight Weslon Place properties. However, the concurrent action to amend the
Bremerton Comprehensive Plan Map will change the Plan to allow General & Highway Commercial uses
for these properties. The proposed General Business (GB) Zone is an implementing zone and thus, will
be consistent with the Comprehensive Plan amendment proposal.
(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.
Response: See the discussion response for the Comprehensive Plan Amendment approval -
particularly the Land Use discussion.
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 remove an overlay zoning designation without affecting the underlying
zoning.
Response: The last two questions do not apply to this Plan and Official Zoning Map amendment.
Given the traffic conditions on Kitsap Way, the presence of commercial zoning on the west and east of
the site, it is reasonable to address this area more specifically than perhaps was done in 1995 when the
City adopted it's Growth Management Act compliant Comprehensive Plan. The specific analysis for the
Comprehensive Plan amendment is indicative of a need for a change in the plan for this area and
consequently a change in the zoning. There was a significant amount of traffic on Kitsap Way when the
plan was adopted in 1995, however there were some vacancies in the available commercial land that is
not the case in 2000. Certainly, there was an argument to be made in 1995 that the subject properties
should have been included in the commercial land use designations at that time. The development
progression in the intervening years since 1995 indicates there is a need for more commercial zoning in
this area of the City. Thus, the Nance-Kitsap Way/Weslon Place Comprehensive Plan and Official
Zoning Map amendment will result in a more appropriate zoning of the property then perhaps was true in
1995.
(3) Is there a public need for the proposed Rezone that will clearly benefit the local
neighborhood and/or the community of Bremerton?
Response: There is no set standard which says a community or a neighborhood needs a certain
amount of commercial land. Absent a standard, a City like Bremerton must evaluate trends to determine
what seems to be an appropriate amount of commercial area. Two other factors must also be considered -
the "competitive market place" and the location for the proposed zoning. Many communities and
Bremerton is no exception, rely on healthy businesses, be they retail, service or manufacturing based, to
support the services provided by the government. One way to promote a vigorous economy is to provide
ample land for commercial and industrial use in the right locations. Streets and highways with heavy
traffic volumes are particularly attractive to businesses that depend on high numbers of people passing by
to sell their goods and services. Businesses that might locate in the corridor along Kitsap Way will come
there if they can find appropriate sites at a competitive price. If there is a limited amount of available
land, the price may escalate to a point potential site users will go elsewhere to build their stores.
Having made an assessment that the Kitsap Way corridor can accommodate additional commercial uses,
the next question to be answered is the appropriateness of the area for General Business Zoning. This
question has already been answered in the discussion of the proposed comprehensive plan amendment.
Of particular mention for the rezone assessment is the fact that there is an intersecting street - Weslon
Place which feeds into Kitsap Way. That street provides two commercial sites which have frontage on
two streets. "Comer Pads" are particularly desirable to potential commercial businesses and thus, this is
an attractive feature for the eventual user. This intersecting street is an existing access along Kitsap Way,
which may or may not require signalization. The specific impact analysis will come at the time of site
plan review.
(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 infrastructure required to support development of these eight properties exists
in the area with the exception of storm water mn-off controls. It is typical that a potential user of this area
would have to provide storm water mn-off control measures as part of any development proposal for the
site. Also, if there are any deficiencies in the existing infrastructure, the eventual site user will have to
pay for or participate in the expenses required to upgrade the utility or road service systems.
(5) V~ill 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 Nance-Kitsap Way/Weslon Place Comprehensive Plan and Official Zoning Map
amendment would establish a land use pattern which is an extension of the existing plan and commercial
zoning that abuts the site on the east. On the west, the proposed zoning almost connects with the General
Business (GB) zoning found about 20 feet away. The proposal meets the test of being a part of a larger
zoning district.
CONCLUSIONS
1. The proposed Comprehensive Plan Amendment request to change the map from Low
Density Residential (LDR) to General & Highway Commercial (C-G) satisfies all five of
the "Approval Criteria" for comprehensive plan amendments.
2. This requested rezone satisfies all five applicable rezone criteria of the Bremerton Zoning
Ordinance as specified in Chapter 21.02.920.
3. The location is particularly suitable because it is on a public transit line, has direct access
to a major arterial street, and has all necessary utilities available to support development.
4. The proposed rezone is in the public interest and will not be materially detrimental to
surrounding neighborhood.
BREMERTON PLANNING COMMISSION
FINDINGS AND CONCLUSIONS
PL00-0054: Nance: Kitsap Way/Weslon Place
Comprehensive Plan Map and Official Zoning Map Amendment Application
PROPERTY & LOCATION: This proposal affects eight (8) parcels of land, aggregating
approximately two-and a half (2.54) acres, and are located generally north of and
fronting on Kitsap Way and Weslon Place. Five (5) of the parcels directly front on
Kitsap Way and the remainder three (3) are located behind the Kitsap Way frontage
properties on both sides of Weslon Place. Specifically, the proposal properties are
identified with Tax Parcel No's: 162401-4-023-2004; 162401-4-024-2003, 162401-4-
025-2002; 162401-4-026-2001, 162401-4-075-2001; 162401-4-081-2003, 162401-4-
082-2002, and 162401-4-083-2001.
PROPOSAL: The applicant's request is for concurrent Comprehensive Plan Map and
Official Zoning Map amendments. The proposed result will be to change both maps to
reflect the requested land use designations of the property specified in the amendment
request. Specifically: The Comprehensive Plan Map would be amended from: Low
Density Residential (LDR) to General & Highway Commercial (C-G), and; The Official
Zoning Map would be amended from: Single Family Residential (SF-3) to General
Business (GB).
FINDINGS:
1. The City of Bremerton annually proposes to amend its Comprehensive Plan through
city and public initiated amendment applications, which will be, applied citywide as
well as property specific. The Growth Management Act allows amendments to
Comprehensive Plans only once a year with few exceptions. Comprehensive Plan
Amendment application requests are considered non-project actions, which do not
propose specific development projects. Throughout the year, applications for
Comprehensive Plan Text amendments are received and collectively placed on a
docket for processing in order to assess the "cumulative effects". A Public Hearing
process is conducted both at the Bremerton Planning Commission and the City
Council levels. The Planning Commission's recommendation of approval or denial
on a proposed amendment is forwarded to the City Council for its consideration. A
proposal that the Council approves is enacted by ordinance.
2. The proposed amendment was part of the 1999 Amendments Docket. Dudng the
City Council review of the 1999 Amendments, facts came to light which caused the
applicant to change the configuration of the proposed map amendment area. This
change took place in May of 2000, just prior to the City Council's action to adopt
Ordinance Nos. 4708 and 4710. The changes made in the proposal, the Planning
Commission reviewed, reduced the amount of commercial area by half.
3. Following the adoption of Ordinances No. 4708 and 4710 (The Weslon Place
Amendments), an appeal was filed with the Central Puget Sound Growth
Management Hearings Board (CPSGMHB). In eady August of 2000, it was
determined that the documentation in tl~e file for when public notice had been given
was incomplete. Given that fact, a decision was made to have the City Council take
action to repeal Ordinances Nos. 4708 and 4710. The City Council passed
Ordinance No. 4720 on August 31, 2000 and on September 14, 2000, that ordinance
became effective. The effect of Ordinance No. 4720 is to remand the Roger Nance-
Kitsap WayNVeslon Place Comprehensive Plan and Rezone map amendment to the
Planning Commission for reconsideration. The City's action to repeal the
amendments gave cause for the CPSGMHB to deny the appeal. Consequently, the
Roger Nance-Kitsap Way/Weslon Place Amendments became part of 2001
Amendments Docket.
4. A land use inventory was conducted of the area surrounding the subject property.
This included the property surrounding the intersection of Weslon Place and Kitsap
Way. The surrounding area consists of a mixture of residential and commercial
development, with the commercial development centered along Kitsap Way and at
main artedal intersections. The general trend over the past several decades has
been toward commercial development along the Kitsap Way corddor in this area.
5. Element K of the Bremerton Comprehensive Plan - Implementation, Consistency
and Concurrency, addresses the "Timing of Amendments as well as the "Criteria for
Approval," which must be satisfied before Plan Amendments can be approved. The
procedures followed for consideration of this proposed non-project amendment are
those outlined in the Growth Management Act RCW 36.70A.130.
6. A Determination of Non-Significance was issued for this project as originally
configured in accordance with WAC 197-11 on January 6, 2000. Subsequent to the
action described in the 1999 Comprehensive Plan Amendment DNS (of January 6,
2000), the Comprehensive Plan and Official Zoning Map amendment proposal for
the Nance - Kitsap Way/Weslon Place area was reduced in size by eliminating the
residential properties that lie within 200 feet of the Ordinary High Water (OHW) mark
of Oyster Bay. The effect of this change was to lessen the expected impacts of plan
and zoning implementation. The new proposal was judged to be addressed within
the scope of expected impacts to the environment evaluated in the State
Environmental Policy Act (SEPA) analysis that led to the Determination of Non-
Significance (DNS).
7. This proposal is consistent with the GMA or City planning goals, especially goals
dealing with urban growth, reducing sprawl, encouraging economic development,
etc.
8. This non-project proposal can be accommodated by all services, facilities and
transportation: The site has been served with all services, facilities, and utilities for
several decades and fronts on a major arterial.
9. The conversion of properties within the area of consideration that fronts on Kitsap
Way appears appropriate. Kitsap Way is a major arterial carrying between 33,191
(at Oyster Bay Avenue) to 34,883 (at State Route 3) average daily tdps. This
amount of traffic is considered of a sufficient level to create commercial development
opportunities. Such a conversion would bddge a current "gap" of commercially
planned land uses that currently exists along Kitsap Way and the change would
represent a logical extension of commercial uses along the corridor. Some
vacancies in the available commercial land that have been consumed in the
subsequent years. The development progression in the intervening years since
1995 indicates there is a need for more commercial development in this area of the
City.
10. The proposed Nance - Kitsap WayANeslon Place Comprehensive Plan and Qfficial
Zoning Map amendment would establish a land use pattern that is an extension of
the existing plan and commercial zoning that abuts the site on the east. On the west,
the proposed zoning is in near proximity to the General Business (GB) zoning found
about 20 feet away. The proposal meets the test of being a part of a larger zoning
distdct.
CONCLUSIONS:
1. The proposed Comprehensive Plan Amendment request to change the map from
Low Density Residential (LDR) to General & Highway Commercial (C-G) satisfies all
five of the "Approval Criteria" for comprehensive plan amendments.
2. This requested rezone from: Single Family Residential (SF-3) to General Business
(GB) satisfies all five applicable rezone criteda of the Bremerton Zoning Ordinance
as specified in Chapter 21.02.920.
3. The location is particularly suitable because it is on a public transit line, has direct
access to a major artedal street, and has all necessary utilities available to support
higher intensity development.
4. The proposal will help implement the goals and policies of the Comp. Plan:
Encouraging new economic development, finding new sites for commercial
development, and attracting new businesses to the City are local policies and
objectives of the Comprehensive Plan. This proposal is consistent with those
polices and objectives.
5. The proposed rezone is in the public interest and will not be materially detrimental
to surrounding neighborhood.
6. The proposed rezone satisfied the consistency rule in the GMA.
Approved by the Bremerton Planning Commission on July 31, 2001.
Attest:
Ar~d¢l(o~u~ko Chris Hugo ..... ~-'
Chair / Secretary
/
CITY OF BREMERTON
BUILDING AND PLANNING DEPARTMENT
STAFF REPORT
COMPREHENSIVE PLAN &. REZONE AMENDMENTS
for
WESLAR/Larson (P&BD File #: PL00-0073)
February 12, 2001
Applicant: WESLAR Investments, LLC, Wes Larson
3218 Eastlake Avenue E.
Seattle, WA 98102
Location: The subject parcels of the WESLAR/Larson Plan Amendment and Rezone Application
PL00-0073, to amend the Comprehensive Plan and Map land use designation of four (4)
parcels of land, aggregating approximately one-quarter (1/4) acre, are located generally
north of 6th Avenue, west of Broadway Street, and east of Chester Avenue. The parcels
are more specifically described as Lots 1 - 4, Block 6 of the Dietz Addition and
addressed as 1102, 1104, 1106, and 1108 6th Street, Bremerton, respectively.
Description: The WESLAR/Larson project application properties further described as:
Property_ Owner Lot No. Tax parcel numbers Lot Size Comp Plan Zoning
WESLAR/Larson 1 3743-006-001-0002 30' X 100' MDR PO
WESLAR/Larson 2&3 3743-006-002-0209 60' X 100' MDR PO
WESLAR/Larson 4 3743-006-004-0009 30' X 100' MDR PO
Proposal: The applicant's request is for concurrent Comprehensive Plan Map and Official Zoning
Map amendments. The proposed end result will be to change both maps to designate the
property specified in the amendment request. Specifically:
The Comprehensive Plan Map would be amended from:
Medium Density Residential (MDR) to Central Business District (CBD), and;
The Official Zoning Map would be amended from:
Professional Office (PO) to Business Core (BC).
FINDINGS
1. Surroundin~ Land Uses:
The area surrounding the subject application property is essentially non-conforming mixed use
with, older single-family residential units on small lots and commercial business mixed in. This
proposal involves four (4) small parcels of land containing one (1) older single family residential
structure, addressed as 1102, 1104, 1106 and 1108 Sixth (6th) Street, and two smaller
outbuildings (garages?) located on the alley immediately behind of and north of 6th Avenue. The
proposal is located on the north side of Sixth Street and immediately west of, and across
Broadway Avenue from the Bank of America located on the northwest comer of the intersection
of Sixth Avenue and Warren Avenue. A mix of commercial uses exist in the immediate vicinity,
including: Kitsap Bank, Kitsap Credit Union, Tony's Teriyaki, Dillan Insurance, Doyle
Chiropractic, and the Bremerton Dance Center. The Apostolic Church is located south of and
across 6th Avenue from the proposal and Chester Terrace Apartment complex is located
approximately ½ block to the north.
Relation to
Subject Current Zoning Comprehensive Plan Designation
Property
North Central Bremerton Residential Medium-Density Residential (MDR)
(CBR)
South Multi-family Residential (MR) High-Density Residential (HDR)
East Business Core (BC) Central Business District (CBD)
West Professional Office (PO) Medium-Density Residential (MDR)
2. Proposal:
The applicant's request is for concurrent Comprehensive Plan Map and Official Zoning Map
amendments. The end result will be to change both maps to designate the properties involved in
the amendment request The applicant's request is for concurrent Comprehensive Plan Map and
Official Zoning Map amendments. The proposed end result will be to change both maps to
designate the property specified in the amendment requests. Specifically: the Comprehensive
Plan Map would be amended from: Medium Density Residential (MDR) to Central Business
District (CBD), and; the Official Zoning Map would be amended from: Professional Office (PO)
to Business Core (BC).
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 project 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 for use and development of the property at this
time. Further development of approved property specific amendments and rezones that are not
categorically exempt pursuant to WAC Chapter 197-11-800, 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 project action in accordance with
WAC 197-11 on February 16, 2001.
4. COMPREHENSIVE PLAN CRITERIA:
Element K of the Bremerton Comprehensive Plan - Implementation, Consistency and
Concurrency, addresses the "Timing of Amendments" as well as the "Criteria for Approval,"
which must be satisfied before Plan Amendments can be approved. The procedures followed for
consideration of this proposed amendment are those outlined in the Growth Management Act
RCW 36.70A. 130
5. Approval Criteria:
All proposed amendments to the Comprehensive Plan must meet all five criteria listed. This
proposal responds to the requisite criteria as follows:
(1) Consistent with GMA and regulations:
Response: This proposal does not conflict with any of the GMA or City planning goals and is
especially consistent with goals dealing with urban growth, reducing sprawl, with possible infill of
underdeveloped parcels which has the potential to reduce urbanizing pressures in other zone
classifications, and being situated amongst a developing mixed use neighborhood can encourage
economic development.
(2) No significant adverse effects:
Response: There are no sensitive land use issues identified with this site. Potential slopes may exist
behind the sidewalk fronting 6th Street and slope away and down to the alley to the north. Substantial
regrading and/or excavation which may occur as a result of whatever future construction project may be
proposed, to be found on the property will be addressed at the time those development applications are
submitted. Any future development proposal for this site will impact one (1) older residential structure
situated on four lots.
(3) Can be accommodated by all services, facilities and transportation:
Response: This urbanized site has been served with all services, facilities, and utilities for several
decades and fronts on a major arterial. No significant conflict is anticipated here.
(4) Will help implement the goals and policies of the Comp. Plan:
Response: The Comprehensive Plan policies favor growth in urban areas to encourage economic
development, finding new sites for commercial development to attract new business, which will in turn
increase residential density and commercial intensity.
(5) Impacts beyond the City limits:
Response: As this proposal area is within the City of Bremerton and located adjacent to the central
business core of the City, on one of the three major east-west transportation corridors, any impact beyond
the City limits is virtually undeterminable.
6. Comprehensive Plan:
Even though the 1995 Comprehensive Plan describes the Central Business District (CBD) as that
geographical area bounded on the south by PSNS, on the east by the Port Washington narrows outer
harbor line, and on the north and west by the rear property lines of properties that front on Sixth Street
and Warren Avenue, Policy (h) of the CBD Plan encourages the promotion of land uses and development
patterns predicated upon the continuing study and refinement of the "Urban Diagram" that will reflect the
best interest of the community. The proposal area is located immediately west of the area indicated on
the Urban Diagram as "Sixth-Street Auto Oriented" and appears to be included in natural mixed-use
development extension of the auto oriented corridor of Sixth Street. The proposal would also be
influenced by high-density mixed-use transitional areas depicted in close proximity to the east.
7. REZONE/ORDINANCE & OFFICIAL ZONING 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 from Professional Office (PO) to Business Core (BC) is consistent
with the group of Primary Zones listed in the Comp Plan designation of Central Business District (CBD).
Additionally, the existing zoning classification (PO) is not consistent with the Comp Plan designation of
Medium-density Residential (MDR). The concurrent action to amend the Bremerton Comprehensive
Plan Map proposes a change in the Plan to redesignate the subject parcels as CBD thereby more
accurately reflecting the current mixed land use growth patterns and the PO zoning classification. The
proposed Business Core (BC) zone classification is an implementing zone which is similar in
development standards of the existing PO zone, but, allows additional flexibility in the development
standards, and thus, maintains consistency with the Comprehensive Plan amendment proposal.
(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: Ongoing mixed use land development within the vicinity of the proposal and potential
future infill development, in and around the Business Core area, including this proposal, will be in the
best public interest as the potential exists for increasing residential density and a wider range of services
with this rezone request which will provide more flexibility in development scenarios desired for the
q
Business Core (BC). Certainly, there would be an argument to be made, that in 1995 the subject property
should have been included in the BC land use/zoning designations at that time. The development
progression in the intervening years since 1995 indicates there is a need for more flexibility in the
business core area of the City. Thus, the WESLAR/Larson Comprehensive Plan and Official Zoning
Map amendment will result in a more appropriate zoning of the property then perhaps was true in 1995.
(3) Is there a public need for the proposed Rezone that will clearly benefit the local
neighborhood and/or the community of Bremerton?
Response: There is no set standard which says a community needs a certain amount of land to
establish a Business Core area and where the boundaries are to be set. Absent a standard, a City like
Bremerton must evaluate trends to determine what seems to be an appropriate amount of area. Two other
factors must also be considered - the "competitive market place" and the location for the implementing
provisions - zoning. Many communities, and Bremerton is no exception, rely on healthy businesses, be
they retail, service or manufacturing based to support residential population and the services provided by
the government. The provision of ample land for higher density commercial and residential mixed use in
the proper locations, including the Business Core, promotes vigorous economies.
The Business Core area can accommodate additional higher density commercial and residential uses, as
well as expand to bring those "fringe" areas influenced by the district development under the broader
"business core umbrella" of relaxed standards and more flexibility in the zone classification standards.
(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: City water and sewer infrastructure required to support higher density development of
this property exists within the proposal area. However, it is expected that a potential user of this rezone
area would implement storm water mn-off control measures as part of any development proposal. Also,
if there are any deficiencies in the existing infrastructure, whether for roads, water, sewer or storm sewer,
the eventual site user 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 proposed Zoning Map amendment would continue to establish a land use pattern
which is an extension of the adjacent and larger BC zoning district depicted on the existing zoning map.
The change of zoning classification for this proposal does not form a new district or will it become an
isolated "spot zone". The proposal meets the test of being a part of a larger zoning district.
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 proposal parcels, HDR (High-
Density Residential) does not include the proposed Business Core (BC) zone as a primary zone.
Consequently: the BC zone classification request would be considered as a secondary or accessory zone.
The Bremerton Municipal Code, Section 21.02.100 "SECONDARY ZONES" reads: In unique cases,
rezone requests for zones not listed in Figure 090 as "primary" may be approved for limited application.
These secondary or accessory zones will also be considered consistent with the Comprehensive Plan
and may be approved, but only when they meet the City's standard Rezone criteria #3,4, and 5, and each
of the following additional criteria:
(a) The zone shall consist of no more than ten percent (t0%) of the total area of the Plan
designation in which it is proposed; and
(b) The zone is necessary to allow a use or development that is accessory to or directly
supportive of a planned or existing use in the adjacent primary zone; and
(c) The rezone includes conditions of approval to cause the zoning to revert if the intended use
for that zone, as approved, is not developed within a reasonable time, if the use is ceased or
abandoned for a period of at least one year, or for other reason deemed appropriate at the
time of approval.
Response: (a) The one quarter acre proposal is substantially less than ten percent (10%) of the
Business Core (BC) zoned area in which it is proposed.
(b) As the proposal parcels are immediately adjacent to the existing BC zone, and located
on one of the two major access corridors to the BC zone it is directly supportive of additional higher
density development and expansion of existing uses in the adjacent primary zone.
(c) The rezone does not include conditions of approval to cause the zoning to revert if
the intended use for that zone, as approved, is not developed within a reasonable time, if the use is ceased
or abandoned for a period of at least one year, or for other reason deemed appropriate at the time of
approval.
CONCLUSIONS
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.
BREMERTON PLANNING COMMISSION
FINDINGS AND CONCLUSIONS
PL00-0073: WESLAR: Sixth Street/Broadway-west of Warren Avenue.
Comprehensive Plan Map and Official Zoning Map Amendment Application
PROPERTY & LOCATION: This proposal affects four (4) parcels of land, a~gregating
approximately one-quarter (1/4) acre, and are located generally north of 6"' Avenue,
west of Broadway Street, and east of Chester Avenue. The parcels are more
specifically described as Lots 1 - 4, Block 6 of the Dietz Addition and addressed as
1102, 1104, 1106, and 1108 6th Street, Bremerton, respectively. Specifically, the
proposal properties are identified with Tax Parcel No's: 3743-006-001-0002, 3743-006-
002-0209, and 3743-006-004-0009.
PROPOSAL: The applicant's request is for concurrent Comprehensive Plan Map and
Official Zoning Map amendments. The proposed result will be to change both maps to
re-designate the property specified in the amendment request. Specifically: The
Comprehensive Plan Map would be amended from: Medium Density Residential
(MDR) to Central Business Distdct (CBD), and; The Official Zoning Map would be
amended from: Professional Office (PO) to Business Core (BC).
FINDINGS:
1. The City of Bremerton annually proposes to amend its Comprehensive Plan
through city and public initiated amendment applications, which will be,
applied citywide as well as property specific. The Growth Management Act
allows amendments to Comprehensive Plans only once a year with few
exceptions. Comprehensive Plan Amendment application requests are
considered non-project actions, which do not propose specific development
projects. Throughout the year, applications for Comprehensive Plan Text
amendments are received and collectively placed on a docket for processing
in order to assess the "cumulative effects". A Public Hearing process is
conducted both at the Bremerton Planning Commission and the City Council
levels. The Planning Commission's recommendation of approval or denial.
on a proposed amendment is forwarded to the City Council for its
consideration. A proposal that the Council approves is enacted by
ordinance.
2. The area surrounding the subject application property is an underdeveloped
variety of land uses with, older single-family residential units on small lots
and commercial business mixed in. Some of the uses and many of the
properties do not conform with current zoning regulations.
3. This proposal does not conflict with any of the GMA or City planning goals
and is especially consistent with goals dealing with urban growth, reducing
sprawl, with possible infill of underdeveloped parcels which has the potential
to reduce urbanizing pressures in other zone classifications, and being
situated amongst a developing neighborhood evolving to a higher intensity of
land use can encourage economic development.
4. There are no sensitive land use issues identified with this site. Potential
slopes exist behind the sidewalk fronting 6th Street and slope away and down
to the alley to the north. Any future development proposal for this site will
impact one (1) older residential structure situated on four lots.
5. Future development of this non-project proposal can be accommodated by
all services, facilities and transportation.
6. The Comprehensive Plan policies favor growth in urban areas to encourage
economic development, finding new sites for commercial development to
attract new business.
7. Policy (h) of the CBD Plan encourages the promotion of land uses and
development patterns predicated upon the continuing study and refinement
of the "Urban Diagram" that will reflect the best interest of the community.
The proposal area is located immediately west of the area indicated on the
Urban Diagram as "Sixth-Street Auto Oriented" and is an appropriate
extension of this district. The proposal is influenced by higher-density land-
use transitional areas to the east.
8. City water and sewer infrastructure required to support higher density
development of this property exists within the proposal area.
9. The proposed Zoning Map amendment would continue to establish a land
use pattern which is an extension of the adjacent and larger BC zoning
district depicted on the existing zoning map. The change of zoning
classification for this proposal does not form a new district nor will it become
an isolated "spot zone". The proposal meets the test of being a part of a
larger zoning district.
CONCLUSIONS:
1. Ongoing higher intensity use land development in and around the Business
Core area is in the best public interest.
2. The Business Core area can accommodate additional higher density
commercial and residential uses, as well as expand to bring those "fringe"
areas influenced by the district development under the broader "business
core umbrella" of relaxed standards and more flexibility in the zone
classification standards.
3. The proposed Comprehensive Plan Amendment requested to change the
map from: Medium Density Residential (MDR) to Central Business District
(CBD) satisfies the "Approval Criteria" for Comprehensive Plan amendments.
This proposal is consistent with the GMA or City planning goals, especially
with goals dealing with urban growth, reducing sprawl, and with in-fill of
underdeveloped parcels.
4. This requested rezone to change the Official Map from: Professional Office
(PO) to Business Core (BC) satisfies the five applicable rezone criteria of
the Bremerton Zoning Ordinance as specified in Chapter 21.02.920.
5. The location is particularly suitable for higher intensity development, and
land use development such as that found in other areas of the CBD, as it is
located adjacent to the CBD and in an auto-oriented, commercially
developing area.
6. The proposed rezone satisfies the consistency rule in the GMA.
Approved by the Bremerton Planning Commission on July 31, 2001.
Attest:
Andy~o~~O/Chair Chr~HUgo, S~ret~ry [-
¸3'7
CITY OF BREMERTON
BUILDING AND PLANNING DEPARTMENT
STAFF REPORT
COMPREHENSIVE PLAN & REZONE AMENDMENTS
for
Mentor-Clare Avenue & Warren Avenue (P&BD File #: PLO0-O077)
January 14, 200t
Applicant: Eldorado Hills, Inc., Joe Mentor, President
9481 Silverdale Way NW, Suite 201
Silverdale, WA. 98383
[360] 692-3079
Location: This proposal affects a single parcel of land containing approximately 9,100 square feet
and is located at 2755 Clare Avenue, situated within the inside curve of the Clare
Avenue off-ramp from Warren Avenue immediately northeast of the Warren Avenue
Bridge.
Description: Specifically, the proposal parcel is identified as Lot 1, Block 2, Second Addition to
Sheridan Park. Tax Parcel No: 3966-002-001-0001.
Proposal: The applicant's request is for concurrent Comprehensive Plan Map and Official Zoning
Map amendments. The proposed end result will be to change both maps to designate the
property specified in the amendment request from single family residential to
commercial. Specifically:
The Comprehensive Plan Map would be amended from:
Medium-Density Residential (MDR) to General & Professional Offices (C-P),
and the Official Zoning Map would be amended from:
Residential Medium-Density (MF) to Health Care (HC).
FINDINGS
1. Property & Proposed Action:
This proposal affects a single parcel of land containing approximately 9,100 square feet and is
located at 2755 Clare Avenue, situated within the inside curve of the Clare Avenue off-ramp
from Warren Avenue immediately northeast of the Warren Avenue Bridge. The applicant's
request is for concurrent Comprehensive Plan Map and Official Zoning Map amendments.
2. Surroundin~ Land Uses:
A land use inventory was conducted of the area surrounding the subject property. This included
the property surrounding the intersection of Clare Avenue and Warren Avenue. The surrounding
land uses include commercial businesses associated with the Health Care neighborhood and a
mixture of residential densities including single-family homes to larger extended health care,
assisted living facilities.
Relation to SubjectT Current Zoning Comprehensive Plan Designation
Property
North Residential, Medium-density (MF) Medium-Density Residential (MDR) and
(across Clare Ave.) General & Professional Offices (C-P)
South Residential, Medium-density (MF) and Medium-Density Residential (MDR)
Parks & Schools (PS) and Parks (P)
East Health Care (HC) General & Professional Offices (C-P)
West Parks & Schools (PS) and Residential, Low Density Residential (LDR), Medium-
(across Warren Ave.) Low-density (DR) Density Residential (MDR), and Parks (P).
3. Proposal:
The applicant's request is for concurrent Comprehensive Plan Map and Official Zoning Map
amendments. The end result will be to change both maps. Specifically, the Comprehensive Plan
Map would be amended from: Medium-Density Residential (MDR) to General & Professional
Offices (C-P), and the Official Zoning Map would be amended from: Residential Medium-
Density (MF) to Health Care (HC).
4. 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 ~vhich 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 project 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. Further development of approved property specific amendments and
rezones that are not categorically exempt pursuant to WAC Chapter 197-11-800, 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-action project in accordance with
WAC 197-11 on January 16, 2001.
5. Comprehensive Plan Criteria:
Element K of the Bremerton Comprehensive Plan - Implementation, Consistency and
Concurrency, addresses the "Timing of Amendments as well as the "Criteria for Approval,"
which must be satisfied before Plan Amendments can be approved. The procedures followed for
consideration of this proposed amendment are those outlined in the Growth Management Act
RCW 36.70A. 130.
6. Approval Criteria:
All proposed amendments to the Comprehensive Plan must meet all five criteria listed. This
proposal appears to meet the criteria as follows:
1. Consistent with GMA and regulations:
Response: This proposal does not conflict with any of the GMA or City planning goals and appears
to be consistent with goals dealing with urban growth, reducing sprawl, encouraging economic
development, etc.
2. No significant adverse effects:
Response: There are no wetlands to be found on the property. Significant slopes occur on the
southern portion of the parcel and would require special consideration regarding promulgation of
development regulations of the City's Critical Areas Ordinance should a future development proposal be
submitted.
The parcel is located on the inside curve of the Clare Avenue exit ramp from the Northeast end of the
Warren Avenue Bridge. The parcel is currently undeveloped, with the exception of the recent
construction of a driveway access point at the extreme end of the eastern property line. As potential
traffic impacts could possibly occur as a result of future development, further traffic impact analysis
would be required for traffic impact mitigation considerations.
3. Can be accommodated by all services, facilities and transportation:
Response: A single-family residence previously occupied this site, and it appears to have been
served with all services, facilities, and utilities for several decades and fronts on a major arterial. No
significant conflict is anticipated here.
4. Will help implement the goals and policies of the Comp. Plan:
Response: Encouraging new economic development, finding new sites for associated neighborhood
commercial development, and attracting new businesses to the City are local policies and objectives of
the Comprehensive Plan. This proposal is consistent with those polices and objectives.
5. Impacts beyond the City limits:
Response: The proposal area is within the City of Bremerton and is not close to any unincorporated
areas of Kitsap County.
7. Comprehensive Plan - Harrison District:
The 1995 Comprehensive Plan identified the need for further study of the Harrison District and
recommended that a specific district plan be developed separate from but consistent with the area wide
Comprehensive Plan. Objectives of preparing a Harrison District Plan identified in 1995 included: To
maintain and strengthen the professional relationships between Harrison Hospital and surrounding
physician's offices and related medical services; To anticipate future growth needs and incorporate them
into a land use plan for the district that will minimize the need for future Plan amendments and rezones~
and, To maximize the efficient use of existing lands through the creative design land site planning,
improved public transit service, mixed use development, and other features.
With further study and development, the Harrison District Plan was adopted by Ordinance No. 4572, in
October of 1996. The Health Care (HC) zone classification was created within this District Plan. The
HC designation includes many primary uses and support uses that are allowable uses in both the
Professional Office and General Business zones, and are intended to promote planning and development
objectives of the Harrison District Plan while preventing most incompatible uses. A primary objective of
development of the HC zone classification was to provide for areas of new growth and expansion of
those areas to be provided.
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 of the Bremcrton Municipal Code (BMC):
Thc 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
21.02.245 "Plan/Zoning Consistency" of this code.)
Response: The proposed rezone is not consistent with the existing Medium Density Residential
(MDR) plan classification for the proposal property. However, the concurrent action to amend thc
Bremerton Comprehensive Plan Map will change the Plan to allow General & Professional Offices (C-P)
uses for these properties. The proposed Health Care (HC) Zone is a primary zone within the proposed
amendment CP designation and thus is considered to be consistent with the related Comprehensive Plan
designation.
(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: The hospital and related medical services and supporting businesses are an important
asset to the City, and form a vital part of the local economy. In order to strengthen the role of the district
as a regional health services center, various commercial, and retail support services are required and
necessary to maintain leading edge provision of health care services in our regional setting. To this end,
the development of a relatively unusable parcel (based upon its current land use classification) is not a
viable option, and if it can be determined that the highest and best use is something that can support
another classification then perhaps its predetermined classification should be modified. The general land
use categories in the Harrison District Plan establish the framework for zoning designations. Even
though the District Plan points out that there appears to be a shortage of land for medium and high
density- housing within this district, this particular parcel will only support the development of one,
three-unit dwelling. The ultimate land use of this awkwardly located and sized parcel would probably
best be served by some supporting land use activity as defined in the HC classification. If there is a need
for a perceived change in the zoning classification in order to bring this parcel into productive use then it
would benefit the community to have additional development scenarios through a rezone other than
residential to accomplish same.
The last three reasons do not apply to this Plan and Official Zoning Map amendment.
(3) Is there a public need for the proposed Rezone that will clearly benefit the local
neighborhood and/or the community of Bremerton?
Response: Many communities, and Bremerton is no exception, rely on health care facilities and the
support businesses, be they retail or service, to support the services provided by the government.
Bremerton provides regional health care facilities. In order to promote the expanding need and continued
growth of health care services and the related support facilities and busineSses a community must
provides ample land and opportunities for growth development and continued provisions development of
health care support facilities in close proximity to health care providers. Health care support businesses
that might locate in the Harrison district corridor will come there if they can find appropriate sites at a
competitive price. If there is a limited amount of available land, the price may escalate to a point
potential site users will go elsewhere to build their stores.
It appears that the Harrison District can accommodate additional health care support services, the next
question to be answered is the appropriateness of the area for General Business Zoning. As this
particular "corner" parcel is isolated, (insulated?) from other surrounding land uses by transportation
patterns, has high traffic visibility, and is of relatively small size, it can be assumed that it is essentially
rendered non-developable for medium to higher density health care residential type facilities and would
possibly be more appropriately developed with some form of commercial support activity. High
visibility and high traffic corners are particularly desirable to potential commercial retail businesses and
thus, would be an attractive feature for the eventual user of this parcel.
(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: The entire infrastructure required to support development of this property exists in the
area. However, it is expected that a potential user of this rezone area would implement additional storm
water run-off control measures as part of any development proposal. Also, if there are any deficiencies
in the existing infrastructure, whether for roads, ~vater, sewer or storm sewer, the eventual site user will
have 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 Mentor-Clare Avenue Comprehensive Plan and Official Zoning Map amendment
would establish a land use pattern which is an extension of the existing plan and zoning classification
that nearly abuts the site on the east. As the parcel fronts on the Clare Avenue exit ramp and Warren
Avenue "interchange" high volume traffic areas, the proposal would appear to meet the test of becoming
part of the larger HC zoning district that is essentially immediately to the east.
CONCLUSIONS
1. The proposed Comprehensive Plan Amendment request to change the map from Low
Density Residential (LDR) to General & Highway Commercial (C-G) appears to satisfy the
"Approval Criteria" for comprehensive plan amendments.
2. This requested rezone appears to satisfy the five applicable rezone criteria of the Bremerton
Zoning Ordinance as specified in Chapter 21.02.920.
3. The location may be particularly suitable for development other than medium density
residential use as it is essentially isolated from other low to medium density residential land.
It will only accommodate a small number of additional dwelling units, and would not be
particularly desirable for residential as a result of possible high impacts from noise, traffic,
headlight glare and dust.
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.
BREMERTON PLANNING COMMISSION
FINDINGS AND CONCLUSIONS
PL00-0077: Mentor: Warren Avenue/Clare Avenue
Comprehensive Plan Map and Official Zoning Map Amendment Application
PROPERTY & LOCATION: The proposal affects a single parcel of land containing
approximately 9,100 square feet and is located at 2755 Clare Avenue; situated within
the inside curve of the Clare Avenue off-ramp from Warren Avenue immediately
northeast of the Warren Avenue Bridge. Specifically, the proposal property is identified
as Lot 1, Block 2, Second Addition to Sheridan Park. Tax Parcel No: 3966-002-001-
0001.
PROPOSAL: The applicant's request is for concurrent Comprehensive Plan Map and
Official Zoning Map amendments. The proposed result will be to change both maps to
re-designate the property specified in the amendment requests. Specifically: The
Comprehensive Plan Map would be amended from: Medium-Density Residential (MDR)
to General & Professional Offices (C-P), and the Official Zoning Map would be amended
from: Residential Medium-Density (MF) to Health Care (HC).
FINDINGS:
1. The City of Bremerton annually proposes to amend its Comprehensive Plan
through city and public initiated amendment applications, which will be,
applied citywide as well as property specific. The Growth Management Act
allows amendments to Comprehensive Plans only once a year with few
exceptions. Comprehensive Plan Amendment application requests are
considered non-project actions, which do not propose specific development
projects. Throughout the year, applications for Comprehensive Plan Text
amendments are received and collectively placed on a docket for processing
in order to assess the "cumulative effects". A Public Hearing process is
conducted both at the Bremerton Planning Commission and the City Council
levels. The Planning Commission's recommendation of approval or denial on
a proposed amendment is forwarded to the City Council for its consideration.
A proposal that the Council approves is enacted by ordinance.
2. There are no significant adverse environmental affects. There are no
wetlands to be found on the property. Significant slopes occur on the
southern portion of the parcel. The parcel is located on the inside curve of
the Clare Avenue exit ramp from the Northeast end of the Warren Avenue
Bridge. The parcel is currently undeveloped, with the exception of the
eastern property line.
3. This proposal can be accommodated by all services, facilities and
transportation.
4. This proposal is consistent with the GMA or City planning goals and is
consistent with goals dealing with urban growth, reducing sprawl,
encouraging economic development, finding new sites for associated
neighborhood commercial development, and attracting new businesses to the
City.
CONCLUSIONS:
1. The proposed Comprehensive Plan Amendment request to change the map
from Low Density Residential (LDR) to General & Highway Commercial (C-
G) satisfies the "Approval Criteria" for Comprehensive Plan amendments.
2. This requested rezone to change the Official Map from: Residential Medium-
Density (MF) to Health Care (HC) satisfies the five applicable rezone criteria
of the Bremerton Zoning Ordinance as specified in Chapter 21.02.920.
3. The location is suitable for development other than medium density
residential use, as it is isolated from other Iow to medium density residential
land.
4. The proposal is consistent with the GMA and City planning goals and is
consistent with goals dealing with urban growth, reducing sprawl,
encouraging economic development, finding new sites for associated
neighborhood commercial development, and attracting new businesses to
the City.
5. The proposed rezone satisfies the consistency rule in the GMA.
Approved by the Bremerton Planning Commission on July 31, 2001.
Attest:
A_ r~dy/Ko Chris Hugo
Chair
Secretary
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing FOR AGENDA OF: September 5~ 2001
Resolution # ~.3~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept.
resecuring the building on the property located at 1320 ORIGINATOR: A! Duke
N. Callow Avenue. DATE SUBMITTED:
2. CLEARANCES: (Comm~xt on back if 3. EXHIBITS:
Fire Chief: LL~_-~,~ 1. Resolution #
City Clerk: o~ ~ ~ 2. Clerk Report
Interim City At~ .~~c/~ J 3. Photos
ENDORSEMENT ~__~INFORMATION___ APPROVED BY COUNCIL PRESIDf,4NT FOR SUBMITTAL:
4. SUMMARY ST
On May 7, 2001, Public Works boarded the building !o ed at 1320 N. Callow Avenue pursuant
to a Notice to Vacate issued on May 1, 2001. The residence had been without water service since
February and occupancy was deemed unsanitary and unsafe. On June 12, June 14, and June 27, 2001,
Public Works resecured the building after someone removed the boards from the rear of the structure.
The cost of the work for all three re-boards was $232.55. Council must now decide if the fees are just and
reasonable and how they should be collected.
RECOMMENDATION:
I move that Council, by Resolution # ., order that the fees in the amount of $232.55
incurred for securing the structure 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: Al Duke
EXPIRATION DATE: N/A
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDE~ __~__~
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO.: ~1'-/~?
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 building on the
property at 1320 N. Callow 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 Abatement of Dangerous Buildings, as adopted by the
Bremerton Municipal Code, allows the City to recoup these costs either by personal judgmem 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
WHEREAS, 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 abatemem charges included in the report of the Building Official in the amount of $232.55
for the property located at 1320 N. Callow, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its right to recapture abatemem 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
August 20, 2001
Memo
To-- Paula Johnston, Deputy City C. lerk
From.- Janet Lunceford, BDS II ..
Re: 1320 N. Callow Avenue
On 6/12/01, 6/14/01 and 6/27/01, Public Works re-boarded the house located at 1320 N. Callow
to secure it against entry. Council approved a lien for the original board-up fees on July 25,
2001. The fees incurred for the re-boards totaled $232.55 per the attached interfund transfer.
Because the administrative fees were charged on the original lien, no further administrative fees
will be charged at this time. I have scheduled a public hearing for September 5, 2001 for
Council to decide how the fees should be collected.
CITY OF BREMERTON
INTERFUND TRANSFER
CITY DEPARTMENTS ONLY DATE 07/03/2001 TRANSFER# 10152
COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE
Fire Department (Fund 108)
TO PWO-STREET DIVISION FROM Abatements/Demolitions
(REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT)
DESCRIPTION TOTAL
Charges per attached summary for: June 2001 BLAB
LABOR $1,933.70
EQUIPMENT $928.50 ..
MATERIALS · $276.20
SALES TAX $0.00
TOTAL $3,138.40
ACCOUNT AMOUNT ACCOUNT AMOUNT
42-349.3900 $3,138.40
Work Order History
07/03/2001 12:42.'08 PM CITY OF BREMERTON PWO-STREET DIVISIOb
Work 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: 07/03/2001 10:37:34 AM
Lead Employee: 0524 Colen Corey Date Targeted: 08/02/2001
Priority: 1 Date Assigned:05/03/2001
Location ID: 1 Unspecified Location Date Started: 05/07/1901
History #: 1 Unspecified Equipment Date Finished: 06/27/1901
Work Description
Board Up Structure Monday May 7 Check with Janet L before commencing work.
06/1~.12001 N4014280 BLAB-1320 Callow - Re-Board-up.
511516 No BLAB
0909 Brian Brewer 1.00 hr $33.00
0583 Mark A. Thompson 1.00 hr $33.00
06/~4/'Z001 N4014280 BLAB-1320 Callow - Re-Board-up.
511543 No BLAB
0909 Brian Brewer 1.00 hr $33.00
3025 '93 GMC 1-TON DUMP 1.00 hr $8.00
0583 Mark A. Thompson 1.00 hr $33.00
osb OSB 7/16" 4x8 Graded 2.00 ea $16.70
0~ao0~ ~0m~o BLAB-1320 Callow - Re-Board-up.
511644 No BLAB
0909 Brian Brewer 1.00 hr $33.00
0583 Mark A. Thompson 1.00 hr $33.00
2087 Andrew Randolph 1.00 hr $9.85
7.00 hr 0.00 hr $232.55
SUrvti'-viARY FOR %'ORKORDER: SD510028
Labor: $207.85 Total Regular Labor Hours: 7.00
Benefits: $0.00 Total Overtime Labor Hours: 0.00
Equipment: $8.00 Total Labor Hours: 7.00
Materials: $16.70
Sales Tax: $0.00 Total Regular Equipment Hours: 1.00
Total Overtime Equipment Hours: 0.00
Total: $232.55 Total Equipment Hours: 1.00
AGENDA BILL
BREMERTON CITY COUNCIL
1. SIJBJECT: FOR AGENDA: September 5, 2001
ORDINANCE AMENDING BREMERTON ORIGINATING DEPT: City Council
MUNICIPAL CODE 21.02.330 (e) (9) ORIGINATOR: John Law, Council President
REGARDING SIGNS IN THE PUBLIC DATE SUBMITTED: August 29, 2001
RIGHT OF WAY
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
HEARD 8/29/01
ORDINANCE NO.
FISCAL AND BUDGET COMMITTEE EXHIBIT
HEARD 8/29/01
OPERATIONS COMMITTEE
ENDORSEMENT ~ 1NFORMA/TION [-] APPROy'E~ FOR SUBMITTAL BY
MAYOR: "7~g~,z--~ .j. /4¢/.._ COUN? P,~~NT:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The attached ordinance anqends the Bremerton Municipal Code (BMC) 21.02.330 by including language that
limits the size of signs in the public right-of-way. The sign size for Special Election or Primary Election
purposes would be 32 square feet or smaller, less than 6 feet in height, and there would be no building pem~it or
zonhag approval required.
5. RECOMMENDATION:
Move to approve Ordinance on first reading.
Move to pass Ordinance No. on second reading,
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
?. NOTICE OF ACTION: ~t2AA
PULLED ~] TABLED [-] APPROVED ~-] DISAPPROVED ~] AMEND
COUNCIL DIRECTIVE:
8. AGENDA BILL NO' ~)
/
9. IMPACT OF NON-PASSAGE:
Issue will not be addressed.
10. IMPACT ON STAFFING, BUDGETS, FACII,ITIES, EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
CITY OF BREMERTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BREMERTON, KITSAP COUNTY, WASHINGTON,
REGARDING SIGNS IN PUBLIC RIGHT-OF-WAYS, AND
POLITICAL SIGNS, AND AMENDING BREMERTON
MUNICIPAL CODE SECTION 21.02.330(e)(9) and TITLE 21
APPENDIX FIGURE 3-30
WHEREAS, in order to mitigate the aesthetic impact of signs in the public right-of-way, and to
protect the public health, safety and welfare from placement of signs in the public right-of-way that
impair visibility of pedestrians and vehicles the City Council finds it necessary to restrict the use of signs
in the public right-of-way, and,
WHEREAS, the City Council has been advised by the City Attorney that the time restriction on
the placement of political signs is too restrictive; and
WHEREAS, given that political signs can be placed on both commercial and residential property
throughout the City, and that there historically is a significant number of political signs placed on private
property all at the same time; and
WHEREAS, this pattern and intensity of sign placement does not occur with other types of
temporary signs; and
WHEREAS, due to the proliferation of political signs, which is encouraged by the Council in
order to provide the widest possible expression of political speech, the Council finds that it is not a
burdensome restraint upon the freedom of expression to restrict the size of political signs to 32 square
feet per sign; now, therefore,
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Figure 3-30 of Title 21 Appendix, page 31 is amended to read as set forth in
Exhibit A attached hereto.
Section 2. Section 21.02.330(e)(9) is hereby amended to read as follows
(9) Temporary/Special Purpose signs related to short-term events
and political signs. [See Section (i).Temporary/Special Use Signs].
Ordinance No.
Page 1 of 2
Section 3. This Ordinance shall be in full force and effect ten (10) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of the
entire Ordinance, as authorized by State law.
Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the
validity or effectiveness of the remaining portions of this ordinance.
Introduced the __ day of September, 2001.
Passed by the City Council on the __ day of September, 2001
Approved by the Mayor on the __ day of September, 2001.
Lynn Horton, Mayor
ATTEST:
Kathleen L. McCluskey, City Clerk
APPROVED AS TO FORM:
Loren D. Combs, Interim City Attorney
Published: ,2001
Effective Date: ,2001
Ordinance No.
Page 2 of 2
BLDG. ZONING
SIGN TIME SIGN SIGN PERMIT APPROVAL
TYPE DESCRIPTION LIMIT SIZE HEIGHT REQUIRED REQUIRED
SHORT TERM Under 32 sq.ft. Under 6 feet NO
A Temporary/ 7 days NO
Special Purpose 32 sq.ft, or larger 6 ft. or higher YES
LONG TERM
B Temporary/ 60 days 8 sq.ft, maximum 4 ft. NO NO
Special Purpose maximum
UNLIMITED TIME 8-32 sq.fl. Under 6 feet NO YES
C Special Purpose None Over 32 sq.ft. 6 ft. or higher YES YES
POLITICAL From 60 days prior
D Special Election to the election to 7
days after the 32 sq.fl, or smaller Under 6 feet NO
election.
From the 1st day of NO
Primary or
the filing period until 32 sq.ft, or Under 6 feet NO
General Election 7 days after the smaller
general election.