HomeMy WebLinkAbout12/08/04 AGENDA FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 c~ (360) 473-5280 ~ Fax (360) 473-5251
PLEASE NOTE-- THE COUNCIL MEETINGS ARE NOW BEING HELD tN THE NEW
"NORM DICKS GOVERNMENT CENTER" LOCATED AT 345 6
DECEMBER 8, 2004
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROO~,~.
A. GeneralCouncil Business
2. CALL TO ORDER: 5:30 P.M. in COUNCIL CHAMBERS LOCATEO ON F~F~S r FLOC~
A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENT~
4. CONSENT AGENDA
A. Claims & Check Register (#AB04-249)
B. Minutes of Meeting - November 17, 2004 (#AB04-250)
C. Minutes of Meeting - November 23, 2004 (#AB04-251)
5. NEW BUSINESS - There are no New Business Items this week...
6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4920 [Second Reading] authorizing the extension of an Agreement with
BANK OF AMERICA to secure an $800,000 line-of-credit for the Kitsap Conference Center
Bremerton Harborside (#AB04-246)
B. Ordinance No. 4921 [Second Reading[ adopting FY 2005 City of Bremerton Budget
(#AB04-247)
C. Closed Record Hearing on Resolution No. 2948, approving the HABITAT FOR HUMANITY
Preliminary Plat and Planned Unit Development [File No. BP04-00334] (#AB04-252)
7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CONTINUED ON BACK...
B Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in COUfVCI£
CONFERENCE ROOM 603 for a LEGISLATIVE REVIEW MEETING to hear presentations on the following
proposed items. Please note that no action will be taken, and the content of these items are subject
to change...
t. Appointment of Lois E. Hoell to the Planning Commission Directors (There will be no
presentation for this item.., please contact the Mayor ff you have any concerns)
2. Proposal to Purchase Diesel Vehicle Exhaust Extractors for Fire Stations No. 2 & 3 from AIR
EXCHANGE, INC. - Chief Duke, Fire Department
3. Proposal to Purchase 4-WD Tractor for Gold Mountain Golf Complex, utilizing the State Bid for
$21,612.75 - Ken Mickelsen, Director of Parks & Recreation
4. Amendment to Professional Services Agreement with Ed Faulk, Greens Superintendent of
Gold Mountain Golf Complex - Ken Mickelsen, Director of Parks & Recreation
5. Proposed ordinance to annex approx. 8.14 acres, generally bounded on the east side of Pine
Road just South of NE Roswell Drive ("Racus Annexation") to the City of Bremerton - Chris
Hugo, Director of Community Development
6. Proposed ordinance authorizing Kitsap County Consolidated Housing Authority (KCCHA) to
exercise powers of a Public Development Authority - Roger Lubovich, City Attorney
7. Professional Services Agreement with the Law Office of DAVID P. HORTON, INC., P.S. for legal
services - Roger Lubovich, City Attorney
8. Proposed ordinance amending Chapter 3.48 of the Bremerton Municipal Code (BMC),
updating the "Business & Occupation Tax" provisions consistent with EHB2030 - Roger
Lubovich, City Attorney
9. Proposed Ordinance amending FY 2004 Budget - Michael Wilson, Finance Director
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Approval of Claims and Checks Comnfittee Meeting Date:
Register
COUNCIL MEETING Date:
Depm'tment: Financial Services
Presenter: Ca_thy Jol:mson --
Phone: 473-5296
SUMMARY: Consent agenda item. Approval of payroll checks m~d electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to Approve:
1) Check #'s~ through and EFT's __ _through
2) Regular Payroll for the pay period ending_Z/_ ?z~6~f~ in the amount of $
in the amount of $~
3) Retiree Payroll for the pay period ending._ in the amount of $
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
DATE SUBMITTED: BILL # 0 ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL ~[~
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
~oVe_.ndoe~ 17~ ~-e~o~- COUNCIL MEETING Date: ~ec_.~vvlJoo. j-- i5~
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held t4 oV~..w~-0~ 1 '7 ~ ~o~.
ATTACHMENTS: Minutes for NoVE~n&6Or- U'/~ 3.00<{
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FiNANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
CONSENT AGENDA
OPERATIONS:
COUNCIL PRESIDENT: ~ ~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
Digital Download #1981
CITY COUNCIL MEETING MINUTES
Wednesday, November 17, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton,
Washington, on Wednesday, November 17, 2004, at 5:30 P.M., with Council President Daren
Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were
City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Frank Shepherd (representing Reverend Larry Robertson)
of Emmanuel Apostolic Church.
President Ny,qren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M.; and
included a 15-minute Executive Session to "REVIEW LABOR NEGOTIATIONS" per
RCW 42.30.140(4)(b);
2. The Agenda was amended to move Item 5B under the CONSENT AGENDA to Item 6A under
NEW BUSINESS; Item 7C was switched with Item 7D under PUBLIC HEARINGS; and PUBLIC
RECOGNITION was inadvertently left off the agenda, and will be heard prior to COUNCIL MEMBER
REPORTS; and
3. The Council will reconvene in Council Conference Room immediately following the Council
Meeting to review "LODGING TAX ADVISORY COMMITTEE RECOMMENDATIONS"; and to continue
discussion on the "2005 BUDGET".
MAYOR'S REPORT Mayor Bozeman... · Announced that there will be closure of the Lower NAD Park from December 2004 to
March 2005 to investigate the presence of munitions in that area;
· Emphasized that there is a lot of public support for a Fire Museum in the downtown area
and he should have more information on developers soon;
· Provided an update on the condominium projects;
· Attended the Grand Opening of the new offices for Kitsap Transit last night; and
· Provided information on Conference Center activity to show that the economy is benefiting
from its operation.
PUBLIC SERVICE ANNOUCEMENTS - There were no Announcements tonight...
CONSENT AGENDA
A. Check numbers 295275 through 295520 and EFT-6534 through EFT-6535 in the amount
of $1,292,429.83 (#AB04-234)
M/S/C/U (PriestJMcConnell) Move to approve the Consent Agenda as presented.
6A - COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND BREMERTON
POLICE MANAGEMENT ASSOCIATION (#AB04-235): Carol Conley~ Human Resources
Director, mentioned that pursuant to RCW 41.56, negotiations have concluded between
representatives of the City and the Bremerton Police Management Association (BPMA) resulting in
the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed
with Council in Executive Session. This CBA replaces the current one that expired on December
31, 2003. The new CBA is for a one-year term, beginning January 1, 2004 through December 31,
2004. It was ratified by the BPMA membership on November 2004. Council approval is required
to implement this agreement.
Digital Download #1981
City Council Reg. Mtg. Minutes
Wednesday, November 17, 2004
Page 2 of 5
There were no comments from the public.
M/S/C/U (Short/Maupin) Move to approve the Collective Bargaining Agreement by and between
the City and Bremerton Police Management Association, January 1, 2004 through December 31,
2004, and make the necessary amendments to the budget.
7A - P,ESOLUTION NO. 2945 AUTHORIZING AN INTEP,FUND LOAN EXTENSION FROM THE
"EQUIPMENT RENTAL & RESERVE FUND (510)" TO THE "WASTEWATER FUND (451¥' IN
AN AMOUNT NOT TO EXCEED ~2.5 MILLION (#AB04-224): Phil Williams, Public Works &
Utilities Director explained that on January 7, 2004, the City Council authorized the Director of
Financial Services to issue a loan from the ER&R Fund (510) to the Wastewater Fund (451) in an
amount not to exceed $1,500,000. $700,000 was loaned in January 2004, and $400,000 in
February and October to cover cash flow needs in the Wastewater Fund.
A long-term (8-year) financial analysis was completed by an outside consultant (EES) in August
and rate recommendations were forwarded to and passed by City Council. These rate
adjustments were designed to bring the utilities to a stable financial condition over a three year
period. The Wastewater Utility may need the ability to borrow money until the full package of rate
adjustments are in place in 2007; and the last payment is made on the 1994 Revenue Bonds for
the Wastewater Treatment Facility in September 2007 ($2,728,000).
This resolution authorizes the Director of Financial Services to extend the current terms of the
existing loan to include a cap of $2,500,000, and a due date of December 3I, 2005 at the existing
interest rate of 2.5% per annum. An extension of this loan beyond December 31, 2005 would
require separate approval by City Council.
There were no comments from the public.
M/S/C/U (McConnell/Short) Move to approve P,esolution No. 2945 authorizing the Director of
Financial Services to extend the existing interfund loan from the ER&P` Fund to the Wastewater
Fund in an amount not to exceed $2.5 million and a due date of December 31, 2005.
7B - RESOLUTION NO. ~2946 AUTHORIZING AN INTERFUND LOAN EXTENSION FROM THE
"EQUIPEMENT RENTAL & RESERVE FUND (510)" TO THE ULID NO. 2002-01 FUND IN AN
AMOUNT NOT TO EXCEED ~500~000 (#AB04-225): Phil Williams, Public Works & Utilities
Director mentioned that there is an outstanding loan from the EP,&R Fund (Fund 510) of the ULID
2002-1 Fund (Fund 308) in an amount not to exceed $1,056,384 and with an expiration date of
March 1, 2004 (Resolution No. 2899). The project is now complete and final costs are known. The
project was able to complete construction while borrowing only $500,000 from the approved
interfund loan. The project must now be closed out and bonds sold to pay the balance owing the
ER&P, Fund. Any delay in getting the project to this point and an extension of the due date is
needed. It is requested City Council authorize the Director of Financial Services to extend the due
date for repayment of the existing interfund loan from the EP,&R Fund to March 1, 2005 and
reduce the authorized amount to $500,000.
There were no comments from the public.
M/S/C/U (Short/Robinson) Move to approve Resolution No. 2946 authorizing the Director of
Financial Services to extend the due date for the existing interfund loan from the EP,&P, Fund to
the ULID No. 2002-1 Fund to March 1,2005; and reduce the authorized amount to $500,000.
7C - ORDINANCE [FIRST READING~ ADOPTING A NEW BREMERTON COMPREHENSIVE
PLAN AND RESCINDING EXISTING PLANS (#AB04-231): Chris Hu,qo, Director of Community
Digital Download #1981
City Council Reg. Mtg. Minutes
Wednesday, November 17, 2004
Page 3 of 5
Development stated that the proposed ordinance adopts the new 2004 City of Bremerton
Comprehensive Plan. The Comprehensive Plan is the result of nearly three years of community
participatory activity conducted under the City's Shaping Bremerton "Public Participation Program"
adopted by City Council in 2002 to guide development of the Plan. The proposed new Plan
represents a completely new direction for the development of the City over the next 20 years and
relies on a growth strategy that employs new centers of growth as a primary method for bringing
new vitality to Bremerton. The 2004 Comprehensive Plan meets all requirements for updating
comprehensive plans under the Growth Management Act (GMA). The GMA sets a deadline of
December 1, 2004, for plan updates. The ordinance also rescinds all prior plans that are
inconsistent with the direction of the new Plan. He added that bicycle improvements as discussed
at previous meetings would be studied and addressed in 2005.
Richard Neff provided comments in favor of this Draft Comprehensive Plan; and complimented
the Planning Staff for their efforts through the public process. He did, however, note that he had
one particular concern with the Plan, which he would convey in a letter later this week.
William Palmer, Land-Use Planning Consultant, was here on behalf of the owner of the Super 8
Motel, to convey their concerns that the owner of this property has not been able to expand due to
current restrictions of the Comp Plan. Mr. Hugo stated that a new designation "Freeway
Commercial" has now been added to the new Plan, which will open up new options. He offered to
discuss this in detail with anyone who wanted to contact his office at (360) 473-5275.
Judith Freibur,q-Nerf also participated in the Shaping Bremerton sessions for the Comp Plan
during the last several years, and thanked everyone for their professionalism throughout the
process.
Susan Brown explained that she too, was very involved in the public process the last several
years, and noted that she was very impressed with the staff involved with this project.
Mr. Huqo distributed a memo to address "Bicycle Facilities and the Draft Comprehensive Plan";
and noted that the City is allowed to amend the Comprehensive Plan every two years, and the City
is on an "even-year" cycle, meaning the next process will take place in the year 2006.
Council members provided discussion and comments regarding the Draft Comprehensive Plan, as
well as the public process to develop this plan prior to the vote...
M/S/C/U (Arends/Maupin) Move to approve ordinance on first reading, adopting the new 2004
Bremerton Comprehensive Plan.
7D - ORDINANCE NO. 4916 [SECOND READING] ESTABLISHING THE PROPERTY
LEVY AMOUNTS TO BE COLLECTED FOR 2005 (#AB04-230): The first reading of this
ordinance was heard on November 3, 2004.
There were no comments from the public.
M/S/C (Priest/Robinson) Move to pass Ordinance No. 4916 on second reading.
Voted in favor of Motion: Arends, Maupin, Short, McConnetl, Priest, Shepherd, Robinson, Nygren
Voted opposed to Motion: Gehring
Motion carried: 8-Yes; 1-No
7E - CONTINUED PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2005 CITY OF
BREMERTON BUDGET (#AB04-232): This hearing was continued from November 3, 2004 to
Digital Download #1981
City Council Reg. Mtg. Minutes
Wednesday, November 17, 2004
Page 4 of 5
allow public comment on the proposed "FY 2005 Budget". There will be no action taken on this
item by the City Council.
There were no comments from the public.
PUBLIC RECOGNITION
Susan Brown expressed her concern that the Council has been "slowly eliminating" public
participation. President Nyqren clarified that the process was changed to move "Public
Recognition" to the end of the meeting because it was more realistic to address the issues on the
agenda then allow for comments not related to immediate city business.
Floyd Brown Head of Security at the Bremerton School District, expressed his concern that a
skateboard park is needed for the safety of the youth in the City. President Ny.qren was pleased
to announce that a skateboard park was currently under construction and should be ready by next
year; but that a "temporary" skateboard park in the meantime was probably not possible due to
liability issues. Mr. Maupin expressed concerns over safety.
Larry Taylor expressed his concern with the project at the end of 25th & Snyder, and possible
violations with the Shoreline Master Plan. President Ny.qren requested that Mr. Taylor provide
contact information so a follow-up with staff could be done.
COUNCIL MEMBER REPORTS
Brad GehrinR was proud to attend several events on Veterans Day.
Cecil McConnell thanked all of the citizens who voted in favor of the changes to the Bremerton
City Charter, explaining that it will help the City conduct business moro efficiently.
Wendy Priest announced that a District 4 and 5 Community Meeting will be held on Thursday,
December 2 from 6:00 to 7:30 P.M. in the City Council Conference Room 603 at Bromerton City
Hall located at 345 6th Street to consider the "2005 Budget", "Redevelopment of the Southcoast
Apartment Block", and to have a "Tour of City Hall".
Mike Shepherd asked that citizens contact him at 473-5280 if interested in signing a petition to
ensure ethical treatment of animals.
Dianne Robinson enjoyed the Grand Opening of the Kitsap Transit Center; and planned on
contacting residents of Anderson Cove to address problems specific to that area.
Carol Arends enjoyed attending the Grand Opening for Kitsap Transit.
Will Maupin was impressed by the design at the new Kitsap Transit offices.
Mike Short clarified that Austin and Shorewood Drives would remain open during the NAD Park
closure provided that the areas near the road were found to be clear of munitions; and announced
that the 6th Annual Winterfest and First Friday Artwalk would be held on Friday, December 3r~ from
5:00 to 8:00 P.M at 6th Street and Pacific Avenue.
Daren Nyqren mentioned that the Treelighting Festival in the Manette area will be also be held on
December 3"~ and wou~d provide more information at a later meeting; and asked that any citizens
interested in establishing a dog park to contact him at 473-5280.
5
Digital Download #1981
City Council Reg. Mtg. Minutes
Wednesday, November 17, 2004
Page 5 of 5
With no further business, the meeting of the City Council was adjourned at 7:02 P.M. Council
reconvened in Council Conference Room 603 for a Study Session to review "LODGING TAX
ADVISORY COMMI~-I-EE RECOMMENDATIONS"; and to continue discussion on the proposed "FY 2005
BUDGET".
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
DN/P JIIslcge
DATE SUBMITTED: BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
~ o~/~.~o~r- gkz3, o~-oo{ COUNCIL MEETING Date:
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held lqc~ge_.V~om~
ATTACHMENTS: Minutes for bjo~/0~oAoo_~ 2l-3 ~ ,2oo~
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FiNANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ~ ~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
CO[~CIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Tuesday, November 23, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton,
Washington, Tuesday, November 23, 2004, at 5:30 P.M., with Council President Daren Nygren
presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson,
Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney
Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson.
The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided
by Reverend Richard Stone of West Sound Unity Church.
President Ny.qren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM;
2. The Council meeting was being held tonight, on Tuesday, due to the Thanksgiving Holiday this
week;
3. The Council will hold a Study Session on Monday, November 29 from 5:00 to 7:00 PM to continue
their discussion on the "FY 2005 City of Bremerton Budget"; and
4. Council will reconvene in Council Conference Room 603 immediately following the regular Council
meeting to hear presentations on upcoming agenda items.
PUBLIC SERVICE ANNOUNCEMENTS - There were no Announcements made tonight...
CONSENT AGENDA
A. Check numbers 295527 through 295702 and EFT-6537, EFT-6539 through EFT-6544; EFT-
6546 through EFT-6556, and EFT-6558 in the amount of $648,358.31; and Regular Payroll in
the amount of $654,246.92 for the period ending November 15, 2004. (#AB04-236)
B. Minutes of Meeting - October 20, 2004 (#AB04-237)
C. Minutes of Meeting - October 27, 2004 (#AB04-238)
D. Setting the Salary Level for Mark McLaughlin, Budget Analyst for the Department of Financial
Services at Pay Band 10, Rate 4 (#AB04-239)
M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
6A- ORDINANCE [FIRST READING1 AMENDING CHAPTER 3.50 OF THE BREMERTON
MUNICIPAL CODE~ DECREASING THE CABLE UTILITY TAX FROM 8.5% TO 7% FOR 2005
(#AB04-240): Michael Wilson, Finance Director, explained that the proposed ordinance amends
Chapter 3.50 of the Bremerton Municipal Code to decrease the utility tax rate for cable utilities from
8.5% to 7% for the year 2005.
There were no comments from the public.
M/S/C/U (McConnell/Short) Move to approve ordinance on first reading, decreasing the cable utility
tax to 7% for the year 2005.
6B - ORDINANCE [FIRST READING1, AMENDING CHAPTER 3.01 OF THE BREMERTON
MUNICIPAL CODE, UPDATING RATES AND FEES FOR 2005 (#AB04-241): Michael Wilson,
Finance Director, summarized that the proposed ordinance amends Rate Tables E and F of Chapter
3.01 of the Bremerton Municipal Code to update the rates and fees for the Fire Department, Parks &
Recreation Department, and Gold Mountain Golf Complex. All other rates and fees remain
unchanged for 2005.
DIGITAL RECORDING
City Council Reg. Mtg. Minutes
Tuesday, November 23, 2004
Page 2 of 2
Ken Michelson,, Parks & Recreation Director explained that some changes are being proposed to the
Parks and Recreation fees. One area to be addressed is facility rental rates. Another area to be
addressed is fees charged at the Gold Mountain Golf Course. He clarified that fees are not
necessarily being increased, but setting a not-to-exceed amount would provide some flexibility if fees
needed to be raised at a later time.
There were no comments from the public.
MISIClU (McConnell/Arends) Move to approve ordinance on first readin9, amending Rate Tables E
and F of Chapter 3.01 of the Bremerton Municipal Code to update the rates and fees for the Fire
Department, Parks & Recreation Department, and Gold Mountain Golf Complex for the year 2005.
With no further business, the meeting of the City Council was adjourned at 5:37 PM. The Council
then reconvened in Council Conference Room 603 for a LEGISLATIVE REVIEW SESSION to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
CHRISTINE GRENIER ELLINGSON
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President, City of Bremerton
DN/PJ/Is/cge
DATE SUBMITTED: November 10, 2004 BILL
AGENDA BILL
CITY OF BREMERTON (-OA
CITY COUNCIL
SUBJECT: Public Hearing and Ordinance Committee Meeting Date: November 23, 2004
authorizing the extension of an agreement COUNCIL MEETING Date: December 2 ~ 8, 2004
with Bank of America to secure an $800,000 Department: Financial Services
line of credit for the Conference Centec Presenter: Michael R. Wilson
0~'~= 4~Z-O Phone: 473-5590
SUMMARY: The Conference Center needs to extend and increase the amount of interim financing
to pay for pre-opening operating costs and initial capital expenses and to fund operating deficits for
the new Kitsap Conference Center at Bremerton Harborside. The City's bank, Bank of America, has
submitted a proposal for the extension of an $800,000 line of credit for the conference center. This
line of credit will be a varibale rate issue (based onIrime rate minus 79 basis points) through issuance
of general obligation bonds.
ATTACHMENTS: I) Conference Center financial Clan (BofA line of credit proposal), and 2)
Conference Center 10-year operating budget
FISCAL IMPACTS (Include Budgeted Amount): The Conference Center Operating Fund shall
repay this line of credit through the use of General Fund monies, hotel/motel taxes and conference
center revenues. The fiscal impact will be: 1) repayment likely coming from the General Fund, 2)
quarterly payments of approx. $33,333 for a six-year term and an average annual interest payments of
$15,500.
APPROVALS: /
DEPARTMENT DIRECTOR: Lt,~_~<'
CITY ATTORNEY'
FINANCE DIRECTOR: "~-~.. '~ ~,.~ ~:iOe~_______~
MAYOR: ( '- '~
FISCAL/BUDGET: ~ ,(,_ :,~'Z k'~,~-~.?
OPERATIONS: ~ :--~;~. u~:~: ...... ~ CONSENT AGENDA []
COUNCIL PRESIDENT: '~7~'~a.,'.~...-
RECOMMENDED MOTION:
Move to pass Ordinance No. 4920 on second reading, authorizing the Mayor to execute
an agreement with the BANK OF AMERICA for securing an $800,000 line of credit to fund
the pre-opening, and initial operating and capital expenses for the KITSAP CONFERENCE
CENTER AT BREMERTON HARBORSIDE.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
10
CITY OF BREMERTON, WASHINGTON
ORDINANCE NO. qq~O
AN ORDINANCE of the City of Bremerton, Washington relating to the
incurmnce of indebtedness; providing for the sale and issuance of a limited tax general
obligation bond, 2004, in a principal amount not to exceed $800,000 to establish a non-
revolving line of credit (converting to term loan) to finance the first year start up costs
of the Kitsap Regional Conference Center; providing for the date, form, terms,
registration privileges, maturity, interest rate and covenants of the bond; establishing a
debt service account for the bond; and providing for the delivery of such bond to Bank
of America, N.A., Seattle, Washington, in exchange for such line of credit.
WHEREAS, the City of Bremerton, Washington (the "City") has constructed the Kitsap
Regional Conference Center (the "Conference Center") in the City which is owned and operated by the
City; and
WHEREAS, RCW 39.46.050 authorizes local governments to establish lines of credit with any
qualified public depository to be drawn upon in exchange for its obligations; and
WHEREAS, the City deems it necessary and advisable that that the City incur indebtedness and
issue its limited tax general obligation bond in a principal amount not to exceed $800,000 to establish a
non-revolving line of credit to finance the first year start up costs of the Conference Center, with such
line of credit to convert after one year to a fully-amortizing six-year term loan; and
WHEREAS, the incurrence of indebtedness by the City will not cause the total indebtedness of
the City to be incurred without the assent of the voters of the City to exceed the limitations set forth in
Chapter 39.36 RCW, and
WHEREAS, Bank of America, N.A. (the "Bank") has submitted a commitment to establish a
nonrevolving line of credit, converting to a term loan, on the terms and conditions set forth herein in
exchange for the bond; and
WHEREAS, the City Council deems it in the best interests of the City to accept such off'er, to
deliver the bond to the Bank and to establish such line of credit; now therefore,
THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following terms shall have the following
meanings:
"Bank" means Bank of America, N.A.
"Bond" means the "City of Bremerton, Washington, Limited Tax General Obligation Bond,
2004" authorized by this ordinance.
1
11
"Bond Account" means the Linfited Tax General Obligation Bond Account, 2004 created in the
Conference Center Operating Fund in this ordinance.
"Bond Register" means the registration books for the Bond Tnaintained by the City.
"City" means the City of Bremerton, Washington.
"Code" means the Internal Revenue Code of 1986, as amended, together with all applicable
regulations thereunder.
"Conference Center" means the Kitsap Regional Conference Center.
"Draw Request" means the written request by any person authorized to make a draw from the
Line of Credit, as more fully described in Section 4 of this ordinance.
"Finance Director" means the City's Director of Finance.
"Hotel-Motel Taxes" shall mean those revenues received by the City derived from excise taxes
imposed by the City pursuant to chapter 67.28 RCW on charges made for lodging within the City.
"LIBOR Interest Rate Period" means a period between one month and twelve months in length,
but not exceeding the maturity date of the Bond, consisting of one-month increments, specified in a
Request for Draw or a notice of change to the LIBOR Rate Mode. The first day of the LIBOR Interest
Rate Period must be a London Banking Day. The date of the last day of the LIBOR Interest Rate
Period and the actual number of days during the interest period will be determined by the Bank using
the practices of the London inter-bank market.
"LIBOR Portion" means each portion of principal of the Outstanding Principal Balance of the
Bond accruing interest in the LIBOR Rate Mode.
"LIBOR Rate" means the average per annum interest rate (rounded upwards, if necessary, to
the nearest 1/100 of 1%) at which U.S. dollar deposits would be offered for a period equal to the
LIBOR Interest Rate Period starting on that day by major banks in the London inter-bank market, as
shown on the Telerate Page 3750 (or any successor page) at approximately 11:00 a.m. London time,
two London Banking Days before the commencement of the interest period. If such rate does not
appear on the Telerate Page 3750 (or any successor page), the rate for that LIBOR Interest Rate Period
will be determined by such alternate method as reasonably selected by the Bank. The actual first and
last days of the LIBOR Interest Rate Period will be determined by the Bank using the practices of the
London inter-bank market, taking into account any days on which banks are required or permitted to
be closed in New York or London.
"LIBOR Rate Mode" means the mode during which a LIBOR Portion bears interest at a rate
equal to 65% of the LIBOR Rate, plus a spread of .99%, for the duration of the LIBOR Interest Rate
Period selected, calculated on the basis of actual number of days elapsed over a year of 360 days.
"Line of Credit" means the non-revolving line of credit, to be termed out over six years,
authorized by this ordinance to be established with the Bank.
2
12
"London Banking Day" means a day on which Bank's London Banking Center is open for
business and dealing in offshore dollars.
"Net Revenue" means the Revenue less Operation and Maintenance Expenses.
"Operation and Maintenance Expenses" shall mean all reasonable expenses incurred by the
City in causing the Conference Center to be operated and maintained in good repair, working order and
condition, including without limitation: management fees or other payments to third parties payable in
respect of the operation of the Conference Center; personnel costs; the cost of ordinary maintenance
and repair; utilities; supplies; food and beverage service and supply costs; equipment purchase and
lease payments; administrative expenses; the costs of advertising, marketing and business promotion;
deposits, premiums, assessments or other payments for insurance; taxes and assessments; all as
determined in accordance with generally accepted accounting principles applicable to the City and its
operations. The term Operation and Maintenance Expenses does not include any depreciation of or
capital expenditure for the Conference Center.
"Outstanding Principai Balance of the Bond" means the aggregate of all funds that the City has
drawn from the Line of Credit pursuant to the Bond less the aggregate of all principal payments on the
Bond made by the City.
"Owner" means the person who is named as the registered owner of the Bond on the Bond
Register.
"Paying Agent" means the City in its capacity as paying agent for the Bond.
"Prime Rate" means the interest rate designated and published by the Bank as its prime rate, as
such prime rate may change. The Prime Rate is set by the Bank based on various factors, including the
Bank's cost and desired return, general economic conditions and other factors, and is used as a
reference point for pricing some loans. The Bank may price loans to its customers at, above, or below
the Prime Rate. Any change in the Prime Rate shall take effect at the opening of business on the day
specified in the public announcement of a change in the Prime Rate.
"Prime Rate Mode" means the mode during which the Outstanding Principal Balance of the
Bond not constituting a LiBOR Portion bears interest at a variable rate equal to 65% of the Prime Rate,
minus a spread of 0.79%, calculated on the basis of actual number of days elapsed over a year of 365-
366 days.
"Project" means the payment of all or part of the start up costs of the Conference Center,
including but not limited to, the first year of the pre-opening management services expenses and
furnishings and equipment for the Conference Center.
"Purchase Offer" means the commitment letter dated November 30, 2004 from the Bank to the
City to provide the Line of Credit in exchange for the Bond under the terms and conditions set forth in
this Ordinance.
"Registrar" means the City in its capacity as registrar and transfer agent for the Bond.
3
13
"Revenue" shall mean all earnings, revenue and money received by the City from or on account
of the operation and/or ownership of the Conference Center, including the income from investments of
money in the Conference Center Operating Fund or from any other investment thereof (except the
income from investments irrevocably pledged to the payment of the Bond pursuant to a refunding or
defeasance plan).
Section 2. Finding, Purpose and Description of Bond. The City authorizes the sale and
issuance of its "Limited Tax General Obligation Bond, 2004" (the "Bond"), to finance the Project and
to pay the "incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070)
of the Bond.
The Bond shall be issued as a single bond in the principal amount not to exceed $800,000; shall
be dated the date of the first Draw Request thereunder; shall be issued in fully registered form as to
both principal and interest; and shall be numbered in such manner and with any additional designation
as the Registrar, deems necessary for purposes of identification. The Bond shall mature on
December ,2011.
Portions of principal under the Bond shall bear interest in one of two variable rate modes (the
LIBOR Rate Mode or the Prime Rate Mode), as determined by the Finance Director. Amounts drawn
on the Bond pursuant to a Draw Request shall bear interest in the Prime Rate Mode unless the LIBOR
Rate Mode is elected. The City hereby delegates to the Finance Director authority to convert portions
of the Outstanding Principal Balance of the Bond from one interest rate mode to the other as follows:
(a) In order to request a conversion to the LIBOR Rate Mode (or to specify a new LIBOR
Interest Rate Period for the Bond), the Finance Director shall give notice of a mode change or
extension to the Bank no later than 12:00 noon, Pacific time, on a London Banking Day that is at least
three London Banking Days before the new LIBOR Interest Rate Period. Each such LIBOR Portion
shall be an amount in excess of $250,000.
(b) In order to request a conversion to the Prime Rate Mode, the Finance Director shall give
notice of the mode change to the Bank by l:00 p.m., Pacific time, on the day on which the mode is to
be changed.
Each LIBOR Portion shall automatically be converted to the Prime Rate Mode after the
expiration of the LIBOR Rate Period if no new LIBOR Rate Mode is timely specified in accordance
with this paragraph. The notice of a mode change or extension shall be substantially in the form
attached as Exhibit B. The notice of a conversion to, or extension of a LIBOR Rate Mode shall specify
the selected LIBOR Interest Rate Period, as applicable, and applicable dollar amount.
Interest on the Outstanding Principal Balance of the Bond shall accrue from the date such
principal is drawn under the Bond until paid. Interest shall be payable quarterly, on each March 1,
June 1, September I and December 1, beginning March 1, 2005, until maturity or prior prepayment of
the Bond. Interest on any principal prepaid shall be paid upon prepayment. Principal on the
Outstanding Principal Balance of the Bond shall be paid in quarterly installments on each March 1,
June l, September 1 and December 1, beginning March I, 2006 to the maturity or prior prepayment of
the Bond. The amount of such principal installments shall be set in an amount equal to the
Outstanding Principal Balance on the Bond on December 1, 2005, divided by 24.
Section 3. Place, Manner and Medium of Payment. Both principal of and interest on the Bond
shall be payable by the City in lawful money of the United States of America. Interest on the Bond
and principal installment payments and any prepaid principal thereof shall be paid by check or draft
mailed on or before the applicable payment date to the Owner at the address for such Owner appearing
on the Bond Register on the day such payment is made; provided, that the Owner may be paid
principal and interest by wire transfer to an account in the United States, but only if such Owner makes
a written request of the Paying Agent, received before the close of the Paying Agent's business on the
business day immediately preceding the date scheduled for payment of such principal and interest,
which request shall specify the account number and address which request may provide that it remain
in effect until changed or revoked in writing. The final principal installment of the Bond, together with
all interest accrued thereon, shall be paid at maturity to the Owner at the address for such Owner
appearing on the Bond Register on the day such payment is made. Upon request of the City following
receipt of such final principal payment, the Owner shall surrender of the Bond at the office of the
Paying Agent. The Registrar shall keep sufficient books for the registration and transfer of the Bond.
The Outstanding Principal Balance of the Bond on any particular day shall be the aggregate of
all funds that the City has drawn from the Line of Credit from the date of the Bond to that day less the
aggregate of all principal payments made by the City on or before that day. Interest on a particular
principal amount so advanced shall be determined from the date of the advance of Bond proceeds
pursuant to a Draw Request.
Section 4. Draw Requests. The City may make multiple Draw Requests under the Line of
Credit for the purpose of obtaining funds to pay the costs of the Project and to pay the incidental costs
and costs related to the sale and issuance of the Bond. The Draw Requests may be made to be
effective on any business day prior to December 1, 2005; provided, that the first Draw Request shall be
accompanied by the Bond and the other documents described in Section 13 hereof. Draw Requests are
not subject to approval by the Bank, but shall be limited to an aggregate outstanding principal amount
of $800,000. No Draw Request may exceed the total Project costs and issuance costs to be paid from
the proceeds of such Draw Request, and such proceeds shall be immediately applied to pay such costs.
Amounts drawn pursuant to Draw Requests shall be recorded in such form as the City and the Bank
shall agree. Any Draw Request to be made in the LIBOR Rate Mode must be in a minimum principal
amount of $250,000.
The Finance Director or such other person as the Finance Director may designate are hereby
authorized to make a request for draw pursuant to the Bond. A Draw Request shall be made in writing
signed by any one of such authorized persons at any time prior to December 1, 2005.
Section 5. Prepayment. The Bond shall be subject to optional prepayment prior to maturity, in
whole or in part on any date, plus accrued interest to the date fixed for prepayment. There shall be no
prepayment fee for prepayment of portions of the Bond bearing interest in Prime Rate Mode or if a
LIBOR Portion is prepaid on an interest rate reset date. The Bond shall be subject to a prepayment fee
if a LIBOR Portion is prepaid prior to its interest rate reset date. Such prepayment fee shall be
calculated in accordance with Exhibit C hereto.
Section 6. Debt Limit Not Exceeded. The City finds and covenants that the Bond is issued
within all constitutional and statutory debt limitations presently applicable to the City.
Section 7. Pledge of Full Faith, Credit and Resources; Hotel-Motel Taxes; Revenue of
5
Convention Center. The Bond is a limited tax general obligation of the City. Unless the principal of
and interest on the Bond is paid from other sources, so long as the Bond is outstanding, the City hereby
irrevocably covenants to make annual levies of taxes upon all property within the City subject to
taxation without a vote in amounts sufficient, together with any other money legally available therefor,
to pay such principal and interest as the same shall become due. The City hereby irrevocably pledges
its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt
payment of such principal and interest.
The City hereby irrevocably covenants that the annual tax provided for herein to be levied for
the payment of the principal of and interest on the Bond shall be within and as a part of the tax levy
permitted the City without a vote and that a sufficient portion of each such annual tax levy to be made
so long as the Bond is outstanding, together with any other money legally available therefor, will be
and is hereby set aside, pledged and appropriated for the payment of the principal of and interest on the
Bond as the same shall become due.
The Net Revenue and Hotel-Motel Taxes are hereby pledged, for the equal and ratable benefit
of the Owner of the Bond, as security for payment of the principal of and premium, if any, and interest
on the Bond, subject to the provisions of this Ordinance permitting the application of amounts held
hereunder to the purposes set forth herein. Such pledge is hereby declared to be a prior lien and charge
on the Net Revenue superior to all other liens and charges of any kind or nature whatsoever.
Section 8. Form of Bond. The Bond shall be typewritten, printed or lithographed on good
bond paper in a form consistent with this ordinance and Washington law.
Section 9. Execution of Bond. The Bond shall be signed on behalf of the City with the
facsimile or manual signatures of the Mayor and the City Clerk, and shall have the seal of the City
impressed or a facsimile of such seal imprinted on the Bond.
In case either or both of the officers who shall have executed the Bond shall cease to be such
officer or officers of the City before the Bond so signed shall have been delivered by the Registrar or
issued by the City, such Bond nevertheless may be authenticated, delivered and issued and upon such
authentication, delivery and issuance, shall be as binding upon the City as though those who signed the
same had continued to be such officers of the City. The Bond also may be signed and attested on
behalf of the City by such persons as at the actual date of execution of the Bond shall be the proper
officers of the City although at the original date of the Bond such persons were not such officers of the
City.
Section 10. Registration; Nontransferability. The City shall keep, or cause to be kept, at the
Finance Director's office, the Bond Register.
The City may deem and treat the Owner of the Bond as the absolute owner thereof for all
purposes, and the City shall not be affected by any notice to the contrary. Payment of the Bond shall
be made only as described in Section 3 hereof. All such payments made as provided in Section 3
hereof shall be valid and shall satisfy and discharge the liability of the City upon the Bond to the extent
of the amount or amounts so paid.
The City covenants that, until the Bond shall have been surrendered and cancelled, it will
maintain a system of recording the ownership of the Bond that complies with the provisions of the
6
Code.
The registered ownership of the Bond may not be transferred, except for transfer to a successor
in interest to the Owner as a result of merger or consolidation.
Section 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond becomes mutilated, lost,
stolen or destroyed, the City may authenticate and deliver a new Bond of the same maturity and
interest rate and of like tenor and effect in substitution for such mutilated, lost, stolen or destroyed
Bond, all in accordance with law. If such mutilated, lost, stolen or destroyed Bond has matured, the
City at its option, may pay the same without the surrender of the original Bond. However, no such
substitution or payment shall be made unless and until the applicant shall furnish (a) evidence
satisfactory to the City of the destruction or loss of the original Bond and of the ownership of such
original Bond, and (b) such additional security, indemnity or evidence as may be required by or on
behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City
and the City for their respective expenses in the furnishing of such substitute Bond. Any such
substitute Bond so furnished shall be equally and proportionately entitled to the security of this
ordinance with any other Bond issued under this ordinance.
Section 12. Defeasance. If money and/or "government obligations" (as such obligations are
defined in Chapter 39.53 RCW, as now in existence or later amended) maturing at such times(s) and
bearing such interest to be earned on such obligations (without any reinvestment thereof) as will
provide a series of payments which shall be sufficient, together with any money initially deposited, to
provide for the payment of all of the principal of and interest on all or a portion of the Bond, when due
in accordance with its terms in accordance with a refunding plan adopted by the City, are set aside in a
special fund (hereinafter called the "trust account") to effect such payment and are pledged irrevocably
for the purpose of effecting such payment, then no further payments need be made into the Bond Fund
for the payment of the principal of and the interest on such Bond, the Owners thereof shall cease to be
entitled to any lien, benefit or security of this ordinance except for the right to receive the money and
the principal and interest proceeds on the obligations set aside in the trust account, and such Bond shall
no longer be deemed to be outstanding under this ordinance.
Section 13. Sale of the Bond. The Bank has proposed to purchase the Bond under the terms
and conditions provided in the Purchase Offer, a copy of which is attached hereto as Exhibit A, and is
incorporated herein by this reference. The City Council finds that accepting the Purchase Offer is in
the Town's best interest and therefor accepts the offer contained in the Purchase Offer and authorizes
the execution of the Purchase Offer by the Mayor of the City.
The Bond will be prepared at City expense and will be delivered to the Bank in accordance
with the Purchase Offer, together with: (a) the approving legal opinion of Gottlieb, Fisher & Andrews,
PLLC, bond counsel, of Seattle, Washington, and (b) a copy of this Ordinance. Bond counsel has not
been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any
federal law or regulations to maintain the tax-exempt status of the interest on the Bond. The City shall
pay to the Bank a loan fee of $1,500 upon delivery of the Bond, and pay or reimburse Bank for the
payment of the Bank's legal fees incurred with respect to the Line of Credit.
The proper City officials, including the Finance Director, are authorized and directed to do
everything necessary for the prompt issuance, execution and delivery of the Bond to the Bank in
accordance with the Purchase Offer, and for the proper application and use of the proceeds of the sale
7
thereof.
Section 14. Delivery of Bond. The proper City officials, including the Finance Director, are
authorized and directed to execute and/or approve, as appropriate, all documents, and to do everything
necessary for the preparation and delivery of a transcript of proceedings pertaining to the Bond, and
the preparation, execution and prompt delivery of the Bond to the Bank and for the proper application
and use of the proceeds of the sale thereof.
Section 15. Establishment of Bond Account; Application of Bond Proceeds. There is hereby
created and established in the office of the Finance Director a special account to be designated as the
"Limited Tax General Obligation Bond Account, 2004" (the "Bond Account") in the Conference
Center Operating Fund.
The money and investments in the Bond Account shall be used by the City, together with any
other money legally available and designated therefor, to pay the principal of and interest on the Bond,
when due.
Net principal proceeds of the Bond shall be deposited, upon receipt, in the Conference Center
Operating Fund, and shall be applied solely to pay part of the costs of the Project and the incidental
costs and the costs of issuance of the Bond.
Except as provided by the Code and Section 15 of this ordinance, the interest and profits
derived from the investment of Bond proceeds deposited into the Conference Center Operating Fund
shall be deposited in the Conference Center Operating Fund and applied as described in the preceding
paragraphs.
Except as provided by the Code and Section 16 of this ordinance, if any money allocable to the
Bond proceeds in the Conference Center Operating Fund remains in such fund the after payment of all
the costs of the Project or after termination of the Project by the City, such money shall be transferred
to the Bond Account. Pending application as described in this Section 14 and subject to the
requirements of the Code and Section 16 of this ordinance, money in the Conference Center Operating
Fund may be temporarily deposited in such institutions or invested in such investments as may be
lawful for the investment of City funds.
Section 16. Tax-Exemption Covenants. The City covenants that it will not take or permit to be
taken on its behalf any action that would adversely affect the exclusion of the interest on the Bond
from gross income for purposes of federal income taxation, and will take or require to be taken such
acts as may be permitted by Washington law and as may from time to time be required under
applicable law to continue the exclusion of the interest on the Bond from gross income for purposes of
federal income taxation. Without limiting the generality of the foregoing, the City will not invest or
make or permit any use of the proceeds of the Bond or of its other money at any time during the term
of the Bond which would cause the Bond to be an "arbitrage bond" within the meaning of section 148
of the Code.
The City further covenants that, if the City issues more than $5 million in tax-exempt bonds in
the calendar year 2004, the City shall calculate or cause to be calculated, and shall rebate to the United
States, all earnings from the investment of Bond proceeds that are in excess of the amount that would
have been earned had the yield on such investments been equal to the yield on the Bond, plus income
8
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derived from such excess earnings, to the extent and in the manner required by section 148 of the
Code.
The City has not been notified of any listing or proposed listing by the Internal Revenue
Service to the effect that the City is a bond issuer the arbitrage certifications of which may not be
relied upon.
The City will take no actions and will make no use of the proceeds of the Bond or any other
funds held under this ordinance which would cause the Bond to be treated as a "private activity bond"
(as defined in section 141(b) of the Code) subject to treatment under said section 141(b) as an
obligation not described in section 103(a) of the Code, unless the tax exemption thereof is not affected.
The City hereby designates the Bond as a "qualified tax-exempt obligation" for purposes of
Section 265 of the Code (relating to the deduction by financial institutions of the interest incurred to
carry tax-exempt debt) and authorizes and directs the proper City officials to execute and deliver all
documents necessary to evidence such designation to any and all interested parties. The City further
covenants not to issue more than $10,000,000 of such "qualified tax-exempt obligations" during 2004.
Section 17. Financial Reports. The City agrees to provide the Bank (a) a copy of the City's
annual State Audit Report as soon as such report is available, with unaudited annual financial
statements within 180 days of the completion of each fiscal year; (b) a copy of the City's annual
budget within ninety days of the budget cycle; and (c) semi-annual operating statements for the
Conference Center, including Hotel-Motel Taxes and Net Revenue, as of each June 30 and December
3 I, within 45 days of the end of each such reporting period.
Section 18. Events of Default. Any one or more of the following events shall constitute an
"event of default" under this ordinance: (a) nonpayment of principal, interest, fees or other amounts;
(b) violation of covenants; (c) inaccuracy of representations and warranties; (d) bankruptcy and other
insolvency events; (e) creditor or forfeiture proceedings being instituted by or against the City; and (f)
actual or asserted invalidity of any loan documentation or security interests. If an event of default
occurs due to nonpayment of principal, interest, fees or other amounts when due, then the Bank may
increase the interest rate spread by two (2) percentage points.
Section 19. Contract; Severability. The covenants contained in this ordinance shall constitute a
contract between the City and the Owner of the Bond. The City unconditionally covenants that it will
keep and perform all of the covenants of the Bond and this ordinance. If any one or more of the
provisions of this ordinance shall be declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining provisions of this ordinance or the Bond, and this
ordinance and the Bond shall be construed and enforced as if such unconstitutional or invalid provision
had not been contained in this ordinance.
Section 18. Effective Date. This ordinance shall take effect and be in full force ten days after
passage and publication of an approved summary, consisting of the title.
APPROVED by the City Council of the City of Bremerton, Washington, the __ day of
December, 2004.
PASSED by the City Council of the City of Bremerton, Washington, this __ day of
9
December, 2004.
Daren Nygren, Council President
APPROVED this __ day of December, 2004.
Cary Bozeman, Mayor
ATTEST:
Paula Johnston, City Clerk
APPROVED AS TO FORM:
By.
Judith Andrews, Bond Counsel
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
10
20
EXHIBIT A
[Purchase Offer]
EXHIBIT B
CITY OF BREMERTON, WASHINGTON
LINE OF CREDIT
RATE CERTIFICATE NO.
TO: BANK OF AMERICA, N.A.
DATE OF RATE CERTIFICATE:
On behalf of the City of Bremerton, Washington (the "City"), I hereby certify that:
1. I am the Finance Director, or the authorized designee, as defined in Ordinance No. __
adopted by the City on December __, 2004 (the "Ordinance"), and that I am authorized
to file this Rate Certificate under Section 3 of the Ordinance and to make the
representations on behalf of the City set forth herein.
The City requests that the dollar amount indicated of the Bond bear interest at (check one of the
following):
[] the Prime Rate Mode beginning at the end of the current LIBOR
Interest Rate Period
[] the LIBOR Rate Mode as to $ (must be $250,000 or
more) for a __ Month Rate Period
3. If the Draw will bear interest at the LIBOR Rate Mode, the applicable Interest
Rate Period shall begin (check one):
[] At the end of the current LIBOR Interest Rate Period, or
[] On .(insert date at least three London Banking Days after this certificate is given to
the Bank).
THE CITY OF BREMERTON, WASHINGTON
By:
Finance Director
22
EXHIBIT C
Prepayment Fee in LIBOR Rate Mode
Under the LIBOR Rate Mode, if principal amounts are prepaid prior to the expiration of the
LIBOR Interest Rate Period, whether by voluntary prepayment or otherwise, the prepayment
shall be accompanied by a prepayment fee. The prepayment fee shall be in an amount sufficient
to compensate Bank for any loss, cost or expense incurred by it as a result of the prepayment,
including any loss of anticipated profits and any loss or expense arising from the liquidation or
reemployment of funds obtained by it to maintain the LIBOR Portion or from fees payable to
terminate the deposits from which such funds were obtained. The City shall also pay any
customary administrative fees charged by Bank in connection with the foregoing. For purposes
of calculating the prepayment fee, Bank shall be deemed to have funded the LIBOR Portion by a
matching deposit or other borrowing in the applicable interbank market, whether or not the
LIBOR Portion was in fact so funded.
23
CONFERENCE CENTER FINANCIAL PLAN
revised 11/10/04
The Conference Center should operate as a business and be funded as an internal service_fund.
General Fund revenues or associated reserves are not currently available to fund the Conference
Center pre-opening or on-going operating expenditures.
· The Conference Center should be segregated from the funding, budgeting and management of the
Parking Garage since the Parking Garage is supported by General Fund revenues
· Department of Financial Services shall set up a separate fund and budget to account for
associated Conference Center revenues and operating and capital expenditures
· Establish a joint operating account and a reserve account between the Concessionaire and the
City's Department of Financial Services.
Establish a line-of-credit of up to $800,000 to pre-fund the first year of pre-opening management
services expenses, furnishings and equipment, and initial beginning fund cash to meet the
Conference Center's cash flow and contractual requirements. Estimated initial costs are
approximately $709,000.
· Establish a policy to pledge and budget hotel/motel taxes that the City receives in excess of
$90,000 or other amount committed to the Admiral Theater toward the Conference Center to
support the pay off the initial line of credit.
· Terms of Line of Credit:
~' Credit Facility: $800,000 non-revolving Line of Credit, converting to Term Loan. Tax-
Exempt, Bank Qualified.
~ Security: Net revenue pledge of the General Fund, City's Hotel-Motel taxes and Conference
Center revenues.
} Maturity: Seven years from closing date, estimated to be December 1,2011.
} Interest Rate: Bank of America Prime Rate:
· A tax-exempt rate per year equal to 65% of Bank of America's Prime Rate minus 79
basis points, changing on the date of any Prime Rate change.
· As an indication only, as of 11-10-04, 65% of Prime less 79 bp is 2.46% based on the
Prime Rate of 5.00%.
} Availability: Draws up to the total amount of the Credit Facility for 18 months from closing
date. The balance outstanding on the Credit Facility at that time shall be converted to a term
loan, fully amortizing over six years.
~ Issuance Cost: 1) Origination Fee: An origination fee of $1,500, payable at closing, and 2)
Bond Counsel - approximately $5,000
~' Repayment: Interest only through December 1, 2005, payable quarterly on the first day of
each March, June, September and December, with first payment commencing March 1, 2005.
Beginning March 1, 2006, the City shall make quarterly payments of $33,333.33 principal,
plus interest, over the remaining six-year tenn.
· In a collaborative effort between the Concessionaire and City, maintain a business plan for the
operation and funding of the Conference Center.
24
Legal Debt Capacity
City of Bremerton, Washington
Computation of Debt Capacity
(As of December 31, 2004)
2005 Collection Year Assessed Valuation 11860,078,93~
Limited Tax Genera Ob gaton Capacity (100% capacity) (no vote required)
1.5% of Assessed Value $ ~7,9~1,183
Less: Outstanding Limited Tax G.O. Debt ~ (8,167,50C
Abatement Line of Credit (217,363)
Current Remaining Limited Tax General Obligation Ca_p_aci~ GI 19,516,320
Less: 2003 Debt
Conference Center Parking Garage (4,975,139
Government Center = --- (6,405,00~
~ture Remainin-g~i-m~ted Tax General Obligation Capacity !~ ', 8,136,181
Limited Tax General Obliqation Capacity (85% capacity threshold) (no voie required)
1.5% of Assessed Value ~ 27,901,184
85% debt capacity threshold --~ ~-:~'i6,006
Less: Outstanding Limited Tax G.O. Debt (8,167,5(~0
Abatement Line of Credit
Current Remaining Limited Tax General Obligation Capacity $ I 15,331,143
Less: 2003 Debt
.... Conference_ C_ enter Parking Garage ~-'i (4,~7~113~
Government Center ...... I (6,405,000
Future Remaining Limited Tax General Obligation Capacity $ 3,951,004
Unlimited and Limited Tax General Obliqation Capacity (3~5 majority vote required)
2.5% of Assessed Value i$ '
i 46,501,973
Less: Outsta_n_ding Limited T_a~x G.O. Debt ~ r__ ~ (8,384,__863
Less: Future Limited Tax GO. Debt ,/ (11,380,139
Less: Outstanding Unlimited Tax G.O. Debt _ I I
(12,189,000
Total Remaining Unlimited Tax and Limited Tax Capacity [$.1 14,547,971
General Obligation Debt Capacity
(85% threshold)
Debt Capacity
Unused, 3.95, ~i Debt Capacity
17% ~ ~ Used, 8.40,35%
Gov't Center
Used, 11.40,
48%
~5
DATE SUBMITTED: November 19,2004 BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Approving and adopting the Committee Meeting Date: November 22, 2004
City of Bremerton 2005 Annual Budget COUNCIL MEETING Date: December 1, 2004
Department: Financial Services
Presenter: Michael R. Wilson
Phone: 473-5590
SUMMARY: A preliminary annual budget for fiscal year 2005 has been prepared and filed in the
Office of City Clerk for the City of Bremerton; public hearings have been held for the purpose of
fixing the final City Budget; and the City Council has deliberated and made adjustments and changes
deemed necessary and proper.
ATTACHMENTS: 2005 Annual Budget Ordinance [Qo,
FISCAL IMPACTS (Include Budgete/d Amount):
/
APPROVALS: / ,
DEPARTMENT DIRECTOR: (...,,'t--~/c?_ ~% d'-~¢
CITY ATTORNEY: < ~~..~
FINANCE DIRECTOR:
MAYOR: _
FISCAL/BUDGET: (~Ll/l~e.Jl'-oce. SS~orleo ~oo\6~_ CONSENT AGENDA []
OPERATIONS: '~da?'~tA.~k o..1I' Qo~q.,~
COUNCIL PRESIDENT: ~,.._ .~:~ (t. X.g--x
RECOMMENDED MOTION:
~ ......... re ................. ~, ..................... e, ......... v ............. y of gremerrcre~
B. I move to pass on second reading Ordinance No.~]fl [relating to the adoption of the City of
Bremerton 2005 Annual Budget.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
27
ORDINANCE NO. tatq)~-{
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving and adopting the financial
budget for the several funds of the City of Bremerton for the fiscal
year 2005, and appropriating the amounts set forth in each budget
to each fund in accordance with RCW 35.33.075.
WHEREAS, State law, Chapter 35.33 RCW requires the City to adopt an annual budget
and provides procedures for the filing of estimates, a preliminary budget, deliberations, public
hearings, and final fixing of the budget; and
WHEREAS, a preliminary budget for the fiscal year 2005 has been prepared and filed in
the Office of the City Clerk for the City of Bmmerton; public hearings have been held for the
purposes of fixing the final City Budget; and the City Council has deliberated and has made
adjustments and changes deemed necessary and proper; NOW THEREFORE,
THE C1TY COUNCIL OF THE C1TY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the 2005 Annual Budget for the City of Bremerton,
Washington, on file in the office of the City Clerk, covering the period from January 1, 2005,
through December 31, 2005, with regular revenues and unencumbered fund balances of
$129,227,011129,310,011 and expenditures and ending fund balances of
$129,227,011129,310,011 is hereby approved and adopted, and the respective amounts provided
for in said budget for the several funds of the City of Bremerton are hereby fixed and adopted as
follows:
ESTIMATED REVENUES AND EXPENDITURES FOR THE YEAR 2005
General Fund
City Council $ 242 634
Executive 261 331
Financial Services 1,110 064
Legal 584 593
Human Resources 356 933
Community Development 1,070 052
Municipal Court 845 310
City Auditor 118 329
Law Enforcement 8,577,335
Fire/Emergency Medical 5,765,204
General Facilities 530,965
2005 Budget
General Parks 2,757,258
Engineering 470,730
Economic Development 104,012
Non-Departmental 4,785,235
Ending Fund Balance 2,350,000
Total General Fund $ 29,929,985
Arterial Street (101 ) 16,237,545
Street (102) 2,576,6772,~9~,677
Contingency Reserve (103) 1,636,300
Civic Improvement (104) 288,800
Parking System (105) 2,132,301
Community Development Block Grant (106) 3,352,399
Abatement Revolving (108) 357,330
Police Special Projects (110) 278,300
Public Access Television (113) 237,420
Gift & Donations Fund (114) 109,274
Conference Center Operating (120) 1,246,131
Bond Fund (201) 1,964,310
LID Guaranty (202) 171,500
Conference Center (301) 200,000
Government Center (305) 150,000
Park Facilities Construction (310) 548,240
Public Safety Bond (302) 8,965,825
Maritime Park (303) 2,885,000
General Government Capital Improvement (308) 2,279,000
Pedestrian/BTC Access (309) 4,359,000
Water Utility (401) 8,778,736
Water Capital Improvement (402) 5,803,000
ULID 2002-01 (403) 935,860
Gold Mountain Golf Complex (407) 3,865,280
Wastewater Utility (451 ) 12,295,010
Wastewater Capital Improvement (452) 3,530,000
Stormwater Utility (481 ) 1,561,027
Stormwater Capital Improvement (482) 180,000
Utility Debt Reserve (499) 539,000
Risk Management (503) 2,611,507
Equipment Rental Reserve (510) 6,160,906
Information Services (511) 1,009,239
Police & Fire Pen sion (601 ) 2,135,109
Total All Funds $129,310,011~
SECTION 2. That the totals for the funds noted in Section 1 above as set forth in
the official "City of Bremerton 2005 Annual Budget" adopted herein, are hereby appropriated for
the fiscal year 2005.
2
2005 Budget
SECTION 3. That the proposed Financial Management Policies set forth in the
initial proposed 2005 budget document are not adopted herein.
SECTION4. Effective January 1, 2005, the base wages aalaries of the Mayor,
the Municipal Court Judge and those e~nployees covered under the "management, professional,
confidential & fiduciary" pay plans shall be increased by 2.5% as a cost of living adjustment.
SECTION 5. Nothing contained herein shall be construed to require the City of
Bmmerton or its officers to fill any vacancy in any of the positions established by this ordinance
resulting from the discharge, resignation or retirement of such employee. Nothing herein
contained shall require the City of Bremerton or its officers to pay the maximum amount
budgeted for any position shown therein.
SECTION 6. Severabilit¥. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 7. Effective Date. This ordinance shall take effect and be in fome ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004
PASSED by the City Council the day of ., 2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
2005 Budget
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDINANCE NO.
R:XLEGAL\Ordinances\Finance\2005 budget ordinance I .doc
2005 Budget
DATE SUBMITTED: December 1, 2004 BILL #
AGENDA BILL
C1TY OF BREMERTON
CITY COUNCIL
........ ' ............................................................
SUBJECT: Closed record hearing on Committee Meeting Date: NA
Resolution approving the Habitat for COUNCIL MEETiNG Date: December 8, 2004
Humanity Preliminary Planned Unit Department: DCD
Development and Plat Presenter: Robert Grumbach
Phone: 473-5379
SUMMARY: Hearing Examiner recommendation on a preliminary Planned Unit Development and
plat (File Number BP04-00334) to subdivide 2.69 acres of land into 18 individual lots in order to
construct 18 attached single-family and townhouse dwelling units at the north side of Arsenal Way,
200 feet east of Marion Avenue. The recommendation included sixteen (16) conditions to be imposed
for final plat approval.
ATTACHMENTS: (l) Procedures for Close Record Hearing. (2) Hearing Examiner
Recommendation. (3) Staff Re~oort. (4) Site Plan. (5) SEPA. (6) Proposed resolution~oon I~earine
Examiner's recommendation.[Note: Staff Report Appendicies A through K are availabl~ in the C'{ty'[
~Council office _
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: O-~OSq_~ Ref_~t2~ ~Ol~'[~q CONSENT AGENDA
OPERATIONS: ¢3~ose. J ~ecor~ Uer~r~_~ []
COUNCIL PRESIDENT:
RECOMMENDED MOTIONi Move to pass resolution No. ~'~ tl/q$ approving and adopting the
Findings, Conclusions and Recommendation of the Administrative Hearing Examiner and approve the
preliminary Planned Unit Development and plat for the Habitat for Humanity PUD subject to the
proposed conditions.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
32
MEMORANDUM
Department of Community Development
345 6th Street, Suite 600, Bremerton, WA 98337-1873
Phone: (360) 473-5275
Fax: (360) 473-5278
DATE: December 1, 2004
TO: BREMERTON CITY COUNCIL
FROM: Robert J. Gmmbach, AICP, Bremerton Department of Community DevelopmenO ~--'
SUBJECT: Closed Record Hearing on Preliminary Planned Unit Development
Attached are the following items for the closed record hearing on the Habitat for Humanity Preliminary
Planned Unit Development and Subdivision Application (File No. BP04-00334):
(1) Procedures for Closed Record Hearing;
(2) Hearing Examiner Recommendation;
(3) Staff Report;
(4) Site Plan;
(5) SEPA; and '
(6) Proposed resolution on Hearing Examiner recommendation.
If you would like to review the appendices to the staff report, a copy of the appendices is available at the
City Council office from Lori Smith. It' you have any questions, please call me at 360 473-5379.
PROCEDURE FOR CLOSED RECORD HEARING ON
HEARING EXAMINER'S RECOMMENDATION
I. STAFF REPORT AND PRESENTATION
1. After the Appearance of Fairness inquiry, Council President asks staff to
present Hearing Examiner Recommendation.
2. Pursuant to Council policies, no public comment permitted.
3. Council may ask questions of staff and applicant (discussion limited to the
record).
II. COUNCIL CONSIDERATION
The Council may approve and adopt the hearing examiner's recommendation
unless one of the following conditions exists:
1. Proceedings were materially affected by irregularities in procedure.
2. Recommendation is outside the authority of the hearing examiner.
3. Recommendation is based on an erroneous interpretation of law.
4. Recommendation is not supported by substantial evidence.
5. Recommendation is based on clearly erroneous application of law to facts.
III. DECISION
The Council may take any of the following actions:
1. Approve and adopt the hearing examiner's findings and recommendation.
2. Modify and approve the findings and recommendation.
3. Reject and deny the hearing examiner's findings and recommendation on
the proposal as originally submitted based upon councilfindings.
4. Continue the closed record hearing and remand to the hearing examiner
for clarification on issues of record (no public testimony).
R:~EGAL\Departments-General\City Council~City Council Procedure re hearing exam reco~n doc
B£FORE TIlE HEARING EXAMINER
OF THE ('11'~, OF BREMERTON
In the Matter of tl~e Application of ~ N( ) lgP044~0
Habitat for thimanity ) I, INI)IN(iS. ('()N('I (~SI()NS
) AND RE(~()MMi'~NI)ATION
For Approx al ofa I'lanned {nit
Development and ~ubdivision, )
SUMMARY OF I(ECOMMENI) YFION
The Hearing ~ xamincr recommends that thc request tbr a Planned [ init l)evcJopmcnt and
Subdixision to dixide txxo parcds into !g indixidual lots plus open space t~acts tbr
construction 18 sinule-lhmih~ . and toxx nhouse d~elling uuils as x;c[] a5 38
parking qxtces hc kPPROVFD, sub}cci i;) conditions
SI,MM ~kRY OF RE('ORI)
~gcluest
Habitat lbr Humanity of Kitsap CTotmt5 (Applicant) requests appmx al ot'u Planned [nil
Devdopment (Pt~D) and Subdi~iskm lo dixide lk~o parc'ds intu 18 individual lots plus
open space [r[~cls. and Io construct 18 sing/e-lbmil3 and to~x nhouse dx~clling units as well
as 38 of Pstteet parking spaces, lbo tx~,o parcds constitute ~ c
~,6 ) :.ICl'CS and ill'C located on
the north side el'Arsenal Was. 200 J~'el east oI Marion ::Xx enue in Brcmcrt, m.
Count3. Waslunglon.'
I [cari~g
An ope~ record public h~ari~g on thc m:xtcr x~:~;, held b,:~bi'c fi~c l hzari~g I x:m~inc~ of thc
[he fbllowing indix iduals submitted
I J~obe]'l (irunqbach. ('it> t,l ItrcmerVm Planner
2. Paul X[~mdling.
I (~ri (}bcrlandcr
4. Susan Vcnard
·
Recorded uJldel-Audit )r'$ File 7805 I ?,)J0c;
35
The foHo,,qng exhibits x,.crc admitted to thc official record al thc hearing:
Exhibit I Nlaff Report dated ()ctobcr 19.
Attachment A: PI :D Application dated Jut5 I~. 2004
Attachment B: SIPA Determination dated ()clober 4. 2004
Attachment C: Photographs of Suhicct pmpcrt>
Attachment D: ('omprehensNe Plan l)csignation Map
Attachment F: Neighborhood Meeting Notes dated August 12.
2004
Mtachment F: Xllcn l larl Report ofl.imitcd Soil Stud~ dated Jul)
[ 3.2OO4
Attachment G: Xllcn tlart Soil & Slope Surxcx and (icological
Report dated Jul5 13. 2004
Attachment [t: Conditional Water and %c~er .X~ailabilitx Ictter
dated Ma> 19. 2004
Attachmcutl: MAI' ITDll>drologic 'Xuat :,isJatedJuls 13. 2004
Atlachment J: Cit5 Stafl'Commcnts
Attachment K: l.cgal Notice
Exhibit 2 Vicinit5 Mat> and Nitc Plan
Exhibit 3 t'op5 of Power Point Presentation
Exhibit 4 I~cllcr Ii'om Susan Sx~ectxxntcr dated ()trebor
Based on the testimon) and exhibits submitted a! the open record hearing the tteafing
Examiner enters thc tbllox~ing Findings uf Fact and Co,v:lusi~ms:
FINDINGS OF FA("F
I. qhe ,Xpplicanl requests [qoprox ul ol'a tqanncd [ nil l)c',ctOptllCtll ( PI [ )) kllld
Subdixision to dtx ide tx~o parcels into 18 indix iduat lots pitts OpCll space tracts, alld
lbr construction of 18 sinelc-lhmih~ . ktlld I~I;MqhotI~C dwelling units a' s ~cll' 'ax a8' oH-"
street parking spaces, l'he tx~o parcels constilute 2.69 acres and m'c located on thc
noah side of Arsenal ~'a}. 200 lkc~ cast uf Marion kx cnuc in [~rcnlcrton. Kitsap
County, Washington. t:xhibit I. A'lu// Reln)~'l pu2c /. l{tllih/l I II,qtc/t,k'nz ,~
2. I'he su(icct propcrl5 is iii :t "Residential I ox~ Dcnsilx" St.-g)/one. and i~ designalcd
as "Medium l)cnsit~ Residential" in the ('omprehcnsi~c Plato ,.k [>l 'i) in a g['-3 zone
;Gth tit least 15% open space is alloxxed a IqlttXillltll/1 densit5 ol'X th~eiling unit~ per
acre and a maxinlttm number of 21 chxclling units. [hc prol*OSc, I plan would include
dwelling units per acre. /L]~OihJl /. , Il, lc~ c / { 'iL ~llYth)ilt t~)~ [[~ Iil'lUIl/~Lit'/1
4. 5~tlIToLmdillg ~lleas to the soufll, casl and west are ill ii 5{'-3 ZOI]C. alld properties to tile
north are in n "Residential Medium l)ensit>" (Mt:{/one. Residences are to the south:
undex eloped properties are lo the east: a mini x~arcbouse and residences are to thc
west: and. a cons alescent center and tmdexciopcd properties arc to thc north. Exhihi[
5. Fhe proposal x~ould creale 18 zero Iol line struclurcs I'~o el:Ibc ~lructurcs
meet the definition ot'"to~nhome" scl fb~qh in BM(' 21 02.070. ,Mthough
townbomes are not permitted in a Ni:-q zone. the flexibiliU granted to dexelopment
standards in a Pt D create an opportunit> to include tox~nhomes in llqe design. 'i he
average lot size ~ould be 2.309 square lbet. x~ ith thc smallest lot mcasuritlg 1.gl6
square lbet and the largest measuring L235 square Ibet. ,SI] homes would be single-
story and btfilcling heighl~ ~ould not exceed 25 l~et. No s ic~s ~ould bc altered or
obstructed. Evh~hil ]. Sla// Repo:[. paXc ~ f-.~v/fihi[ l. lf[ac'hnwul I Evhi~ir /.
6. The proposal ~ouJd crea~e 39.000 squm'c l~,c~ of opel~ space~. Pas~i~ c open space
measuring %052 square lbct ~otdd be localed in thc silo's norihcJsl corner
preserve the slope area and allocated setback. Aclix c ope~ space measuring 293)48
square l~ct would be ]ocaied in the center of thc siic and xxould inclmle COllllllOlt
areas, a pla>ground, pea palch gardens, a small sheller, and pax ed pedestrian
x~alk~ays, h~ all. 34% el'the total site area would be dcsig~ated open sl, acc.
7. :~cccss R~ thc site ~ou]d be pro~ ided ~ in :U'sc~lal ~a> ihi'ot~:h ~o poinls ~d'uccess:
ntd~e:ite's~scsteastmargius lntcma}circulation~otdd b:pro~idcd dm~ugha
~ide side~all, on one side. and ~x~o 6-inch cm'bs ot~ bodl sides 5idcx,.nlk: ~otild
beprosicledalongtheedgeol'thepa~ementof:Xfscnal ~a>. ,Mongti~epri~ateroad
tract. 3g off-:tr:c-t parking spaco~ ,~uld be instnHed. /'xhil>i/ 1. :/a//Rct'<'v,
~, and I~L' k~vhi:i/ 1. ltta~hmt'n/. ~ /~vlti&z~ 2. ~ 7c/>dO' ~lap ,ml :i~< Phm
~. Approximatcl> ~3 peak h~,ur ~ehiclc i~ip~ :ould bc :cneratcd b> d~e project. Ibc
area {s scrxcd b> Kil:ap TransiL ~5{d~ t~c cio:est $~ops tm ('hat]otto ~',em~c and "(i"
S~rcd /:v/dh// / .:~c~/ Rc?~v't l,~:c I i t:~rlfit,.,~ I ~l~wh,~c~/ it
g. In addition 1o the opet~ space dcsigua!hm. 8.9()f, square/cci ot'lands;c~,ping ~xould
which has an udequute suppl3 lo proxide v, atcr and scxxer serxicc ~o thc site.
Waste~ater scrxice is conditionallx axailablc, bSvhihi~ I .4lf~tc']tl~tt'~ll []
1 I. During construction, some exhaust fi'om heax ? cquipmcm and duM max occur. I he
site Ixould be xxatered in order to minimize the generation o['duM. Ibc onl) grading
to occur would be associated with roadxxa3 improxcmcnts and building cnx elopes.
An estimated 700 cubic tm'ds of till and 700 cubic 3ards of'cut x~ould be needed.
During construction, no groundx~ater xxould bc x~ithdraxxn, lhcrc xxould be
discharge into the grotmdx~ater, and no waste xxould be deposited into the ground.
There is no surlhce ~xatcr in the xicinit>. During and nlier construction, runolTx~ould
be couducted to an on-site storm~atcr lnanagemcnt l~cilit) consisting of catch basills
and tightlinc piping. ExhiBit l. .ll/rwhmc~z B
12. Fir lrees, grass, Scotch broom aud blackberries exist tm-site, most ot'xshich would
removed during construction, thc trees in thc northeast corner o['thc site ~ould be
prescrx cd. Ihcre utc no d~rcatcncd or cndungc;cd species (m-x~tc trod fi~e 5ire is
pat2 of an) migration route. Songbirds lixe on-site. L[vhibiz 1..Illttc/lllletI[ ~
13. Pursuant to thc State Em ironmcntal Polio3 Acl (S[.]',~). thc npplicution xxas r~'x iex~cd
fi)r possible enxironmental impacts Ibc ('it> of Brcmcrton l)cpammcnt
Communit5 Dcxelopment was dcsignuted icad agenc5 and the Responsible t )l'ficial
concluded that the pr~iect would haxc no probabl) significm~t ad~cr~c cnx ironmcntal
impact. A Determination of Nonsignificancc xxas issued on ()clobcr 4.2(104. und
became final on October 18. 2004. 3 vhihi/ /..s'l~({/RCl~,-t ?~t,t,c /4. P ~xhihil ]
14. tn response t,, concerns {,~er a possibic sinkhole ~m-sitc. Gcnet'ul I csting
laboratories, linc. co~dttclcd at~ uixc,tigation ~n March 10. 2004. linc
ibund that 1itl a* the location exut~fincd ~xas ut least 215 lbct flfick, x~us in u mcdmm
dense condition, and was moist ~x itln no grotmdx~atcr llo~x s obscrx cd Ihc
15. A soil and slope sut'~ c} und geological report ~as conducted Io cx alumc potcnlial
erosion and ]al/dsJid¢ I~uzards on-site lhe report ilk)lcd lhul nt~ ;tl~t, t,J model'utc
protected to reduce the pt,icntial tbr post-constructio, erosion. 1 hc on[x area that ~as
tbund Lo be a lundslidc hazard urea and erosion hazard urea was il~ Ibc northeast
corner. That at'ca x~ou]d l'elllahl m~dJsturbcd arid xxouk[ haxc a t 5-thor setback
lhe toe of the slope. ~Mthough a 5/Mk~ot sclback lit,m thc toe ol'thc slope is generall?
required fi-om a landslide hazard area. thc report conc~tidcd their Ibc reduced setback
16. A hydrological anal5 sis conc[udoJ that. atic~ installation ol thc prop, mod drainage
system and site stabilization, thc site xxonld meet thc standards of Kit~ap
Stormwater Management Ordinance. Evhihi~ I..-t/lachme,/[
17. Notification ot~a neighborhood meeting was sent to all properu oxxncrs within 300
lbet otthe site. Thc meeting was held on August 12. 2004. and 5 nci~hbor~ x~et-c in
attendance. Neighborhood concerns centered on thc impact of Iow-iucomc housing
on the neighborhood, the phased improvements to M'scnal %Va3. and traffic impacts.
Exhihil ] ,h'/rl~/Rtvmrl, [~/.k'e 5, ]~v/lJhil ]. ,~llttt'htllelll ['
18. The proposal was submitted to ('[tx of Brcmcrtnn departmcms lbr rex iex~ and
comment. Both the Fire Department and the Dcpartmcm of Public ~korks and
Utilities recommended approval, sub,ecl ct) conditions to ensure compliance with
lncal, state and l~deral la~s. ~vhihif L ,I[l~tc'hmew[ .[
fi'om the subject propert3 and supports the proposal. She submitted that the proposal
was xxell-planned and would enhnncc the t~cighborhood. ]:}¥/tihil 4, [,f/lel f)'t~.l
20. A Notice of PuNic } lcaring and Nl PA Xpplicationxtcrcmailcdloallpn>pcrt5
owners ~ithin 300 ~ct of thc site. Ibc notice ~xas posted on-site on ()ctobcr 4. 2004.
and published in Thc Sun on ()ctobcr 4, 2004, E.vhihit l. 51cql Y~,Imrl ?~tyt'
b2vhihi~ 1, ~uut h~lctff ~'
(O~( lA,SIC)NS
.[LI, ISdlq. t~Oh
'/Itc t leafing tSxaminer i>, granled authorit', to h,,ld an open record public hcari~g
appJicatiuns and to lSStte e~ YecoilllllclldLfliotl It) tine ('it5 ('otlncil pill*Sit[Ill[ [o Bremerttm
Municipal Code (BM(') Section 21.~2.855 APlrl) applicationisrcxicx~cdthrougha
two-step process ol'preliminar) approxal and final ,pproxal. ibc (ilk (ounci[ makes the
who conducts an open record hearing, fhc Communit> Devoh)pmenl I)ircct,)r makes tine
final approxal based ,n compliance xdth the prcliminar} :q~pro~ al aud c~cx ch)preen
regulations.
Pursuant to gM( 21.02.480. a Pt ti) hms[ ct}DJi~l'lql lo tlac lbllox~ing general tricot%:
departure in character tbrm thc surrotmding land uso,. thc scale, intensit> and
design shall adequntel? reduce the impact of thc development in such n ~ax
that the project ~il] not be detrimental to the neighborhood.
The traffic generated by Ibc Ptq) shall be accommodated salUl> m~d within
the adopted Levels of Serx icc fbr afibctcd ~treets.
4. All dexclopment will be ndccluatd> served b> existing or pkumed lhcilitics
and serx ices.
5.fhe P{~D will result in n:~ attrnctixe, healthful efficient and stnb[c
en~ iromnenl lbr Iix lng. sh(q¥,h~g, working, and leisure acfix itic~.
6. Fhe development plan shall make adequate and appropriate pre~isions fi~r the
preservation of the environment, both natural and man-made, and thc
conscr~ afion o {' encrg}
Furthermore. BMC 21.02.400 requires a Pt ~[) to conJbrm to speci tic dex ciopment
standards:
1. Perimeter and Interior Setbacks:
a. Structures are required to compJ) v, ith a perimeter setback that
properlies grealer than one acre shall be p~'l' ~[.I 2.~0 ){ b~{ ~) J'bc
proposed residential structure heights arc not to exceed 25 ibm.
b. Tine lbllox~ing summarizes thc proposed perimctm
J:ront: 20-fl,or icquired setback
Side: IO-Ibot required setback
Rear: IOqbot rcquircc! setback
c. Non-perimeter setbacks ~.~ ithin the P[[D arc based on the tmderl5 lng zone
rccluiremcnts, but maF bc modified through thc PLD process m achieve
project &'sign objccti~ cs
Height: Figure 130 >fox,dc5 a II%lXlllltlnl "o( t height limitation ;~ithin SI -.~
zoning.
)pen Space: A minimum I ~' ,, t f'thc total area ot'lhc Pl I) 5trait bc dedicated
as co!llll~on opel~ sl~acc. Ptirstlalll io [~N,~( 2 1 12.4'*1h d )~ I 1. open space ca{mol
include roads, dri~ exxa>s or alit5 s: parking, h~ading or <tora~c area:<
perimeler setback areas, interior setbacks required
app}> to indix idua] lots: or sm'ali remnant5 ~t [,lild that aYC HOt ph>sicall>.
xisuallx or flmcfionaJ{y rcJaicd Io thc project's moral{ sighl {>tan. lbo (>pen
space rcquircmcn~ is comp,-iscd of
b. Passive Open Space: Passi',e open space ~s optional and ma> consist of up
to 1 3 ofihe open space.
4. Screening: All utiliD lhcilitics, loading areas, trash containers, and outdoor
storage areas shall be screened from surrounding properties.
5. Archilectural lhcmc: Structural elements, including accessor> struclures, are
required to be integrated into a primm? architectt,'al theme carried through
the development.
The lbllowing prox isions ot'li~e ('omprchensi~e Plan appl> Io the proposal:
PI ANNIN(; GOAI,S
Goal ~ I [ kban Gro~th: "l ncourage development in urban areas ~here
adecNale public R~ciliti~'s ired se*'t ices exist o~ can be pro~idcd in an
cfScienl manner."
Supporting Polk3 t3 ): Accommodate new development x~ith care
so that Bremerton x~ ill ctmtinue to be a ~cll-balanccd "most
]ixable tit3.~
Goal ~ 2 Reduce SpraEj: "Redace the imq)propriatc COllX ersion o~
undcxeloped land into spl'a%litlg, loxx-de~sit5 d0xclopmcm.-
Supporti~]g Polio> (5): Promote the concept ofdcx clopmcnt
clt~stel'ing to colascl';e encrg>, saxe land. k,;~cr public costs. ;educe
spra;~], and pi-ox ldo open q~acc.
Goal a 4 [{ousitlg: "l ncourage thc ax ailabilil> o{ ai'tbrdablc housing To all
ecouomic segments of thc population of Ibis state, promolc a x ariet> of
rcsidemial densities and housing t> pcs. and et~couragc prcscrx ation of
Supporting Polio} {q ): Prc~ ide continuing opporttmities tot a range
and economic icxc]s of prcscilt and thmrc residents.
space and dc~ciopmem of recreational opporm~itics, coilscrx c lis{~ and
~ ildlifk habitat, incrca>e access to mllt,'a~ t'c~;oarcc k,lds mid xxatcr, and
de~ clop parks."
types and densities to mcel changing needs uf Brcmcrton residents."
Supporting Policx (3): Stimulate the production ol'ncxx housing
all incoine, age. Iknni[5 t}pc and ethnic groupx
Conclusions Based on Findings
1. The location, design, and nses of the PUD are consistent ~ith the Comprehensive
Plan, Bremerton Shoreline Management Program, and with off, er applicable
plans and ordinances adopted by thc CID'. I'hc P[rD is consistent with thc
Comprehensive Plan. l'he site alrcad~ has utilities available Io it and the cluslcrin~ of
18 homes on 2.69 acres xxill r~ducc nrban spra~l. MorcovcL thc dcxclopment will
provide both singlc-lhmil5 and loxx nhuusc dxxcllings tbr qualified h~xx-income
thmilics. Fhc homes will be sokl at no profil and no interest. In addition to proxiding
aflbrdable honsing, the proposal will pro~ idc lbr a large, acfixe ~pcn spa~c ~o
encourage recreathm. The Bremcrttm Shoreline Managcmcnl Program docs not
apply to the prelect. Fim/in,~4~ ot t,'ucl ;Vo~ J am~5
2. The PUD is integrated with its surroundings ami designed io harmonize with
existing or proposed dexelopment in the neighborhood. Ibc s~tc is surrounded
maiM) b3 Iow to medium-deusitx rcsiclcntialareas l he site will hummni/c with
surrotmding neighborhood through landscaping and screening recast]rcs, and through
a low building I~eight that xxill prexent thc obstruclioo oi'~ icx*s Fma'm,~ o/
3. Thee traffic generated by the PUD is accommodated safel) ami ~ithin the
adopted Levels of Service fi}r aft~cted street~. I'hc traffic ~cncrated b5 thc
proposal ~ill be approximatcl5 23 ,~chicle trips during peak hour~, lhosc ~ehicle
trips will hax c l iltle impact on surrounding streets and an5 impact ;xill be reduced
the s}StOln ol'dt~al access point:; to thc inlernal road. Iht in:qallaliun
and the preseuce oFKitsap lransit ~xilI also help It, allex ialc at~) traffic impacts
4. All development is adequateb st, ned b) exi~/ing or planned facilities and
sen'ices. Exisling utilities xx i~! scrx c ~he site and Kitsap l'ransit operates in thc area.
5. Thc PUD uill result in an attractive, healthful, efficicnl ami slnble emironment
for IMng, shopping, ~, orking, and leisnre activities. Ibc PI r l ) xx iH create 18
homes on 2.60 acres, with a large ac'fixc ~>pcn space. Siticv. alks ~xiil bc includol in
the pr(zject to encourage sirolling, thc steep slope in tile northcas[ turner will remain
undisturbed, mqd a mixture o( lal~<txcapit~g and screening ss fil cnsm'c Ibc auractiseness
oflhe site. Fin~E~?y~ o//.itct ~(~ / r, - u ~t /2
6. The de~elopmenl plan makes adequate ami appropriate provisi.ns for the
preserxation of lhe environmenl, b.lh natural and man-made, ami the
conservation of energ). In addition 1,.~ lea',, inM the steep M/q~e lo,..aled at tl~c site's
northeast corner undisturbed, the trees in fi~at area wilt be untouched b'indin&,~ q~
7. The PUD confi~rms ~o the specific development standards set fiwlh in BM('
21.02.490. Adequate screening, landscapinT, setback, and architectural measures are
taken by thc PIeD in order to ensure compliance ~ilh this Section. Moreover, 75?,0 of
the open space is designaled active open space and Ihe maximun~ building height will
be 25 l~et. Fhc PUD also complies ~xith standards of the underl?~g SF-3 zone.
RE('OMMENI)ATION
Upon consideration et'tile Find '~s o' :~c and Conclusi ms. fl~c t lcaring t:xammer
recommends APPROVAL tH'thc request tbr a PI q) and Subdix ision
parcels into 18 h~dixidual lots plus open space Iraet:q. and h, construct 18 sht~Ic-l~mil}
tblloxx tag conditions:
1. Th~ Il D shall constitute a limitation on thc use and design oFthe site tu those
uses. designs and standards that arc spodficall> included in tho P[q) Such
limitation shall remain in cFt¢cl trod} thc PI q) is constrticled, or until thc
prcliminar3 approx al cxpil-cs, in xx hich case thc prex ious zoning aulomaticall5
2. Remoxal ol'xegetation xxhhin thc area clcsignctlcd "pas~ixc" open ~pace shall
be pruhihited Ibis prohibiti~m shall be recorded ~m thc dccd ~q title andor
thcc oFthe plat and Piti) as a condition running at flac Name time x, irh thc
autht~rixed land usc. Proof et such restriction shall hc clcmor~strated
the issuance of btm kting
3. An upen space guarantee, xx hich ensures thc retcntitm ,H {he open space itlld
rcquircdperllMCSccti(,n21.t2.51 pdtrtoiinamizing
4. One slrcct tree per 35 lincat tbct or'street fi'tm~agc shall be pr.x idcd within the
tk,nt xard perimeter · ' = ., .
$~toack~ aba,, ,x ~ ~al Wa~ Rcquh'cd Jundxcaping shall
be installed or bonded lyf prior to tinalizing the Iq 1).
5. A minimum ~1'2 ()Ftzst~eet parkh~ spaces per chxclli~l~ tu,ii ~hu!/bc F,ro~ idcd.
7. The prix ate street shall bc dcxeh)ped according Io (.'it3 t-nginccrinL2 Street
Standards. The street shall be installed or bonded fiw prior ~o finalizing thc
PUD.
~. A final storm drainage plan must be approxcd by thc Cit) ]mginccr. Stoma
drainage lhcil{tics shall bc installed or bonded ~br prior to linalizing thc PUD.
9. Water and sex, er improxcments shall be prm idcd per thc Condiliona[ ~X ater
and Sex~er Availability letter. All sex~cr and ~atcr improxements shall be
installed or bonded k~r prior to finalizing the l'~ ~I).
bonded tbr prior to finalizing thc Pti). If bonding is used. thc fire h)drants
shall be installed prior to an) constructkm aboxc thc
II. &cldrc,,ses tbl thc individual It)us shall he obtained lmm thc Pablic
department and shall bc indicated on thc final plat.
12. A final P[D and plat meeting applicable dex elopment standards and
conditions shall be submitted to the CiD lbr approval xxilhin 2 .',ears
date ofpreliminaD plat approxal pursuant to BMC Section 21.O2.q201a).
13. lxxo {2~ copies olthc plat certificate shall be submitted x~ith thc application
l~r linal approx al of thc plat and P[ ~D.
14. Six (61 copies of the Pill) and plat Omi Mbhtr) shall be submitted m thc
Department ot'Comnmnit> {)exclopmenl tbr final compliallco rex
I 5. Thc Director ol'Commani(> I)cx elopmcnt shall appmxc tllc tMal Pt 5[) prior
to finalizin~ the plat,
16. A copy of'thc recorded Pi !1) and plat shall be provided to thc Dcparlmc/lt ol'
Communit3 l)eveh~pmeut bcfi)rc building permits can bc
44
CITY OF BREMERTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT, CONCLUSIONS AND FINDINGS II
Hearing Examiner Public Hearing October 19, 2004
Requested Action: Planned Unit Development and Subdivision to divide two SF-3
zoned parcels into 18 individual lots plus open space tracts, and to construct 18 attached
single-family and townhouses dwelling units and 38 off-street parking spaces on 2.69
acres of land
GENERAL INFORMATION
1. Land Use Action (See APPENDIX A for application):
Hearing Examiner recommendation to Bremerton City Council on Preliminary
Planned Unit Development and Preliminary Subdivision
2. File Number: BP04-00334
3. Applicant: Habitat for Humanity of Kitsap County, P.O. Box 5347, Bremcrton, WA
Contact: Lori Oberlander, Executive Director
4. Location: North side of Arsenal Way, 200 feet east of Marion Avenue
5. Assessor Account Number: 222401-1-021-2004 and 222401-1-022-2003
PROJECT SUMMARY
1. Current Zone Classification: Residential Low-density (SF-3)
2. Comprehensive Plan Designation: Medium Density Residential (MDR)
3. Shoreline Environmental Designation:None
4. Critical Areas Designations: Geologically Hazardous Areas
STATE ENVIRONMENTAL POLICY ACT
SEPA Threshold Determination: Determination of Nonsignificance issued October 4,
2004 (See APP£_NDrX B).
BP04-00334 1 O£ 17
,15
SITE DESCRIPTION
1. Legal Description:
LOT 021: 22241E
LOT A CITY OF BREMERTON SHORT PLAT NO. B-34, RECORDED UNDER AUDITOR'S
FILE 7805150109. THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTH ONE-QUARTER CORNER OF SAID SECTION 22; THENCE S0'447457 WEST
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER, A DISTANCE OF 661.25 FEET OT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 22; THENCE N89'59'04" EAST ALONG THE NORTH LINE
THEREOF 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE
N89'59'04" EAST 174.50 FEET; THENCE S0'44'45" WEST 358.48 FEET TO THE NORTH
MARGIN OF ARSENAL WAY; THENCE S65'50'36" 14.74 FEET ALONG SAID NORTH
MARGIN; THENCE CONTINUE ALONG SAID NORTH MARGIN S89'59'04" SOUTH 161.13
FEET; THENCE LEAVE SAID NORTH MARGIN OF ARSENAL WAY AND RUN N0'44'45"
EAST 364.51 FEET TO THE TRUE POINT OF BEGINNING.
LOT 022:22241E
LOT B, CITY OF BREMERTON SHORT PLAT NO. B-34, RECORDED UNDER AUDITOR'S
FILE 7805150109. THAT PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NQRTH, RANGE 1 EAST, W.M,
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTH ONE-QUARTER CORNER OF SAID SECTION 22; THENCE S0*44'45"W ALONG
THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, A
DISTANCE OF 661.25 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; THENCE N89*59'04"E ALONG THE NORTH LINE THEREOF 384.50 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE N89*59'04"E 174.50 FEET;
THENCE S0*44'45"W 279.80 FEET TO THE NORTH MARGIN OF ARSENAL WAY:
THENCE S65'50'36"W ALONG SAID
2. Lot Size: Approximately 2.69 acres
3. Surrounding Land Uses: (See Appendix C)
Dir~ti0~ : rang ,
North Residential Medium- Convalescent Center and undeveloped
density (MF) land
South Residential Low-density Single-family and duplex residential
(SF-3)
East Residential Low-density Undeveloped land
(SF-3)
West Residential Low-density Mini Warehouse and Single-family I
(SF-3) ~ Residential
BP04-00334 2 of 17
46
4. Topography: The site is relatively flat. Steep slopes are present in the northwest and
northeast comers.
5. Development: The lot is undeveloped.
6. Access: The ingress/egress are provided from Arsenal Way.
7. Utilities: The site is served by public water and sanitary sewer services.
COMPREHENSIVE PLAN (See APPENDIX D)
PLANNING GOALS: The Comprehensive Plan goals help define the vision for Bremerton's
future. The following Planning Goals are consistent with the Planned Unit Development
application.
,, Goal # 1 Urban Growth: "Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient manner."
Supporting Policy (3): Accommodate new development with care so that
Bremerton will continue to be a well-balanced "most livable city."
· Goal # 2 Reduce Sprawl: "Reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development."
Supporting Policy (5): Promote the concept of development clustering to conserve
energy, save land, lower public costs, reduce sprawl, and provide open space.
· Goal # 4 Ho~ "Encourage the availabilit? of affordable housing to all economic
segments of the population of this state, promote a variety of residential densities and
housing types, and encourage preservation of existing housing stock.
Supporting Policy (3): Provide continuing opportunities for a range of housing
types and densities that will accommodate the lifestyles and economic levels of
present and future residents.
· Goal # 9 Open Space and Recreation: "Encourage the retention of open space and
development of recreational opportunities, conserve fish and wildlife habitat,
increase access to natural resource lands and water, and develop parks."
HOUSING ELEMENT: Goal D (2) New Housing Development: "Provide a variety of
housing types and densities to meet changing needs of Bremerton residents."
Supporting Policy (3): Stimulate the production of new housing for all income,
age, family type and ethnic groups.
BP04-00334 3 of 17
L~xrD USE ELEMENT: The property is located in the Central Bremerton Plan (Element E,
8, (page 33)). There are no policies specified under this plan applicable to this
development.
CITY OF BREMERTON REQUIREMENT FOR A SUBDIVISION
The City of Bremerton has not adopted a subdivision ordinance. Therefore, the City
relies on the requirements set forth in RCW 58.17. The processing of a subdivision
application is set forth in BMC Section 21.02.855, which requires a Type IV City
Council Decision after an open record hearing and recommendation by the
Administrative Hearing Examiner. Final subdivision approval is set forth as a Type IV
City Council Decision after a closed record hearing.
ANALYSIS:
BMC Section 21.02.855 sets forth preliminary Planned Unit Developments and
Subdivision applications as a Type IV City Council Decision. The Hearing Examiner
makes a recommendation after an open record pre-decision heating.
ANALYSIS OF ZONING & PLANNED UNIT DEVELOPMENT STANDARDS:
1. The intent of the SF-3 zoning is to accommodate single-unit homes in typical urban
subdivision at an average density (without bonuses) of up to eight (8) units per acre.
It offers a smaller minimum lot size to enhance affordability and encourage higher
densities through creative site planning and various zoning and density bonus
incentives.
2. Pursuant to BMC Sect!on 21.02.070 (Definitions), six (6) of the proposed structures
meet the definition of Dwelling, Single-unit Attached, which is 2 singie-unit
dwellings (houses) that are attached at a common side lot line with each dwelling
located entirely on its own lot. This does not include row houses or other housing
types having more than two attached units.
3. Pursuant to BMC Section 21.02.070, two (2) of the proposed residential structures
meet the city's definition of Townhouse. A Townhouse is defined as a single-unit
structure in a row of at least 3 units of which each has its own front and rear access to
the outside. Ownership of each unit includes ownership of an individual parcel of
land beneath the unit.
4. Figure 140 (Land Use Tables) lists Single-unit Dwelling - Attached (Zero Lot Line)
as an outhght allowed use in a SF-3 zoning district.
BP04-00334 4 of 17
48
5. Townhouses are not a permitted use under Figure 140 (Land Use Tables) within the
SF-3 zoning district. However, the residential nature of the use is allowed and BMC
Section 21.02.470(f) provides flexibility by not limiting the distribution of dwelling
units within the PUD. Furthermore, the PUD process allows modifications to
setbacks and other development standards. Therefore, townhouses can be through the
PUD process provided they are compatible within the surrounding neighborhood.
Three-unit townhouse structures are compatible with the existing single-family and
duplex residential and the commercial activity within the surrounding neighborhood.
6. Pursuant to BMC Section 21.02.370, a neighborhood meeting was required prior to
submission of the application. The applicant mailed notification of the meeting to
property owners within 500 feet. The meeting was held August 12, 2004 at the City
of Bremerton Public Works building located at 100 Oyster Bay Avenue Nortk Five
(5) people attended the meeting. Questions about the design, low-income housing,
the Arsenal Way re-alignment, traffic, and potential wetlands were raised. (See
Neighborhood Meeting Documents in APPENDIX E.)
7. BMC Section 21.02.470(e) sets forth the maximum number of dwelling units allowed
per gross acre (43,560 square feet in an acre) in a Planned Unit Development. A SF-3
zoned property, with 15 percent designated open space, is allowed a maximum
density of 8 dwellings per gross acre. The proposed density for this project is 6.7
dwellings per acre (18 dwellings/2.69 acres).
8. BMC Section 21.02.260 (Rounding of Fractions of Dwelling Units) allows a
maximum of 21 dwellings on the site if 15 percent open space is provided. The
proposal is 18 dwelling units, which meets this requirement.
9. BMC Section 21.02.490 requires the PUD to conform to specifiq development
standards.
a. Perimeter and Interior Setbacks:
(1) Structures are required to comply with a perimeter setback that on properties
greater than one acre shall be per 21.02.490(b)(2). The proposed residential
structure heights are not to exceed 25 feet.
(2) The following summarizes the proposed perimeter setbacks.
Lot ~ L0t L~e :Proposed; ; Staff
Defin,tioh, Lo~'ati0n S~baek cb~eh~s
Front South 20 feet 20 feet Ok
Side East 10 feet 10 fcct Ok
West 10 feet 10 feet
Rear North 10 feet 10 feet Ok
BP04-00334 5 of 17
z19
(3) Non-perimeter setbacks within the PUD are based on the underlying zone
requirements, but may be modified through the PUD process to achieve
project design objectives.
b. Height: Figure 130 provides a maximum 30-foot height limitation within SF-3
zoning. BMC Section 21.02.070 definition for Grade sets forth the measurement
of zoning height to be from finished grade. Conceptual building plans have been
submitted and the applicant indicated that no structure would exceed 25 feet in
height.
c. Open Space: A minimum 15 percent of the total area of the PUD shall be
dedicated as common open space. The minimum required open space for this
proposal is 17,591.3 square feet (117,275 X 0.15). The following is an analysis of
the proposed open space.
(1) Per BMC Section 21.02.490(d)(1), open space cannot include, roads
driveways and alleys; parking, loading and storage areas, perimeter setback
areas, interior setbacks required to separate buildings or apply to individual
lots; and small remnants of land that are not physically, visually, or
functionally related to the project's overall sight plan.
(2) The proposal includes 39,900 square feet of open space, which computes into
34 percent of the site. The open space area is located in two tracts. Tract A is
a 29,732 square foot "active" open space area containing a playground and
community gardening areas. Tract B is a 9,952 square foot "passive" open
space area containing steep slopes.
(3) ~l'he open space requirement is broken down in the follo~ving manner.
1. Active open space: a minimum two-thirds (2/3) of the open space is
required to be active areas such as playgrounds, picnic areas sports
courts, etc. The proposed active open space area equals approximately
25.4 percent of the site and therefore exceeds the total opens space
requirement.
2. Passive open space: is optional and may consist of up to one-third
(1/3) of the open space. Since the active open space exceeds minimum
requirements, evaluation of the passive open space is not necessary.
d. Screening: All utility facilities, loading areas, trash containers, and outdoor
storage areas shall be screened from surrounding properties. The final plan shall
address screening requirements.
e. Architectural Theme: Structural elements, including accessory structures, are
required to be integrated into a primary architectural theme carried through the
development. The conceptual designs of the residential structures indicated the
PUD has an integrated architectural theme.
BP04-00334 6 o£ 17
50
10. BMC Section 21.02.510 requires an open space guarantee, which ensures the
retention of the open spaces and provides for permanent maintenance of the open
space and commonly owned facilities.
11. BMC Section 21.02.700Co) states that no landscaping provisions are required for any
residential development consisting of one or two-unit structures, except by Planned
Unit Development, special use permit, or plans-in-lieu of the underlying zoning.
12. Consistent with BMC Section 21.02.340(c), which'states one of the purposes of a
Planned Unit Development is to preserve, to the greatest extent possible, the existing
landscape features and minimize adverse effects on sensitive environmental areas, the
City is requiring one (1) street tree for every twenty-five (25) lineal feet of street
frontage be provided pursuant to BMC Section 21.02.700(a)(1 )(iii). The tree-plm~ting
pattern shall be integrated into the overall design of the development and should be
located within the front yard perimeter setbacks. A proposed landscaping plan has
been included with the application. The site contains approximately 360 feet of lineal
street frontage requiring 14 street trees. The proposed planting pattern, while not
linear, will protect safety clear view triangle at the ingress and egress intersections to
the development.
13. Figure 130 (lot requirements) sets forth the setback standards within the SF-3 zoning
district as Front Yard = 15 feet (20 feet to garage), Side Yard = 5 feet and Rear Yard
= 15 feet. Zero Lot Lines proposals require the normal side yard setback to be added
to the opposite side of the lot.
14. BMC Section 21.02.070 definition of Lot requires a minimum of 20 feet of frontage
on either a public or private street. The proposed street frontage of individual lots is
between 26 to 52 feet, which meets this requirement.
15. BMC Section 21.02.460 superimposes the PUD onto the underlying zoning and
allows for exceptions to the lot requirements of the underlying zoning district,
including modifications to lot size, setbacks, height and other similar requirements.
16. Proposed development standards for individual lots:
1 2,169 51.4% 10 feet 5 feet 5 feet
2 1,816 52.6% 10 feet 5 feet 5 feet
3 2,169 51.4% 10 feet 5 feet 5 feet
4 2,169 51.3% 10 feet 5 feet 5 feet
5 2,169 51.3% 10 feet 5 feet 5 feet
6 2,169 51.3% 10 feet 5 feet 5 feet
7 I 2,169 51.3% 10 feet 5 feet 5 feet
8 [ 2,169 [ 51.3% 10 feet 5 feet 5 feet
BP04-00334 7 of 17
51
9 2,169 51.3% 10 feet 5 feet 5 feet
10 2,548 48.7% 10 feet 5 feet 8 feet
11 3,235 44.5% 10 feet 5 feet 9 feet
12 3,023 47.6% 10 feet 5 feet 10 feet**
13 2,358 52.6% 10 feet 5 feet 5 feet
14 2,260 49.2% 10 feet 12 feet 5 feet
15 2,665 41.8% 10 feet 12 feet 5 feet
16 2,553 43.6% 15 feet 5 feet 5 feet
17 1,933 49.4% 15 feet 5 feet 5 feet
18 2,155 51.7% 15 feet 5 feet 3 feet
* Side Yard Setbacks do not include zero lot lines.
** Second Front Yard Setback
The proposed lots are deemed satisfactory and consistent with the intent of Planned
Unit Developments and the SF-3 zoning designation.
17. Off-street parking is required per Figure 670(a). Attached single-family dwellings
and townhouses with 3 or more bedrooms require 2 parking spaces per unit. Thirty-
eight (38) parking spaces are proposed and 36 spaces are required.
18. The proposal employs an ~nnovative design to address off-street parking. Habitat for
Humanity generally focuses their resources on the construction of homes for people
and not garages for automobiles. They have requested that the required parking
spaces be provided in a parking strip along the outer ring of the road (see site plan).
BMC Section 21.02.490(e)(6) allows provisions for parking facilities to be modified
to best meet the needs and project objectives. Given the Habitat for Humanities
mission to provide housing for low-income people, the proposed modification is
acceptable at meeting the needs and objectizes of the PUD.
19. The site is located on land that has been filled over the past forty years by various
contractors and owners. An investigation of the site showed fill to depths of twenty
to twenty-three feet. Allen Hart, a licensed geologist, found the site suitable for the
construction of lightly loaded residential structures subject to his report's conclusions
and recommendations. These conditions would be applied at the time building
permits are being reviewed by the City.
20. The neighborhood had indicated a sinkhole might be located on the property. Allen
Hart, a licensed geologist, examined the site and concluded in a March 15, 2004 letter
that no sinkhole existed on the site. (See APPENDIX F.)
ANALYSIS OF THE CRITICAL LANDS ORDINANCE (Chapter 21.22)
21. The property contains slopes exceeding 40 percent. This classified the site as a
Landslide Hazard Area and Steep Slope and an Erosion Hazardous Area pursuant to
BMC Section 21.22.100(b)(3)(v), (4)(ii) and 21.22.100(b)(2).
BP04-00334 1~ of 17
52
22. Landslide Hazard Areas and Steep Slopes and associated 50-foot buffer areas from
the edges may not be disturbed unless a geotechnical report modifies the standard
pursuant to BMC Section 21.22.100(c)(2). Allen L. Hart Engineering Geologist
prepared a Soil and Slope Survey and Geological Report for the proposal dated May
7, 2004. (See AP?ENDrX G.)
23. The Allen Hart report concluded that the design of the development is adequate in
protecting regulated Geologically Hazardous Areas. A reduced buffer of 15-feet from
the toe of the northeast slope was deemed acceptable because the slope itself will not
be disturbed by development.
ANALYSIS OF PUBLIC WORKS STANDARDS
24. The City Engineer determined that standard frontage improvements adjacent to
Arsenal Way are not required pursuant to BMC Section 11.12.110(c). The City has
included in the 6-Year Transportation Improvement Plan (TIP) frontage and street
improvements to Arsenal Way along this property. Installment of public street
improvements at this time would require removal when City installation of street
improvements began. The standard, curb, gutter and sidewalk normally required will
be installed through the City's capital improvement plans. The City will require
temporary pedestrian access improvements along Arsenal Way to be install prior to
final approval to ensure safe movement of pedestrians.
25. BMC Subsection 11.12.130(e)(2) allows private streets that are part of a Planned Unit
Development provided the street is designed and constructed to engineering
standards.
26. The City's Engineering Standard 3001 (Roadway Classification) allows a street with
less than 400 Average Daily Tripe to be developed as a Local Access Two Way.
Applicable street development standards are as follows:
· Sidewalks on both sides;
· On-street parking lane, which can be waived if off-street parking exceeds the
zoning requirements;
· Minimum two I O-foot wide lanes;
· Curb and gutter on both sides;
· 5-foot utility easements on each side; and
· 5-foot bike lanes on designated bike routes and at the discretion of the City
Engineer on all other streets.
The City Engineer has determined the PUD private street meets these requirements.
The road tract will be developed in the following manner: two 10-foot wide lanes, an
8-foot wide parking strip, a 5-foot wide sidewalk on one side, and two 6-inch curbs
on both sides.
BP04-00334 9 of i7
53
27. The City Engineer has the authority to allow deviations to the road standards under
BMC Section 11.12.030 and allows such by not requiring sidewalks on the outer ring
of the street where no residential structures will exist.
28. BMC Section 21.02.490(e) establishes the requirements for circulation.
a. Subsection (1) requires all streets, and rights of ways to be dedicated, designed
and constructed in accordance with the City's adopted street standards.
STAFF COMMENT: BMC Section 21.02.070 (Definitions) requires private
streets to be located on a road tract at least 20 feet wide. A 20-foot wide
horseshoe designed private street, with 5-foot wide sidewalk on one side of the
street and 8-foot wide by 22-foot depth parking spaces on the other side,
intersecting at two locations on Arsenal Way is proposed. Ownership and
maintenance of the private street will be the responsibility of the individual
property owners.
b. Subsection (3) requires pedestrian circulation.
STAFF COMMENT: The interior sidewalks will provide pedestrian circulation
within the development. The interior sidewalk will further connect into the
temporary pedestrian access improvement along Arsenal Way providing safe
pedestrian circulation inside and outside the development.
c. Subsection (4) requires all streets and parking areas to contribute to the overall
aesthetic design of the PUD while minimizing traffic congestion and the amount
of impervious surface.
STAFF COMMENT:' The street pattern contributes to the aesthetic design o~' the
private street and reduces the impervious surface compared to development of a
public street. The location of the oft:street parking spaces will eliminate the need
to develop driveways and therefore reduce the impervious surface. The design
also serves as a means of slowing traffic down while not creating an obstruction
to pedestrians. The circulation route of the private street will help reduce
congestion by providing two ingress and egress access points into the site.
29. The property is located within the City's utility service area. Water and sewer are
available per the Conditional Water and Sewer Availability Letter. Eight (8)-inch
main extensions are required for each water and sewer service. (See APPENDLX H.)
30. The City Engineer reviewed the proposal for storm water drainage requirements. A
preliminary storm drainage report and civil plans have been submitted. The City
Engineer must still approve final storm and grading plans prior to finalizing the PUD/
Subdivision. (See Ae?ENDIX I.)
BP04-00334 10 o£ ]7
54
31. The City Engineer reviewed anticipated traffic impacts of the proposal. Traffic
impact analysis is not required. PM peak hour impacts are 23 vehicle trips with
approximately 2/3 entering and 1/3 leaving. The vehicle impact from the proposed
development is deemed insignificant and it will not change the current level of
service on the road system.
COMMENTS RECEIVED
32. City and state agency comments: (Appendix J)
f ~ttY ~parttn~t, ~on~nen~ Received
I Building None
' Engineering Department 1. Public water main extension is required as a
condition of final plat approval. Provide detailed
water main extension plan and profile for review and
approval.
2. Public sanitary sewer main extension is required as
a condition of final plat approval. Provide detailed
sewer main extension plan and profile for review
and approval.
3. Storm water quantity and quality mitigation is
required prior to final plat approval. Provide
Engineered Storm Drainage Report and detailed SD
plan and profile for review and approval.
4. Private road, curb, gutter, sidewalk and street
lighting shall be installed prior to final plat approval.
Provide details on plan regarding all site
improvements including but not limited to, sidewalk,
street lighting, curb & gutter, landscaping, other
utility services, connection details, surface
elevations, survey monumentation, detailed road
sections and any stripping or chann~lization.
5. Temporary Pedestrian access improvements will be
required along the property frontage. Standard
Frontage Improvements are not required per BMC
11.12.110(c). This street frontage is on the City's
6-year transportation improvement plan and
developer installed frontage improvement will not be
permitted at this time. Temporary Pedestrian
access improvements will be required; standard
curb gutter and sidewalk will be installed through the
City's capital improvement plans.
6. Traffic Impact Analysis is not required. PM Peak
Hour impacts from this development will be 23
vehicle trips with approximately 2/3 entering and 1/3
leaving. The vehicle impact from the proposed
development as insignificant and will not change the
current road systems Level of Service.
COMMENTS RELATED TO UTfLITY, RIGHT-OF-WAY,
GRADING AND BUILDING PERMITTING
REQUIREMENTS
BP04-00334 ll of 17
55
7. All utility fees shall be paid and connection
requirements completed per Title 15 of the
Bremerton Municipal Code and City Standards.
Detailed Water, Sewer and Storm Drainage plans
shall be provided prior to issuance of any utility
Permits.
8. Provide detailed water main extension plan and
profile for review and approval per City of Bremertor
Engineering Standards.
9. Provide detailed sewer main extension plan and
profile for review and approval per City of Bremerton
Engineering Standards.
10. Provide Engineered Storm Drainage Report and
detailed SD plan and profile for review and
approval.
tl. Provide Temporary Erosion and Sedimentation
Control Plan prior to issuance of any grading or
building permits.
12. Provide details on plans regarding all site
improvements including but no[ limited to, sidewalk,
street lighting, curb & gutter, landscaping, other
utility services, connection details, surface
elevations, survey monumentation, detailed road
sections and any road stripping or channelization.
Fire 1. Access roads and hydrants shall be installed prior to
any construction above foundation. Height
clearance must be at least 13.5 feet
2. 6 inch address numbers required on units with
contrasting colors
3. Hydrants require storz adapters
4. Provide fire hydrant and flow per UFC
Cross Connection Control No comments received
Traffic No Concerns
Department of None
Community, Trade and
Economic
Development
Puget Sound Water None
Quality Action Team
Suquamish Tribe None
Department offish & None
Wildlife
Department of None
Transportation
Department of Natural None
Resources
Department of None
BP04-00334 i2 ofl7
56
Transportation
Department of Ecology None
Kitsap Transit None
Bremerton - Kitsap None
County Health District
Kitsap County None
Department of
Community
Development
33. PUBLIC COMMENTS RECEIVED:
None
34. BMC Section 21.02.480 requires a PUD to conform to the following general criteria.
(a) The location, design, and uses of the PUD shall be consistent with the
Comprehensive Plan, Bremerton Shoreline Management Program, and with
other applicable plans and ordinances adopted by the City.
STAFF: Clustering low-density residential attached dwellings and townhouses
is consistent with several goals and policies of the Comprehensive Plan
referenced previously in this report. The land use tables in the zoning code
allow attached single-dwellings and the PUD allows residential clustering to
include townhouses.
(b) The PUD shall be integrated with its surroundings and designed to harmonize
with existing or proposed development in the neighborhood. In the coae of a
departure in character from the surrounding land uses, the scale, intensity
and design shall adequately reduce the impact of the development in such a
way that the project will not be detrimental to the neighborhood.
STAFF: The preservation of open space and the design of the attached single-
dwellings and townhouses integrate well with the mixture of duplex and
single-family residential development found in the neighboring area.
(c) The traffic generated by the PUD shall be accommodated safely and within
the adopted Levels of Service for affected streets.
STAFF: the City Engineer reviewed the proposal for traffic impacts and
determined that the anticipated traffic increase is negligible, and will not
affect conditions of Arsenal Way.
BP04-00334 13 of 17
57
(d) All development will be adequately served by existing or planned facilities
and services.
STAFF: Sewer and water are available to the site as referenced in the City
Engineer's comments.
(e) The PUD will result in an attractive, healthful, efficient and stable
environment for living, shopping, worla'ng, and leisure activities.
STAFF: The design of the residential structures will upgrade the existing
neighborhood so that it provides a more livable neighborhood.
(f) The development plan shall make adequate and appropriate provision for the
preservation of the environment, both natural and man-made, and the
conservation of energy.
STAFF: The PUD makes provisions for adequate open space and protection
of critical areas as referenced in the Allen L. Hart Engineering Geologist
prepared a Soil and Slope Survey and Geological Report.
~. A Determination ofNonsignificance (DNS) was issued October 4, 20t,'4. Notice was
posted on the property and published in The Sun newspaper on this date.
2. Notification was sent to properties within a 300-foot radius of the subject property
(See APPENDIX K). Notification was provided as follows:
Application received: July 13, 2004
Determination of Completeness August 19, 2004
Notice of Application August 24, 2004
DNS published October 4, 2004
Notice of Hearing October 4, 2004
FINDINGS:
The City of Bremerton Department of Community Development makes the following
findings in support of a recommendation.
1. An application for a preliminary plat and Planned Unit Development and shoreline
substantial development permit were received July 13, 2004 and determined complete
on January 19, 2004.
2. The proposed plat and Planned Unit Development comply with applicable
development standards set forth in the Comprehensive Plan, the Bremert~n Municipal
Code, Critical Lands Ordinance, and the land use map, and further implements
several goals and policies within said plans.
BP04-00334 14 of 17
58
3. The proposed Planned Unit Development will superimpose onto the underlying
zoning allowing exceptions to lot coverage, individual lot sizes and setback
requirements, and provide off-street parking through innovative design of the
development. The design of the attached single-family dwellings and townhouses
layout of the Planned Unit Development integrate well with the ~/ngle-family and
duplex development found in the surrounding areas. The public interest is served by
promoting residential development through land use clustering techniques in order to
preserve open space and protect critical areas.
4. The proposed development meets the general criteria set forth in BMC Section
21.02.480.
5. The site plan included 34 percent open space of which the area designated as "active,,
open space constitutes 25.4 percent of the site and exceeds the 15 percent minimum
requirement.
6. The proposed development does not adversely affect the geologically hazardous areas
or associated buffers as referenced in the Allen L. Hart Engineering Geologist
prepared a Soil and Slope Survey and Geological Report dated May 7, 2004.
7. The traffic generated by the new development can be accommodated safely and
within the adopted Levels of Service for Arsenal Way.
8. The proposed PUD will include streets that conform to the City of Bremerton adopted
Street standards. Sidewalks within the development and the pedestrian access
adjacent to Arsenal Way will ensure that pedestrian cimulation is safe and
convenient. The streets and sidewalks will contribute to the overall aesthetic of the
development.
9. City water and sewer services are adequately available as referenced in the
Conditional Water and Sewer Availability letter.
10. Storm water requirements and erosion control measures are addressed in the
preliminary storm water drainage report and in the Conditional Water and Sewer
Availability letter.
11. The public health, safety and general welfare of the City of Bremerton have been
served in that comments from agencies and the public have been considered and
addressed in relation to this application and conditioned below.
12. The Notice of Application was published in The Sun newspaper and posted on the
property on August 24, 2004. Notices were mailed to property owners within 300
feet of the site and state and local agencies.
BP04-00334 15 o£17
59
13. Notice of Hearing was published in The Sun newspaper and posted on the property on
October 4, 2004. Notices were mailed to property owners within 300 feet of the site.
14. A Determination of Nonsignificance (MDNS) was issued October 4, 2004 utilizing
the Optional DNS process under WAC 197-11-355. The DNS did not include any
conditions.
CONCLUSION FOR PLANNED UNIT DEVELOPMENT AND SUBDIVISION
If approved, subject to the following conditions, the preliminary Planned Unit
Development and subdivision would comply with the City of Bremerton Comprehensive
Plan and applicable Bremerton Municipal Code development regulations.
1. The Planned Unit Development shall constitute a limitation on the use and design of
the site to those uses, designs and standards that are specifically included in the
Planned Unit Development. Such limitation shall remain in effect until the Planned
Unit Development is constructed, or until the preliminary approval expires in which
case the previous zoning automatically returns.
2. Removal of vegetation within the area designated "passive" open space shall be
prohibited: This prohibition shall be recorded on the deed of title and/or face of the
plat and Planned Unit Development as a condition running at the same time with the
authorized land use. Proof of such restriction shall be demonstrated prior to issuance
of building permits.
3. An open space guarantee, which ensures the retention of the open spaces and provides
for permanent maintenance of the open space (active and passive), is required per
BMC Section 21.02.51(~ prior to finalizing the Planned Unit Development.
4. One street tree per twenty-five (25) lineal feet of street frontage shall be provided
within the front yard perimeter setbacks along Arsenal Way. Required landscaping
shall be installed or bonded for prior to finalizing the Planned Unit Development.
5. A minimum of two off-street parking spaces per each dwelling unit shall be provided.
6. Temporary pedestrian access improvements along Arsenal Way shall be installed or
bonded for prior to final approval. The pedestrian access improvement shall meet the
City Engineer's requirement.
7. The private street shall be developed according to City Engineering Street Standards.
The street shall be installed or bonded for prior to finalizing the Planned Unit
Development.
8. A final storm drainage plan must be approved by the City Engineer. Storm drainage
facilities shall be installed or bonded for prior to finalizing the Planned Unit
Development.
BP04-00334 id of 17
60
9. Water and sewer improvements shall be provided per the Conditional Water and
Sewer Availability letter. All sewer and water improvements shall be installed or
bonded for prior to finalizing the Planned Unit Development.
10. Fire hydrants with flows meeting Uniform Fire Codes shall be installed or bonded for
prior to finalizing Planned Unit Development. If bonding is used, the fire hydrants
shall be installed prior to any construction above the foundation.
11. Addresses for the individual lots shall be obtained fi.om the Public Works department
and shall be indicated on the final plat.
12. A final Planned Unit Development and plat meeting applicable development
standards and conditions shall be submitted to the City for approval within two (2)
years of the date of preliminary plat approval pursuant to BMC Section 21.02.520(a).
13. Two copies of the plat certificate shall be submitted with the application for final
approval of the plat and Planned Unit Development.
14. Six (6) copies of the Planned Unit Development and plat (not Mylar) shall be
submitted to the Department of Community Development for final compliance
review.
15. The Director of Community Development shall approve the final Planned Unit
Development prior to finalizing the plat.
16. A copy of the recorded Planned Unit Development and plat shall be provided to the
Department o~Community Development before building permits can be ismed.
END OF STAFF REPORT
SIGNATURE OF STAFF PREPAREqG REPORT:
Robert J. Grumbach, AICP
Current Planner
BP04-00334 17 of 17
61
City of Bremerton
Department of Community Development
DETERMINATION OF NONSlGNIFICANCE
PROPOSAL: Planned Unit Development and Subdivision to divide two SF-3 zoned
parcels into 18 individual lots plus open space tracts, and to construct
18 attached single-family and townhouses dwelling units and 38 off-
street parking spaces on 2.69 acres of land
FILE NUMBER: BP04-00334
LOCATION: North side of Arsenal Way, 200 feet east of Marion Avenue
Tax ID: 222401-1-021-2004 and 222401-1-022-2003
PROPONENT: Habitat for Humanity of Kitsap County
LEAD AGENCY: Department of Community Development
The SEPA Responsible Official of the City of Bremerton hereby makes the following
Findings and Conclusions based upon a review of the Environmental Checklist,
comments received in response to the Notice of Application issued on August 24, 2004,
other information on file with the City of Bremedon, and the policies, plans and
regulations designated by the City of Bremerton as a basis for the exercise of
substantive authority under the Washington State Environmental Policy Act (SEPA)
pursuant to RCW 43.21C.060.
FINDINGS OF FACT:
1. The applicant submitted an application for an 18-unit Planned Unit Development
on July 13, 2004.
2. Allen L. Hart Engineering Geologist prepared a Soil and Slope Survey and
Geological Report identified steep slopes and erosion hazards in the northeast
corner of the site per BMC Section 21.22.100. The proposal was evaluated to
not have any significant impacts on the geologically hazardous areas. No
additional critical areas were identified on the site.
3. Notification was mailed to state agencies and property owners within 300 feet of
the property on August 20, 2004. Legal notice was published in The Sun
newspaper and posted on the property on August 24, 2004. No comments were
received.
4. The proposal will have no significant impact on animals, water, noise,
environmental health, public services or land use.
5. No significant historic or cultural resources have been identified within the
proposed project site.
53
CONCLUSIONS OF RESPONSIBLE OFFICIAL:
The Responsible Official concludes that the proposal does not have a probable
significant impact on the environment, and an Environmental Impact Statement is not
required pursuant to RCW 43.21 .C.030(2)(c). This decision is made after a review of the
completed Environmental Checklist, other information in the file with the City of
Bremerton, and existing regulations. This information is available to the public upon
request.
This Determination of Nonsignificance (DNS) is issued after using the optional DNS
process in WAC 197-11-355. There is no further comment period on the DNS.
RESPONSIBLE OFFICIAL: Christopher R. Hugo, Director
Department of Community Development
City of Bremerton
286 Fourth Street
Bremerton, WA 98337
STAFF CONTACT: Robert Grumbach, (360) 473-5379
DATE OF ISSUE: October 4, 2004
DATE OF PUBLICATION: October 4, 2004
APPEAL DEADLINE: October 18, 2004
Christopher R. Hugo, Responsible Official
APPEALS: Pursuant to RCW 43.21C.075 and City of Bremerton environmental
regulations (BMC Chapter 21.12.210), decisions of the Responsible Official may be
appealed. Appeals must be filed by a person with standing with the appropriate fees at
the Department of Community Development located at the Bremerton Permit 'Center,
286 Fourth Street, Bremerton, 98337. Appeals must be filed by the date indicated above
as "Appeal Deadline." If you appeal, you should be prepared to make specific factual
objections.
NOTE: The issuance of this DNS does not constitute project approval. The applicant must
comply with all other applicable requirements of the City of Bremerton and the State of
Washington.
!' FOR OFFICIAL USE ONLY
ENVIRONMENTAL (SEPA) CHECKLIST
Received by:.
Receipt #:
EP:~- L UA TIO,¥ t~OR
A. BACKGROUND AGENC'F USE O~LF
1. Name of proposed project, if applicable:
Plat/P.U.D. of New Hope
2. Name of applicant:
Habitat for Humanity of Kitsap County
3. Address and phone number of applicant and contact person:
Contact Person: Lori Obeflander, Executive Director
P.O Box 5347, Bremerton, WA 98312 Phone: 479-3853
4. Date checklist prepared:
September 30, 2003
5. Agency requesting checklist:
City of Bremerton
6. Proposed timing or schedule (including phasing, if applicable):
Land Use Approval Fall 2004 Development and construction
anticipated to commence in Winter 2004/Spring 2005.
65
EVALUATJON FOR
AGEz\rC~:' t.2~iE 0~¥£¥
7. Do you have any plan for future additions, expansion, or further
activity related to or connected with this proposal. If yes, explain.
No
8. List any environmental information you know about that has been
prepared, or will be prepared, directly related to this proposal.
A Foundation Investigation Report was prepared by General Testin
Laboratories, Inc, in Julw 1997, a Report of Limited Soil Study for !
this project in March 2004, and a Soil and Slope Survey and
Geological Report by Allen Hart, Eng. Geol., on May 7, 2004. These
reports are attached for reference.
o. Do you know whether applications are pending for governmental
approvals of other proposals directly affecting the property by your
proposal? If yes, explain.
None known
10. List any government approvals or permits that wilt be needed for
your proposal, if known.
Land Use approval, Site Development Construction Plan approval,
Buildin~ Permit approval.
11. Give brief, complete description of your proposal, including the
proposed uses and the size of the project and site. There are several
questions later in this checklist that ask you to describe certain
aspects of your proposal. You do not need to repeat those answers
on this page. (Lead agencies may modify this form to include
additional specific intbrmation on project description.)
Habitat for Humanity of Kitsap County, a non-profit ecumenical
Christian housing mini~tg/, proposes to subdivide the project site
into eighteen lots through the Plat/P.U.D. process. The homes will
be single stop,' zero lot line houses that are simple, decent, and
affordable for people who are 25-505/0 of the Kitsap County
medium income. The houses will be sold at no profit and no
interest to qualified applicants. All requirements of the UBC and
Bremerton Municipal Code will be adhered to for construction of
these residences. Habitat for Humanity will provide access to the
plat via a local access street with residential parking. Open spac_e
areas have been included within the plat: passive open space in the
66
northeast comer of the site to preserve the slope area and allocated
setback; and active open space in the center of the site with E[~LUATIONFOR
common yard areas, playground, pea patch gardens, and small AGEiVCY USE ONLY
shelter, and paved pedestrian walkways.
12. Location of the proposal. Give sufficient information for a person to
understand the precise location of your proposed project, including
a street address, if any, and section, township and range, if known.
If a proposal would occur over a range of area, provide the range
of boundaries of the site(s). Provide a legal description, site plan,
vicinity map and topographic map, if reasonably available. While
you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any
permit applications related to this checklist.
The propert_~ is located along the north margin of Arsenal Way,
appro,,dmatel¥ 200 feet east of Marion Avenue in West Bremerton
See Exhibit "A" attached for a legal description of the site.
B. ENVIRONMENTAL ELEMENTS
TO BE COMPLETED BY APPLICANT
1. EARTH
a. General description of the site (circle one):
(~tlOlling, hilly, steep slopes, mountainous, other:_The site is
at in the area proposed for development.
What is the steepest slope on the site (approximate percent slopes)?
In the northeast comer of the site slopes are approximately 60%,
which encompasses approximately 5% of the site.
c. What general type of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? If you know the classification of
agricultural soils, specify them and note any prime farmland.
General Testing Laboratories conducted subsurface soil
investigation as part of the Foundation Investigation report in 1977,
four backhoe test pits were excavated to a depth of approximately
22 feet. The exploratory test pits encountered man-made fills to at
least 20 feet below the existing surface. The fills consisted of dense
to very dense gravelly and silty sands General Testin,~
Laboratories conducted another single backhoe test pit as part of
the Limited Soil Sxudzfor this p_rgject in March of 2004. This test
67
pit was in a depression near the center of the site. The excavation EVALUATION FOR
was dug to a depth of 22 feet below existing ground. Based on .4GE~VCY USE ONLY'
materials exposed in this pit, the fill is at least 21.5 feet deep, in a
medium dense condition. The fill is silty gravelly sand with a fairly
large amount of building debris. Based on the Report prepared in
1997, the site is suitable for construction of residential construction,
as proposed.
d. Are there surface indications or history of unstable soils in the
immediate vicinity? If so, describe.
No
e. Describe the purpose, type and approximate quantities of any filling or
grading proposed. Indicate source of fill.
Grading will be limited to roadway improvements and building
envelopes. All recommendations of the Geotechnical Reports will
be incorporated into site grading. Based on preliminary_ estimates
of grading quantities for roadway construction and storm sewer
excavation, approximately 700 c.y. of fill and 700 c.y of cut is
proposed. Any off-site source of fill will meet City of Bremerton
SEPA requirements.
f. Could erosion occur as a result of clearing, construction or use? If so,
generally describe.
Removal of existing vegetative cover and exposing soils during
clearing and grading activities could result in erosion.
g. About what percent of site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
Following project construction and development of the lots,
approximately 50% of the site will be covered with impervious
surfaces.
h. Proposed measures to reduce or control erosion, or other impacts
to the earth, if any:
Prior to any on-site construction actMtv, an Engineered Silt and
Erosion Control Plan will be designed for the site. Best
Management Practices {BM.P.'s) may include, but not be limited
to, the following: rock construction entrance; silt fencin~
tempora~ hydroseeding; straw mulch; sediment pond; and siltation
control ditches with strawbale cheek dams
pit was in a depression near the center of the site~ The excavation E MLLA770NFOR
AGENCY USE ONLY
was dug to a depth of 22 feet below existing ground. Based on
materials exposed in this pit, the fill is at least 21.5 feet deep, in a
medium dense condition. The fill is silty gravelly sand with a fairly
large amount of building debris. Based on the Report prepared in
1997, the site is suitable for construction of residential construction,
as proposed.
d. Are there surface indications or history of unstable soils in the
immediate vicinity? If so, describe.
No
e. Describe the purpose, type and approximate quantities of any filling or
grading proposed. Indicate source of fill
Grading wilt be limited to roadway improvements and buildin~ ~/~9~ t~,~',
envelopes. Exact quantities are unknown at this time. All 0~,j ~jL~
recommendations of the Geotechnical Reports will be incorporated
into site grading
tl Could erosion occur as a result of clearing, construction or use? If so,
generally describe
Removal of existing vegetative cover and exposing soils during
clearing and grading activities could result in erosion.
g. About what percent of site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
Following project construction and development of the lots,
approximately 50% of the site will be covered with impervious
surfaces.
h. Proposed measures to reduce or control erosion, or other impacts
to the earth, if any:
Prior to any on-site construction activity, an Engineered Silt and
Erosion Control Plan will be designed for the site. Best
Management Practices (B.M.P.'s) may include, but not be limited
to, the following: rock construction entrance; silt fencing;
temporary hydroseeding; straw mulch; sediment pond; and siltation
control ditches with stra~vbale check dams.
2. AIR E[2LUATION FOR
AGENCY USE ONLY
a. What types of emissions to the air would result from the proposal
(i.e. dust, automobile, odors, industrial wood smokes) during
construction and when the project is completed? If any, generally
describe and give approximate quantities, if known.
During clearing and grading activities exhaust from heaw
equipment and dust may occur. Following project completion, air
emissions would be primarily from automobile exhaust typical of
single family residences.
b. Are there any, off-site sources of emissions or odor that may effect
your proposal? If so, generally describe.
None known
Proposed measures to reduce or control emissions or other impacts
to air, if any:
During grading and construction activities water will be used as a
dust palliative.
3. WATER
a. Surface:
1) Is there any surface water body on or in the immediate vicinity
of the site (including year-round and seasonal streams, saltwater,
lakes, ponds, wetlands)~9 If yes, describe type and provide names
If appropriate, state what stream or river it flows into.
No
2) Will the project require any work over, in or adjacent to (within
200 feet) the described waters? If yes, please describe and attach
available plans~
N/A
3) Estimate the amount of fill and dredge material that would be
placed in or removed from surface water or wetlands and indicate
the area of the site that would be affected. Indicate the source of
fill material.
N/A
~5866 O0 spy 6-26d~,1 q
70
4) Will the proposal require surface water withdrawals or E[(4LUATIONFOR
diversions? Give general description, purpose and approximate AGENCY US~.: ONLY
quantities, if known.
N/A
5) Does the proposal lie within a 100-year floodplain? If so, note
location on the site plan.
No
6) Does the proposal involve any discharges of waste materials to
surface waters? If so, describe the type of waste and anticipated
volume of discharge.
N/A
b. Ground:
1) Will ground water be withdrawaa or will water be discharged to
ground water? Give general description, purpose and approximate
quantities, if known.
No groundwater will be withdrawn. Water will be provided by the
City of Bremerton. There will be no discharges to groundwater.
2) Describe waste material that will be discharged into the ground
from septic tanks or other sources, if any (for example: domestic
sewage; industrial, containing the following chemicals; agricultural;
etc.). Describe the general size of the system, the number of such
systems, the number of houses to be served, (if applicable), or the
number of animals or humans the system(s) are expected to serve.
No waste material will be discharged into the ground. Wastewater
service will be provided by the City of Bremerton.
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm wate0 and
method of collection and disposal, if any (include quantities, if
known). Where will this water flow? Will this xvater flow into
other waters? If so, describe.
Storm runoff from the developed site will be conveyed to an on-site
stormwater management facility via a combination of catch basins
and tighttine piping. M! rooftop_ and roadway runoff will be
collected into catch basins and storm piping and conveyed to the EVALUATION FOR
on-site stormwater management system. Discharge from the site AGENCT USE O:VLY
will be connected to the City's existing stormwater conveyance
system.
2) Could waste materials enter ground or surface waters? If so,
generally describe.
No waste materials will enter ground or surface waters~
d. Proposed measures to reduce or control surface, ground and runoff
water impacts, if any:
Stormwater mitigation will be provided in accordance with the
Department of Ecology's, "Stormwater Management Manual for
the Puget Sound Basin", and City of Bremerton requirements.
BMP's will provide streambank erosion control and water quality
mitigation.
4. PLANTS
Check types of vegetation found on the site:
deciduous trees: [] alder [] maple
[] aspen [] other
evergreen trees: [] fir [] cedar
[] pine [] other
[] shrubs
[] grass
[] pasture
[] crop or grain
wet soil plants: [] cattail [] buttercup
[] bullrush [] skunk cabbage
[] other
water plants: [] water lily [] eelgrass
[] milfoil [] other
other types of vegetation: Scotch Broom & Blackberries
What kind and amount of vegetation will be removed or altered?
Grass and weeds will be removed for clearing of building envelopes
.qnd d~rive~:a~vvs ..........................................
c, List threatened or endangered species known to be on or near the EVALUATION FOR
site. ~4 GET, rCY USE ONLY
No threatened or endangered species are known to be on or near
the site.
d. Proposed landscaping, use of native plants or other measures to
preserve or enhance vegetation on the site, if any:
Single family lots will be landscaped with typical residential
landscaping. The existing trees in the northeast corner of the site
will be preserved. Additional landscaping along the Arsenal Way
frontage and the plat perimeter buffers will be provided, as well as
the common active open space area.
5. ANIMALS
a. Check any birds and animals which have been observed on or near
the site or are known to be on or near the site:
Birds: [] hawk [] heron [] eagle
[] songbirds [] other
Mammals: [] deer [] bear [] elk
[] beaver [] other
Fish: [] bass [] salmon [] trout
[] herring [] shellfish [] other
b. List any threatened or endangered species known to be on or near
the site
No threatened or endangered species are known to be on or near
the site.
c. Is the site part of a migration route? If so, explain.
No, this site is not part of a migration route.
d. Proposed measures to preserve or enhance wildlife, if any:
None proposed.
6. ENERGY AND NATURAL RESOURCES
a What kinds of energy (electric, natural gas, oil, wood stove, solar)
will be used to meet the completed project's energy needs?
Describe whether it will be used for heating, manufacturing, etc. EI. SILUATJON FOR
,4 GENCY USE ONL ]z'
The completed site will use electricity, and perhaps natural gas for
residential energy use.
Would your project affect the potential use of solar energy by
adjacent properties? If so, generally describe.
No, this proposal will not affect the potential use of solar energy by
adjacent properties.
What kinds of energy conservation features are included in the
plans of this proposal? List other proposed measures to reduce or
control energy impacts, if any:
No energy conservation features are included in this proposal.
Energy impacts will be implemented as required bv the U__~form
Buildin~compliance with energy utility providers.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to
toxic chemicals, risk of fire and explosion, spill or hazardous waste,
that could occur as a result of this proposal? If so, describe:
No environmental health hazards are anticipated with this proposal.
1) Describe special emergency services that might be required.
No special emergency ser¥ices will be required:
2) Proposed measures to reduce or control environmental health
hazards, if any:
None proposed.
b. Noise
l) What types of noise exist in the area which may affect your?)
project (for example: traffic equipment, operation, other
None known.
2) What types and levels of noise would be created by or associated
with the project on a short-term or a long-term basis (for
example: traffic, cot stmction operation, other)? Indicate wha
74
hours noise would come from the site. EVALUATION FOR
.4 GE:V(T [,'SE ONLY
During site grading and construction activities, noise from heavy
equipment would result in the short term. Following project
completion noise would be typical of single family residential areas.
3) Proposed measures to reduce or control noise impacts, if any:
On-site construction activities will be completed during daylight
hours only. No measures to reduce or control noise are proposed,
other than required perimeter setbacks, per Bremerton Zoning.
8 LAND AND SHORELINE USE
a What is the current use of the site and adjacent properties?
The site is currently vacant and has been used as a fill site. To the
west are single family residences. To the northwest is Forest Ridge
Health and Rehabilitation Center. To the northeast is a privately
owned undeveloped p~rcel. The property to the east is a City of
Bremerton owned undeveloped parcel.
b. Has the site been used for agriculture? If so, describe
NO.
Describe any structures on the site
There are no existing structures on the site
d. Will any structures be demolished? If so, what?
N/A
e. What is the current zoning classification of the site?
SF-3
f. What is the current comprehensive plan description of the site?
Low Density Residential
If applicable, what is the current shoreline master program
designation for the site'?
N/A
75
EVALUATION FOR
h, Has any part of the site been classified as an "environmentally AGENCY USE ONLF
sensitive" area? If so, specify.
The northeast corner of the site has been classified as
environmentally sensitive due to slopes
i. Approximately how many people would reside or work in the
completed project?
Approximately 63 people would reside in the completed project.
j. Approximately how many people would the completed project
displace?
None
k. Proposed measures to avoid or reduce displacement impacts, if any:
None proposed
Proposed measures to ensure the proposal is compatible with
e,,dsting and projected land uses and plans, if any:
Development of the property for residential use is compatible with
SF-3 Zonin~ and the surrounding neighborhood.
9. HOUSING
a. Approximately how many units would be provided, if any'? Indicate
whether high, middle or low-income housing.
Eighteen low income homes will be provided.
b. Approximately how many units, if any, would be eliminated?
Indicate whether high, middle or low income housing.
None
c Proposed measures to reduce or control housing impacts, if any:
None proposed.
10 AESTHETICS
a What is the tallest height of any proposed structure(s), not
including antennas; what is the principal exterio~ building
material(s) proposed? Et 'AL UA TION FOR
AGE3'CY
Building height will not exceed 25'. Homes will be wood frames.
Exterior siding has vet to be determined.
b. What views in the immediate vicinity would be altered or
obstructed?
No views will be altered or obstructed.
c. Proposed measures to reduce or control aesthetic impacts, it' any:
None proposed other than typical residential design and va_rd_
landscaping.
11. LIGItT AND GLARE
a. What type of light or glare will the proposal produce? What time
of day would it mainly occur?
Lighting will be produced tvpicai of residential neighborhoods from
homes and vehicles in evenings and earn mornings.
b. Could light or glare from the finished project be a safety hazard or
interfere with views?
No
c What existing off-site sources of light or glare may affect your
proposal?
None known.
d. Proposed measures to reduce or control light and glare impacts, if
any:
None proposed,
12. RECREATION
a. What designated and in~brmal recreational opportunities are in the
immediate vicinity?
There are many recreational opportunities available within the City
of Bremerton. The closest park is Forest Ridge. approximately
mile from the site.
-~ 5860 00/sl~v 6-26-04
77
EVAL UA TION FOR
b, Would the proposed project displace any existing recreational uses? AGENCY f~SE ONLY
If so, describe.
No
c. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or
applicant, if any:
None proposed.
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national,
state or local preservation registers known to be on or next to the
site? If so, generally describe.
None known.
b. Generally describe any landmarks or evidence of historic,
archaeological, scientific or cultural importance known to be on or
next to the sim
None known.
c. Proposed measures to reduce or control impacts, if any:
None proposed
14. TRANSPORTATION
a. Identify public streets and highways serving the site and describe
proposed access to the existing street system Show on site plans,
if any.
The site is accessed via Arsenal Way. Access to the right-of-way
will be via a local access road constructed in a private road tract.
b Is site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
The area is served by Kitsap Transit. The closest bus stops are
located on Charlotte Avenue and G Street.
c How many parking spaces would the completed project have~
How marly would the pr~ect eliminate?
~5866 0(I spy/6-26-04 13
EIML L~4 TION FOR
The completed project will have 38 parking spaces. No parking AGE. VCYUSEONLY
will be eliminated.
d. Will the proposal require any new roads or streets, improvements
to existing roads or streets, not including driveways? If so,
generally describe (indicate whether public or private).
A local access road will be provided to serve the plat. The road
tract will remain private with ownership and maintenance to be
shared by all 18 lots.
e. Will the project use (or occur in the immediate vicinity of}
water, rail or air transportation? If so, generally describe.
No
f. How many vehicular trips per day would be generated by the
completed project? If known, indicate when peak volumes would
occur.
According to the Institute of Transportation Engineer's "Trip
Generation Handbook", approximately 173 vehicle trip ends would
be generated by the completed project. Peak hours of traffic
generation would be between 7 and 9 am, and between 4 and 6
g. Proposed measure to reduce or control transportation impacts, if
any:
None proposed', other than the items previously discussed above.
PUBLIC SERVICES
Would the project result in an increased need for public services
(for example: fire protection, police protection, health care,
schools, other)? If so, generally describe.
No increased services would be required other than those services
that could be needed for a small residential community.
b. Proposed measures to reduce or control direct impacts on public
services, if any
~-on_e_p_roposed.
# 5866 O0 gpv,6-26-O 4 14
?'9
16. UTILITIES EI/AL UA TION FOR
a Check utilities currently available at the site: AGENCY US~,
[] electricity [] natural gas [] water
[] refuse service [] telephone [] sanitary sewer
[] septic system [] other CATV
C. SIGNATURE
The above answers are true and complete to the best of my knowledge.
I understand that the lead agency is relying on them to make its decision.
Signature: ~. ~}z ;' /W~_ ~.~,//~_ C~ ,'~ (9,"-
Date Submitted: ~' -c~,.d:'~-- ~-~
': 5866.00 spy 6-26-04
EXHIBIT "A"
LEGAL DESCRIPTION
TX. ACCT. NO. 222401-1.-021-2004
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER CONVEYED
BY AUDITOR FILE NO. 1000375 DESCRIBED AS FOLLOWS, BEGINNING AT A POINT 315.6 FEET
EAST OF THE NORTHWESTERLY CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE WEST 108.6 FEET; THENCE
SOUTH 364.51 FEET MEANDER LINE TO THE NORTH MARGIN OF COUNTY ROAD; THENCE
EASTERLY ALONG THE NORTH MARGIN OF SAID COUNTY ROAD TO A POINT SOU'I~ OF
POINT OF BEGINNINg, THENCE NORTH 4.474 FEET MEANDER LINE TO POINT OF BE(3INNING
EXCEPT PORTION THEREOF CONVEYED TO K1TSAP COUNTY FOR ROAD PER AUD1TOR FILE
NO. 314350 EXCEPT ROADS SUBJECT TO EASEMENTS OF RECORD OF CITY OF BREMERTON,
SHORT PLAT RECORDED UNDER AUDITOR FILE NO. 7805150109 (B-34).
AND,
TX. ACCT. NO. 222401-1-022-2003
THAT PORTION OF THE NORTH-WEST QUARTER OF THE NORTHEAST QUARTER
CONVEYED BY AUDITOR FILE NO. 1000375 DESCRIBED AS FOLLOWS, BEGINNING AT A
POINT 318.6 FEET OF THE NORTHWEST CORNER OF THE sOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE RLrNNING EAST 240.4
FEET; THENCE RUNNING SOUTH 296.34 FEET TO CENTER OF COUNTY ROAD; THENCE
RUNNING ABOUT 249 FEET WESTERLY IN CENTER OF COUNTY ROAD; THENCE RUNNING
NORTH ABOUT 404.74 FEET TO POINT OF BEGINNING, RESERVING SOUTHERLY 15 FEET
FOR COUNTY ROAD PURPOSES, EXCEPTING PORTION CONVEYED BY RIGHT OF WAY
DEED AND EXCEPT ROAD SUBJECT TO EASEMENTS OF RECORD, CITY OF BREMERTON
SHORT PLAT, RECORDED UNDER AUDITOR FILE NO. 7805150109 (B-34)
$15866.00/SPV/5-14-04
82
RESOLUTION NO. oq.q, ~ ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the preliminary plat and
planned unit development (File No. BP04-00334).
WHEREAS, the City has received a Preliminary Plat and Planned Unit
Development application for the north side of Arsenal Way, 200 feet east of Marion Avenue
from Habitat for Humanity of Kitsap County; and
WHEREAS, On October 19, 2004, the Administrative Heating Examiner held an
open record hearing on the application pursuant to BMC 21.02.855; and
WHEREAS, the Administrative Hearing Examiner has entered findings,
conclusions and a recommendation to the City Council dated November 23, 2004 Council's
acceptance and approval; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION L The City Council hereby approves and adopts the findings,
conclusions and recommendation of the Administrative Hearing Examiner attached as Exhibit
"A" and approves the preliminary plat and planed unit development for north side of Arsenal
Way, 200 feet east of Marion Avenue (File No. BP04-00334) subject to the proposed conditions
contained in Exhibit "A."
SECTION 2. SeverabiliW. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION3. ~f. fective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this
day of ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk
R:\LEGAL\ResolutionsX,Commun/ty Development\Arsenal Way PUD.doc
I
Arsenal Way Preliminary Plat and PUD
83