HomeMy WebLinkAbout06/21/00 AGENDA CITY COUNCIL MEETING AGENDA
JUNE 21, 2000
1. CITY 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 scheduled for this meeting.
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. NEW BUSINESS
There are no New Business Items scheduled for this meeting.
10. ORDINANCES
A. Ordinance No. 4714 (Second Reading), Approving Development Agreement of
Olympic Property Group for the West Hills Project (#AB00-149)
11. PUBLIC HEARINGS (6:00 P.M. or AS SOON AS POSSIBLE THEREAFTER...)
A. Public Hearing and Ordinance (First Reading), Establishing Additional Fire o4,
and Life Safety Requirements for Existing Multi-Family Residential Buildings
(#AB00-150)
12. ADJOURNMENT OF MEETING
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECt: PublieHearing/Ordinan~ ~)~7.~] 4 FOR AGENDA OF: June 14t2000
ORIGINATING DEPT.: DCD
APPROV I NG DEVELOPMENT AGREEMENT Of OLYMP I C ORIGINATOR: Bill Palmer
PROPERTY GROUP, FOR THE WEST HILLS PROJECT DATESUB~D:Junel,'~OO0
2. CLEARANCES: (Comment on back if 3. EXHIBITS:
necessary) I ~l~/~r~~ Ordinance No.
Comm. Dev. Dir.: ~~'~ ~ s. obl~blic Hearing '
/f~ .,. ~, "~[~,aff Report with Relevant Attachments
City AttorneY~0~nning Commission Minutes of April 18,
Public Works Dir~
ENDORSEMENT X/ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The applicant has submitted for City review and approval a Development Agreement which would
extend the West Hills Project, initially approved on March 14, 1997 under Resolution No. 2599 for a
fifteen year period. In addition to other terms, all of the original conditions of project approval have
been incorporated by reference into the proposed development agreement. Said agreement received
Planning Commission approval on April 18, 2000.
5. RECOMMENDATION:
I move to~ on fi~.st reading Ordinance No. /'at '7 ! ? authorizing the Mayor to sign the West Hills Development
6. RESPONSIBLE OFFICIAL: William M. Palmer
ENFORCEMENT OFFICIAL:
EXPIRATION DATE: N/A
REVIEW DATE: N/A
7. NOTICE OF ACTION !OA
PULLED TABLED APPROVED __ DISAPPROVED __ AMENDED
COUNCIL DiIIECTIVE: DATE:
8. AGENDA BILL NO.:
i
9. CLEARANCE COMMENTS:
10. IMPACT OF NON-PASSAGE: The West Hills Project would proceed as agreed to through the Development
Agreement.
11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Not significant.
12. RESEARCH SOURCES:
Zoning Ordinance
File
Site Visits
NO. zF/[4
AN ORDINANCE APPROVING TI~ DEVELOPMENt AGRFTMP2qT OF
OLYMPIC PROPERTY GROUP, LLC FOR TH~ WEST Frill S PROJECT PURSUANT TO
RCW 56.70B.170 AND BMC 21.0'2.~X)0.
W~ the West [-[i]]z Preliminarq Plat and Planned Unit Development (West
I-Ii]Is Project) waz approved hq the Citq oi Bremerton Mag 14, 19~/', under
Resolution No. ~ and '
W~, the West ~il]_~ Project m~v ta~e several qear~ to m~zket and develop; and .
~ the Went t-idb Prelect embodies a project which may take several ~ears to
market and develop;
WHEREAS the time h,,,it~ ion completi~ the West Hill., Proiect do not p,evicle adeclu~te
time {or l~Se pm]~ l~e the W~t ~ Proi~ to M pla nn~ ~a a~l~ ~a
W~S a D~lopment ~r~ment (DA) ~ inco~rate ~ o~ t~e pr~io~ ~a
con'flora ~ appr~ mntain~ in Resolution No. ~3~ ~d m~e ii ~ ~ ~e D~ and
W~ ~e W~t Uill~ DA m~ ~ ot ~e apphc~le ~ite~a set ~or~ in 5MC
~l.~.~ch ~d
W~~ ~e West Hills DA inco~rates ~ oi ~e ~n~tio~ o~ appian, fin~d~ ~
pr~9 impro~ment ~ra~emen~ an~ ~e n~9 mit~afio~ ior ~e proj~t's
d~elopment in~u~ ~e Sta~e ~romen~ Poli~ Act (S~A) initiations ~a in
Resolution No. ~ and
W~S ~e W~t Hills D~opment ~z~m~t w~ r~ew~ in li~t ~ th~
r~remen~ o~ S~A, ~a a ~ter~na~on ot Non-SiSn~i~ce (DNS) w~ a~9 i~u~
~d
W~ ~e Breme~on Pla~ Comm~ion ~eld a p~hc m~ on April l& ~.
and ~ter ~mi~eri~ ~e s~ re~rt ~a ~e p~lic ~mmen~ r~iv~ r~ommen~
appr~M ~ ~e pro~ W~t Hills D~opment ~menfi ~
WHP.~ the Cit9 ~ h~ r~ ~e ,~r~ ot ~e Pla~ Co~mion ~d ~:
~d~tio~ p~hc ~mmen~, ~e Ci~ Co~ iin~ ~e ~lo~n~
P~e ~
t The We~f Hill., DA meet~ the intent ~ucl incorporate~ ~e provLsioms
~. ~e Wmf Hdh DA ~i~ ~& ~ Ci~ pl~ reS~a~om, st~
3. ~e W~f Nils DA pr~ t~ r~emen~
pr~ (~ on ~d ~i~) ~d ~o pr~ to implement ad&fion~
r~emen~ ~ ~e n~ ~ now f~erelore
~ CI~ O~ B~.RION DO~ O~N:
~ion 1. The We~t Hill, DA be approved and ~e ~or
~~ on ~ ~ ~e Ci~.
~o~ ~. R~&~on N~ ~ ~ ~at~ h~
~n~fio~ ~ere~ ~ ~~ ~ ~an~ ~ ~e ~ ~d ~n~tio~
~on ~. ~e e~ive ~e ~ ~hi~ ~~ ~ ~ ~en (10) ~ ~om ~e ~te o[
~e and p~hcafiom
~PRO~ b, ~e Ci~ ~al ol ~he Cit~ ol ~eme~on
P~sed ~9 t~e Cji9 ~ ~ ~remerion f~
CAROL A~S
Ci~ Co~ President
AT1T. ST:
LYNN HORTON :':
Magor
KATI-ILEEN McCLUSKEY
Cit9 Clerk
Ii::
WHEN RECORDED, RETURN TO:
Marco de Sa e Silva
Davis Wright Tremaine LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101
WEST HILLS DEVELOPMENT AGREEMENT
Grantor:. Olympic Property Group LLC
Grantee: City of Bremerton
Abbreviated Legal Description:
Portion of Sections 21, 28, and 29, Township 24 North, Range 1 East, W.M..
Kitsap County, Washington.
Complete legal description is at Exhibit A (pages I0-13) hereto.
Assessor's Property Tax Parcel Account Numbers:
282401-1-085-2001 282401-1-086-2000 212401-3-006-2000
212401-3-007-2009 292401-1-018-2002
Reference to Related Document:
No documents are assigned or released herein.
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THIS WEST HILLS DEVELOPMENT AGREEMENT (this "Agreement") is entered
into by OLYMPIC PROPERTY GROUP LLC, a Washington limited liability company ("OPG")
and a wholly-owned subsidiary of POPE RESOURCES, a Delaware limited partnership ("Pope"),
and the CITY OF BREMERTON, a Washington municipal corporation (the "City."), to establish
development phasing and development standards for certain real property owned by. OPG
commonly known as "West Hills," as provided herein.
RECITALS
WHEREAS, OPG owns certain real property legally described on Exhibit A attached
hereto (the "Property") comprising approximately 270 acres and located within the City of
Bremerton, Kitsap County, Washington; and
WHEREAS, in May 1997, the City completed one phase of environmental review of
development of the Property under the State Environmental Policy Act, RCW 43.21C, and
granted to Pope certain subdivision and land use approvals for the development of the Property,
including a mitigated determination of nonsignificance, zoning map amendment, preliminary
planned unit development approval, and preliminary plat approval, for an industrial and residential
mixed use development (the "project"); and
WHEREAS, al[er May 1997, Pope prepared final engineering plans for the construction
of roads, water lines, sanitary sewer lines, and storm water drainage facilities within the ProjecL
completed rough grading for portions of the Project, acquired easements for a sanitary, sewer
main, constructed some required utility and roadway infiastructure for the Project (including over
a half mile of sanitary sewer main), and otherwise invested significant amounts of human energy,
time, and money in the Project; and
WHEREAS, in May 1999, on Pope's request, the City. emended for one-year its
pre~ approvals for the Project; and
WHEREAS, in November 1999, Pope conveyed the Property. and other development
lands to OPG, its wholly-owned subsidiary, as part of a company-wide restructuring; and
WHEREAS, the City. desires to encourage the time.ly and order.ly development of the
Property, to allow that development to occur when market oppommities arise, and to establish a
means of flexibly responding to different real estate market needs; and
WHEREAS, the City and OPG desire to preserve the significant investments of the City
and Pope in Project design, environmental review, public hearings, decision-making, and
construction; and
R:~LEGAL\w~t hills\Development ggreen~nt.doc~6.6.00
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WHEREAS, the parties desire to enter into a Development Agreement regarding the
subdivision, development, and use of the Property, in order to facilitate the timely and orderly
completion of the Project; and
WHEREAS, the parties desire to establish the development standards for the Property for
a determined period of time through this Development Agreement,, to ensure that for a reasonable
period of time the Property may be developed in a manner that is consistent with a single set of
standards; and
WHEREAS, the industrial portion of the Project already is vested under RCW 58.17.140
until May 2002; and
WHEREAS, the parties desire to rely upon the legal authority for the malting of a
development agreement established under the Brtanerton Municipal Code and Laws of
Washington, including BMC 21.02.900 and RCW 36.70B. 170, as amended; and
WHEREAS, the City Council voted on June 14, 2000, to approve Ordinanc. e No. ,
under which the City Council and a property owner, through a development agreement, may
extend_ otherwise applicable time limits for project approvals and permits, as authorized under
RCW 58.17.140; and
WHEREAS, the City Council voted on June 21, 2000, to approve Ordinance No. ,
approving the City's execution and detive~y of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the adequacy of which is
hereby acknowledged, the parties agree as follows:
1. Establishment of Development Standards. The following subdivision and land
use approvals, land use controls, and development regulations, together with impact fee and other
City regulations, in the form in effect as of the West Hills project vesting date, March 3, 1997,
unless a later date is indicated below or is consented to by OPG, shall constitute the Development
Standards (collectively, "Development Standards") govermng the subdivision,, development, and
use of the Property:
a. City, of Bremerton Ordinance No. 4595, approving a zoning map amendment
relating to a portion of the Property, approved June 26, 1997 (the "Rezone Ordinance");
b. City of Bremerton Resolution No. 2599, approx~ing the West Hills prelhninary
planned unit development and preLiminary plat, approved May, 1997 (the "Resolution");
c. City of Bremerton Mitigated Determination of Nonsignificance regarding the
Property, dated ~.~;~t',~ [~ ,1997 (the "MDNS");
d. City of Bremerton Ordinance No. , approving amendments to BMC 21.02.900,
RzXLEGAL\west hills\Develcroment Agreen~en[ do66.6.00
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regarding development agreemems, and BMC 21.02.520, regarding time limits for
planned unit developmem plans, approved June 14, 2000
f. City of Bremerton Comprehensive Plan;
f. City of Bremerton Critical Lands Ordinance, BMC Chapter 21.22;
g. City of Bremerton SEPA Ordinance, BMC Chapter 21.12;
h. City of Bremerton Zoning Code, BMC Chapter 21.02;
Storm Water Management Standards, BMC Clx 15.04, in the form in effect as of
the West Hil[q vesting date, March 3, 1997, un,ss (i) the Washin~on State Department of
Ecology ("DOE") or any other federal or state government agency is given statutory authority to
determine the storm water management standards eaforced by the City and to supersede OPG's
vested rights under this Agreeanent, and (fl) DOE requires that the City enforco more rigorous
storm water management standards than those in the form in effect as of the We~t Hilh vesting
date, March 3, 1997, in which case the more rigorous standards shall comrol;
j. Road and Util/ty Standards
(1) Industrial Portion of Property
City of Bremerton road and utility design and construction regulations,
including without limitation those found at BMC Chapters 15.02 (water)
and 15.03 (wastewater), in the form in effect as of the West Hills vesting
date, March 3, 1997, as to that portion of the Property zoned IP (Industrial
Park) on the date of this Agreement;
(2) Nonindustrial Portion of Property
City of Bremerton road and utility design and construction regulations.
including without limitation those found at BMC Chapters 15.02 (water)
and 15.03 (wastewater), in the form in effect as of the date on which OPG
/'des with the City a complete preliminmy plat/planned unit development
application as to that portion of the Property not zoned IP on the date of
this Agreement.
R;'~LEGAL\west hills~)evelopment Agreement doc\6.6.00 Iii
k. Other provisions of the City of Bremerton Municipal Code (except to the extent
inconsistent with the Rezone Ordinance, the Resolution. and the MDNS, which shall govern in the
event of any inconsistency) in the form in effect as of the West Hills project vesting date, March
3, 1997.
2. Required Elements.
a. All major project cornponents, including the specific uses to be allowed, residential
densities, commercial, or industrial site and floor areas, and off-street parking, are governed by
the Development Standards, except that residential densities may increase subject to the approval
of the City upon the completion of add~ional environmental review re~fing to the residential
portion of the Project and subject to the City's approval of a rezone if proposed densities exceed
the densities allowed under the Development Standards.
b. Landscaping, buffers, parks, recreation areas, open space, and sinfflar features are
governed by the Development Standards.
c. OPG is encouraged to provide affordable housing within the residential portions of
the Property.
d. All required mitigation rneasures, development conditions, and other requirements
of project approval are governed by the incorporated Resolution, which shall continue to apply to
the Project notwithstanding this Agreement, except that upon the completion of additional
environmental and project review relating to the residential portion of the Project, additional
mitigation measures, development conditions, and other requirements may be imposed to mitigate
the environmental impacts of development of the residential portion and to otherwise cause
development of the residential portion to conform to applicable legal requirements.
e. All required financial agreements, including any required impact fees, m-lieu fees,
inspection fees, dedications, financial contributions, and reimbursement provisions are governed
by the conditions of the incorporated Resolution.
f. Design and development standards to be applied to the project, including
maximum heights, setbacks, landscaping, drainage, utilities, parking, signage, critical area buffers,
and any others, are governed by the Development Standards. Changes to these standards may be
requested by OPG, subject to City approval in final plarming relating to the planned unit
development portion of the Project. No changes in these standards, including without limitation
changes that would reduce the developable area of the Property or increase the cost of the
Project, shall be applied to the Project without the consent of OPG.
g. Review procedures, phasing program, and criteria for project decisions shall be
governed by the Development Standards. OPG may finalize and complete the Project in one or
more phases. OPG may designate any portion of the Project as a proposed phase prior to
R~LEGAL\west hills~d)evelogrnent Ag~eemenkdoc\6.6.00
submitting an application for final plan or plat approval,, and the City and OPG then shall discuss
and use best efforts to agree upon the requirements of Project approval applicable to that phase,
each of which must be satisfied prior to the City's final approval of the phase.
3. Development Period. The Development Standards designated in Section 1 above
shall remain unchanged and apply in full force and effect for development of the Property for
fifteen (15) years following the effective date of this Agreement ("Development Period"). During
the Development Period, OPG shall have the right to obtain approvals and permits, including final
plat and final planned unk development approvals, and develop the Property in accordance with
the specified Development Standards. This extended Development Period is specifically intended
in part to extend for the duration oft. he Development Period the time periods otherwise applicable
to the prelflninary plan, preliminary plat, and other approvals of the Project, inch,ding (a) the
duration of preliminary plan approval, preliminary plat approval, ~nd other approvals and permits,
Co) deadlines for filing final plang~ final plats, and other applications and design.~ and (c) deadlines
for commencing and completing the development of an approved final plan, final plat, or other
project. Notwi~g the foregoing, the City reserves the right during the Devebpmem
Period to modify the Development Standards to the extent required by a serious threat to public
health and safety. The Development Standards shall continue to apply to the Property after
expiration of the Development Period, except that aRer the expiration of the Development Period
either party may terminate this Agreement by one hundred eighty days prior written notice of
termination to the other party. For purposes of thin section, OPG shall be a party to this
Agreement as long as OPG owns any portion of the Property, or if not, any parent, subsidiary, or
other alTfliate or OPG owning any portion of the Property., or if none or more than one, the
designee of OPG, or if none, any property owners association representing the owners of the
Property, or if none, the owner or owners ora majority of the area comprising the Property.
4. Werner Road Improvements. Under Section 13.b of the Resolution, OPG is
obligated to contribute its fair share of the cost of certain improvements to Wemer Road (the
"Wemer Road Improvements"). OPG shall pay interest to the City on OPG's unpaid share ofthe
cost of the Wemer Road Improvements at the Bank of America's prime rate beginning on the
date on which the City awards the construction contract for the Werner Road Improvements until
paid in full. The City agrees to cause the owners of other properties specially benefited by the
Wemer Road Improvements also to contribute their fair share of the cost of the Werner Road
Improvements, to the extent that the City has legal authority to do so.
5. Successors in Interest. This Agreement shall be recorded in the real properl3.,
records of Kitsap County, Washington. The agreements and covenants herein shall attach to and ~::~
nm with the Property and be binding upon and inure to the benefit to the parties and their heirs,
successors, and assigns. The parties acknowledge that development of the Property will include ~::
the subdivision and sale of portions of the Property ("Individual Parcels") to other persons who ii:
will own, develop, and occupy the Individual Parcels. The City has authority under its code
provisions to require bonds or other security, for performance of construction obligations through
plat or other permit approvals relating to the Individual ParceLs. OPG shall have the right to
assign or transfer all or any portion of its interests, rights, or obligations under this Agreement or
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~::::
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Ii Develop...ment Agreement.doc Paae 7i
m the Property to other parties acquiring an interest or estate in all or any portion of the Property,
including tran.ffer of all interests through foreclosure (judicial or non-judicial) or by deed in lieu of
foreclosure. Consent by the City shall not be required for any tran.qfer of rights pursuant to this
Agreement. Upon such transfer, the transferee shall be emitled to all interests and rights and be
subject to all obligations of OPG under this Agreement, and OPG shall be released from liability
as to the portion of the Property transferred.
6. Amendment. This Agreement may be amended by the written agreement of OPG
and approval of the legislative authority of the City by ordinance. For purposes of this section,
OPG shall he a party to this Agreement as long as OPG owns any portion of the Property, or if
not, any parent, subsidiary, or other affiliate or OPG owning any portion of the Property, or if
none or more than one, the designee of OPG, or if none, any property owners association
representing the owners of the Property, or if none, the owner or owners of a majority of the area
comprising the Property.
7. No Preeedent. The conditions contained in this Agreement are based upon the
unique circumstances applicable to the Property, and this Agreemeat is not intended to establish a
precedent for development agreements relating to other properties in the City.
8. Enforcement. Either party may institute and prosecute a proceeding for specific
performance of this Agreement or for any other remedy provided by law.
9. Governing Law. This Agreement shall be governed by the laws of the State of
Washington.
10. Effective Date and Term. This Agreement shall take effect on the date on which
the City's approval of this Agreement takes effect, which is the date of this Agreement noted
below. The term of this Agreement shall continue for a period of f'ffieen (15) years following its
effective date but may extend beyond such period as provided hereinabove.
DATED this __ day of ,2000.
OPG: OLYMPIC PROPERTY GROUP LLC, a
Washington limited liability, company
Its
Date:
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CITY: CITY OF BREMERTON, a political
subdivision of the State of Washington
Lynn S. Horton, Mayor
DEPARTMENTAL APPROVAL:
Community Development
W~i~m M. Palmer, Director
Public Works and Utilities
APPROVED AS TO FORM:
Glenna Malanca, City Attorney
ATTEST: ~-:
Kathleen McCluskey, City Clerk
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
On this __ day of , 2000, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared , to me known to be
the of OLYMPIC PROPERTY GROUP
LLC, the limited liability company that executed the foregoing instrument, and acknowledged said
instntment to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
Print Name
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
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On thi~ __ day of , 2000, before me, the
undersigned, a Notary Public in and for the State of Washin~on, duly commi.usioned and sworn,
personally appeared Lynn S. Horton, to me known to be the Mayor of the City of Bremerton,
Washington, the city that executed the foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said city, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My conuafission expires
Print Name
Rz'~LEGAL,west hills~velopmenl Agreement.do,x6.6.00 I::
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Development Agreement.doc Pa~e 11 ~i
EXHIBIT A
Description of Property
PARCEL "A"
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3~ STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNINCr, THENCE CONTINUING SOUTH 12° 00'
54'WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE; SOUTH 82° 49'
36" WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL ~::
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "B'
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER ~::
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, ~:
TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., LYING WEST OF THE WEST ~.
MARGIN OF 3~ STREET, IN KITSAP COUNTY, WASHINGTON. ~i
EXCEPT ANY PORTION THEREOF LYING WEST OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 5T' EAST 400.00 FEET;
Rz~LEGAL\w~t hills\Development Agxeernent.do66.6.00
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THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
42' EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE
SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE SOUTH 25° 16' 38" EAST 451.32 FEET
TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 28, ALSO BEING THE TERMINUS OF THIS DESCRIBED
ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF TI-IE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTI-IV~ST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3P'v STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 12° 00'
54'WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE SOUTH 82° 49' 36"
WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46' WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "C"
THAT PORTION OF SOUTH THREE-QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 21 AND THAT PORTION OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
Rz~LEGAL\west hfllskDevel epment Agreement doc~6.6.00
12
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE
NORTH 61° 44' 15" WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00
FEET; THENCE NORTH 06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31"
WEST 213.21 FEET; THENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH
89° 58' 59" WEST 71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET;
THENCE NORTH 16° 37' 44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST
260.29 FEET; THENCE NORTH 11° 30' 55" WEST 557.55 FEET; MORE OR LESS TO THE
NORTH LINE OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88° 47' 38" EAST
ALONG SAID NORTH LINE 754.21 FEET TO THE NORTHEAST CORNER OR SAID
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 01° 58' 19' WEST ALONG ~ EAST LINE OF SAID
SOUTHWEST QUARTER 992.96 FEET TO THE POINT OF BEGINNING.
PARCEL "D'
THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTH THREE-
QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, AND THE NORTH HALF OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF ~ NORTHEAST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE 1 EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON.
EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINES:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF ,~
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; TO A POINT ':'
HEREINAFTER REFERRED TO AS POINT "A", ALSO BEING THE POINT OF
BEGINNING FOR THIS LINE; THENCE SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE
SOUTH 25° 16' 38" EAST 451.32 FEET, MORE OR LESS TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO
BEING THE TERMINUS OF THIS PORTION OF AFOREMENTIONED LINE.
R:kLEGAL\west hill $~De velc~gnnenl Ag~m~nt. doc\6.6,00
13
ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINES:
BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 61° 44' 15'
WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET; THENCE NORTH
06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31' WEST 213.21 FEET;
THENCE NORTH 06° 53' OT' WEST 128.57 FEET; THENCE SOUTH 89° 58' 59" WEST
71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE NORTH 16° 37'
44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET; THENCE
NORTH 11° 30' 55" WEST 557.55 FEET, MORE OR LESS TO THE NORTH LINE OF THE
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 21, ALSO BEING THE TERMINUS OF THIS LINE.
PARCEL "E"
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN K1TSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH ONE-EIGHT OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29.
R~\LEGAL~,WcSt hiUs'~Dcvclopmc~ A~'eement.doc\6.6.00
14
Draft lVfinutes for Approval
Planning Commission Meeting
April 18, 2000
I. Roll Call
Those present were: Chairman Griggs, Commissioner Boyd, Commissioner Kosusko and
Commissioner Moshay. Commissioner Dingfield was absent. Quorum certified.
II. Call to Order
The meeting was called to order by Chairman Griggs at 5:40 p.m.
III. Approval of Agenda
The agenda was approved as presented. Item #5 has been withdrawn (per applicant).
IV. Public Meeting
Call to the Pubic (public commems on any item not on tonight's agenda):
Mr. Paul Scheyer, 2111 Madrona Pt Dr., stated that the Zoning Code was adopted in 1997 and
it had a glitch in it. All of the allowed intrusions into the sideyard were eliminated, therefore, the
City Attorney ruled that a glitch becomes a law. He feels that this needs to be fixed and that staff
has been allowing intrusions and ali those buildings are illegal. He feels that this should be
legislated and asked that the present City Attorney clarify this.
Commissioner Kosusko asked if Mr. Rife (City Attorney) or Mr. Palmer (Director of
Community Development) had any comments regarding Mr. Scheyer's statement.
Mr, Palmer, stated that he had made note of the comments and would be addressing them during
the "Director's Report" portion of the meeting.
Mr. Mike Miller, 1436 Madrona Pt Dr., asked that the words "incidental" and "subordinate" be
defined more specifically in the Zoning Code. These words do come up in the Code quite often
and do have a huge impact on developments.
B. Hearing
1. Reconvening of Building Permit Review (99-0151) for a new garage at 1409
Madrona Point Dr. Applicant: Don Holtz. Previously appealed (PL99-0068).
Appellant: R. Wes Henry. This item was continued from the March Planning
Commission meeting.
Mr. William Palmer, Director of Commn~ Development, stated that all public testimony was
taken at the March meeting. The Planning Commission closed testimony to make a decision at
tonight's meeting. One of the reasons that they did not complete the decision making process at
the last meeting was because there was aa issue raised by the applicant's attorney having to do
with legal standing of the appellant. The Commission deferred their action until this meeting so
that the City Attorney could have the oppommit~ to research the particular legal issues. Further
public testimony has been closed.
Mr, Kaute Rife, Assistant City Attorney, said that there were two motions to di.~ based on
procedure. After reseamh, he reached the following conclusions that he recommended the
Planning Commi.~.sions adopt: :
The motion for dismissal challenging Mr. Henry's standing: This appeal is before the Commission
on remand after an initial hearing last C-all and a_Rer review by the Council. The standing issue
was not raised at the first Commission, nor before the Council He cecommended that the
Commission concludes that the motion is Lmtimely and that they deny it. It is too late and it
should have been brought up last fall.
The motion for dismissal arguing that the earlier tie vote from last fall constituted a failure of
proof by Mr. Henry and thus resulted in affirming the boding permit, and that the Commission
rules may not provide otherwise. The attorney recommends that the Commission state that they
are aware of no authority requiting invalidation of its roles. In fact, on at least one occasion the
Stale Supreme Court has ordered rehearing of a case a_Rer reaching a fie in spite of a
constitutional provision requiting that it have a majority in order to reverse a trial court.
Therefore, he urged that they conclude that the rule is valid and that the motion be denied as well.
They can then proceed on to the merits of the appeal. Mr. Rife stated that the Commission needs
to decide whether they accept or deny the motion made by Mr. Holtz's attorney.
A vote was taken on the issue of a Motion to Dismiss based on whether the appellant,
Wes Henry, has standing to appeal a Type I Administrative Decision - Boyd, deny;
Kosusko, deny; Moshay, deny; Griggs, deny. Vote by Commissioners - denied 4/0.
A vote was taken on the issue of a Motion to Dismiss based on the earlier tie vote should be
a resolution of the case, affirming the building permit: Boyd, deny; Kosusko, deny,
Moshay, affirm, Griggs, deny. Vote by Commissioners - denied 3/1.
Commissioner Boyd made a motion to deny the appeal (PL 99-0068) of the building permit
(99-0151). Commissioner Moshay seconded the motion.
Commissioner Kosusko stated that the matter of concern was not the size of the building, but
the size of the building as it pertains to the lot that it sits on. The zoning code very clea~ states
that you can have two lots and have the primary residence on one lot and an accesso~ building on
the other, which is the case with this application. There ha~ been a stipulation placed on the deed
of the house stating that if the properties are sold separately there must be a provision for parking
on the house property. The garage property must also gain a primary residence. He has great
di~culty with this, as this garage would cover 40% of the lot (which is allowable in this zone). If
these two lots are divided, someone will have to turn this garage into a residence. He is
concerned that the City have a way to enforce this. He is convinced that the City can do this with
the way deeds are set up. He is in favor of denting the appeal.
Commissioner lloyd agreed that she doesn't like the project and if she lived in this
neighborhood, she would be equally unhappy, however, she doesn't feel that she has any legal
basis to deny the applicant his permit. There has not been any evidence presemed to deny this
permit.
Commissioner Ko~uako wanted to address the issue of"subordinate." You c~m have a
dimimztive kin~ who is very sho~ who has his warriors about him that are very big. Those :
warriors are subo~e to that king. He does not feel that size has anything to do with
subordinate.
Chairman Griggs asked for a vote from the Commissioners: Chairman Boyd, yes; Kosusko,
yes; Moshay, yes; Griggs, abstain. Motion passes.
Mr. Rife asked Chairman Griggs if he would like staffto draft formal findings on this motion for
signature.
Chairman Grigga responded yes.
2. Development Agreement (PL99-0096) for Olympic Property Group to incorporate a
planned unit development application (approved by the City in 1997) for 270 acres located
in the West Hills area, south and west of Pendergast Park, near Pendergast Park Road and
3rd Street West. This item was continued from the March Planning Commission meeting.
William Palmer stated that this is a project that was approved several years ago, known as the
West Hills project in West Bremerton. He asked that Mr. John Rose fi.om Olympic Property
Group provide background on this project.
Mr. John Rose, Vice President of Property Development for Olympic Property Group, a
subsidiary of Pope Resources. Mr. Rose said that the West Hills PUD has been owned by them
since 1990. They acquired this property in a land trade with the City of Bremerton. The City had
this property and Pope Resources had properW that was in the City's watershed. The clean water
act had come to pass that said that cities either needed to gain control of 100% of their watershed
or cover all their reservoirs. Covering reservoirs and doing expensive treatment at the Casad
Dam wasn't something that was feasible. They made commitments to the City. One of them was
that whenever they did any land development, they would look at the whole piece. There was a
lot of concern that someone would come in and do a comer here and a comer there. The city was
interested in getting a quality project.
This is located near Pendergast Park. Since the 1990's there has been a lot of activity on the
planning side. There has been a timber harvest on a great deal of the property, but left the stream
and wetland corridors intact. The use was changed to Industrial Park through the Comp Plan.
They also made an agreement that the zoning was divided by percentages. This allowed creativity
and flexibility. In 1997 they besmn meeting with the neighbors ahead of any type of permit
application. All environmental studies had been done (geology, wetlands, drainage reviews,
public services) before meeting w/neighbors. There were at least two meetings with neighbors
prior to their submitting applications.
In March 1997 they applied for the PUD. There is a residemi:~i portion and an industrial park
portion. The industrial park is closest to being developed, and is closer to the. roads that are
already exist. It consists of 60 acres, 38 of which are on lots, 12 acres are in open space, and the
remaining portion isin roads. They warned to make up as many small lots as possible. This gives
them the oppommity to be more flexible. There are a lot of power lines on the property. They
oriented the lots in that area so that they call put buildings either in the front or the back of the lot
to stay out of the power lines. There is a large area that remains forested and allows a buffer
transition between the residential and the industrial park. The residential area (210 acres) would
be 450 units. He stated that the PUD had passed unanimously through the Planning Commission
and City Council. He believed that there were no neighborhood groUPs against this proposal.
A 12" watermain has been extended up to this property from Wastewater Treatment Plant. A
sewer line has also been added. Some of this property has been graded. This allowed possible
users to visualize the property and what it's potential might be.
Commissioner lloyd asked if Union Avenue was the main access for this property?
Mr. Rose said yes, this was the main entrance for this project. Traffic studies were done, and the
width of the road did not warrant adding lanes or widening the roads. One of the conditions of
approval was to get a turn lane at the Pendergast Park access road.
When the PUD provisions in the zoning code were set up, initially it had been a two year life to
the PUD. This has now been 10 years in the making and they have yet to get their first user. This
is a long-term business proposition. They received a one year extension for the PUD in 1999.
They do not feel that this is the most orderly way to invest in this property. The Development
Agreement gives this PUD a longer life. The City's ordinances are not set up for this. He
referred to the next item on the agenda (to amend the BMC) that, if approved, would assist this
project.
Mr. Palmer, stated that in order for the Olympic Property Group to continue in their marketing
efforts and their property development program, there has to be a mechanism to accomplish this.
The Development Agreement will help initiate this PUD through the process. This project has an
extended build-out time. They are looking for a 15 year time period for this project. There are
also Wemer Road improvements, including tra~c lights and road widening. This agreement is
worded so that as portions of this project are developed, they would make a pro-rated share to
the Cit~ based on the amount of area that is under consideration. The applicant will pay those
costs with interest, which is tied to an investment fund for the City. Another provis/on is that
Olympic Property group be treated fairly and that if any other developer came into that area, they
would also have to make the same kinds of contributions to the road improvements in the area.
Commissioner Knsusko said that the development standards included in the packet are the 1997
standards and that they were planning standards. He asked if the buildings would be built to
current building code standards?
Mr. Palmer responded that there was no tie into the building code that was in effect in 1997. He
was tm.~cre if the City had adopted the 1997 Uniform Building Code (UBC) at that point in time,
but they have since. Building codes are not usually made a condition of a land use condifio~
A motion, was made by Commissioner Mo~hay that the Development Agreement for
Olympie:Prolm~ Group to incorporate a PUD application, be approved. Commisaioner
Koamko seeonde~
Chairman Grig~ asked for a vote from the Commissioners: Commissioner Boyd, yes;
Commissioner Kosusko, yes; Commissioner Moshay, yes; Chairman Griggs, abstain.
Motion passes.
3. Amendment of Bremertou Municipal Code Section 21.02.900 and addition of new
Section 21.02.520 to modify time limits for develoment approvals based on an adopted
development agreement. This item was continued from the March Planning Commission
meeting,
Mr. Palmer, stated that this proposed ordinance would accomplish two amendments to the
zoning code. One would affect Section 21.02.900(C)(8), the vesting period in which the
agreement would be in effect. This would allow the City to do the type of Development
Agreements that are being discussed at this meeting and to extend time periods with the adoption
of a Development Agreement. The second modification effects 21.02.520, by modifying time
limits by Development Agreements at the discretion of the City Council.
A motion was made by Commissioner Boyd to amend the Bremerton Municipal Code to
authorize the extension of time periods in Development Agreements for project approvals
and permits. Commissioner Kosusko seconded.
Chairman Griggs asked for a vote from the Commissioners: Commissioner Boyd, yes;
eommissioner Kosusko, yes; Commissioner Moshay, yes; Chairman Griggs, abstain.
Motion passes.
I~lannin0 C~tu~iee/or~ rrr~ 4--I,5-C~ F'a~ 5 of 9
4. Entry of Formal Findings and Conclusions for Shoreline Conditional Use Permit (PL99-
0090) for reduction in view corridor requirements for a proposed single-family residence
located at 922 Shore Drive. Applicant: Gary and Heather Coutts.
Mr. Palmer, said that the public h~zring has already been held for this applic.~tion. The only
thing that was not done was that the F'mdings and Conclusions had not been entered into the
rec~ord to support the de~ision.
Mr. Rife, asked for two corrections to be made to the Findings of Fact that he had submitted. On
page three, change the name of the Plsnning Commission Chair to Serry Griggs. Also on page
three, paragraph 4, second line - remove the word "take" from the sentence.
A motion was made by Commissioner lloyd to accept the application and grant a
Conditional Use Permit with the conditions listed on page three of the lrmdings of Fact.
Commissioner Mo~hay secondetk
Chairman Griggs asked fora vote from the Commi,sioners: Commissioner Boyd, ye~;
COmmissionerKosnsko, yes; Commissioner Moshay, yes; Chairman. Griggs, yes. Motion
passes.
S. Conditional Use Permit (PL99=(N}91) and Shoreline Substantial Development Permit
application for property located at 2501 West Marine Drive. Applicant: Scott McBride
This item will not be presented at this time. The applicant will need to make modifications. This
item was withdrawn fi.om the agenda.
C. Meeting: None.
D. Study Session: None.
V. Business Meeting
A. Approval ofMinutes: A motion was made by Commissioner Boyfl that the minutes
of the March 21, 2000 Planning Commission be approved as presented. Commissioner
Kosusko seconded. Motion passed.
B. Director's Report:
Mr. Palmer stated that most &the Commissioners were aware that the Department of
Community Development has been short-staff'ed for quite some time. They are taking steps to
correct this. A part-time building inspector from Clallam County named Larry Craze has been
hired. He is making a difference in the overall workload. They had been using a Planner to do
some of the inspections. They have also been using Janet Lunceford from the Fire Dept. to help
with inspections. Mr. Palmer said that he would also like to increase the building inspector
P~annin9 Comn'lier-~ion rt~ 4-'I~..'O0 ?,~ e Ore C~ q
position to full time. He has hired a Senior Planner, Clyde Stricklin, who has been working in
Clark County. Mr. Stricklin had previously worked in Kitsap County in the long-range planning
division. There are several projects for him already, population analysis is one of them. Mr.
Palmer said that they will be reviewing the Comp Plan to find all areas affected by the sub-area
plan. Additionally, Mr. Palmer would like to see the zoning ordinance rewritten to make it the
type of ordinance that is better suited for the City. There are glitches in the code and the people
that deal with this on a daily basis recosmize this. He said that there are many things that could be
better defined.
The process he intends to use to initiate development of the zoning code, ordinances, or any other
substantial plan amendment is working through committees that involve representatives of the
City Council, the Planning Commission, the development community, citizens at large, the legal
stafl~ and the planning sta~ etc. to put together the proposal. They would then hold a series of
public hearings/meetings to discuss the provisions. He said of~.en times Pluming Commi.,~sions
have been le~ out until they are considering the final language and they don't get in on the
development part of it.
The Mayor and Mr. Palmer will be attending a meeting with the Homebuilders and Realtors at a -.
forum that will tell them what type of problems they have been experiencing with the City
(permitting process.) Mr. Palmer will be explaining the permitting process to those in attendance.
Their goal is to see how they can make things be~er. One of the items that he will be taking to
the meeting is a process diagram that shows what happens when an application comes in the door,
the steps that DCD goes through, and the time frames that they operate under to process an
application. He will make this chart available to the Commission on Thursday, April 204. He will
also share what recommendations the homebuilders meeting brought up with the Commissioners.
He wants to be straightforward and candid about what they do with ail groups and make
improvements wherever possible.
C. Old Business:
Mr. Jeff Schumacher, 1440 Madrona Pt Drive, commented that this meeting room had been
filled with residents who were present to express their concern about an individual who wants to
build a structure (Holtz project). He fek that as public servants, the Commissioners should be
serving the greater concern of the public, versus one individual. He said that the residents of that
neighborhood had come to voice their opinions and let it be knewn that they are unhappy about
the proposed structure because they do not feel it is a structure for residential purposes. He feels
that the legality of it is a point to be taken, however, he feels the Commission has an obligation to
consider how the structure is going to affect the quality of life of the rest of the residents of
Madrona Point Drive.
Commissioner Boyd responded that if they had voted the way they would have liked to vote,
then the matter would go through the courts. This takes a lot of time and the results would be the
same because the courts rule according to the law, which the Commissioners have done. She
agreed that Mr. Holtz's plans are nothing that she would like, but he is operating within his rights
and within the ordinances of the City. She stated that he has been meticulous about obeying every
single rule. She asked Mr. Schumacher if he had attended the previous month's meeting where
?lannin~j Commiee~on rr~j 4-18,--00 ?a~je 7 of
they heard a great deal of comments from the residents. She stated that the Commissioners are
aware of how the neighbors feel about this project. She thanked him for reminding them of their
duty.
Mr. P~dmer, also added that the Planning Commission is here to hoM public meetings and take
testimony, which they did. When they have taken the testimony from the people who show up
for the public hearing, then there comes a point when they close testimony and make a decision.
They did that at the March meeting. They continued the actual decis/on until this meeting. They
only continued the decision, not the public heating to take additional testimony. He felt that th/s
was one of the reasons that the applicant was not present for this meeting. Additional opponents
of the project probably were not present because they either had previously testified or believed
that the testimony was dosed as of the last public hearing, ffthere was reason to believe that the
deci~on was still open for discuss/on, in the sense of allowing additional tesfimom], this
Commission would have said so at the last public hearing. The public would have been advised to
show up at this meeting. The City has an obligation to provide constructive notices as to how
th/ngs are going to work so that people can make the best decisions. Some people did not show
up tonight because they did not expect additional testimony to be taken.
Ch~,m~m Grig~ stated that all of the Comn'dssioners appreciate how he feels on this subject,
but they are trying to abide by the law. He read a quote from the minutes from the March
meeting... "Commissioner Griggs doesn't understartd why a neighbor who has lived in the
neighborhood for 50 years would go against the rest of his neighbors...."
Commissioner Kosusko asked if there was room within the ordinance for a neighborhood to set
up their own design rev/ew commJss/on that may be able to have influence on projects like this?
Mr. Rife stated that the ultimate authority board still has to sit with the City Council. There is an
appeals system where some of the appeals come to the Planning Commission. The ultimate
authority for any re. zoning, subdivision approval, etc., rests with the City Council.
Commissioner Moshay said that it concerned her that if this goes to the City Council it would
appear that the Commissioners approve with the project.
Mr. Rife said that this project will not go to the City Council. The Commissioners are hearing
this on the appeal. The only place from here is to Superior Court.
D. New Business: None
F'lannin~j Commi.eeion rrrr4 4-1l~00 F',:~je & of 9 C'~6
VI. Adjournment
The meeting was adjourned at 7:05
Respectfully submitted by:
Approved by:
~ Griggs, Chairman
NOTICE OF PUBLIC HEARING
Bremerton City Council
The Bremerton City Council will conduct a public hearing/meeting on the following items
during its regular meeting on Wednesday, May 24, 2000 which will begin at 5:30 p.m. in
the City Council Chambers of the Bremerton City Hall, 239 Fourth Street, Bremerton,
Washington.
Hearing:
1. Development Agreement (PL99-0096) for Olympic Property Group to incorporate a planned unit
development application (approved by the City in 1997) for 270 acres located in the West Hills
area, south and west of Pendergast Park, near Pendergast Park Road and 3~ Street West
Staff reports and copies of pertinent materials can be obtained from the Department of
Community Development, 286 4' Street. Reports will be available on May 15, 2000. Call
(360)478-5243or additional information. Contact Mr. William M. Palmer.
citycouncilnote, lgl
WHEN RECORDED, RETURN TO:
Marco de Sa e Silva
Davis Wright Tremaine LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101
WEST HILLS DEVELOPMENT AGREEMENT
Grantor: Olympic Property Group LLC
Grantee: City of Bremerton
Abbreviated Legal Description:
Portion of Sections 21, 28, and 29, Township 24 North, Range 1 East, W.M., Kitsap
County, Washingtor~
Complete legal description is at Exhibit A (pages 10-13) hereto.
Assessor's Property Tax Parcel Account Numbers:
282401-1-085-2001 282401-1-086-2000 212401-3-006-2000
212401-3-007-2009 292401-1-018-2002
Reference to Related Document:
No documents are assigned or released herein.
R:LLEGAL\west hills~FimlDevAgreement.floc~6.21.00
06f2 II00~1:24 PM
WEST HILLS DEVELOPMENT AGREEMENT
THIS WEST HILLS DEVELOPMENT AGREEMENT (this "Agreement") is entered into
by OLYMPIC PROPERTY GROUP LLC, a Washington limited liability eo~ ('~2)PG") and a
wholly-owned subsidiary of POPE RESOURCES, a Delaware limited tmrtmmhip ("Pope"), and the
CITY OF BREMERTON, a Washington municipal corporation (the "City"), to establish
develo~ phasing and development standards for cefla~ real property owned by OPG
RECITALS
WHEREAS, OPG owns certain real property legally descnqxxt on Exhibit A attached hereto
(the "Property") comprising approximately 270 acres and located within the City of Brermrton,
Kitsap County, Washington; and
WHEREAS, in May 1997, the City completed one phase of environmental review of
development of the Property under the State Envirommntal Policy Act, RCW 43.21C, and granted
to Pope certain subdivision and land use approvals for the development of the Property, inchding a
~ed deteaxrhmtion of nonsignificant, zoning map amendment, prelimimor planned unit
develolm~ approval, and prelkninary plat approval, for an industrial and residential mixed use
development (the "Project"); and
WHEREAS, aRer May 1997, Pope prepared final engineering plans for the construction of
roads, water lines, sanitary sewer lines, and storm water drainage facilities within the Project,
completed rough grading for portions of the Project, acquired easetmms for a sanitary sewer main,
constructed some required utility and roadway infrastmctt~ for the Project (including over a half
mile of sanitary sewer main), and othcrwi~ invested signifram amounts of human energy, time,
WHEREAS, in May 1999, on Pope's request, the City extended for one-year its prelhninary
approvals for the Project; and
WHEREAS, in November 1999, Pope conveyed the Property and other development lands
to OPG, its wholly-owned subskthty, as part of a company-wide restmc~; and
WHFREAS, the City desires to encourage the timely and orderly development of the
Property, to allow that development to occur when market oppo~ arise, and to establish a
means of flembly responding to differem real estate market needs; and
WHEREAS, the City and OPG desire to preserve the s'qgnificant investngnts of the City and
Pope in Project design, enviro~ review, public hearings, decision-making, and construction;
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WHEREAS, the parties desire to enter into a Develolamat Agreement regarding the
subdivision, development, and use of the Property, in order to facilitate the timely and orderly
completion of the Project; and
WHEREAS, the patties desire to establish tl~ development standards for the Property for a
de~ period of time through this Developraent Agleen,amt, to ensure that for a reasonable
period of time the Property may be developed in a manner that is comistent with a single set of
WHEREAS, the industrial portion of the Project already is vested under RCW 58.17.140
until May 2OO2; and
WHEREAS, the parties desire to rely upon the legal authority for the making of a
development agreement established und~ the Breanetton Municipal Code and Laws of Washington,
including BMC 21.02.900 and RCW 36.70B. 170, as amemled; and
WHEREAS, the City Council voted on June 14, 2000, to approve Ordinance No. 4713,
under which the City Council and a protxmy owner, through a developraent agreemem, may extend
othemfi~ applicable time lknits for project approvals and permits, as authorized under RCW
58.17.140; and
WHEREAS, the City Council voted on June 21, 2000, to approve Ordinance No.4714,
approving the City's execution and delivery of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby
acknowledged, tl~ parties agree as follows:
1. Establishment of D~velopmeat Standards. The following subdivision and land
use approvals, land use controls, and developme~ regulations, together with ' ~,npact fee and other
City regulations, in the form in effect as of the West Hills project vesting date, March 3, 1997,
unless a later date is indicated below or is consented to by OPG, stroll constitute the I)evelopme~
Standards (collectively, "Develo~ Standards") governing the subdivision, development, and
use of the Propert3c.
a. City of Bremerton Ordinance No. 4595, approving a zoning map ~
relating to a portion of the Property, passed by the City Coumql on May 21, 1997 (the "Rezone
OrdinanceD;
b. City of Bremerton Resolution No. 2599, approving the West Hills preliminary
planned unit development and preliminm3t plat, passed by the City Council on May 14, 1997 (the
"Resohffion");
c. City of Bremerton Mitigated Determination of Nonsignificanee regarding the
Property, dated April 15, 1997 (the "MDNff3;
2
d. City of Bremerton Ordinance No.4713, approving ~ to BMC 21.02.900,
regarding developmem agreemems, and BMC 21.02.520, regarding time limits for
planned unit development plans, passed by the City Council on June 14, 2000
e. City ofBremerton Co~ Plan;
£ City ofBremerton ~ Lands Ordinance, BMC Chapter 21.22;
g. City ofBrernerton SEPA Ordinance, BMC Clm~er 21.12;
h. City of Brernexton Zoning Code, BMC Chapter 21.02;
i. Storm Water Management Standards, BMC Ch. 15.04, in the form in effect as of the
West I-lill~ vesting date, March 3, 1997, tmless (0 the Washington State ~ of Ecology
("DOE") or any other federal or state gove~v, ent agency is given statutory authority to determine
the ~orm water mamgemem standards enforced by the City and to saqnvsede OPG's vested rights
umler this A_greeme~, and (ii) DOE requires that the City enforce more rigorous storm water
mamgcnx~ standards than those in the form in effect as of the West Uills vesting date, March 3,
1997, in which case the more rigorous standards shall control;
j. Road and Utility Standards
( 1 ) Industrial Portion of Propexty
City of Bremerton road and utility design and constn~ion regulafiom,
ineklding without limitation those found at BMC Chaptexs 15.02 (water) and
15.03 (wastewater), in the form in effect as of the West Hilla vesting date,
March 3, 1997, as to that portion of the Property zoned IP (Industt~ Park)
on the date ofthis Agreetmm;
(2) Nonindustrial Portion of Property
City of Bremerton road and utility design and co~n regulatio~
inclmt~ without linfitation those found at BMC Ctm~ers 15.02 (water) and
15.03 (wastewater), in the form in effect as of the date on which OPG ~
with the City a complete preliminary plat/planned unit development
application as to that portion of the Property not zoned IP on the date of this
Agreeam~.
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k. Other provisions ofthe City of Bremerton Municipal Code (except to the extent
inconsistent with the Rezone Ordinance, the Resolution, and the MDNS, which shall govern in
the event of any inconsistency, and except BMC Chapters 17.04 (building code), 17.56
(certificates of occupancy), and 18.02 (fire code) as those chapters are amended and superseded)
in the form in effect as ofthe West Hills project vesting date, March 3, 1997.
2. Required Elements.
a. All major project compo~s, including the specific uses to be allowed, residemial
densit~ co~ or industrial site and floor areas, and off-street parking, are governed by the
Develoimgnt Standards, except that residential densities may increase subject to the approval of the
City upon the completion of additional environmental review relating to the residential portion of
the Project and subject to the City's approval of a rezone if proposed densities exceed the densities
b. Landscaping, buffers, parks, recreation areas, open space, and similar features are
governed by the DeveloInnent Standards.
c. OPG is encouraged to provide affordable homing within the residential portions of
the Propeay.
All required mitigation measures, develo~ conditions, and other requirements
of project approval are governed by the incorporated Resolution, which shall continue to apply to
enviromnemal and project review relating to the residenthl portion of the Project, additional
~n measures, development conditions, and other requim~ms may be knposed to mitigate
the enviwnmental ~ of development of the residential portion and to o~ cause
devdo~ of the residential portion to conform to applieab~ legal requireme~.
e. All required financial ~ including any required i ~mpact fees, in-lieu fees,
inspection ~ dedications, finane~ contn~outions, and rdmbursement provisiom are govemed by
the conditions of the incorporated Resolutiom
f. Design and developmem standants to be applied to the project, inelud~ maximum
others, are governed by the Developrmm Standards. Changes to these standards may he requested
by oPG, subject to City approvfl, in final planning relating to the planned unit devebpment portion
of the Project. No changes in these standards, including without Iknitation changes that would
reduce the developable area of the Property or increase the cost of the Project, shall he applied to the
Project without the consent of OPG.
g. Review procedures, phasing program, and criteria for project decisions shall be
governed by the Development Standards. OPG may finalize and complete the Project in one or
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more phase~ OPG may designate any portion of the Project as a proposed phase prior to submitting
an application for final plan or plat approval, and the City and OPG then shall discuss and use best
efforts to agre~ upon the ixwiuirernents of Project approval applicable to that phase, each of which
must be satisfied prior to the City's final approval of the phase.
3. Development Period. The Development Standards designated in Section 1 above
shall remain unchanged and apply in f~l force and effect for development of the Property for fn~een
(15) years following the effective date of this Agreement ("Development Period'S). During the
Development Period, OPG shall have the right to obtain approvals and permits, including final plat
and final planned unit development approvals, and develop the Property in accordance with the
part to extend for the duration of the Develo~ Period the tim~ periods otherwise applicable to
the pre~ plan, pre~ plat, and other approvals of the Project, including (a) the duration
of pre~ry p~n approvak pr~n~ary p~t approva~ and other approva~ and perm~ (b)
deadlines for filing final plans, final plats, and olher applications and designs, and (¢) deadlines for
c,o~ and completing the develo~ of an approved fatal plan, final plat, or other project.
Notwithstanding the foregoing, the City rese~ve~ the right during the Developme~ Period to modify
The lk~e~pmeat Staadard~ ~hall coatinue to apply to the Prol~rty after expir~fioa ot' the
I~velopmeat Period, except that after the expiratioa of the Ik~velopmeat Period either party
may terminate thi~ Agreement by oae haadred eighty days prior writtea aotiee of termination
to the other party. For purposes of this s~-tion, OPG shall be a party to this Agreement as long as
OPG owns any portion of the Propexty, or if not, any ~ subsidiary, or othex affiliate or OPG
owning any portion of the Property, or if none or more than one, the designe~ of OPG, or if none,
any property owners association ~ the owners of the Properly, or if none, the owner or
owrers ora majority of the area co~ the Property.
4. Weraer Road Improvemeat$. Under SoCdon 13.b of the Resolution, OPG is
obligated to contribute its fair share of tl~ cost of certain improvements to Werner Road (the
"Wemer Road Improvexnents"). OPG shall pay interest to the City on OPG's unpaid share of the
cost of the Wermr Road Imtm~vemeats at the Bank of Anxx~'s prime rate ~ on the dat~
on which the City awards the construction contract for the Wera~ Road Improvements until paid in
full The City agrees to cause the owners of other properties specially bene~ by the Werner
Road hnprov~ also to ¢ontn'bute their fair share of the cost of the Werner Road
Impro~nt~ to the ext~ that the City has legal mahority to do so.
5. Suee. e~ors ia latere~t. This Agreement shall be recorded in the real property
records of Kitsap County, Washingtor~ The agreemems and covenants herein shall attach to and
run with the Property and be binding upon and inure to the benefit to the parfi~ and their heirs,
subdivision and sale of portions of th~ Property ("Individual Parcels'~ to other persons who will
own, develop, and occupy the Individual Parcels. The City has authority under its cod~ provisions
to r~luire bonds or other security for performan~ of co~n obligations through plat or other
~nait approvals relating to the Individual Parcels. OPG shall have the fight to assign or transfer all
or any portion of its interests, righ~ or obligations under this Agreexnent or in the Property to other
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parties acquiring an interest or estate in all or any portion of the Property, including transfer of all
interests flarough foreclosure (judicial or non-judicial) or by deed in lieu of foreclosure. Consent by
the City shall not be required for any tramf~r of rights pursuant to this Agreement. Upon such
transfer, the transferee shall be entitled to all interests and rights and be subject to all obligations of
OPG under thh Agreement, and OPG shall be released from liability as to the portion of the
6. Amendment. Th~s ~ may be ~ by the written ~ of OPG
and approval of thc lcgis~ autl~rity of the City by ordinance. For purposes of this section, OPG
shall be a party to thig Agreement as long as OPG owns any portion of the Property, or if not, any
pareat, subsidiary, or other a~iate or 0PG owning any portion of the Property, or if none or more
than one, the designee of OPG, or if none, any property owners association representing the owners
ofthe Property, or ifnone, the owner or owners of a majority ofthe ama comprising th~ Property.
7. No Precedent. The conditions contained in this Agreemem are based upon the
unique ci~umstanc~ applicable to the Property, and this Agreement is not intended to establish a
precedent for development ~ts relating to other properties in the City.
8. Enforcement. Either party nmy institute and prosecute a proceeding for specific
lxxfo~ of this Agrecnent or for any other remedy provided by law.
9. Governing Law. This Agreement shall be governed by the laws of thc Stme of
Washingtor~
10. Effective Date and Tenn. This Agreement shall take effect on the date on which
the City's approval of this Agreement takes effec~ which is the date of this Agreement noted below.
The term of thin Agreement shall continue for a period of fifteen (15) years following its effective
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DATED this~ day of ,2000.
OPG: OLYMPIC PROPERTY GROUP LLC, a
Washington limited liability company
Date:
CITY: CITY OF BREMERTON, a political subdivision of
the State of Washingon
Lynn S. Horton, Mayor
DEPARTMENTAL APPROVAL:
xhrdliam M. Pahrer, I~'ector
Public Works and UtlTlities
W. Eugene Sampley, P.E., Director
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APPROVED AS TO FORM:
Glenna Malanca, City Attorney
ATTEST:
Kathleen McCluskey, City Clerk
STATE OF WASHINGTON )
)ss.
COUN~f OF KITSAP )
On this ~ day of , 2000, I~fom n~, th~
und~ a Notary Public in and for tl~ Stat~ of Washingon, duly coi~a-n~fion~ and sworn,
personally appeared ,, to me known to be the
of OLYMPIC PROPERTY GROUP LLC,
instrument to be the free and volumary act and deed of said company, for the uses and purposes
~ mentioned, and on oath stated that he was autho~ to execute the said ~.
WITNESS MY HAND AND OFFICIAL SEAL hereto affmed the day and year first above
written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
Print Name
R:~EGAL\w~sl hills~FinalI~vAgreen~[doc~6.2 ! .00
g
STATE OF WASHINGTON )
)s~
COUNTY OF KITSAP )
On this ~ day of , 2000, before me, the
utflersign~ a Notary Public in and lbr the State of Washington, duly commissioned and sworn,
personally appeared Lynn S. Horton, to me known to be the Mayor of the City of Bremerton,
Washington. the city that executed the foregoing ~, and acknowledged said ~ to
on oath stated that she was atal~rized to execute the said immm~t.
WITNESS MY HAND AND OFFICIAL SEAL hereto afl. ed the day and year first above
NOTARY PUBLIC in and for the State of
My commission expires
Print Name
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EXHIBIT A
Description of Property
PARCEL "A'
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3~° STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 12° 00'
54"WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12° 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE; SOUTH 82° 49'
36" WEST 30.85 FEET; THENCE NORTH 88° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "B"
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28,
TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., LYING WEST OF THE WEST
MARGIN OF 3P'v STREET, IN KITSAP COUNTY, WASHINGTON.
EXCEPT ANY PORTION THEREOF LYING WEST OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
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42" EAST 34.75 FEET; THENCE SOUTH 29" 34' 18" WEST 295.26 FEET; THENCE SOUTH
61° 44' 15" EAST 258.89 FEET; THENCE SOUTH 25° 16' 38" EAST 451.32 FEET TO THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 28, ALSO BEING THE TERMINUS OF THIS DESCRIBED LINE.
ALSO EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; THENCE SOUTH 88° 31' 45" EAST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER 1312.38 FEET TO THE WESTERLY RIGHT OF WAY
MARGIN OF 3v'l) STREET; THENCE SOUTH 12° 00' 54" WEST ALONG SAID MARGIN
61.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 12° 00'
54"WEST ALONG SAID MARGIN 378.23 FEET; THENCE LEAVING SAID MARGIN
SOUTH 24° 41' 44" WEST 18.22 FEET; THENCE SOUTH 12" 00' 54" WEST 61.11 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
45.00 FEET; THENCE CLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 70° 48' 41", AN ARC DISTANCE OF 55.62 FEET; THENCE SOUTH 82° 49' 36"
WEST 30.$5 FEET; THENCE NORTH $8° 04' 59" WEST 240.41 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 450.00
FEET; THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11° 48' 25", AN ARC DISTANCE OF 92.73 FEET; THENCE NORTH 13° 42'
46" WEST 45.36 FEET; THENCE NORTH 45° 23' 43" EAST 628.56 FEET; THENCE
SOUTH 88° 31' 25" EAST 63.96 FEET TO THE POINT OF BEGINNING.
PARCEL "C"
THAT PORTION OF SOUTH THREE-QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 21 AND THAT PORTION OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE 1 EAST OF THE W.M., KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 28; THENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
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42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; THENCE
NORTH 61° 44' 15" WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET;
THENCE NORTH 06° 17' 07" EAST 159.97 FEET; THENCE SOUTH 83° 18' 31" WEST
213.21 FEET; THENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH 89° 58'
59" WEST 71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE
NORTH 16° 37' 44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET;
THENCE NORTH 11° 30' 55" WEST 557.55 FEET; MORE OR LESS TO THE NORTH LINE
OF THE SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88° 47' 38" EAST
ALONG SAID NORTH LINE 754.21 FEET TO THE NORTHEAST CORNER OR SAID
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 01° 58' 19" WEST ALONG THE EAST LINE OF SPJD
SOUTHWEST QUARTER 992.96 FEET TO THE POINT OF BEGINNING.
PARCEL "D'
THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTH THREE-
QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, AND THE NORTH HALF OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP
24 NORTH, RANGE 1 EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON.
EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINES:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 28; TIffENCE SOUTH 00° 52' 44" WEST ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 271.95 FEET; THENCE LEAVING SAID WEST LINE
SOUTH 44° 49' 13" WEST 235.99 FEET TO A NON-TANGENT CURVE TO THE LEFT,
THE RADIUS POINT OF WHICH BEARS NORTH 48° 47' 57" EAST 400.00 FEET;
THENCE COUNTERCLOCKWISE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 19° 13' 40", AN ARC DISTANCE OF 134.23 FEET; THENCE SOUTH 60° 25'
42" EAST 34.75 FEET; THENCE SOUTH 29° 34' 18" WEST 295.26 FEET; TO A POINT
HEREINAFTER REFERRED TO AS POINT "A', ALSO BEING THE POINT OF
BEGINNING FOR THIS LINE; THENCE SOUTH 61° 44' 15" EAST 258.89 FEET; THENCE
SOUTH 25° 16' 38" EAST 451.32 FEET, MORE OR LESS TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO
BEING THE TERMINUS OF THIS PORTION OF AFOREMENTIONED LINE.
ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINES:
BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 61° 44' 15"
WEST 124.67 FEET; THENCE NORTH 31° 49' 55" WEST 435.00 FEET; THENCE NORTH
06° 17' 07" EAST 159.97 FEET; THENCE SOUTH g3° 18' 31" WEST 213.21 FEET;
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12
TI-IENCE NORTH 06° 53' 07" WEST 128.57 FEET; THENCE SOUTH 89° 58' 59" WEST
71.97 FEET; THENCE NORTH 15° 48' 26" WEST 248.07 FEET; THENCE NORTH 16° 37'
44" EAST 183.98 FEET; THENCE NORTH 53° 39' 36" EAST 260.29 FEET; THENCE
NORTH 11° 30' 55" WEST 557.55 FEET, MORE OR LESS TO THE NORTH LINE OF THE
SOUTH THREE-QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 21, ALSO BEING THE TERMINUS OF THIS LINE.
PARCEL "E"
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 29,
TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH ONE-EIGHT OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29.
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SENT By:POPE RESOURCES DEVEIZ ; 6-20- 0 ;ll:OBAM ; 1 360 43725224 3604765161;#
· lune 16, 2000
Lynn Horton, Mayor
iCarol 'Ar.en~, City Council President ..
David Fart, City Council M~mber
John Law,' City Council Member
C~cil McConn¢ll, City Council.Member
Conrad Esser, City Council Member
Wayne Olsen, City"Council Member.
Ed Rolhnan, City Council Member
Jim Reed, cityCounciI Member
Mike Shepherd, City .Council Member
City ofBr~merton ·
239 Fourth Street
:. Bremerton', Washingt°n 98337
Ke: West Hills Development Agreement
Honorable Mayor and Council Members:
Olympic Property GroupLLC, a wholly-owned.subsidiary of Pope Resources, has. asked your'
" approval of a development agreement relating to our West Hills project, a 270-acre industrial and
' . residential mixed use development. In May I997, the City completed one phase of
" environmental review and .granted a SEPA mitigated 'd~tei'mination of n0ndgnificance, zoning
map am~mdment, preliminary planned unit development approval, and preliminary plat' approval
for tZe project. To date, Our company has invested approximately $887,000in this project,
including $4?2,000 i,{ City sewer and water main comiruction costs (see enclosed Progress
'Summary). The C!ty also has invested significant time and 'en~gy in reviewing and approving
the project.
.In thc Past three years, we have toured many prospecti~te groups through the property. The
contact for these groups has been through the EDC and the local real estate community. 'To date,
no users of appropriate scale and magnitude have put forth a credible offer. We have found that
the local real estate market is not yet ready to support the completion of this project.'
C:~W~NDOWS~'TEMPU~OSE LTg2.DOC "
$~attlc
· : 19245 Tenth &venue Northcas~, P.O. gox I780, Pouhbo, Washington 98370-0239
(360) 697-6626, Seattle:'(206) 292-0517, Faxt (360) 697-1156
SENT BY:POPE RESOURCES D~VEL ; 6-20- 0 ;il:lOAM ; I 360 43?25224 3604755161;# 3/ 5
" " We d6 not want to abandon the project; rather, our company is not comfortable risking.further
.- capital expenditures without.the, certainty of a sale of a significant magnitude. We. acknowledge
that it wouM'be ia'poor business dm/sion to complete what we cannot sell in a..timely fashion. So
.we Seek a'devetopment agreement, to'preserve the investments that have been rnadc- by our
company and the City --. to'create .this project. .. .-.
· If~o~ approve 'our proposed West'Hills development a~reement, we commit to do the following:
1; During the term of ~te'development agreement, we will make biannualpre, sentat!ons
· to you regarding the.status of the project, including our current development plans,"
'market analyses, marketing activities, report on Curr~t market conditions, i_n__fi'astructure
improvements and other company investments, potential Phasing timetables; and final' '
plat. and other approvals. ..
2. During the'first five years of the term of the.development agreement; we will d{ligOntly
study the local, real estate market and seek oppo .rtgnities to identify commercially feasible;
· .. project mi'lest0nes. We will consult with the City Council regarding milestones upon the
reques, t of thc City.Council,'.and nO less frequently than once every two. years. We
Understand.that the sUpport of the. Development Agreement by Council Members Farr
" and Esser is based upon these commitments by OPG. .- ' · -:'
3."' If at any time in our analysis of market conditions we find local realestate market ..
demand for the .completion of any project phase, then we Will diligently.pursue either the
completion of that phase, or .the marketing of that phase to another developer willing to
· .complete it.
.. 4. During the.year 2000, we wilt continue to make. the project available for Sale either to.
". ~nd' users of parcels.ten acres or more in size or to pOtential develoPerS of the entire
project: . .:
We'believe 'that it Would imperil the West Hills project to impose deadlines for.complefioia'.of
project, phases, as in a difficult real estate market it will force us and any of our successors to:
abandon the proje6t rather than risk a larger investment in it..We.seek your approval Of this ' "'
· development agreement as prOposed in order tO preserve Our mutual investments in this pi'oj, ect. ..
.. Thank you for your. consideration: ·
· SinCeml. y yours, .
· OLYMPIc PROPERTY GROUP LLC
. .. Vice.President, Property'D~velopment
c:~WINDOWS\TEMP~.O$ E LTR2.Doc
· .. Seattle .
SENT BY:POPE RESOURCES DEVEL ; 6-20- 0 ;ll:I1AM ; I 360 4372522-, 3604785161;# 4/ 5
' --' ACCEPTED '"
CiTY:0F BKEMERTON, wASHINGTON " '-' " "
By Lynn Ho/ton
Its Mayor
· C:\WlNDOWSWBMP~OSE L'TP,2.1X)C
S~attle - .
SENT BY:POPE RESOURCES DEVEL ; 6-20- 0 ;ll:llAM ; 1 360 4372522~ 3604?85161;# 5/ $
West Hills Preliminar_vPlat/PUD Progress Summary
June 20,2000
1992 Trade with City
1994 Timber Harvest, left wetlands alone
1995 Repurchased Reservoir Lot from Port Blakely
Built 12" Water Main to project in Pendergast Park
1996 Environmental Studies
Comprehensive Plan Amendment
1997 Neighborhood Meetings
Submit PUD/Plat to City Council
Construct ½ mile 18" sewer
1998 Complete Civil Engineering Drawings for Phase 1
1999 Rough Grade Phase I Road and Lot 19
EXPENDITURES TO DATE
Environmental Studies and Preliminary Approval $220,000
Phase 1 Civil Engineering Drawings 85,000
12" Water Main Extension 12,000
Rough Grading 100,000
18" Sewer Extension 460,000
Development Agreem¢~lt 10.000
TOTALS* $887,000'
Note, Expenditures do not include: · OPG/Pope Resources Staff Salary
° Property Taxes Paid From 1992 through 2000 (approx.
$125,000)
AGENDA BILL
BREMERTON CITY COUNCIL
~ FOR AGENDA OF: 06/21/2000
An Ordinance establishing additional Fire and Life ORIGINATING DEPT: Fire
Safety requirements for existing Multi-Family ORIGINATOR: Al Duke, Fire Chief
Residential buildings Classified as Group R, DATE SUBMITTED: 06/13/2000
Division I Occupancy.
3~.EAB&t~GES_Comment of back if necessary) 3. EXHIBITS:
Budget & Finan~ /~'" Attached Ordinance
Operations [- ~-~'~.,~,~~ ~
ENDORSEMENTS /~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMll-FAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION;
This ordinance would establish additional Fire and Life safety requirements for Existing Multi-Family
residential buildings, commonly known as apartments that are greater than 4 units. On the February 2, 2000
study session, the council received a presentation on this proposed ordinance.
8. RECOMMENDATION:
Motion to approve this ordinance on first reading.
Motion to pass Ordinance ~. on second reading.
9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief
ENFORCEMENT OFFICIAL: Al Duke, Fire Chief
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLEDcouNCiL DIRECTIvE:TABLED APPROVEd DISAPPROVEDAMI~I D EIi~
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
This ordinance would allow the Fire Department to enforce a requirement upon Group R, Division 1
residential units. Currently, there are no allowances in the current Uniform Fire Code for existing buildings.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES;
There are no staffing or bugetary impacts on the Fire Department. The Fire Department currently attempts
to inspect each building annually.
7. RESEARCH SOURCES:
Kitsap County Fire Safety Advisory Committee Report
30
ORDINANCE NO.
AN ORDINANCE establishing additional Fire and Life Safety
Requirements for existing Multi=Family Residential Buildings
Classified as Group R, Division 1 Occupancy and creating Chapter
18.03 Existing Multi-Family Requirements of the Bremerton
Municipal Code
WItEREAS, the Bremerton City Council has previously exercised the power to protect the
public safety and welfare of its citizens through adopting the Uniform Building Code and Uniform
Fire Code; and
WIIEREAS, the City Council finds that it in order to protect the health, safety and welfare of
the public, it is necessary to adopt certain fire safety requirements for existing multi-family
residential buildings, classified as Group R, Division 1 Occupancy Buildings in the Uniform Fire
Code, as adopted by the City;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New. Chapter 18.03 is hereby created to read as follows:
CHAPTER 18.03 EXISTING MULTI-FAMILY REQUIREMENTS
18.03.010 Definitions. For purposes of this chapter, the following definitions apply:
a. "Administrative Summary" means the "Kitsap County Fire Safety Advisory
Committee Report" dated June 28, 1999, attached hereto as Appendix B and incorporated herein
by reference. The Administrative Summary was used as a basis for development of this ordinance
and shall be used for guidance in interpreting it.
b. "Approved" means approved by the Chief unless otherwise specified.
c. "Chief' means the Bremerton Fire Chief or his designee.
d. "Dwelling Unit" means any building or portion thereof which contains living
facilities, including provisions for sleeping, eating, cooking and sanitation as required by the 1997
Uniform Building Code, for not more than one family, or a congregate residence which
accommodates ten (10) or fewer persons.
e. "Fire Department" means the Bremerton Fire Department.
FIRE & LIFE SAFETY. ORD
6/6/00 - Page I
f. "Fire Safety Advisory Committee" means a group of community representatives
appointed by the Board of County Commissioners as provided in KCC 14.10.150.
g. "Fire Safety Matrix" means the assessment tool, attached hereto as Appendix A
and incorporated herein by reference, used by Fire Department personnel to evaluate Level-III
Buildings to determine appropriate fire protection features based upon an assigned point value
and number of Dwelling Units.
h. "Floors" means the number of levels in a building, including any basement.
i. "Group R, Division 1 Building" means a hotel or motel, an apartment building or
congregate residence, including condominiums.
j. "Level4 Building" means all Group R, Division 1 Buildings less than 3 floors in
height and more than 4 Dwelling Units;
k. "Level-II Building" means all Group R, Division 1 Buildings 3 or more floors in
height and less than 17 Dwelling Units;
1. "Level-ffI Building" means all Group R, Division 1 Buildings 3 or more floors in
height and 17 or more Dwelling Units;
m. "Owner" means the owner of record of a Group R, Division 1 Building.
18.03.020 Requirements. All Group R, Division 1 Occupancy Buildings constructed
prior to July 1, 1998 shall meet all the requirements of this chapter.
18.03.030 Smoke Detectors. On or before January 1, 2001, the Owner shall install in all
sleeping areas of all Level-I, -II and -III Buildings, an approved, listed photoelectric device which
senses visible or invisible particles of combustion. Such devices may be battery-powered. Using
approved forms, the Owner shall certify to the Chief that the devices have been installed as
required in this section and are properly working.
18.03.040 Floor Plans. Upon request by the Fire Department, the Owner shall provide
floor plans to assist with pre-fire planning.
18.03.050 Emergency Evacuation Plans.
a. The Fire Department will work with the Owners by providing guidelines for
developing an approved emergency evacuation plan. All plans shall be submitted and approved by
the Fire Department prior to posting.
FIRE & LIFE SAFETY.ORD
6/6/00 - Page 2
b. Approved emergency evacuation plans shall be posted in common areas of the
building by the Owners on or before January 1,2001.
c. Emergency evacuation plans shall be reviewed and updated annually by Owners.
Revised plans shall be submitted to the Fire Department for review and approval.
18.03.060 Fire Safety Training. The Fire Department shall develop and offer
classroom-training programs for building owners, tenants and homeowners regarding fire safety.
18.03.070 Annual Fire Inspection. The Chief or his/her designee shall endeavor to
in,peet annually all Level I, II, and III buildings for compliance with the requirements of this
chapter and other applicable laws.
18.03.080 Fire Safety Evaluation. Level III buildings shall be evaluated for fire safety
utilizingthe Fire Safety Matrix. Each Level HI building shall achieve a minimum of S0 points on
the Matrix within ten years of the date this ordinance is adopted. A comprehensive review of all
Level IH buildings evaluations will be conducted by the Fire Safety Advisory Committee. During
that review, the Chief shall determine if Level HI buildings not meeting the 80 points criteria are a
distinct hazard to life or property. If the Chief determines a building to be a distinct hazard, he or
she may take action pursuant to the Dangerous Buildings Code in this title.
18.03.090 Certificate of Compliance. The Chief or his designee shall provide a
certificate of compliance for all Level I and II buildings inspected and determined to be in
compliance with this chapter. All Level IH buildings must meet all requirements of this chapter,
including the requirements to achieve a score of at least 80 points in the fire safety evaluation
performed pursuant to Section 18.03.080, in order to receive a certificate of compliance.
18.03.100 Notification to Property Owners. The Fire Department will design and
implement a process to notify property Owners regarding fire calls resulting from property
damage or injury on their property.
18.03.110 Automatic Fire Sprinklers. Automatic fire sprinklers shall be installed in all
Group R, Division 1 Buildings that contain 10 or more Dwelling Units when, within a three-year
period, there has been damage to the building that exceeds 50% of the assessed value of the
building, or the costs of remodeling the building exceed 50% of the assessed value of the building.
18.03.120 Fire Alarm Systems.
a. An approved fire alarm system "non-monitored" shall be installed in all Level II
buildings. The fire alarm system must be installed and operational on or before January 1, 2003.
There shall be no Department of Community Development permit fees for alarm systems installed
for compliance with this chapter.
FIRE & LIFE SAFETY.ORD
616100 - Page 3
b. An approved "monitored" fire alarm system containing a heat detector within each
dwelling unit shall be installed in all Level III buildings. The fire alarm system must be installed
and operational on or before January 1, 2003. The Department of Community Development, shall
waive permit fees for alarm systems installed for compliance with this chapter.
18.03.130 Appeals. The City of Bremerton Buildings Appeal Board, as created by Title
17 & 18 of the Bremerton Municipal Code, is the designated Board of Appeals for this ordinance.
When requested by the Buildings Appeal Board, the Fire Safety Advisory Committee shall review
and provide recommendations to the appeals board on matters related to this ordinance.
18.03.140 Fire Safety Committee. A committee is established under KCC 14.10.150 to
review fire safety evaluations as provided in this chapter, periodically review this ordinance and
recommend improvements to it; investigate and recommend to the Bremerton City Council
funding sources for fire and life safety enhancements to Group R, Division 1 Buildings; when
requested by the Board of Appeals, provide recommendations on appeals under this chapter; and
develop strategies to enhance fire safety within the community. In performing its responsibilities
under this chapter, the committee shall be guided by the standards set forth in the Administrative
Summary. The committee shall consist of at least three (3) county residents, three (3) fire service
personnel and three (3) owners of Group R, Division 1 Buildings. The committee shall be
appointed by the Board of County Commissioners on or before April 1, 2000.
18.03.150 Enforcement. The Chief or his/her designee are authorized to enforce the
provisions of this chapter. The provisions of this Chapter are intended for the general welfare and
safety of the citizens of the City of Bremerton. There is no intention to create a class of persons
or property to be specifically benefitted hereby.
18.03.160 Violation - Penalty. The violation of any provision of this chapter shall
constitute a civil infraction. Each violation shall constitute a separate infraction for each and every
day or portion thereof during which the violation is committed, continued or permitted. The
maximum penalty and default amount for a civil infraction under this chapter shall be pursuant to
Chapter 1.12.
18.03.170 Severability. If any provision of this ordinance, or its application to any
person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or
the application of the provision to other persons, entities or circumstances is not affected.
Section 2. The full text of Appendix A - Fire Safety Matrix and Appendix B - Administrative
Summary are available upon request at the Fire Department.
Section 3. Effective date. This ordinance shall become effective ten days after passage and
publication.
FIRE & LIFE SAFETY.ORD
6/6/00 - Page 4
APPROVED by the Bremerton City Council this day of ,
2000.
PASSED by the Bremerton City Council this day of ,2000.
CAROL AP, ENDS, Council President
APPROVED this , day of ,2000.
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
FIRE & LIFE SAFETY. ORD
616/00 - Page 5
KITSAP COUNTY FIRE SAFETY ADVISORY
COMMITTEE REPORT
SUBMITTED TO:
BREMERTON CITY COUNCIL
SUBMITTED BY:
ALLISON DUKE III
BREMERTON FIRE CHIEF
DATED
JANUARY 28, 2000
REPORT INDEX
STAKEHOLDERS ENDORSEMENT ................................................... Pages 3 and 4
EXECUTIVE BRIEF ........................................................................ Pages 5 through 7
BACKGROUND DISCUSSION ................................................... Pages 8 through 12
STRATEGIC PLAN .................................................................... Pages 13 through 19
ENCLOSURES:
1. Governors Fire Prevention Task Force Final Report
2.1 Fire Safety Matrix (Level III Buildings)
2.2 Priority List (Level III Buildings)
3. Apartment Vacancy Report - Kitsap County
4. Insurance Letter, Sprinkler Cost Savings
5. King County Staff Report- Sprinkler Costs
6. Bank Correspondence, Availability of real estate loans.
7. Kitsap County Real Estate Analysis.
8. Fire Alarm Systems- Cost Estimates.
9. Kitsap County Personal Income Report
10. Automatic Fire Sprinkler Retrofit Rent Impact Analysis.
11. The Economics of Retrofit - 1995 report
12.Opinion Memorandum -Retroactive Application of Fire Laws
13. City of Bremerton- Apartment Complexes
14. Kitsap County Apartment Fires - 1993 -1998
15. Analysis Assumptions Report
STAKEHOLDERS ENDORSEMENT
The following stakeholders and Committee members have participated in whole or in part with the
Kitsap County Fire Safety Advisory Committee and have reached general consensus regarding the
following recommendations.
Derrick Crawley,
Kitsap County Fire Marshal
Jim Shields, Fire Chief City of Poulsbo,
President Kitsap County Fire Chiefs Association
Tim Arnold, Bradley Scott CEO,
President of the Kitsap County EDC
Allan Humm, President
Puget Rental Owners Associations
Wayne Senter, Assistant Fire Chief
Kitsap County Fire District #7
Randy Billiek, Battalion Chief
Central Kitsap Fire & Rescue
Tom Huddleston, Battalion Chief
Poulsbo Fire Department
Douglas Neyhart,
Kitsap County Investor
Dennis Osburne,
Condominiums
Owners Association_Representative
Leroy Humphrey, Washington Park
Condominiums Association Rep
Dean Hanks, Institute of
Real Estate Management
Scott Rappleye,
Bremerton Fire Marshal
John Freeberg,
Former Kona Village Residem
Mike Brown,
Fire Chief City of Port Orchard/KCFPD #7
Jim Adrian,
Local Investment Property Owner
Roy Sowerby,
Bremerton Housing Authority
Norm McLouglin,
Kitsap County Housing Authority
Ken Martin,
Apartment Owners Associations
Mike Gustavson,
Local Investor
Appendix-B
Administrative Summary
The Plan shall consist of three separate and distinct initiatives as follows:
GENERAL PROVISIONS:
There shall be designated three classifications for Group R, Division 1 Occupancies (e.g.,
apartments, hotels and motels) the following classifications were assigned based upon level of risk:
Level - I: All residential buildings less than 3 floors in height and more than 4 dwelling
unit: 50 buildings identified in Bremerton
Level - II: All residential buildings 3 or more floors in height and less tha~welling
units: 41 buildings identified in Bremerton
Level - III: All residential buildings 3 or more floors in height and more that( 1~
dwelling units: 46 buildings identified in Bremerton
The Fire Safety Matrix was developed to be used as an assessment tool to determine the relative
safety of all Level III buildings (provided as enclosure 2.2 of this brief). This matrix assigns points
to various Fire Safety attributes of a building and the community. The Committee considers that it
is desirable that all Level III buildings shall ultimately attain a score of 80 points or more.
Approximate Number Apt. Units:
LEVEL -I LEVEL -II LEVEL -IH
Unincorporated County: 2917 2058 1841
Bainbridge Island 262 244 206
City of Port Orchard 358 466 189
City of Pouisbo 524 315 210
City of Bremerton 1682 348 2746
Total: 5743 3431 5192
Page 1 of 15 1/28/00
Initiative- 1
Consists of the following components.
1. Smoke detectors will be installed in all sleeping areas in all Level I, II & III buildings.
2. An emergency evacuation plan for all Level I, II, & III buildings shall be established and
reviewed with all tenants and posted in appropriate visible locations.
3. The Fire Services shall be provided floor plans for all R-1 occupancy buildings to assist in
incident planning.
4. All Level III buildings shall be inspected on an annual basis. The Fire Safety Matrix shall be
used as the basis for evaluating the relative "Fire Safety of these buildings". There shall be a 10-
year evaluation period for Level III buildings, to assess what enhancements have been made to
meet or exceed the 80-point target. After thel0-year evaluation process the authority having
jurisdiction shall determine if buildings are a Distinct Hazard to Life or Property and take
appropriate action
5. Develop a classroom type training program for property owners, tenants, homeowners, and the
public.
6. All buildings that are inspected and determined to be "Fire Safe" will be provided appropriate
recognition. (i.e. No Safety violations and a minimum score of 80 points on the Matrix)
7. Continue to enhance Public awareness of the importance of Fire Prevention and Life Safety
using multiple outreach strategies under the direction of the Kitsap County Fire Chiefs
Association in conjunction with the Kitsap County Fire Marshall.
8. A standing "Fire Safety Advisory Committee" consisting of all the County Stakeholders for
Group R, Division -1 occupancies will be established, by Ordinance and the members shall be
appointed by the County Commissioners.
9. Property owners shall be notified of all Fire and Property damage calls to their property.
~ Initiative I items are affordable and can be implemented within a two-year period with very minimal economic
disruption to the community.
Page 2 of 15 1/28/00
Initiative -2
Automatic Fire Sprinklers shall be installed in all Group R, Division-1 buildings that are 10 or more
units, when there is a substantial remodel or damage that exceeds 50% of the assessed value of the
building within a three-year period?
Initiative- 3
a) A Fire Alarm system (non-monitored) will be installed in all Level II buildings. The alarms are
to be fully installed and operational within 36 months of the effective date of the Ordinance.
b) A monitored Fire Alarm with a single heat detector inside each living unit will be installed in all
Level III buildings. (not required for units with a monitored automatic fire sprinkler systems)
The system described is to be fully installed and operational within 36 months of the effective
date of the Ordinance. 3
For both 3a and 3b above the Local Government will waive all permit fees for fire alarm system
installation.
c) The Fire Services in concert with the Fire Safety Advisory Committee will work to establish a"
Kitsap County Fire Safety Enhancement Fund" to be used on a voluntary basis to assist in
installing Automatic Fire Sprinkler Systems in the most at risk Level III buildings in Kitsap
County. This funding shall be requested from all available sources such as Housing Finance
Unit, Community Development Block Grant "CDBG", etc. Funds shall be available to the
highest at risk Level III buildings based on a negotiated match with the property owner. Funds
shall be administered via the County Fire Marshals Office. The Fire Safety Matrix has been
used to assess the most at risk Level III buildings in Bremerton which is shown as Enclosure-
134
The Committee considers that it is necessary to continue to seek and access all possible funding
sources to facilitate enhancing the safety of the most at risk Level III buildings in Kitsap County.
2 Initiative 2 can be implemented on a planned basis and financing can be factored into the remodel planning. This
section is similar to the Tacoma Ordinance and should bring most of the R-l, 10 units or more buildings into
compliance within a 25-year period based on the frequency of a typical major remodel.
3 Parts 3a and 3b are going to be the most costly to the private sector. The committee considers the
recommendations are affordable, and with a three-year implementation plan will provide investors and property
owners a reasonable time frame to plan for the necessary financing, even in a stressed economy.
4 Initiative 3c recognizes that in some cases the f'mancial burden is such that substantial public participation is
necessary to assist in the most hazardous situations. The program seeks to provide funding through grants and low
interest loans, to retrofit automatic fire sprinklers in the most at risk buildings. In some respects this program
follows along the model of the Govemor's Task Force for retrofitting sprinklers in assisted care facilities using
100% public funding which targets the most at risk facilities on a priority basis. (see Encl. 1)
Page 3 of 15 1/28/00
BACKGROUND DISCUSSION:
The "Kitsap County Fire Safety Advisory Committee" was established by the Kitsap County
Commissioners in concert with the Kitsap County Fire Chiefs Association in early 1998. The
Committee was established to develop strategies and policies for enhancing fire prevention and life
Safety for multi-family buildings in Kitsap County and was in response to several serious fires and
fatalities in 1997 and 1998.
The Committee was chaired by the Kitsap County Fire Marshal and a conscious attempt was made
to involve all stakeholders and included the following Organizations or individuals as Committee
members:
Bremerton Fire Depmhnent
Fire District 7 Chief, and Fire Prevention Officer
Central Kitsap Fire and Rescue
Bainbridge Fire Department
Puget Rental Owners Associations (PROA)
The Institute of Real Estate Management
Kitsap Lodging Association
Condominium Owners
(The Condo owners in Kitsap County do not have a single association that represents their
interests.)
Poulsbo Fire Department
Bremerton and Kitsap County Housing Authorities
Member of the Governors Task Force of Fire Safety
Kitsap County investment property owners
A former resident of Kona Village
City of Bremerton and County Building Departments
The Committee also invited several "technical experts" to the meetings as specific topics were
discussed to provide input as follows:
City of Tacoma Fire Marshal
Fire Sprinkler Contractors
Certified Hazardous Waste Consultant
Residential Commercial Banker
Residential Mortgage Broker
The Kitsap County Treasurer
Representative of the Washington State Housing Finance Commission
Fire Retardant Paint Manufacturer
A Kitsap County, CPA
Two former residents of Kona Village
Page 4 of 15 1/28/00
The Committee reviewed in part the following info:
· The "Governors Fire Prevention Task Force" final report (see Encl. -1)
· Three Kona Village reports
· Fire safety and public education programs
· The current Fire and Building Code requirements as they relate to apartment buildings, hotels,
motels, etc.
· An inventory of apartment buildings for Kitsap County
· Fire Safety in High -Rise Buildings
· Fire Sprinkler Facts
The Committee Chair worked to establish some basic ground rules for the Committee work
as follows:
· Agendas were developed by the Committee and provided prior to the next meeting.
· A detailed set of informal minutes were kept of all meetings and reviewed at the next meeting
for accuracy.
· Kitsap Fire District 7 provided Administrative supports to the Committee.
· Decisions were made by consensus.
· The Chair was the only person authorized to communicate outside of the Committee concerning
the Committees work.
· The full committee approved any press releases and the Chair conducted any interviews with the
press.
· Any member of the Committee was permitted to bring a guest or technical expert to advise the
Committee.
· The meetings were all open to the public.
The following issues and items were reviewed and agreed upon by the Committee and were
used as a basis for the final recommendation provided:
ca The economy of Kitsap County is in a declining mode and Kitsap has not experienced the
prosperity that most of the Puget Sound Community is currently experiencing.
ca The Kitsap County nominal vacancy rate for Apartments, exclusive of Bainbridge, averages 9%.
The Institute of Real Estate Management considers that a typical healthy market has a vacancy
rate of 3%. This situation provides property owners with little resources for capitol
improvements and results in a general rent structure that in many cases barely meets day to day
expenses. (See End.- 3).
~ The Kitsap County Commissioners, because of the Communities overall economic condition,
requested that the State designate Kitsap County as "economically distressed".
Page 5 of 15 1/28/00
ca Kitsap County's major employer, the U.S. Navy has significantly downsized since 1992 and will
continue to do so for the foreseeable future. The County has in fact lost over 10,000 good
paying civilian jobs and about 6000 military billets have left the community. The county is
attempting to diversify its economy but has not been able to compensate for the loss of Navy
jobs. The loss of DOD jobs will take years to recover from.
[] The Trident fleet will probably shrink by 4 boats in the next couple of years, which will result in
the loss of approximately 1200 to 1500jobs for Kitsap County. This would be the equivalent of
the loss of a large Kitsap County business.
n Based on current Navy planning the number ofhomeported ships at Naval Station Puget will
continue to decline. In 2004 there may be no Ships homeported in Bremerton.
Kitsap County has been documented to have a per capitia income of 191 out of 212 U.S.
metropolitan areas for 1996 based on a recent study by Old Dominion University in Norfolk.
(See Encl-9)
Based on discussions with a Kitsap County Commercial Banker and a Mortgage Broker the
Committee was advised that in the current market it is practically impossible to obtain a cash
back loan for commercial residential real estate (greater than 5 units). The reason is, because
commercial banks are finding this market very risky overall and because of the generally poor
economic conditions in Kitsap County. The high vacancy rates are looked at as increasing the
risk of the loan and with a 10% or greater vacancy rate any loan is simply impossible. (See
Encl-6,7 & 15)
The rent structure in Kitsap County has been almost flat for four to five years but other expenses
have increased including property taxes, utilities, insurance and other operational costs.
The State has set aside $9,000,000 to fully fund the installation of sprinklers in State licensed
assisted care facilities. (See Encl-1)
The Committee has estimated that the cost to retrofit Automatic Fire sprinklers could be up to
$6.00/sq ft. This cost could significantly increase if asbestos or lead based paint were
encountered. Any building constructed before 1980 may have asbestos or lead paint present and
should be tested for lead and asbestos if sprinklers are to be installed. If lead or asbestos are
found than special provisions must be taken to contain these hazardous materials during all
retrofit work. This cost, if absorbed by the private sector, could have an extremely serious
impact on the private sector rental market. (See Encl-10)
[] A recent King County Council report concluded that the nominal cost of sprinklers installed in
existing buildings would be $5.76/sq f. if there were no hazardous materials encountered. (See
Encl-5)
c~ No city in Washington State has mandated the installation of Automatic Fire sprinklers in low
rise existing Apartment buildings.
Page 6 of 15 1/28/00
There would be a very minimal cost savings in residential Fire Insurance if Automatic Fire
sprinklers were installed (about a 4 to 10% savings) but it would be insignificant compared to
the initial total cost of retrofit. (See Encl-4)
The Committee considered that the installation of sprinklers would be so costly that it would be
appropriate to have the public substantially participate in the costs. Several funding sources
were considered, such as County Tax revenue, Fire District dollars and Community
Development Block Grant (CDBG) funds. The only viable funding source was CDBG funds.
The Committee realizes that more work is needed to identify other possible funding sources and
recommends maintaining The Fire Safety Advisory Committee, in part to pursue such funding.
[] The Governors Fire Prevention Task Force may be reconvened to look at Fire Safety
enhancements for other types of R- 1 occupancies.
The policies and proposals developed by the Committee:
1. Should be uniformly adapted by all jurisdictions throughout the County. One method to ensure
acceptance of the committees concepts and strategies is to share the contents of this report with
members of the Kitsap County Regional Planning Council. The Regional Planning Council
should be encouraged to adapt and endorse the report and its recommendation as a matter of
policy, and adopted within each jurisdiction.
2. Must be affordable to the Private and Public Sectors and recognize the current economic
situation in Kitsap County.
3. Are considered a first step and need to be reviewed, refined, and revised at some frequency to
assure they are in fact meeting the intended objectives, are uniformly enforced, and are not
causing an undue financial burden on the Community. Their needs to be established some type
of process that continues to involve the stakeholders, enforcing officials and the policy makers.
Page 7 of 15 1/28/00
FIRE SAFETY ENHANCEMENTS:
Fire Alarms with pull stations have been estimated to cost approximately $350.00/unit. (See
Encl-8)
A monitored Fire Alarm system with heat detectors, in each unit, has been estimated to cost
approximately $650.00/unit. There also will be a continuous monitoring cost of approximately
$30.00/month/building. (See Encl-8)
The Fire Services will inform all affected parties of the requirements of any policies that are
implemented.
Any policies to be implemented by Ordinance will be implemented by a stand alone Ordinance.
The total estimated cost to Kitsap County private sector in accomplishing the
recommended Fire Safety upgrades are as follows:
Enhancements Smoke Local fire Monitored fire Totals:
alarms t alarm system2 alarm systems
3
Unincorporated County: $204,480 $720,300 $1,196,650 $2,121,430
Bremerton: $143,280 $121,800 $1,784,900 $2,049,980
Poulsbo: $ 31,470 $1'10,250 $ 136,500 $ 278,220
Bainbridge Island $ 7,860 $ 7,320 $ 6,180 $ 21,360
Port Orchard $ 30,390 $163,100 $ 122,850 $ 316,340
Totals $417,480 $1,122,770 $3,247,080 $4,787,330
1. Battery powered in each bedroom
2. Sounds an alarm locally, not monitored, manual pull stations, detection in common use areas
3. Heat detector in each dwelling, manual pull stations on each floor level,
Level II Buildings Average cost estimates:
16-unit apartment building ~ $350.00 per unit = $5,600
$5,600 divided by 3 (-yr. Time line for compliance) =
$155.00 a/year or $13.00 a/month.
Level III Buildings Average cost estimates
17-unit apartment building ~ $650.00 per unit = $11,050
$11,050 divided by 3 (-yr. Time line for compliance) =
$306.00 a/year or $25.00 a/month.
Page 8 of 15 1/28/00
STRATEGIC PLAN FOR ENHANCING LIFE SAFETY
AND FIRE PREVENTION IN KITSAP COUNTY
RECOMMENDATIONS
PART-1
1. SMOKE DETECTORS:
Mandate that battery operated smoke detectors is installed in all bedrooms in all Residential Units in
Bremerton within a 6-month period. This is very affordable and easily implemented.
Mandate that smoke detectors be replaced at a minimum every 10 years.
2. ESTABLISH AN EMERGENCY EVACUATION PLAN:
The Fire Service will develop a plan and guidelines in booklet form, for use by investment property
owners, in their development of fire evacuation plans for their respective investment properties and
the tenants occupying same properties. These guidelines will be made available to all R1 occupancy
owners and managers within an as yet to be determined time frame. Property owners and resident
managers to develop their own fire evacuation plan will use the guidelines.
The investment property owner/resident manager evacuation plan will be submitted to the
respective Fire Services for review/comment/approval and the final plan will be retained as a part of
the Fire Services records. (There shall be no charge for this review) Subsequent to Fire Services
approval the final plan may be posted in all units in the dwelling units and in common hallways and
afftrmatively provided to all tenants and signed for and the landlord will retain as a part of the rental
Agreement. The landlord shall discuss with, and explain to the occupants, the evacuation plan.
Residents shall be encouraged to practice the evacuation plan. (5 units and above only)
The Fire Services will develop a "Tenants Fire Safety Pamphlet" that will contain the most critical
elements of Apartment Fire Safety such as basic fire prevention, smoke alarm maintenance and
escape planning. The pamphlet once developed will be made available to the community and the
Fire Safety Advisory Committee will work to assure that it is made available to Apartment
residents, hotel and motel residents and condo residents.
3. BUILDING FLOOR PLANS TO THE FIRE SERVICES:
Commercial residential owners shall work with fire service to provide a floor plan of their buildings.
These plans can be used by the Fire Services to facilitate any necessary pre fire planning as well as
assisting in the event of an actual fire.
Page 9 of 15 1/28/00
4. Level III BUILDINGS INSPECTION PROGRAM:
All Level III buildings shall be inspected on a frequent cycle not less than annually. The" on site"
inspection would result in the written identification and notification to property owners of violations
or problem areas and constructive suggestions for enhanced life safety improvements that are over
and above the minimum code requirements. All "code violations" identified are subject to appeal
through the appropriate administrative process.
5. FIRE PREVENTION TRAINING:
The Fire Services shall establish a training program, classroom type, for homeowners, tenants,
Landlords and property owners and site managers. The County will establish the equivalent of a
DARE program for fire prevention and Life Safety and provide the resources to accommodate it.
This program will also cover disaster preparedness. This program will be offered throughout the
County a minimum of 4 times/year and taped for rebroadcast on the Countywide Public Access TV
System.
It is possible that the training could be coordinated with the PROA, Puget Rental Owners
Association and conducted with the drug and crime prevention training provided to landlords that is
cm-rently underway. Another model to consider is the Kitsap County Bar annual training program
taught at Olympic College, "Law for the Layman program."
6. LOCK BOXES:
Provide lock boxes for all buildings with common hallways that are locked or any common areas
that the Fire Services need to have access to. This item requires further discussion.
7. APPROPRIATE RECOGNITION:
Apartment owners who pass the fire inspection should be provided some type of certificate or
appropriate recognition that can be proudly displayed and used for marketing if so desired. Need to
establish a very proactive and positive mind set and recognition in the community relative to all
aspects of fire safety.
8. ENHANCE COMMUNITY AWARNESS:
The Kitsap County Fire Chiefs Association should assume responsibility for coordinating
community wide public relations and training program relative to fire prevention and life safety as
relates to the Public. Some of the activities that are already underway and need to continue or
enhanced are as follows:
· Adapt a Countywide fire safety day or week that all the Fire Services participate in jointly. This
could be established during the County Fair week. Create events at the Fair such as a practice
burn, a booth, and a presentation on how to enhance Fire safety for the winter.
Page 10 of 15 1/28/00
· Create media events and Community awareness.
· Engage the kids.
· Issue periodic Press releases and news updates
Produce a fire safety program for the Public Access stations.
Set up information booths at various community events.
Engage elected officials to use their "soapbox" to carry the message of Fire Safety
Assist various nonprofit in writing articles concerning Fire Safety for their newsletters.
Develop and distribute fire safety handouts and fliers at public events and through the mail.
Visit the schools and talk to the kids. Integrate Fire Safety into the school curriculum
throughout the County.
Send out household fire safety bulletins to all households in Kitsap County annually.
Develop Fire prevention messages/bulletins for renters and motel/hotel occupants that can be
provided to them when they assume occupancy.
Develop positive partnerships with nonprofit and use their newsletters and "soap box" to
convey the message. This can be accomplished in part during the next phase of the "Fire
Safety Advisory Committee's" work.
Establish a Kitsap County Web site for Fire Prevention and Life Safety that ties or "links" all of
the Fire Districts together. The Site shall initially include at a minimum the following
information:
1. Description of each of the Fire Services and the number of personnel associated with each.
2. The budget of each of the respective Fire Districts.
3. An explanation of what an ISO rating is the respective rating of each District in the County
and it's affect on constituents.
4. Map of the various County Fire District jurisdictions.
5. Guidelines for homeowner and renter fire prevention and life safety.
6. Periodic updates and summaries of elected officials meetings and what I going on in the
various Fire Districts.
7. Listing of personnel staffing and their function within the Fire Service.
8. Listing of training, equipment and resources available.
9. Additional Worldwide Links relating to Fire Prevention and Life Safety should be
established.
The site should be kept updated as real time as possible with updates on the local Fire Services as
well as major events and changes Nationwide.
10. ESTABLISH A FIRE SAFETY ADVISORY COMMITTEE:
The County elected policy makers, shall by Ordinance, establish a Countywide Fire Safety
Advisory Committee to deal with all R-I occupancy issues as follows:
A. The role of the committee ....
Review all proposed new ordinances relating to Fire Safety prior to submission to the
Elected Policy makers.
Page 11 of 15 1/28/00
Work with the Fire Services to develop strategies to enhance Fire Safety in the Community.
Act as an informal mediator to resolve disputes relative to point assessment on the newly
established Fire Matrix.
>' Work to streamline and standardize all Fire Code requirements throughout the County.
Perform other related duties as deemed necessary by the Commissioners or the Fire
Marshall.
~' Keep the Kitsap County Elected policy makers advised on all Fire Safety matters and
National Fire Safety issues.
} Work to identify additional sources of revenue for the most at risk buildings.
B. The make up of the Committee...
A representative of each of the Fire Services including all of the Cities.
The following community stakeholders:
Investment Property owners
· Innkeepers
· Homeowners
· Commercial
· Condo owners
· Builders
· Housing Authorities
~ A representative of the Building Department Community
C. Administrative matters:
The County Fire Marshal shall chair the Committee.
The term of office for each member shall be for three years.
The County shall provide all necessary administrative support for the Committee.
The County Fire Marshall shall have the authority to direct the establishment of
subcommittees using personnel other than committee members to accomplish assigned tasks
or assign sub-committees to do same.
>' The Committee shall keep records of all meetings and assure the County Commissioners
are advised of all activities.
~' The Committee shall meet at a minimum of three times annually but may be called on at a
more frequent basis as determined by the County Fire Marshal.
11. ADAPT AS A STAND ALONE ORDINANCE:
Whatever recommendations are forthcoming from the Fire Safety Advisory Committee they should
be codified as a stand alone Ordinance. This is much easier for the Public to understand and
necessitates using only one document.
Page 12 of 15 1/28/00
12. COMMUNICATE THE MESSAGE:
The Committee shall develop a means of advising all stakeholders and the general public of the
f'mal revised fire safety policy developed by the committee and adapted by the Elected Policy
makers.
13. NOTIFY PROPERTY OWNERS OF ALL EMERGENCY FIRE SERVICE CALLS TO
THEIR PROPERTY (ACTUAL FIRE AND PROPERTY DAMAGE CALLS ONLY):
The Fire Services should work with the County to develop a common database of names and
addresses of owners and/or site managers. When there is any kind of an emergency Fire Service
call to the property, resulting from an actual fire or property loss, the Fire Services should notify the
responsible property representative of the nature of the call and a copy of the Fire Services report.
This should be provided no longer than a week after the actual call.
Page 13 of 15 1/28/00
PART-2
Adapt an Ordinance that would require the installation of Automatic Fire Sprinklers in residential
rental units of 10 units and above if there was a significant remodel that constituted a rehab of
greater than 50% of the entire building. A similar ordinance was adapted in Tacoma.
Based on a visit from the Tacoma Fire Marshall they have concluded that this is the best, most
affordable method to implement in their community. Most if not all of the Tacoma Community will
be in compliance within 25 years, based on the typical time frames between major upgrades of
commercial real estate
The Tacoma ordinance provides guidance that is both simple, affordable, practical and clearly is in
touch with the economic realities of the community. The financing for installing Automatic Fire
Sprinklers can be planned for as a part of the remodel.
This is a long-term solution that's affordable, and will significantly enhance Fire Safety in Group R,
Division -1 occupancies within the Community.
Page 14 of 15 1/28/00
PART-3
There shall be designated three classes of R-1 (residential) type_building occupancies as follows:
Level-I All residential buildings Less than 3 floors in height and more than 4 dwelling units.
Level-II All residential buildings 3 or more floors in height and less than 17 dwelling units.
Level-III All residential buildings 3 or more floors in height and more than 16 dwelling units.
A Fire Safety assessment Matrix has been developed to determine the relative safety of all Level III
buildings. This matrix assigns points to various Fire Safety attributes of a building and the
community and is provided as enclosure 2.1 of this report. It has been considered desirable that all
Level III buildings shall ultimately attain a score of 80 points or more based on the matrix score.
A. A Fire Alarm system (non-monitored) will be installed in all Level II BUILDINGS. The alarms
are to be fully installed and operational within 36 months of the effective date of the Ordinance.
B. A monitored Fire Alarm with heat detectors will be installed of all living units in all level III
buildings. The system described is to be fully installed and operational within 36 months of the
effective date of the Ordinance.
C. The Fire Services will work to establish a fund to be used on a voluntary basis to assist in
installing Automatic Fire Sprinkler Systems in the most at risk Level III buildings based on the
matrix assessment. This shall take place on a voluntary basis working with the property owner.
The Fire Services in partnership with the Stakeholders will continue to work to locate additional
funding for fire safety enhancements.
Page 15 of 15 1/28/00
~., ScoB.Ra, pnleve. DelmtV F.ire Marshal
817 Pacific Ave. * Breme%~, WA 99337 · (360) 478-5384 * FAX (360) 478-5397
Tuesday, February 01, 2000
Name:
Address:
To whom it may concern:
Our records indicate you are the manager and/or owner of property classified as group R,
Division 1 occupancy. In an effort to advise an assist you in complying with the requirements
imposed by the new fire in life safety ordinance. For your convenience we have enclosed a copy
of ordinance No.
In an effort to enhance life safety in our community. The city of Bremerton city council adopted
ordinance No.. ...... on February . ,2000. Establishing fire and life safety
requirements for existing multi-family residential buildings located within the city of Bremerton.
All buildings classified as group R, Division 1 occupancies constructed prior to July 1 st 1998
must meet requirements of the new ordinance.
The ordinance divides multi-family dwellings into three classifications. These classifications are
based upon Various risk factors such as the number of dwelling units and the building height.
Some of the major features of the ordinance include installing smoke detectors in all sleeping
areas, emergency evacuation plans and fire safety training classes for property owners, managers
and tenants.
Should you have any questions regarding the ordinance and its application please feel free to
contact me at 360-478-5384, or e-mail me at srappleye~ci.bremerton.wa.us
We thank you, in advance, for your assistance and cooperation. We hope you will have a fire
safe day.
Sincerely,
J. Scott Rappleye
Captain Deputy Fire Marshal
Bremerton Fire Marshal
817 Pacific Avenue, Bremerton Washington 98337
(360) 478-5384 FAX (360) 478-7257
Buildings Smoke Detector Installation Certification
(complete one form for each building in your complex)
I hereby attest to certify that in accordance with the city Bremerton ordinance No.
Smoke detectors are properly installed in all bedrooms and hallways leading to bedrooms of my
buildings; in accordance with the manufacturer recommendations, and tested for proper
operation.
Name of complex:
Street address:
City: State: Zip code:
Total number of apartment units in this building:
Name of owner:
Mailing address of owner:
City: State: Zip code:
Telephone number of owner:
Name of person or company installing smoke detectors:
Number of smoke detectors that were existing in this building prior to February 2000:
Number of smoke detectors that have been added to this building after February 2000:
Total number of smoke detectors currently installed in this building:
Date installation was completed: Total cost of new smoke detectors:
signed,
X
Apartment Building Owner/Manager
Level ill (>16 Units & >2 Floor Levels)
Matrix for Fire Safety Assessment for R-1 Occupancies
~:e~. Ad_ .d~..~ ...........................................
1. 'e~ 0uilt 0 0
2. ~nl R~ Y~
~ . :: 0 0
3. Nu~r ~ Uni~ : 0 0
N~ ~ L~s ~g
4. ~ts ~ 0 0
T~ V~ = I ~
5. T~~ T~V-1 = 2 ~ ~V = 2 7~1-I = 3 :: 3
6. ~ ~mti~ 2-~ = 2 ~ = 5 ~ 1~ ~ ~ ~ U~t = 2 5
7. ~St~ ~~a = 2 ~ ~~1 = I 2
8. F~eN~S~ L~=4 : S~=10 : ~~=4 14
9. ~om ~~&~N~ = 1 ~ ~L~=2 ~ ~=4 7
10. ~~t S~ff ~ E~ ~ ~ ~ ~ = 8 8
Fua S~t~ (131 1~) ~ ~ S~
11. F~e~ ~=~ ~=15
12. Fi~ ~li~ Pa~l ~ = 2 ~ ~ = 2 ~ = 5 :: 5
t3. ~V~ ~e~= I T~=2 ~ ~ = 3 ~ F~ =4 4
14. ~~~ ~ = 1 ' T~ = 2 ~ ~ = 3 ~ F~ = 4 4
15. ~Wa~ l~r~~ = 5 ~ = 10 10
16. ~e~ ~ = 0 ~ = 2 >T~ = 3 ~ ~~ = 2 5
~7. w~ S~ ~~ ~ 2
18. W.S.~-~t~ 8-9 = 1 ~ 6-7 = 3
19. ~1S~ - ~ ~ ~ 5
21- F~ ~<1.~ = 4 = ~>1,~ = 8 '=. ~ = 2 . 8
~. S~ ~1 = 3 : ~ a = 2 ~ ~1 = S ~ 5
~ 2
23. ~e F~e ~ ':
COMMENTS:
NOTE: FIRE SAFETY TARGET POINTS ARE SET AT 80. LESS THAN 80 POINTS REQUIRES ADDITIONAL FIRE
_~AFI='I-~ PROVISIONS TO MEET OR EXCEED 80 POINTS