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HomeMy WebLinkAbout05/26/04 AGENDA ..... FILE 239 4th Street ,, Bremerton, WA 98337 * Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY 26, 2004 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business B. Proposed Resolution authorizing lAC Grant Application for Skateboard Park presented by Jodi Wroblewski of the Parks & Recreation Department (no action will be taken this week) 2. CALL TO ORDER: 5:30 P.M, in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Claims & Check Register (#AB04-091) B. Hiring of Patric J. Coxon as Wastewater Manager at Pay Band 15, Rate 7 (#AB04-092) C. Supplement No. 1 to Professional Services Agreement with PARAMETRIX, INC. for SR 304 Transportation Improvement Project, Missouri Gate Phase (#AB04-093) 4. MAYOR'S REPORT 5. NEW BUSINESS - There are no NEW BUSINESS items this week... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS ~A~. Ordinance N°' 4898 [Sec°nd Reading] relating t° Unauth°rJzed Camping, Parking Restrictions in j r,~ Public Rights-of-Way, and Enforcement of Parking Infractions (#AB04-089) Ordinance [First Reading] amending Bremerton Municipal Code 21.02 relating to Notice Requirements for Final Subdivision Plats (#AB04-094) Ordinance [First Reading] establishing a City of Bremerton Arts Commission and "1% for the Arts" Program for City-funded capital projects (#AB04-095) D. Ordinance [First Reading] relating to the Restructuring of the "Department of Finance" and of Administrative Services" into the "Department of Financial Services"; and creating "Department new position of Finance Officer at Salary Band 16; and new Job Descriptions for the position of "Director of Financial Services", "City Clerk", "Assistant Finance Officer", and "Budget Analyst"; and approve a Budget Adjustment to increase the Department of Financial Services in the amount of $40,000 (#AB04-096) E. Resolution No. 2926 adopting new City Council Rules & Procedures (#AB04-097) F. Closed-Record Hearing on proposed Resolution No. 2927, approving and adopting the Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner to approve the Preliminary Planned Unit Development and plat for CAMPBELL WAY TOWN HOMES (#AB04-098) 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us COMMENTS BEFORE THE CITY COUNCIL ON 26 MAY, 2004 by Helen Miller Page 1 ofl I THINK 1N THESE ECONOMIC TIMES IT IS IRRESPONSIBLE AND EXCEEDINGLY ARROGANT OF YOUR COUNCIL REPRESENTATIVES AND THIS ADMINISTRATION TO DECIDE (]l~ A ONE PERCENT SLICE OF NEW CONSTRUCTION - FOR THE ARTS ... WITH POLITICAL APPOINTEES TO DETERMINE WHO GETS HOW MUCH OF YOUR TAX MONEY AND HOW IT WILL BE SPENT. WHEREVER WE'VE LIVED 1N THE PAST - WEALTHY CORPORATION AND ESTATES - SUCH AS BOEING AND MICROSOFT ENDOW THE ARTS - NOT BLUE COLLAR HARD WORKING - BARELY MAKING ENDS MEET CITIZENS. AND THAT - WITHOUT PUBLIC DEBATE OR A PUBIC VOTE; MAYBE WE'RE ALL TOO STUPID TO KNOW WHAT 'VISUAL ART' IS ABOUT, OR WHAT IS GOOD FOR US. THE SELECT FEW WILL DECIDE. THEY ARE CLOSING SCHOOLS AND THREATENING TO CLOSE LIBRARIES; WE NEED MORE POLICE ON THE STREETS AND MORE EQUIPMENT TO SUPPORT THEM - BUT YOU CAN BET; AS IT HAPPENED LAST YEAR, THAT WHEN IT COMES TO BUDGET TIME COUNCIL AND THE ADMINISTRATION WILL SAY o "SORRY - WE CAN'T AFFORD MORE POLICE AND SERVICES THE BUDGET IS REAL TIGHT.". Ci~ Co_uncil - Le_t!er of Con_cer_n from Del K?auss ....... Page From: City Council To: Council Members; Roger Lubovich Date: Tue, May 25, 2004 10:59 AM Subject: Letter of Concern from Del Knauss FYI... >>> Del Knauss <damknau$$@comcast. net> 05/24/04 07:53PM >>> TO ALL COUNCIL MEMBERS (Please distribute to each Council Member): Regarding Resolution 2926 (AB04-097), you already have declared the first Wednesday of each month a study session, held in the back room with no public input. Now you are proposing that the Council meeting held on the third Wednesday of each month not be televised and be held in the back room, opened to the public to attend, with public input on agenda items, but no public recognition. It is beginning to appear to me that this Council is trying their best to eliminate the public from seeing what our council is really doing and discussing. Council has to realize, not all people at home have computers to check the city website to stay updated, and many people watch your Wednesday night council meetings. You should not have to drive downtown to attend a back room meeting to find out what is going on in the City. Most cities do all they can to televise their meetings. Bremerton seems to be moving in the opposite direction. I do not understand your intent of doing away with another televised council meeting. It is the most effective way for the public to keep informed about what our elected officials are doing and how they are thinking. I feel since we have changed Council Presidents and new council members have come on board, the Council as a whole has been moving toward cutting the public out of the process. It seems to me that the only time some Council Members care about what the public has to say is when they are running for office. This change has eliminated two opportunities for public recognition and restricts announcements such as our Sister City, Little Britches Rodeo, Concerts on the Boardwalk, etc. Every Council member knew when they ran for office that there were four televised Council meetings per month, and not one Council member campaigned to reduce the number of televised meetings that help keep the public informed. I urge you to reconsider changing the council meetings schedule and keep it as it is now. Thanks, Del Knauss 139 Olympic Avenue Bremerton, WA 98312 CC: Christine Grenier; Elaine Valencia; Paula Johnston Date of Call Name Phone # Wants Other Likes Meetings Comments Changes Televised 5/25/04 Earl Nelson 373-9478 x 5/25/04 Robert E. 373-1531 x Angel DATE SUBMITTED: BILL # tO~d AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval o Clmms and Checks Committee Meeting Date: Register COUNCIL MEETING Date: ~" -,~(~-O ~ Department: Financial Services Presenter: Cathy Johnson 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: F1NANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check #'s fl_~O"2arG7& through...7~O~7,.~ and EFT's ~203 through_ 2~ °~ ~0~-"~¢ in the amount of$ /~ ,~, 2) Regular Payroll for the pay period ending ~'~/5'--D? in the amount of $ ~;~.~. ~7.. 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action DATE SUBMITTED: BILL # ~- 0q ~ AGENDA BILL CITY OF BREMERTON ~8 CITY COUNCIL SUBJECT: Hiring of Wastewater Manager Committee Meeting Date: May 18, 2004 COUNCIL MEETING Date: May 26, 2004 Department: Public Works & Utilities Presenter: M MECHAM, P.E.. Phone: 473-5315 SUMMARY: City Council approval is requested to hire Mr. Patric J. Coxon as Wastewater Manager at a salary of $6123.00 per month. This equates to Pay Band 15, Rate 7. Mr. Coxon is being hired at this rate because of his current pay as Wastewater Treatment Plant Manager. His current pay is Pay Band 13, Rate 8 at $5685.52. Hiring at Band 15, Rate 7 will result in no loss of salary and an increase of $437.00 per month. ATTACHMENTS: Hiring Request/Hiring Letter/Position Description FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: CITY ATTORNEY: F1NANCE OIRECTOR: MAYOR: ~7¢~ OPE TIONS: CONSEnt A6E A [] RECOMMENDED MOTION: That the City Council approve the hiring ofMr. Patric J. Coxon as Wastewater Manager at Pay Band 15, Rate 7. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action HIRING/PROMOTIONAL TESTING REQUEST CATEGORY (Please check one): [] Civil Service X Exempt (Management/Professional) [] Seasonal/Temporary/PART-TIME [] Promotional Fund/Department: 535.8032 1. Position Classification & Pay Data: a. Proposed Position Title: WASTEWATER MANAGER Requested Salary/Hourly/Range: BAND 15, RATE 7 ($6123.00/MONTH) b. Hours of work per day: 08 and per week: 40 c. Projected hire/promotional date: JUNE 1, 2004 d. Projected termination date (if applicable): NA e. Number of positions of this classification being requested: ONE f. This is: An existing classification YES A new classification g. This isan authorized, budgeted position: X Yes [] No h. Personnel cost and distribution: (To be completed by Finance) 2. Position Duties: (Please attach job description or detail the essential duties and functions of the position requested). 3. Other Information: REQUESTED BY DEPT: P. R. LUCAS, ADMIN MANAGER MAY 12, 2004 Supervisor ~~.~~ Date MICHAEL C. MECHAM, P.E. MAY 12, 2004 Director Date APPROVED/DISAPPROVED: Explanation attached if disapproved: HR Director Date Finance Director Date Mayor Date PUBLIC WORKS & UTILITIES Admittistration HAND DELIVERED May 4, 2004 ~. Parc J. Coxon 1600 Oyster Bay Avenue S. Bremeaon, WA 98312 Re: Offer of Employment- W~t~ater Manager De~ ~. Coxon: T~s letter shall se~e as an o~cial oaEr ot employment made to you tot the pos~non ot Wastewater ~ager. T~s offer of employment is the entire offer, and there are no expressed or implied pro. scs or representations being offered other than as enumerated below. Your regular employment will commence June 1, 2004 at 7:30 ~. This is a re~lar sallied position wkh a normal work schedule ot 7:30 ~ to 4:00 P~ Monday t~ou~ Friday. Your sal~y will be approximately $6123.00 per month ~anagement Sal~ Plan Band 15, Kate 7) pending approvM of the City Council. Specific te~s and conditions oF employment for this poskion are as set fonh ~ BMC 2.50 (copy aaached). Please indicate by your signature below whether or not you accept this job offer under the te~s and conditions as outlined above. Sincerely, Michael C. Mecham, P.E Intedm Director of Public Works & Utilities C: C~ E. Bozeman, Mayor Roger Lubovich, Cky Attorney Michael Wilso~ Finance Director C~ol Conley, Hum~ Resources Director I hereby accept the position of Wastewater Manager Patric J. Coxon (Date) 3 CITY OF BREbIERTON Classification Specifications March i994 I 11 LE: WASTEWATER MANAGER No. 3895 ESSE~L FUNCTION Under the general direction of the Public Works and Uti/ities Director, responsible for managing on-guing contracted operations of the wastewater treatment p}ant and related outlying pumping facilities; coordinates the maintenance and repair of equipment not included in contracted services. Manages the development and implementation of the capital improvements plans for the utility's sewage collection, transmission and treatment systems. DISTINGUISHING CHARACTERISTICS TMs is a professional staff management classification with respons~iLity for managing the City's waste-water facilities, and operations and applying project scheduling, financial monitoring, regulatory processing, modification, recording and reporting techniques to major capital improvement plans or projects. ESSENTIAL DUTIES Wastewater Pro.am Management: Develops the preparation of budget requests for the wastewater system's operations maintenance and improvements; determines annual work program; evaluates material, equipment and service needs; prepares and justifies overall budget request. Recommends work to be performed by department personnel and work to be contracted to outside vendors. Implements and directs wastewater operating, safeq', performance and financial policies and procedures. Assures that all work is performed in compliance with local, regional, state and federal regulations; prepares reports. coordinates work to obtain permits and other regulatory documents, as needed. Contract Compliance: Coordinates, schedules and monitors wastewater treatment and conveyance systems work to assure compliance with contract specifications. Monitors NPDES permit compliance activity and initiates actions needed to as.sure continuing compliance. Gathers information and data to identify or establish system capital improvements/upgrades, maintenance and repair schedules; including timelines, budget control procedures, progress report foams and routines. Identifies permit status/requirements, initiates actions necessary for obtaining or coordinating work of others respons~le for assuringwork proceeds on schedule. Establishes monitoring documentation and reporting mechanisms. Assists in negotiating alterations to contract conditions necessary to effective operations; researches and coordinates production of necessaD- legal documentation. Participates in review of bids; rev/ems detailed provisions of contract documents; solves problems and ad-.Sses various individuals involved in system projects and operations. Wastewater System Capital Improvement Plan: Directs the d~elopment of long-range and short-term wastewater D'stem capital improvements plans and strategies. Identifies and recommends systemplan objectives, timelines and parameters. Coordinates communications among and between individuals involved in plan development; formats and consolidates V, Titten plan materials. Produces the detailed provisions of draft and Final wastewater system plan documents. Assists in inte~ating wastewater system improvement planswith other components of the City's overall Capital Improvement Plan. Explains plans to internal, citizen and elected official review groups. Coordinates revisions to the wastewater system plan in conjuction with updates to the City's Captial Improvements Plan. Information andlnter-A~encvCoordination: Coordinateswastewatersystems' activitywith other Citydepartments. Pro'.Sdes information to external organizations and the public. Coordinates information exchange with other agencies involved in operations or projects. Represents the City with external organizations on assigned subjects. Makes periodic verbal and written reports on activity and issues. General: Participates in the general administrative operations of the City. Responds to complaints, inquiries and requests. Performs other assigned work which is consistent with the responsibiLities of the classification and necessary to the CiD' and/or overall public works and utility operations. REQUIRED QUALIFICATIONS Knowledge of: Principles, practices and methods of wastewater ~'stem operations and plant management, its techniques and functions: Current professional engineering principles and standards for wastewater treatment, collection and transmission infrastructure and operations; Principles and practices of quantitative, Financial and sequential planning and analysis; Fundamental intent and basic provisions of mu nicipal, state and federal financing mechanisms [or major utility inlrastmcture projects. Techniques used for gathering, evaluating and summar~ng information for preparing records and reports; Management, personnel and ethical practices as applied to waste, water operations. 4 CITY OF BREMERTON Classification Specifications March 1994 TITLE: WASTEWATER MANAGER No. 3895 Essential Abilities Abilit~ to: Understand and apply civil engineering and management principles to plans and operation of wastewater systerru; Interpret and effectively apply complex goverranental policy intent and/or specific regulatory provisions to general and specific conditions; Evaluate, plan and estabfish a proper sequence of action for responsible personnel to accomplish goals; Provide formal and hfformal verbal and written informalion and ad,Ace to a wide variety of people and officials; Persuasively and ethically communicate ideas and assert a point of view in complex or controversial situations; Operate or learn to operate modern office microcomputer and telecommunications equipment and systems; Exhibit a high public se~Ace pr~orlty in contacts with the public and others encountered in the work; Apply principles of equal opportunity, affirmative action and the Americans with Disabilities Act in manag~g service functions. REQUIRED LICENSES AND CERTIFICA'~IONS A valid Washington State drivers's license is required and must be obtained prior to date of appointment or another date set by the City. A Washington State Class IV Wastewater Operator License is required. QualiNin~ Trainin~ and Experience Combined training and experience which demonstrates that a person has obtained the required knowledge and is able to perform the work required (with reasonable accommodation, if necessary). In the wastewater management profession, a person with the following combined training and experience would typically qualify to compete in a selection process: Graduation college with a bachelor's degree in environmental sciences, civil engineering or a closely related field and five (5) years of full-time paid experience in utility capital projects management, at least t~,,o of which shall have involved wastewater treatment plant operations, waste'water rystem development and implementation and one of which involved local government utility service work. LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT OCCUPATIONAL GROUP: Professional/Technical. Persons in the professional/technical group are assigned work wkich involves interpreting specialized statutoty, regnlatoty, and procedural provisions when applying them to differLng types of transactions, cases or technical projects. Assignments involye personally processing and/or supervising progress of related work or workers on transactions, cases or projects requiring: 1) professional academic education in the specified field, or 2) general academic education and substantial technical work experience and/or specialized education/training in the field. FAIR LABOR STANDARDS ACT: The position qualifies for exemption from the Fair Labor Standards Act mh'~imum wage and overtime provisions under the Act's Administrative Employees and Professional Employees exemptions. REPRESENTATION: The position is excluded from the non-uniformed bargaining unit pursuant to Washington Public Employment Relations Commission Decision No. 1346 - PECB dated the 19th day of January, 1982 under the second sentence reading, in relevant part: 'Excluding...Department Heads and their Assistants, Supervisors..?. CIVIL SERVICE: The classification is excluded from the Civil Service pursuant to Civil Service Rule 1.05 EXEMPT STATUS B. (1) "A management position second in command to a Department Head where the individual holding lhe position has major administrative or program responsib/lities or, alternatively, performs many of the functions of his/her superior in the superior's absence". APPOINTMENT AND REMOVAL AUTHORITY: The position is filled by appointment of the Department Head and removal is at the will of the Department Head in conformance with procedures established by the City. Director, Public Works and Utilities: Date: Personnel Director:. Date: Mayor: Date: City Council President: Date: Council Agenda Date: DATE SUBMITTED: May 3, 2004 BILL # 0/~ - O AGENDA BILL CITY OF BREMERTON 3 C~ CITY COUNCIL SUBJECT: Supplement No. 1 to Committee Meeting Date: Ma3' 18, 2004 Professional Services Agreement with COUNCIL MEETING Date: May 26, 2004 Parametrix, Inc. for Construction Support on Department: PW&U, Engineering the SR 304 Transportation Improvement Presenter: Michael Mecham Project; Missouri Gate Phase. Phone: 473.5288. SUMMARY: This Supplemental Agreement No. 1 adds scope and budget to the Professional Services Agreement with Parametfix, Inc., to allow expanded survey construction support for the SR 304 Transportation Improvement Project, Missouri Gate Phase. ATTACHMENTS: Supplemental Agreement No. 1 FISCAL IMPACTS (Include Budgeted Amount): Revises maximum amount payable for work from $20,000.00 to $ .G/g&7 .L OTThis cost is included in the project costs, which are funded by FHWA and TIB. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: f~f'<.~2 ~---~-~ FISCALm GET: OPE~TIONS: CO~CIL P~S~ENT: _~_~ t C~3~ ' ~COMMENDED ~OTIO~: Move to approve Supplememal A~eement No. 1 to the existing Professional Se~ices Agreement with P~ametfix, ~c. ~d authorize the Mayor to finalize and execute the necessary contract doc~ents for the a~eement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Supp I PSA, Parametrix, SR304 TIP, Missouri Gate Phase SUPPLEMENTAL AGREEMENT NO. 1 Addition to Scope of Work and Budget Project No. 1055 Agency City of Bremerton Name of Project SR 304 T.I.P~; The Missouri Gate Phase Agreement No.: 4402 The City of Bremerton desires to supplement the agreement entered into with Parametrix, Incorporated and executed on November 17, 2003. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE, is hereby supplemented with the attached Scope of Work dated May 3, 2004. Section 3, COMPENSATION, is hereby revised from $20,000.00 to a total amount not to exceed $56,654.07. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is Fifty Six Thousand Six Hundred Fifty Four dollars and Seven Cents ($56,654.07). If you concur in this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. Sincerely, Consultant's Signature Approving Authority Date: Date: Department Approval: Michael C. Mecham P.E. Interim Director, Public Works and Utilities Approved as to form: Attest: Bremerton City Attorney City Clerk EXHIBIT A - SUPPLEMENTAL SCOPE OF WORK City of Bremerton SR 304 Missouri Gate Phase Construction Staking INTRODUCTION Parametrix will provide the services of Construction staking for the SR 304 Missouri Gate Phase from Sta. 51+50 to Sta. 79+00. The City of Bremerton (City) began the construction staking for this project and Parametrix will cotnplete the work on a time and materials basis. This scope of services amends the existing contract "SR 304 Missouri Gate Construction Support", Task 1 Construction Staking. Task I - Construction Staking GoM: Parametrix will provide construction staking services as indicated in the introduction. This task is supplemented with the following elements of work. Appro~clt: The following approach applies: · Administration and Coordination: This work accounts for the time required to administer the project and coordinate with the various project participants and includes: Project set up Schedule and budget monitoring Monthly progress reports Construction meetings, coordination, and correspondence with City staff(15 meetings lasting 30 minutes are budgeted). Coordination with adjacent projects including the Navy's Missouri Gate Relocation. · Construction Staking: The surveyor will provide staking for the installation of utilities, for the construction of the roadway, and other facilities as described below: ~ Provide a hub at 5-foot offset to bottom face of curb on the east side of the road, including the median. Also provide quarter points, low point, and curb ramp location at curb returns. Provide centerline stakes at 50~foot intervals for SR 304 and side street alignments. £Stv of Bremerton Mtssouri Gale C~)nstruction Stal~i~g [ Mftv 3. 2004 Supplemental #1 to PSA Provide blue top hubs for top of subgrade elevations at 50-foot intervals on the lane line of the inside lane. Provide red top hubs for top of crashed rock elevations at 50-foot intervals on the lane line of the inside lane. Provide spot elevations at 25-foot intervals on each lane line in areas where an overlay is proposed for the pre-level course of asphalt. Provide spot elevations at 25-foot intervals on each lane line in areas where an overlay is proposed for the final course of asphalt. After finished paving, provide paint marks at the edge of pavement at stations critical for charmelization. Provide straddle reference points at each monument location to aid the Contractor in placing the new monument case, pipe, and cover. Upon installation of the monument case, cover, and pipe, the surveyor will replace the concrete core, brass monument, and tack or wire. Provide references to the existing monuments within the project limits. Stake the irrigation waterline from Sta. 62+00 to approximate Sta. 74+04. Stake the traffic signal loops. ;- Stake temporary traffic control channelization for Phase 2 through Phase 4. Stake illumination poles and junction boxes on the east side of the road. Assumptions: The Construction Staking Task incorporates the following assumptions: It is assumed that the construction duration will extend through October 15, 2004 for approximately 150 working days. The City will transmit to Parametrix survey control and staking information that is currently available to them. The City will also provide two (2) half-size and one (1) full-size set of construction plans. · A minimum of three (3) full working days notice to the surveyor shall be required for staking requests. Staking requests shall be for a minimum of one full day of work for the survey crew. · All stakes shall be set one time only. Replacement shall be additional work. · Storm sewer catch basins and manholes have already been staked for line and grade, along with the lines connecting storm structures. C¥0' o~Bremerton Missou/'i Gate £~nstraciiotl Staking £ 31a~ 3. 2004 Supplemental #l to PSA · Curb, gutter and side~valk has been staked and constructed on the west side of the road. · Illumination poles and junction boxes have been staked and constructed on the west side of the road. · The cantilever sign pole foundation has been staked and constructed. · Signal pole foundations and junction boxes have been staked and constructed. · The irrigation waterline has been staked and constructed from Sta. 57+50 to approximate Sta. 62+00. · The Contractor is responsible for all staking outside of the roadway prism. The Contractor is responsible to stake the berms in the landscape areas per the landscape grading plan. EXHIBIT B Budget Task I - Construction Staking Administration and Coordination .................................................................................................. $5,908 Construction Staking ................................................................................................................... $44,303 Labor Subtotal ............................................................................................................... $50,211 In-House Expenses ........................................................................................................................... $839 Total Budget Required to Complete Task 1 ............................................................... $51,050 Remaining Task 1 Budget ...................................................................................................... $14,395.93 BUDGET AMENDMENT TOTAL ....................................................................... $36,654.07 Budget Breakdown Original Effort to Budget Budget New Budget Date Remaining Amendement Budget Task 1 - Construction Staking 17,000.00 2,604.07 14,395.93 36,654.07 53,554.07 Task 2- Construction Engineering 3,000.00 1,656.85 1,343.15 0 3,000 20,000.00 4,260.92 15,739.08 36,654.07 56,654.07 C/0, oJ Bremerton Mlasou~5 Gate Construction Staking ! May 3, 2004 Supplemental ~1 to PS.4 11 DATE SUBMITTED: April 28, 2004 BILL # AGENDA BILL CITY OF BREMERTON 6 h CITY COUNCIL SUBJECT: Public heating on ordinance May-4, relating to unauthorized camping, parking COUNCIL MEETING Date: ~MaSM4.-S~M-ay-t~, 2004 restrictions in public rights-of-way, and Department: City Attorney's Office enforcement of parking violations Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the BMC do not contain adequate provisions relating to unauthorized camping in parks and other public locations. Further, the provisions relating to parking restrictions in public rights-of-way and enforcement of parking violations contained in the BMC require updating. The proposed ordinance creates a new BMC chapter relating to unauthorized camping and updates provisions relating to parking restrictions in public rights-of-way, and enforcement of parking violations. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: MAYOR: OPERATIONS: j-?_.) ~~ ~ AGENDA [] COUNCIL PRESIDENT: _'~a&a--~ ~/X_...-- RECOMMENDED MOTION: 2. I move to pass Ordinance No. q[ ~ c~ ?3 on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 12 ORDINANCE NO. ~ ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of thc Bremerton Municipal Code, Chapter 9.32 entitled "Unauthorized Camping" to establish provisions relating to unauthorized camping in parks and other public places and further amending Chapter 10.11 entitled "Enfomement" to update provisions relating to parking restrictions in public rights-of-way and enforcement of parking violations. WHEREAS, the current provisions of the Bremerton Municipal Code do not contain adequate provisions relating to unauthorized camping in parks and other public places; and WHEREAS, the City Council finds it appropriate to update the current provisions of the Bremerton Municipal Code relating to parking restrictions in public rights-of-way and enforcement of parking violations; and WHEREAS, the City Council desires to adopt provisions relating to unauthorized camping and update the provisions relating to parking in order to promote the health, safety and welfare of the comanunity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. A new chapter, Chapter 9.32 entitled "Unauthorized Camping" is hereby adopted to read as follows: Chapter 9.32 UNAUTHORIZED CAMPING 9.32.010 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) Camp means (i) to dwell, reside within or use camping facilities for temporary or permanent habitation or housing; and/or (ii) to use camping paraphernalia. (b) Camping facilities include, but are not limited to, recreational vehicles, motor vehicles, trailers, tents, huts, or temporary shelters. (c) Camping paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city-designated cooking facilities and similar equipment. (d) Director means any director of a City of Bremerton department having authority over a public place or any other person authorized by the mayor to exercise such authority or his or her designee. 1 Unauthorized Camping/Parking (e) Park means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation grounds under the jurisdiction of the City of Bremerton Parks and Recreation Department. (f) Public place means and includes streets, ways, boulevards, sidewalks, planting or parking strips, shoulders, squares, triangles, rights-of-way, publicly owned parking lot or publicly owned area, improved or unimproved, and other public places appropriated to the public for public use, including buildings, structures and appurtenances situated thereon. (g) Recreational vehicle means a travel trailer, motor home, track camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (h) Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (i) Street means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the City of Bremerton open as a matter of right to public vehicular travel. 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by city code or ordinance, it shall be unlawful for any person to camp in any park or other public place. 9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 below or as otherwise provided by city code or ordinance, it shall be unlawful for any person to store, pitch or park camping facilities or to store or pitch camping paraphernalia in any park or other public place. Recreational vehicles may be parked in authorized parking spaces within city public rights-of- way subject to the provisions of Chapter 10.11 BMC. 9.32.040 PERMIT. (a) The director is authorized, by permit, to allow persons to camp, occupy camping facilities, or use or store camping paraphernalia within or on any park or other public place that may be designated by the city for such use in the City of Bremerton subject to other applicable codes or ordinances. (b) The director may approve a permit as provided under this section if the director determines that: (1) Adequate trash receptacles, trash collection and sanitary facilities are available; (2) The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of property owners in the area; and (3) The camping activity is not reasonably likely to provoke disorderly conduct or create a disturbance. (c) The director may place terms and conditions on any permit as he or she finds appropriate for the conditions considering the use and impacts of such use. 2 Unauthorized Camping/Parking 9.32.050 PENALTY FOR VIOLATIONS. (a) Civil Infraction. A violation of any provision of this chapter shall constitute a civil infraction subject to a monetary penalty of one hundred five dollars ($105.00). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (b) Habitual violators - misdemeanor. Any person, after receiving three or mom infractions, singularly or in combination, for prior violations of this chapter within a two-year period found to be committed by the Municipal Court, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said two-year period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of determining whether or not a violator is a habitual violator. 9.32.060 RULES AND REGULATIONS. The director may promulgate roles and regulations he or she deems necessary and appropriate to implement, administer and enforce this chapter. SECTION 2. The title to Chapter 10.11 of the Bremerton Municipal Code entitled "Enforcement" is hereby amended to read as follows: Chapter 10.11 PARKING ENFORCEMENT SECTION3. A new section, Section 10.11.050 entitled "Definitions" is hereby adopted to read as follows: 10.11.050 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) Director means Director of Public Works or other department director authorized by the Mayor to enforce this chapter, or their designee. (b) Right of way or Street means any highway, avenue, lane, road, drive, place, boulevard, alley, right-of-way, ways, boulevards, sidewalks, planting or parking strips, shoulders and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. (c) Recreational vehicle means a travel trailer, motor home, track camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (d) Vehicle means track, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle, dune buggy, off road vehicle, or marine vehicle (trailered or non-trailered), whether licensed or unlicensed, or motorized or non-motorized, unless otherwise defined 3 Unauthorized Camping/Parking SECTION4. Section 10.11.010 of the Bremerton Municipal Code is hereby amended to read as follows: 10.11.010 ADDITIONAL PARKING VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit and No Re-park Zones. (1) Downtown Core. Where a time limit and no re-park is established by official signs, no vehicle may be re-parked on either side of the same street in order to extend the vehicle's parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be re-parked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the vehicle was originally parked upon. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be re-parked within four (4) blocks of original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt fi.om posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10.10 BMC. (d) Counterfeit Tokens, Permits or Script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. (e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (0 Unauthorized Handicapped Parking. It is a traffic infi.action for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license place, card or decal as provided for in RCW 46.16.381 (1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infi.action if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) UnlawfulParking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on 4 Unauthorized Camping/Parking 16 vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director ~ff- is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director ....................... ~t shall be unlawful for any person to fail to surrender a parking permit as directed. (1) Parking or Storage of Vehicles within Right-of-Way. Except when otherwise provided by right-of-way use permit or other appropriate city or state permit~ the parking or storage of vehicles shall be subject to the following parking restrictions: (1) Time Restriction. Parking or storage of any vehicle in excess of seventy- two (72) consecutive hours, ,, .................................... ~ ........................ ~n a public right-of-way shall be unlawful w~t~c, uta ~gkt cf way u~v, -~: ..... ~ ........ ....... v ........ Dunng continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the cc,::vc, ya,':cc cr mc, tc, r vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of- way for purposes of calculating the seventy-two (72) hour parking restriction. (2) Oversized Vehicles -Additional Restrictions. The city council finds that the parking and storage of vehicles exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds ("oversized vehicles") presents unacceptable risks and hazards to public health~ safety and welfare when such vehicles are parked or stored on city streets at times when such vehicles are not engaged in business or commercial activity. Because of these risks and hazards to public health~ safety and welfare~ the city council further finds that the parking and storage of such vehicles on city streets should be minimized. Therefore~ in addition to the restrictions set forth in subsection BMC 10.11.010(1)(1) abov% no oversized vehicle may re-park in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. Relocation of any oversized vehicle within five hundred (500) feet and still within a public right-of-way shall be considered a previously parked location within the right-of-way. (m) Parking Against Trqffic. Except when otherwise provided by city code~ ordinance or resolution~ it shall be unlawful for any vehicle to stop or park upon a right of way unless; (1) stopped or parked parallel (or at an angle when authorized) to the traveled portion of the right ofway~ (2) in the direction of authorized traffic movement of the right of way immediately adjacent thereto~ and (3) within twelve inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this subsection and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC~ the provisions of this subsection shall apply. (mn~ Parla'ng Fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. 5 Unauthorized Camping/Parking ~7 (moo Parla'ng Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. SECTION 6. Severability. 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 force 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, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the _day of ., 2004 ORDINANCE NO. R:\LEGAL\OrdinancesXUnauthorized Camping Ordinance.doc 6 Unauthorized Camping/Parking DATE SUBMITTED: May 10, 2004 BILL # 04 - t.O AGENDA BILL C1TY OF BREMERTON ~ B CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: May 18, 2004 amending Ch. 21.02 BMC relating to notice COUNCIL MEETING Date: May 26 & June 2, 2004 requirements for final subdivision plats Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: Chapter 21.02 BMC requires technical corrections to Section 21.02.850 and Appendix Figures 840 and 895(a) in order to correct the hearing requirements relating to final subdivision plats. These decisions are subject to a City Council closed record decision rather than an Ad~ninistrative Hearing Examiner open record public hearing as currently noted. The proposed ordinance makes the necessary corrections. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ~ CITY ATTORNEY: F1NANCE DIRECTOR: FISCAL/BUDGET: OPERATIONS: COUNC~ PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bre~nerton, Washington, amending Sections 21.02.850 and 21.02.855 and Chapter 21.02 Appendix Figures 840 and 895(a) of the Bremerton Municipal Code relating to the type of decision and notice requirements for final subdivision plats. WHEREAS, the current provisions of Section 21.02.850 of the Bmmerton Municipal Code indicate that a decision on a final subdivision plat is a Type III Administrative Hearing Examiner Decision subject to an open record public hearing; and WHEREAS, Section 36.70B.050 RCW allows for only one open-record hearing for a project permit application; and WHEREAS, the provision of Ch. 58.17 RCW require an open-record hearing during preliminary approval of a subdivision plat application; and WHEREAS, a decision on a final subdivision plat should be subject to a closed record decision by the City Council and not subject to a decision of the Administrative Hearing Examiner; and WHEREAS, the current provisions of Chapter 21.02 Appendix Figures 840 and 895(a) relating to permit processing and notice requirements also indicate that a final subdivision plat is subject to an open record public hearing; and WHEREAS, the City Council desires to make technical corrections to Section 21.02.850 and Chapter 21.02 Appendix Figures 840 and 895(a) in order to correct the type of decision and hearing requirements for final subdivision plats; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission and the provisions of RCW 36.70A. 106 are inapplicable; NOW THEREFORE, THE CiTY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL Section 21.02.850 of the Bremerton Municipal Code entitled "Type III Administrative Hearing Examiner Decisions" is hereby amended to read as follows: I Final Subdivision Plat 20 21.02.850 TYPE III ADMINISTRATIVE HEARING EXAMINER DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. ~-~ .................... lat. (_1~) Variance. (25) Non-administrative Special Use Permit. (b) Decision Format: Type III decisions shall be made in writing supported by findings of fact and conclusions of law. (c) Final Decision: Type III decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (d) Appeal: Type III decisions may be appealed to Superior Court within the Twenty-one (21 ) calendar days following the date of issuance of the decision. SECTION2. Section 21.02.855 of the Bremerton Municipal Code entitled "Type IV City Council Decisions" is hereby amended to read as follows: 21.02.855 TYPE IV CITY COUNCIL DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, denied, or remanded by the City Council foilowing an open record pre-decision public hearing by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC, unless noted otherwise. Public notice is required for Type IV actions. Recommendations will be provided by the Administrative Hearing Examiner to the City Council following a public hearing. Staffmay conduct additional neighborhood meetings when required or when otherwise warranted by the Director for public information or data gathering purposes. An asterisk (*) denotes actions that are exempt from the 120-day permit processing requirement. A double asterisk (**) denotes actions that do not require a recommendation from the Administrative Hearing Examiner. (1) Preliminary Subdivision Plat. (2) Vacation of existing subdivision. (3) Planned Unit Development (PUD). (4) Major amendment to a PUD. (5) Binding Site Plan. (6) Rezone for specific properties or small area. (7) Development Agreement. * (8) Final Subdivison Plat** (b) Decision Format: Type IV decisions shall be made by motion, resolution, ordinance, or other form appropriate to that particular decision and suitable for recording. (c) Final Decision: Type IV decisions are made by the City Council following the Administrative Hearing Examiner's open public hearing and are final when issued for purposes of appeal. (d) Appeal: Type IV decisions may be appealed to Superior Court within the twenty- one (21) calendar day appeal period, or on the effective date of the ordinance, whichever is longer. 2 Final Subdivision Plat 21 SECTION 3.. Chapter 21.02 Appendix Figure 840 is hereby amended to read as indicated in Exhibit A attached hereto and incorporated herein. SECTION 4. Chapter 21.02 Appendix Figure 895(a) is hereby amended to read as indicated in Exhibit B attached hereto and incorporated herein. SECTION5. 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 6. Eft'ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 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, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ., 2004 ORDINANCE NO. R:LLEGAL\Ordinances\Community Development\21.02 Fig 840 and 895(a).doc 3 Final Subdivision Plat 22 PERMIT.PROCESSING SUMMARY Figure 840 Administrative I Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Record P~-~-Oeoisie~ Closed Record Hearing and Open Record Decision Decision Hearing and Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits ' (on appeal) · Home occupation * (on appeal) · Land uses permitted outright * (on appeal) · Boundary line adjustment * (on appeal) Miner amendment to approved PUD * (on appeal) · Minor amendments to other permits * (on appeal) · Temporary emergency wetland or * (on appeal) stream permits · Clearing less than 2 acres * (on appeal) · Grading less than 100 cu. yds. *(on appeal) · Landscape plan * (on appeal) · Site Plan review * (on appeal) · Recreational vehicle 90-day permit * (on appeal) · Building Permits *(on appeal) · Alternative Setback *(on appeal) · Alternative Landscaping *(on appeal) · Permit or Approval Revocation *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison *(on appeal) · SEPA Determination *(on appeal) · Wetland or stream assessment *(on appeal) · Wetland or stream development *(on appeal) permit · Env. Area Determination *(on appeal) · Administrative Special Use Permit *(on appeal) · Design Review *(on appeal) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat *(on appeal) · Permit or Approval Revocation *(on appeal) Type III Decisions BMC 21.02.850 · F!.".a! ~'Jbd!';!c!c.", P!at *(delete *) · Variance · Non-administrative Speciar Use Permit · Senior Housing Complexes · Permit or Approval Revocation Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * · Vacation of existing subdivision · Planned Unit Development * · Major amendment to a PUD · Binding Site Plan · Rezone for specific properties or small area · Development Agreement · Final Subdivision Plat Title 21 Appendix EXHIBIT A 23 EXHIBIT B Figure 895(A) NOTICE REQUIREMENTS Page 1 of 2 Title 21 Appendix EXHIBIT BI Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Title 21 AL;~_.pendix DATE SUBMITTED: March 17, 2004 BILL # 0/'~ - 0 ~ AGENDA BILL CITY OF BREMERTON ~ C CITY COUNCIL SUBJECT: Public Heating on Ordinance Committee Meeting Date: ~ establishing a City of Bremerton Arts COUNCIL MEETING Date: ..... ,~ .,, __.~ A__: ....... ................ v .......... Commission and a One Percent (1%) for the Department: City Attorney's Office Arts Program for City funded capital projects Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: Public art is recognized as a stimulus to the vitality, economy and culture of our community, enhancing the quality of life for all citizens because of its public nature. The proposed ordinance establishes a City of Bremerton Arts Commission and a One Percent (1%) for Arts Program for the City. Further, the proposed ordinance establishes procedures for the acquisition and display of art for the One Percent (1%) for Arts Program. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: , ,~ . , CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: 1o I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 26 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a City of Bremerton Arts Commission and a One Percent (1%) for the Arts Program for City funded capital projects. WHEREAS, public art is recognized as a stimulus to the vitality, economy and culture of our community, enhancing the quality of life for all citizens because of its public nature; and WHEREAS, the City Council desires to establish a City of Bremerton Arts Commission; and a One Percent (1%) for Arts Program for the City; and WHEREAS, the City Council desires to establish procedures for the acquisition and display of art for the One Percent (1%) for Arts Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter of the Bremerton Municipal Code, Chapter 2.32 entitled "Arts Commission" is hereby created to read as follows: Chapter 2.32 ARTS COMMISSION 2.32.010 PURPOSE OF ARTS COMMISSION. (a) The City of Bremerton supports expanding experiences with the arts through public art to enhance the quality of life for its citizens. Public art has enabled people in all societies to understand more clearly their communities and individual lives. Artists creating art for public places benefits the community and enhances the City's standing as a center for artists. A policy is therefore established to direct the inclusion of works of art in public places ("Public Art") in the City through a program to be known as "One Percent (1%) for Arts Program" funded through a One (1%) Percent for Arts Fund as set forth in Chapter 3.12 BMC. In administering the Arts Program, it is the City's desire to: (1) Enhance and enrich the City's physical environment and public spaces. (2) Consider opportunities to celebrate the multi-cultural and diverse character of Bremerton. (3) Contribute a sense of ownership and pride in spaces and public facilities to Bremerton citizens. 2.32.020 ARTS COMMISSION ESTABLISHED. (a) Membership. The Arts Commission shall consist of seven members. Members shall include but not be restricted to representatives of: painters, sculptors, music, literature, 1 1% for Art Ordinance 27 architects, and landscape architects. Appointment to the Arts Commission shall be made by the Mayor subject to confirmation by the City Council. (b) Terms. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with four (4) year terms, two (2) members with three (3) year terms, two (2) members with two (2) year terms and one (1) member with a one (1) year term. (c) Compensation. Commissioners shall serve without compensation. (d) City Officials/staff No City official or employee may be a member of the Arts Commission, nor may any citizen having a conflict of interest be a member of the Arts Commission. (e) Conflict of Interest. No Commission member may submit works for consideration during his/her term of office. As soon as a conflict of interest becomes apparent, the board member shall disclose to each of the members voting on the matter the nature of his/her interest in the issue and shall be disqualified from participating in any debate, decision or vote relating to that issue. (f) Administrative Support. The Department of Community Development shall provide administrative support for and work with the Arts Commission to carry out its duties. (g) Maintenance. The Arts Commission shall oversee the conservation and maintenance of any Public Art and shall prepare reports as requested for submittal to the City Council on the condition and maintenance requirements of all Public Art. (h) Community Outreach. The Arts Commission shall support citizen forums and workshops, gather information and/or assist in education/informing the public about public art and the City's Public Art collection. (i) Rules and Procedure. The Arts Commission shall establish rules and procedures it deems necessary and appropriate to administer and implement the One Percent (1%) for Arts Program. These rules and procedure may address the following: (1) Additional qualifications for future appointment to the Arts Commission; (2) Methods for selection of artists and art for Public Art projects; (3) Incentives for the inclusion of art in private projects; (4) Artists' rights and responsibilities relative to Public Art; (5) Maintenance and preservation of Public Art; (6) Deaccessioning and removal of Public Art; (7) Public education and community outreach; (8) Private funding and gifts for Public Art. 2.32.030 ARTISTS' INVOLVEMENT IN ART PROGRAM. (a) Planning. Artists may be selected to assist in the evaluation of options, strategies, limitations, opportunities for art, and aesthetic design in capital projects before the scope, quality, schedule, and budget are fixed. (b) Site Specific Work. Artists may be selected to design artwork for a specific location. (c) Individual Works of Art. Artists may be commissioned to create a work of art or existing works of art may be purchased. 2 l% for Art Ordinance 28 SECTION 2. A new chapter of the Bremerton Municipal Code, Chapter 3.12 entitled "One Percent (1%) for Arts Fund" is hereby created to read as follows: Chapter 3.12 ONE PERCENT (1%) FOR ARTS FUND 3.12.010 DEFINITIONS. (a) "Art Advisory Panel" is a committee consisting of a group of individuals, including artists, art and design professionals and non-artist citizen representatives appointed by the Chair of the Commission to advise and assist the Commission in selecting artists to provide works or services to the City under the Arts Program. An advisory panel may be directed by the Chair to consider a single or multiple projects and more than one committee may be appointed and serve concurrently to consider separate projects. (b) "Arts Commission or "Commission" means the commission established in Chapter 2.32 BMC. (c) "Arts Fund" or "One Percent (1%)for Arts Fund" means the common pool for appropriated funds and donations that are accumulated pursuant to this chapter. (d) "Arts Program" or "One Percent (1%)for Arts Program" means the policies and strategies that will identify opportunities and implement a program for creation and display of public art within the City as well as determine project budgets for public art. This task shall be implemented by the Arts Commission and staff working in partnership with project departments and citizens. ~r- e.,~'~ ~x~,tt[ (e) "Capital Improvement Project" means any city project(s), or any~portion thereof, as specifically identified in the City's Capital Improvement Program except that Capital Improvement Project does not mean; (1) capital improvement projects of municipal utilities as set forth in Chapter 15 BMC, (2) CDBG grant capital improvement projects, (3) general maintenance of any project. (4) capital equipment. (f) "CDBG" means Community Development Block Grant. (g) "City" means the City of Bremerton. (h) "Commission" means the Arts Commission established in Chapter 2.32 BMC. (i) "Commissioner" means an individual appointed to serve on the Arts Commission. eff.~ i n~c[ltu~d e4'aO,~u (j) "Construction Cost" is defin al construction costs, architectural and engineering fees, project administration,/site preparation, and contingency allowances. It does not include land acquisition, financing~¥urnishings, fixtures, and equipment. For City construction projects that do not involve the construction of buildings, such as sidewalks, "construction" shall have its usual and customary meaning but shall exclude the cost of sales tax, ----pr-ot~y acquisition, and financing. (k) "Council" or "City Council" means the Bremerton City Council. (1) "Project Department" means the department or division of the City responsible for construction of a Capital Improvement Project. (m) "Public Art" means original visual creations which are sited in a manner accessible and visible to the public and shall include the production or arrangement of sounds, 3 1%for Art Ordinance 29 colors, forms, movements or other elements in a manner that enhances the sense of beauty and has aesthetic value. Public art may also include artist made or designed building parts that are structural or functional elements ora building, structure, park or other facility. Public art may include an area or space specifically designed, constructed and managed as a display area for other works of art. (n) "Public Space" is any place or property within the City limits which is open to the general public for its use, or which is in public view, or is generally accessible and visible to the public. (o) "Site Preparation" shall mean all work performed in, on, or around a project site in anticipation of subsequent construction work inclusive of, but not limited to, select demolition, rough grading, environmental assessment and remediation, erosion control and security fencing. 3.12.020 ONE PERCENT (1%) FOR ARTS FUND ESTABLISHED. (a) Project funds for Capital Improvement Projects as calculated and established in Section 3.12.030 as well as donations made to the Arts Program shall provide the revenue for pumhase of works of art. At the request of the donor, donations may be earmarked for particular projects. (b) The One Percent (1%) for Arts Fund is hereby established. If the one percent (1%) amount authorized for a given project is not expended, or ifa surplus is available due to the work of art costing less than one percent (1%) of the total project cost, then the non-expended amount shall be deposited and pooled into the "One Percent (1%) for Arts Fund" for use on projects approved by the Commission. (c) No more than ten percent (10%) of the total amount budgeted for work of art may be expended on the administrative costs of the program. 3.12.030 FUNDING BASIS. Beginning with the fiscal year 2005 budget, all Capital Improvement Projects as defined in this Chapter will contribute to the One Percent (1%) for Arts Fund. (a) Calculation of Contribution to Fund. The amount of the annual appropriation for art shall be equal to one percent (1%) of the total eligible funds of Capital Improvement Projects as follows: (1) At a minimum, the amount budgeted for art in a Capital Improvement Project shall be equal to one percent (1%) of the total construction costs as bid and awarded. (2) In all cases where a Capital Improvement Project has a scope of work that includes both eligible and ineligible elements and categories, the budget for art shall be calculated, at a minimum, in the eligible portions of the project. In all cases where a Capital Improvement Project includes a source of funds which is eligible for a public art purpose but which may not be pooled with other funds and may not be used for another or different project, the budget for art in that Capital Improvement Project shall include one percent (1%) of such eligible funds. (b) Pooling of Funds. A policy is hereby established to direct the transfer to and pooling of all One Percent (1%) for Arts Fund Program monies in the Arts Fund. Pooling affords the opportunity to look at the needs of the City as a whole and use the art monies only for those projects which may have the greatest value and impact on communities or offer the best opportunities for artist involvement. 4 l % for Art Ordinance 30 (c) Appropriation of Funds. At the time a Capital Improvement Project is proposed, the Project Department shall calculate and include a budgeted line item for art in each eligible project. The Finance Department shall confirm the calculations and include the appropriations for art in the proposed City budget. The amounts budgeted for art in particular projects may be adjusted to reflect Council changes to the budget for the Capital Improvement Project. All amounts budgeted for art shall be transferred directly into the Axts Fund. Fund transfers to the Arts Fund will occur as soon as practicable after a bid has been awarded for the project. 3.12.040 SELECTION OF PUBLIC ART. (a) Each project providing funds to the Arts Program may apply to the Arts Program for funding for any art proposed to be incorporated into the project. (b) The Arts Commission shall make preliminary selections of the artist and the Public Art to be funded under the Arts Program. The Arts Commission may empanel an Art Advisory Panel to assist in this selection. The Commission's preliminary selection of artist and Public Art shall be presented to the City Council as a recommendation for City Council Approval. 3.12.050 AUTHORIZED EXPENDITURES FROM ARTS FUND. (a) The selection, acquisition, and display of works of art which may be an integral part of the project or which may be placed in, on, or about the project or other public space. (b) Artist fees, design, planning, and pre-design service contracts and commissions. (c) Expenses for technical assistance provided by architects and/or engineers to artists in order to design, document, and/or certify the artwork. (d) Repair and maintenance of City public artworks benefited by the One Percent (1%) for Arts Fund. (e) Citizen forums and workshops to gather information and/or educate/inform the public about public art and the City's public art collection. (f) Documentation and public information material for the One Percent (1%) for Arts Program and public art projects. SECTION3. 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. SECTION4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2004 PASSED by the City Council the day of ., 2004 DAREN NYGREN, Council President 5 1%for Art Ordinance 32 Approved this day of ~, 2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2004 EFFECTIVE the day of _, 2004 ORDINANCE NO. R:LLEGAL\Ordinanc es~.rt Ordhaance.doc 6 1% for Art Ordinance 32 DATE SUBMITTED: May 6, 2004 BILL AGENDA BILL Oq CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing/Ordinance Commi~ee Meeting Date: May 18, 2004 relating to mstmturing the Depa~ments of CO~CIL MEETING Date: May 26, 2004 Finance and Administrative Se~ices into Depa~ment: Office of the Mayor Dep~ment of Fin~cial Se~ices; creating a Presenter: Cary Bozem~ new position of Fin~ce Officer and Phone: 473-5266 modifying other job descriptions SUMMARY: Combine the Depa~ents of Administrative Services ~d Fin~ce into the new Depamem of Fin~cial Se~ices. This new depa~ment would be comprised of the divisions of Fin~ce, Office of City Clerk, BKAT ~d Info~ation Iec~ology. In order to accommodate the restructuring of the Depa~ment, the new position of Finance Officer needs to be created ~d new job descriptions for the positions of Director of Financial Services, City Clerk, Assistant Finance Officer ~d Budget Analyst need to be approved. ATTACHMENTS: Ordinance, Commi~ee Repo~, Job Descriptions, Budget Adjustment, Org cha~ FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact for the 2004 General Fund Budget is estimated to be $40,000. A budget adjustment to increase the Depa~ment of Fin~cial Serivces by $40,000 needs to be approved by the City Council to cover the cost of adding the Fin~ce Officer position of the remaining months within this fiscal year. APPROVALS: DEPARTMENT DI~CTOR:4~~ ~.__~~ CITY ATT0~EY: /~ ~ F~ANCE DI~CTOR: 1~ (~ FISCAL/BUDGET: 7 ~ 0PE~TIONS: ~~~ ~., CONSENT AGENDA ~" CO~CIL PRESIDENT: ~ ~..,.~ ~COMMENDED MOTION: A. I move to approve the attached ordin~ce on first reading, creating the new Depa~ment of Fin~cial Se~ices. B. I move to pass Ordinance No. on second reading, creating the new Dep~ment of Financial Services, move to approve the new position of Finance Officer at salary band 16 and new job descriptions for the positions of Director of Financial Services, City Clerk, Assist~t Finance Officer ~d Budget Analyst, and move to approve a budget adjustment to increase the Depa~ment of Financial Se~ices' 2004 Budget in the amount of $40,000. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Reorganization Committee Report The Reorganization Committee consisted of Council Members Will Maupin, Cecil McConnelt and Mike Short, and Mike Wilson and Cathy Johnson from the Finance Department. This report presents the findings of the Council Members on the committee. The Council Members recommend approval of the proposed reorganization per the attached organization chart with the following conditions: 1. The department shall be rifled "Department of Financial Services". The department head's title shall be "Director of Financial Services". 2. The Position Descriptions (PD's) for new or changed positions shall be as revised during the meeting of April 23, 2004. 3. Council approval is required for the new organization structure, the PD for the Director of Financial Services and the budget adjustment required for the new Finance Officer position. 4. Continue progress on restructuring BKAT as directed by Council during the FY2004 budget approval process. Future actions: 1. Study the Public Works and Utilities accounting organization to determine if the function should be combined with the Finance Division. 2. Look at the Human Resources department to determine if it should be integrated into the Department of Financial Services. 34 35 PROPOSED STAFFING STRUCTURE DEPARTMENT OF FINANCIAL SERVICES ADMINISTRATOR OFFICER CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Director of ....................... F~nanc~al Services DEPARTMENT: Administration and Financial Services SALARY: Range 19:$6,276 - $7,746 DATE: April, 2004 GENERAL FUNCTION Plans, directs and supervises the activities of the following ....................... Financial Services' Divisions: ' u ..... v Finance, · ...............eo, City Clerk, Information Services, Bremerton Kitsap Access Television (BKAT). This position plans, organizes, directs, and evaluates the City's overall administrative support services, financial operations, fiscal planning functions and administrative support services ~,,4 ........ r,;,,, REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provide guidance, direction and management support to the ................... and Financial Services Divisions. Ensure accountability for completion of departmental goals, objectives and work functions. · Develop goals and objectives, assist staff in achieving programs and objectives, and monitor outcomes. Provide advice and information to other departments, Mayor and City ^ n~;~; ..... ;~ ~·.~ Financial Services Council in support of the Department of requirements and city goals and objectives. Develop new systems and procedures to improve efficiency. · Manage budgets, hiring, termination, performance evaluations and employee counseling. Justify funding and program requirements to Mayor and City Council. · Review and prepare proposed legislation, testify before legislative committees and meet with legislators. Coordinate internally with Mayor, City Council and staff and externally with other governments, local Chamber of Commerce, business, AWC and city consultants. · Participate in a variety of special projects as directed by the Mayor such as economic development strategies, new facilities, and purchase and sale of land. · Compile and coordinate research for surveys and prepare reports. Advise, develop and implement policy, procedure, ordinances and resolutions. Review and sign off on agenda items for City Council. Seek funding opportunities through grants and legislation. Respond to inquiries and complaints from officials, staff, outside agencies and the public. · Design, negotiate and administer contracts, franchises and agreements · Participate on statutory committees and with other civic, community and professional organizations. Represent city at public functions and meetings, and maintain awareness of changes and opportunities for local government through professional organizations. 37 · Provides financial operations, planning and consulting services to the Mayor, City Council and City departments on specific municipal finance issues, budget preparation, and consequences of fiscal alternatives and options. · Prepares City-wide written finance-related policies and procedures (sometimes through ordinances and resolutions) that help safeguard the City's assets and ensure compliance with State regulations. · Coordinate the state and federal legislative action program for the city. Negotiate large contract and franchise agreements. · Assists the Mayor in overseeing and coordinating the City's cyclical major financial planning functions, including its annual and multiple-year budget and City-wide capital improvement program (CIP), and coordinating the production of related official City publications. · Monitors financial trends and budgeted revenues and expenditures of the City to ensure that fiscal responsibility and control is maintained and to assure the fiscal well being of the City. · Plans, coordinates and manages the City's interim and long-term debt finance issues in accordance with the City's debt management policies, including retention of qualified bond counsel and underwriter(s). · Reports the results of City financial operations to both City management and the City Council through monthly and quarterly reporting. Provides financial analyses, reports and information to the Mayor, City departments and City Council to optimize effective and responsible decision-making. · Interfaces with the State Auditor during the annual audit of the City, coordinating the City's compliance efforts, and responding both orally and in writing to recommendations, concems and findings. · Develops the annual revenue estimates for use in developing the annual or biennial budgets. Prepares, monitors and is responsible for the budgets of the Financial Services Department, Miscellaneous Non-Departmental, all debt service funds, City capital improvement programs, and other Mayor-assigned operating funds and departments. · Directs and oversees the preparation of various State, federal and other agency reports and ensures that payments made are in compliance to State and federal statutes and regulations. · Provide professional City-related financial advice to the Mayor, City Council and Department Directors, making verbal and written presentations as may be needed or requested; provides financial analyses and interpretations of consultant, legislative, and other related mandates and proposals impacting the City's financial position. KNOWLEDGE~ SKILLS AND ABILITIES: Knowledge of: · City ordinances, policy, charter and state law relating to municipal government Generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques · City computer software application systems and information systems technology and applications 2 38 · Modem principles and practices of management and supervision, and public sector personnel laws, regulations and policies · Advanced level of contract development and negotiations · Proficiency with PC and various application software · Mastery of budgetary principles, practices, operations and procedures · State BARS and general State law as it relates to municipal finance in Washington State · General business and financial management practices needed to operate effectively in the City's general business environment Ability to: · Communicate effectively and maintain quality-working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people · Allocate resources effectively · Effectively plan, develop and maintain complex detailed administrative projects and programs · Create a work environment that fosters teamwork and collaboration · Conduct effective public presentations geared to a wide variety of audiences · Negotiate complex agreements that adhere to the goals, strategic plans and policies of the City · Interpret and understand complex information and legal documents and conceptualize, organize, and direct complex and interrelated financial functions and planning programs to promote, accuracy and compliance with laws and financial management standards, and to produce information which will assist the Mayor achieve the City's objectives and overall mission · Skill in preparing and directing the preparation of policies, procedures, ordinances, resolutions, comprehensive budgets, analyses, reports and recommendations · Understand the City's political environment and have sensitivity to that environment, and have the ability to function effectively within that environment · Identify the department's future direction in response to changing City needs, and to develop, implement, and monitor appropriate plans, goals and objectives, schedules and action steps · Plan and organize and to meet rigid schedules and demanding time-lines · Establish and execute complex oral and written instructions and to apply available guidelines to various situations · Provide leadership, counsel, motivation, and constructive performance reviews to department personnel at all levels, securing their respective commitments to the goals of the department and the City. · Quickly grasp technical financial principles and procedures, and to carry on more than one function at a time in an environment subject to many distractions QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in business or public administration or closely related field and seven years increasingly responsible work experience in a supervisory or administrative capacity. MBA or MPA highly desirable. 3 39 PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting over 30 pounds. Regular presentations require public speaking ability and the use of audio visual equipment. Must be able to understand and give complex written and oral instruction. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by Mayor and confirmed by the City Council. Removed by Mayor. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. 4 40 CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Finance Officer DEPARTMENT: A~ministrati','c Set'Aces and Financial Services DIVISION: Finance SALARY: Range 16: $5,412- 6,593 DATE: April, 2004 GENERAL FUNCTION Under general direction of the Director of A~m~nistrat!;'c $cr'Acez Financial Service~, performs complex professional, administrative and technical accounting and finance duties or functions in maintaining the fiscal records and systems of the City of the City. Plan, organize, control and direct the financial operations of the City including budget, accounting, financial reporting, debt issue and management, cash and investment management, capital improvement program, utility rate-making, financial analysis and modeling of current and potential City activities and projects and serves as City Treasurer. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provides financial support, advice and guidance to the all departments of the City. · Assists in the preparation and monitoring of the annual City budget, development of the capital improvement program, and assessment of the annual revenue estimates for use in the annual budget. · Oversees and coordinates the City's financial reporting efforts, including coordinating the preparation and production of the City's CAFR (Comprehensive Annual Financial Report), State BARS (Budgeting, Accounting and Reporting System) reports, and other financial surveys and reports. · Manages the investment and cash position of all City funds to ensure that investment returns are maximized to the extent consistent with the City's investment policies. · Assists in planning and directing the analysis necessary for the setting and implementation of rates for the City's utilities through the public and political process. · Supervises, evaluates and directs the work of Finance division employees. · Directs the City's accounting and reporting operations, including maintaining its accounting systems, establishing and maintaining internal financial controls, preparing all required financial reports, conducts internal audits, all in accordance with sound business practices, applicable City ordinances/resolutions, State laws, and GAAP (Generally Accepted Accounting Principles). · Directs the development and maintenance of the City's cash receipting and disbursement systems, including accounts receivables, centralized cashiering, accounts payable, payroll, non-expense disbursements, travel advance, debt service, LID accounting, and other finance and accounting related systems. · Demonstrate the effects of alternative decision options using financial modeling, studies and analysis. · Prepares various State, Federal and other agency reports and ensures that payments made are in compliance to State and Federal statutes and regulations. · Works with the State Auditor during the annual audit of the City to ensure the City's compliance efforts. · Ensures that the City's accounting structure complies with State BARS. · Trains, develops, directs and evaluates Finance Department staff to: 1) help expedite work flow and to improve efficiency and effectiveness of department operations; 2) achieve their individual goals; 3) foster teamwork; 4) collectively achieve the depart- ment's mission; and 5) lead to employees' growth and accountability for their actions. KNOWLEDGE, SKILLS AND ABILITIES (Entry Requirements) Knowledge of: · State BARS and general state and federal laws regulating the financial activities of Washington municipalities · In-depth knowledge of generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques. · The bond market and forces affecting the price of fixed income securities · Mastery of municipal accounting and budgetary principles, practices, operations and procedures. · General business and financial practices needed to operate effectively in the City's general business environment. Ability to: ,, Analyze complex and interrelated financial functions and planning programs to promote accuracy and compliance with laws and financial management standards, and to produce information which will assist the City in achieving its objectives and overall mission. · Purchase and sell fixed income securities to maximize the City's financial return within an acceptable level of risk and liquidity · Communicate effectively both verbally and in writing, and maintain quality working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people. · Manage multiple complex financial assignments and to allocate resources effectively · Be proficient with PC and financial systems application software · Assist in the preparation of budgets, analyses, reports and recommendations. · Establish and execute complex oral and written instructions and to apply available guidelines to various situations. · Quickly grasp technical financial principles and procedures, and to carry on more than on function at a time in an environment subject to many distractions. · Plan and organize and to meet rigid schedules and demanding time-lines. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in business, accounting, finance or closely related field and six years increasingly responsible work experience with five years in a supervisory or administrative capacity. Public accounting experience and MBA, MPA or CPA highly desirable. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional li~ing over 30 pounds. Occasional presentations require public speaking ability and the use of audio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out o£ state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by the Director of A~m:.nigtrati:': ~ Financial Services. Removal is by action of the Director of Adminigtrat[;'c ~ Financial Services in conformance with procedures established by the City. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. CITY OF BREMERTON JOB CLASSIFICATION POSITION TITLE: Assistant Finance Officer DEPARTMENT: A~ministrat.:ve Ser,'ices an~ Financial Services DIVISION: Finance SALARY: Range 14:$4,903 - $5,973 DATE: April, 2004 GENERAL FUNCTION Under the direction of the Finance Officer responsible for professional accounting work in all City departments. Plans, manages and directs the preparation, analysis and audit of financial records to ensure completeness and conformance with established accounting practices. Manages and directs accounting and financial reporting systems and staff in conformance with applicable statutes, regulations and policies. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Implement and administer financial systems Citywide in accordance with sound accounting practices, state rules and regulations, and city ordinances, policies and regulations. Assess automated financial reporting systems and enhancements needed for more effective or efficient processing of accounting transactions and repons. Participate in the selection of new financial systems. Initiate requests for and implement system enhancements. · Plan, supervise and participate in the preparation of annual and interim financial statements and repons using generally accepted accounting principles and governmental accounting standards. · ~ Supervise and evaluate accounting staff. Provide for the training of citywide staff in accounting related tasks. · Implement policies, procedures, and standards for the efficient and effective operation of city accounting activities. Make recommendations to Finance Officer for changes to existing policies and procedures and assist in implementation of changes in other areas. Assist in the preparation of the annual City budget. ,, Assist the Finance Officer in research and analysis related to financial activities as necessary. · Review accounting entries prepared by Finance staff and other departments for accuracy and appropriateness. · Provide technical advice, information and other support to all City departments in support of budget processes, financial information and documentation needs, accounting and financial reporting technicalities, etc. · Assume the duties of the Finance Officer in his/her absence. 44 · Provide other duties as assigned by the Finance Officer or Director of Financial Services. KNOWLEDGE~ SKILLS AND ABILITIES (Entry Requirements) Knowledge of: · Generally accepted accounting principles and standards. · State governmental accounting procedures and standards. · Modem principles and practices of management and supervision. Ability to: · Solve complex technical accounting and financial problems. · Plan, organize and oversee assigned work programs, including monitoring work schedules, legal requirements, and progress reviews. · Develop and recommend policies, procedures and budgets to meet division objectives and overall goals of the department. · Prioritize, assign, monitor and evaluate the work of assigned staff. · Communicate effectively with individuals and groups regarding complex or sensitive issues or regulations both orally and in writing.. · Establish and maintain effective working relations with city staff, outside agencies and the community. · Analyze and evaluate operations and develop and implement corrective action to resolve problems. Skill in: · Proficiency in spreadsheets, word processing and financial accounting software. · Operating modem communications devices, office reproduction equipment and other devices. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) A ...... ~;~+:^" ~,~ ........... Graduation from an accredited college or university with a Bachelor's degree in accounting, or closely related field, and five (5) years of full-time paid accounting and financial reporting experience at least three of which involved supervisory responsibility and automated data processing accounting systems. CPA, MBA or MPA highly desirable. PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Requires frequent sitting, standing and walking, and occasionally required to lift objects up to 25lbs. This position requires continuous hand and finger movement, visual acuity at 20 inches or less, and frequent hearing acuity for speech discrimination. Must be able to talk and to receive and understand written and oral communication and give written and oral instruction. The position requires ability to calculate mathematical problems. WORKING CONDITIONS The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Work is performed primarily in an office environment. Attendance at meetings may require working evening hours. LEGAL and REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is not included in the City's Civil Service System. · Appointment and Removal Authority: The position is filled by appointment by the Director of A~m;~:'&~at:~vc $cr',Scc~ Financial Services. Removal is by action of the Director of -- ' Financial Services in conformance with procedures established by the City. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Budget Analyst DEPARTMENT: Financial Services DIVISION: Finance SALARY: Range 10: $4,024- $4,903 DATE: April, 2004 GENERAL FUNCTION Under the direction of the Director of A~m~nistrat:.ve SerAces an~ Financial Services, plans, organizes and coordinates fiscal planning, development, implementation and monitoring of the City's annual budget and Capital Improvement Program. Performs financial and statistical analysis needed to support decision making by elected officials and senior staff: Monitors actual financial performance and compares to budgetary projections. Analyzes and interprets variances. Prepares a variety of reports and recommendations. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Coordinates the development, implementation and monitoring of the City's annual budget and Capital Improvement Program. Analyzes submittals from departments for conformance with instructions and objectives. Performs fiscal analysis on a variety of issues in support of and to facilitate budgetary decision making. · Analyzes actual operating results of each department through the year and compares to projected performance. Monitors the cash flow and cash positions of City funds where required. Interprets data and presents results to senior management. · Responds to special requests for financial data and analysis and for information on current and proposed projects and programs. Interprets results and formats to facilitate decision making. · Coordinates and facilitates production of the budget, Capital Improvement Program and annual financial report documents. · Maintains files for retired LEOFF I Police and Fire personnel. Provides information to payroll for monthly pay. Calculates annual increases or increases due to contractual negotiations of the active employees and communicates to the retiree changes to their benefits. Forecasts annual financial requirements for budget inclusion. · Monitors financial trends and budgeted revenues and expenditures of the City to ensure that fiscal responsibility and control is maintained and to assure the fiscal well being of the City. · Reports the results of City financial operations to both City management and the City Council through monthly and quarterly reporting. Provides financial analyses, reports and information to the Mayor, City departments and City Council to optimize effective and responsible decision-making. · Develops the annual revenue estimates for use in developing the annual budgets. 47 · Computes costs for all personnel in the City for each budget and estimates effects of potential retirees for pay outs and excess compensation payments, labor negotiations and health insurance. · Assists in the assembly of the City's annual report. · Assists in the preparation and distribution of the monthly, quarterly and annual budget status reports. · Performs research assignments, surveys and studies as pertains to the City's budget or finances. · Other finance or administrative support projects and tasks as assigned by the Director of Financial Services. KNOWLEDGE~ SKILLS AND ABILITIES: Knowledge of.' · Municipal government structure, statutes and department responsibilities · RCW's relating to budget preparation and LEOFF ! retiree benefits. · Union contracts and their affects on City budgets. · Proficiency with PC including Excel, Word, Org Plus, Pagemaker and other various application software. · Mastery of municipal government budgetary principles, practices, operations and procedures. · State BARS manual as it relates to municipal budgets and annual financial reporting in Washington State. · Government accounting principles. · General business and financial management practices needed to operate effectively in the City's general business environment. Ability to: · Perform budget, financial, research and administrative duties with minimal supervision. · Gather, organize and analyze large amounts of data accurately. · Communicate effectively and maintain quality-working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people. · Manage tasks, time and allocate resources effectively. · Create a work environment that fosters teamwork and collaboration. · Understand the City's political environment and have sensitivity to that environment, and have the ability to function effectively within that environment. · Plan and organize and to meet rigid schedules and demanding time-lines. · Quickly grasp technical financial principles and procedures, and to carry on more than one function at a time in an environment subject to many distractions. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Bachelors degree in finance, accounting, public administration, business administration, or a related field and two three years of analytical experience involving budgeting and reporting of 2 48 data or equivalent combination of education and experience. Should be proficient in business PC software applications and have strong communication skills. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting up to 25 pounds. Must be able to clearly read computer screen. WORKING CONDITIONS Work is primarily performed in an office environment; sustained posture in a seated position; prolonged periods of intense attentiveness to computer use. Some evening and weekend work may be required in order to meet budget and reporting timelines. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by the Director of Financial Services and removal is at the will of the Director of Financial Services. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. 3 49 CITY OF BREMERTON JOB DESCRIPTION TITLE: City Clerk DEPARTMENT: Administrative Set;Sees ~,~nd Financial Services DIVISION: City Clerk's Office SALARY: Range 12:$4,422 - $5,412 DATE: April, 2004 GENERAL FUNCTION Under the general administrative direction of the Director of .... Financial Servicea, the City Clerk is responsible for establishing, authenticating, and maintaining all official City records and directs the operations of all statutory and assigned functions of the Office of City Clerk working directly with the Mayor, City Council and City Departments. REPRESENTATIVE ESSENTIAL DUTIES · Develops, implements and monitors all public services provided by the Office of City Clerk. · Develops procedures to ensure that a repository for City records is maintained in accordance with all legal requirements. · Attends City Council meetings, coordinates and schedules agenda bill preparation and presentation to Council. · Acts as City Council Parliamentarian. · Develops, directs and monitors contract compliance · Prepares divisional budget based on requirements and resources available for submission to Department Heads. · Responsible for special projects as assigned such as serving on various boards, contract negotiation and drafting proposed legislation. · Responds to inquiries from the general public, officials, staff and outside agencies. · Develops, implements and monitors Citywide record management policies and programs. · Prepares, reviews, and maintains City codes, ordinances, resolutions, contracts, leases, and other legal documents. · Directs the public record processes and ensures that proper notice and publication requirements are met and coordinates public disclosure requests. · Manages certain Citywide service contracts · Establishes City website development policies and coordinates content development of the site. · Serves as LEOFFI Pension Boards Secretary and manages policy development and pension benefits. · Assists the Director ofA~m~ni~trafion an~ Financial Services in providing research, coordination and administrative support with various project tasks and assignments. REQUIRED QUALIFICATIONS Knowledge of: Municipal Code, resolutions, ordinances, and the Revised Code of Washington. · Applicable legal procedures of the City and other governmental agencies. · Principles and practices of records management and budgeting. · Basic principles of the conduct of public meetings of elected and appointed bodies. · Good knowledge of the fnnctioning of city government and the political process. · Parliamentary procedures. Ability to: · Ability to appropriately interpret and apply laws and regulatory provisions to a situation and determine a course of action. · Good skills in the use of computers and related equipment and software. · Ability to effectively communicate orally and in writing with the public, city officials agencies and the business community. · Ability to work independently in evaluating, researching, and coordinating various assigned projects and tasks to a successful conclusion. · Ability to evaluate, plan, prioritize and implement program goals and objectives. · Ability to plan, schedule, and review the work of others using effective supervisory techniques. QUALIFYING EXPERIENCE AND EDUCATION Any combination equivalent to: Bachelor's Degree in Public Administration, Business Administration, or related field and five (5) years experience in local government administration. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lifting over $0 30 pounds. Occasional presentations require public speaking ability and the use of audio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. 2 51 · Appointment and Removal Authority: Appointed by the D~ ....................... p.e ~ ............. ~ .... Mayor. Removal is by action of the Dircctzr of established by the City. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. 3 52 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.05 of the Bremerton Municipal Code relating to departments and directors; repealing Chapter 2.08 relating to the Administrative Services Department; repealing Chapter 2.09 relating to the Finance Department, and enacting a new Chapter 2.09 entitled "Department of Financial Services" establishing divisions reporting to the Director of Financial Services. WHEREAS, Title II of the Bremerton Municipal Code sets forth the stmcture of the departments of City government; and WHEREAS, the City Council desires to restructure certain departments by repealing Chapter 2.08 entitled "Administrative Services Department," Chapter 2.09 entitled "Finance Department" and enacting a new Chapter 2.09 establishing the Department of Financial Services and re-designating certain departments as divisions within the Department of Financial Services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of the Bremerton Municipal Code entitled "Administrative Services Department" Chapter is hereby repealed in its entirety. SECTION2. Section 2.05.010 of the Bremerton Municipal Code entitled "Departments" is hereby amended to read as follows: Chapter 2.05 DEPARTMENTS AND DIRECTORS 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Ch. 2.06 Office of the City Attorney Ch. 2.07 Economic Development Department Ch. 2.09 Department of Financeial Services Ch. 2.10 Department of Public Works and Utilities Ch. 2.15 Department of Community Development Ch. 2.16 Fire Department Ch. 2.17 Parks and Recreation Department Ch 2.22 Human Resources Department Ch. 2.34 Police Department 1 53 SECTION 2. Chapter 2.09, of the Bremerton Municipal Code entitled "Finance Department" to hereby repealed and a new Chapter 2.09 is hereby enacted to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by City Council. 1. Finance; 2. Information Technology; 3. Office of the City Clerk; and 4. Bremerton Kitsap Access Television (BKAT). 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director -Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There is hereby created the positions of Finance Officer, Information Technology Manager, City Clerk, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service role or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: 54 (a) Be responsible for assisting in the management of the city's investment and debt portfolios. (b) Assist city administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all city funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology division with the responsibility to provide technological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. Them is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 3 55 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financi~ Services may direct or as may be required by law. SECTION 3. Severability. 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 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 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, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances\Administration\Financial Services.docR:~LEGAD,©rdi~anzes\A~m!n[:;tratic:n\Fina:~::ia! Ser..ices.~c 4 239 4th Street ,, Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 April 30, 2004 Reorganization Committee Report: The Reorganization Committee consisted of Council Members Will Maupin, Cecil McConnell, and Mike Shod; and Mike Wilson and Cathy Johnson from the Finance Department. This report presents the findings of the Council Members on the committee. The Council Members recommend approval of the proposed reorganization per the attached organization chad with the following conditions: 1. The department shall be titled "Department of Financial Services". The department head's title shall be "Director of Financial Services". 2. The Position Descriptions (PD's) for new or changed positions shall be as revised during the meeting of April 23, 2004. 3. Council approval is required for the new organization structure, the PD for the Director of Financial Services and the budget adjustment required for the new Finance Officer position. 4. Continue progress on restructuring BKAT as directed by Council during the FY2004 budget approval process. Future actions: 1. Study the Public Works and Utilities accounting organization to determine if the function should be combined with the Finance Division. 2. Look at the Human Resources department to determine if it should be integrated into the Department of Financial Services. Subrr~itted res. pectfull, y this 3(~h day of April in the year 2004. ,Wit~M~pi~-n~ Com~iEee ~r Mike Short Cecil McConnell E-rnoik citycouncil@ci.bremerton.',~us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: May 13, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing on resolution Committee Meeting Date: May 18,2004 repealing Resolution No. 2774 and adopting COUNCIL MEETING Date: May 26, 2004 new Rules and Procedures for the City Department: City Attorney's Office Council to conduct orderly business Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The City Council desires to update the Rules and Procedures for the City Council. The proposed resolution repeals Resolution No. 2774 and adopts new Rules and Procedures for the City Council to conduct orderly business. ATTACHMENTS: Proposed Resolution jSJ ~', .~L-~. Z-{..; FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ,, ~ , MAYOR:FINANCE DIRECTOR: OPERATIONS: '{) I'} ~--l}}----~ ..... ~ll COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No .... repealing Resolution No. 2774 and adopting new Rules and Procedures for the City Council to conduct orderly business. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 58 RESOLUTION NO. ,~q~-k~, A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 2774 and adopting new Rules and Procedures for the City Council to conduct orderly business. WHEREAS, the City Council adopted Resolution No. 2774 on October 25, 2000, which adopted Rules and Procedures for the City Council to conduct orderly business; and WHEREAS, the City Council desires to update the Rules and Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. Resolution No. 2774 is hereby repealed in its entirety. SECTION2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION $. Severabilitv. 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. SECTION4. Effective Date. This Resolution shall take effect and he in force immediately upon its passage. PASSED by the City Council of the City of Brcmerton, 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:\LEGALhResolutions\City Council\Council Rules and Procedures.doc 1 Council Rules and Procedures 59 Bremerton City Council Rules & Procedures Rules & Procedures Page 1 CONTENTS RULE 1 - MEETINGS .................................................................................................................. 2 RULE 2 - PRESIDING OFFICER - DUTIES ............................................................................ 4 RULE 3 - COUNCIL MEMBERS ............................................................................................... 6 RULE 4 - AGENDA CONTROL ................................................................................................. 7 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ............................... 7 RULE 6 - DEBATES .................................................................................................................... 8 RULE 7 - PARLIAMENTARY PROCEDURE ......................................................................... 9 RULE 8 - ORDINANCES - RESOLUTIONS ............................................................................ 9 RULE 9 - MISCELLANEOUS .................................................................................................... 9 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT ........................................................ 11 RULE 11 - PUBLIC HEARINGS .............................................................................................. 11 RULE 12 - -CLOSED RECORD HEARINGS ......................................................................... 13 EXECUTIVE TELEPHONE DIRECTORY ........................................................................... 15 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council conference room, Bremerton City Hall, Bremerton, Washington. Meetings may be relocated to accommodate special needs or circumstances. If the regular meeting falls on a holiday, the regular meeting shall be held on the next business day pursuant to RCW 42.30.070. Rules & Procedures Page 2 62 a. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: a. If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e-mail, or by FAX; b. If a member is actually present at the time the meeting convenes; or c. If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: Rules & Procedures Page 3 62 a. consideration of acquisition or sale of real property if public knowledge would adversely affect the price; b. discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; c. to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; d. evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; e. to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and f. to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to Council Chambers, as applicable, for Adjournment of the meeting. Confidential discussions during Executive sessions shall not be disclosed by any Council member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these roles. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the Rules & Procedures Page 4 start of the first meeting of each year, or at such time as necessary due to a vacancy. If both the President and Vice President are absent and a quorum is present, the Chair of the Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: a. Preserve order and decorum in the Council Chamber at all times; b. Observe and enforce all roles adopted by the Council for its government; c. Decide all questions on order, in accordance with these roles, subject to a challenge as provided in Rule 6 Subsection 4., below; and d. Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; e. The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same roles and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments, subject to majority approval of the full Council. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: a. Standing Committees: (i) Legislative Review Committee consisting of the full council membership, with the Council President as chair, to serve each week as a regularly scheduled committee meeting immediately following the non- televised council meeting in the council conference room, or other times and locations as designated, to hear matters to be placed on the regular council meeting agendas and other council business. Rules & Procedures Page 5 (ii) Fiscal & Budget Committee to serve as directed by the Council President, (iii) Operations Committee to serve as directed by the Council President, (iv) Audit Committee per the City Charter and Chapter 2.18 BMC, (v) Lodging Tax Advisory Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these roles and procedures. b. Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. c. Intergovernmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member will be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. Rules & Procedures Page 6 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant and presented to Council Committees. The Council President may reject any agenda item not complying with this procedure. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to ~ council committee or the City Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL BUSINESS MEETINGS ITEMS OF BUSINESS 1. Televised Council Meeting: The televised council meeting of the City Council shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. The televised business meeting shall consist of the following items with the sequence to be determined by the Council President: Call to Order (Flag Salute and Invocation) Consent Agenda (including check register) Council Member Reports Mayor's Report Public Recognition. Final Reading of Ordinances and Vote thereon if applicable. Introduction and First Reading of Ordinances. Reading and Vote upon Resolutions. Public Hearings and Appeals. Adjournment. Rules & Procedures Page 7 66 2. Non-televised Council Meeting: The non-televised council meeting of the City Council shall meet in the designated council committee room, unless a different location is so designated, on the second, fourth and fifth (as applicable) Wednesday of each month at 5:30 p.m. The non-televised council meeting shall consist of the following items with the sequence to be determined by the Council President: Consent Agenda. Final Reading of Ordinances and Vote thereon. Introduction and First Reading of Ordinances as authorized by Council President. Other business as authorized by the Council President. Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange or reformat the Agenda. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these roles, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern. Rules & Procedures Page 8 67 RULE 7 - PARLIAMENTARY PROCEDURE 1. Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be read on final passage until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Hearings: Every ordinance shall have two public hearings, unless otherwise provided in the City Charter. Amendments or revisions within the scope of the ordinance may be made during either hearing without reintroduction. At least one week shall elapse between the introduction and the final passage of the ordinance. If second reading is not conducted within the following three meetings, first reading shall be reheard. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules. Rules & Procedures Page 9 68 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice-President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. Rules & Procedures Page 10 69 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President's vote called last. 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will be available at cost. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council. All Council member expenses shall be subject to approval by the Council President. RULE 11 --l~d-ll4~A~ HEARINGS 1. Quasi-Judicial Body: In hearing matters requiring application of law and detemfination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 or 12. a. Council President convenes hearing. Rules & Procedures Page 11 70 b. Item is introduced by City Clerk. c. Council President inquires: 1. "All Council members should now give consideration as to whether they have: 1 .) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists." 2. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." d. Council President calls ~u~pon Administrative Staff to present ~ . c~r ,~,r.~,. ~: ~, o ~. ~e f t"ki .... .- a~- ,.~ . recommenoat~ons o/~, Adm~mstrat~ve Heanng eoeemmar, rrafhamg '~-ommi~on or other applicable commission or board, to provide a general background and to answer Council questions. *e. Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. *f. Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. *g. President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. Rules & Procedures Page 12 71 h. A decision by motion is made. The Council may ~e-firm, reverse or modify an appealed decision based upon its application of code criteria and standards to the record on appeal. For actions forwarded with a favorable recommendation of the Planning Commission, a draft ordinance or resolution should be presented at the initial public hearing for action. i. On subsequent hearing(s) of an implementing ordinance or resolution, the public comment at the hearing will be limited to the issue of whether the ordinance or resolution, including findings and conclusions of Council, reflects the Council's decision at the initial public hearing. j. No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: a. Closed record hearings on a land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President will announce that the decision will be based on materials received in evidence at the previous open hearing of the Administrative Hearing Examiner; minutes of the prior hearing; and the recommendation from the previous hearing. b. The Council may consider the following limited evidence not set forth in the record on appeal: 1. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. 2. Council members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. 3. Council deliberates and may ask questions of the staff. Rules&Procedures Page 13 72 4. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this day of ., 20__ DAREN NYGREN, City Council President R:\LEGAL\Departments-General\City Council\City Council Rules and Procedures-clean amended.doc Rules & Procedures Page 14 73 EXECUTIVE TELEPHONE DIRECTORY Mayor's Office Cary Bo×eman 473-5266 City Council 473-5280 City Clerk 473-5323 City Attorney 473-2345 City Auditor 473-5369 City Engineer 473-5288 Fire Chief 473-5380 Police Chief 473-5220 Judge, Municipal Court 473-5260 Dir. Parks and Recreation 473-5305 Dir. of Community Development 473-5275 Dir. Public Works and Utilities 473-5318 Director of Financial Services 473-5590 Rules & Procedures Page 15 74 DATE SUBMITTED: May 12, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL ............... . ..... . ..... ..... SUBJECT: Closed record hearing for Committee Meeting Date: NA Campbell Way Townhomes Preliminary COUNCIL MEETING Date: May 26, 2004 Planned Unit Development and Plat Department: DCD ~ LSo {vdCi O)4 POO, :;hq:L-7 Presenter: Jim Svensson or Robert Gmmbach Phone: 473-5379 SUMMARY: Hearing Examiner recommendation on a preliminary Planned Unit Development and plat (File Number BP03-00213) to subdivide .99 acres of land into 14 individual lots in order to construct 14 townhouses at 1207 Campbell Way. The recommendation included fifteen (15) conditions to be imposed for final plat approval. ATTACItMENTS: (1) Procedures for Close Record Hearing. (2) Hearing Examiner Recommendation. (3) Department of Ecology approval and Hearing Examiner decision on the Shoreline Conditional Use Permit. (4) Shoreline Substantial Development Permit Decision. (5) Staff Report. (6) Site Plan. (7) StaffReport Appendicies A through 0. (8) Proposed resolution on Hearing Examiner's recommendation. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: _ ,,t f DEPARTMENT DIRECTOR: ~ CITY ATTORNEY: ,/~. - FINANCE DIRECTOR: 'VTO MAYOR: ~; ~5-~ FISCAL/BUDGET: ~,~oSe~c/- J .~e;.o cr~( CONSENT AGENDA OPERATIONS: Cio Xed-le. xo cz:, r-d COUNCIL PRESIDENT: _! .~-c)~,,~-<- )' ,~,¥~,/ RECOMMENDED MOTION: Move to pass resolution No. ~.q27 approving and adopting the Findings, Conclusions and Recommendation of the Administrative Hearing Examiner and approve the preliminary Planned Unit Development and plat for Campbell Way Tovenhomes subject to the proposed conditions. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 75 MEMORANDUM Department of CommuniO' Development 286 4th Street * Bremerton, ~VA 98337 Phone: (360) ,173-5275 Fax: (360) ,173-5278 DATE: May 10, 2004 TO: BREMERTON CITY COUNCIL FROM: Robert J. Grumbach, AICP, Bremerton Department of Community Developmen~ kt'F' SUBJECT: Closed Record Hearing on Preliminary Planned Unit Development Attached are the following items for the closed record heating on the Campbell Way Townhomes Preliminary Planned Unit Development and Subdivision Application (File No. BP03-00213): (1) Procedures for Closed Record Heating; (2) Hearing Examiner Recommendation; (3) Department of Ecology approval and Heating Examiner decision on the Shoreline Conditional Use Permit; (4) Shoreline Substantial Development Permit; (5) Staff Report; (6) Site Plan; and 76 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the preliminary plat and planned unit development (file No. BP03-00213). WHEREAS, the City has received a Preliminary Plat application for 1207 Campbell Way from Tiferet LLC; and WHEREAS, On March 16, 2004, the Administrative Hearing 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 March 26, 2004 Council's acceptance and approval; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: 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 1207 Campbell Way (file No. BP03-00213) subject to the proposed conditions contained in Exhibit "A." SECTION 2. Effective 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 Attomey PAULA JOHNSTON, Interim City Clerk R:/LEGAL\Resolutions\Community Development\Tiferet PUD doc l Tiferet Preliminary Plat and PUD 77 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 heating 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 heating examiner for clarification on issues of record (no public testimony). R:kLEG AL~Depar tment s -G eneral\Ciiy Council\City Council Procedure re hearing exam recom.doc 78 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of NO. BP03-00213 Campbell Way Townhomes Tiferet LLC, FINDINGS, CONCLUSIONS For Approval of a Subdivision & Planned AND RECOMMENDATION Unit Development for Campbell Way SUMMARY OF RECOMMENDATION The Hearings Examiner recommends to the Bremerton City Council that the request for approval of a Preliminary Plat and Planned Unit Development (PUD) to subdivide .99 acres of land into 14 individual lots in order to construct 14 townhouses at 1207 Campbell Way be GRANTED, with conditions. Development of this proposed project is dependent upon state Department of Ecology approval of a shoreline conditional use pen-nit authorizing a deviation from the view corridor requirernents under the City's Shoreline Master Program. The Hearing Examiner has approved the request for a shoreline conditional use, but this approval is not final until Ecology has an opportunity to review the approval. SUMMARY OF RECORD Request Mark Goldberg of Tiferet LLC (Applicant) requests approval of a Prelimina~f Plat and a Planned Unit Development to re-plat an existing 13-lot subdivision on .99 acres into 14 residential lots for constructing townhouses. ~ The subject property is located at 1207 Campbell Way. Hearing Date The Hearings Examiner for the City of Bremerton held an open record hearing on the matter on March 16, 2004. The City recommended approval at the hearing; the,Applicant expressed agreement with the recommended conditions; and, several citizens spoke in favor of the proposed development. There was no testimony offered in opposition to the proposed development. Testimony The following individuals presented testimony under oath at the open record hearing: 1. Mr. Robert Grumbach, City of Brernerton Planner 2. Keith Maehlum, Applicant's Representative i The subject tax parcel (3976-028-010-0003) was platted into I3 underlying lots during the creation of the U.S. Naval Shipyard Addition to Brenrerton. Because the proposal presents a s~gnilicant depmmre ti-om what now exists in terms of lot layout and proposed development, it was detenuined b? the CiD' that a re-platting of the property should occur. Erhibit l, p~tge .~. 79 3. John Lyall 4. John Cox (by letter submitted during the hearing) 5. Andy Kosusko, Architect & Planning Commission Member Janine Haynes 7. Julie Meyers 8. Roselee Duffey, Architect Exhibits The following exhibits were admitted into the record at the open record hearing: 1. Staff Report 2. Application 3. SEPA Deten'nination 4. Comprehensive Plan Designation 5. Original Lot Lines 6. Geotechnical Report 7. Shoreline Designation 8. View Corridor Tables 9. Average Lot Width Dia~am 10. View Corridor Diagrams 11. Applicant Letter 12. Photographs of Adjacent Lots 13. Ecology Decision on Courts 14. City Staff Comments from Other Departments 15. Department of Ecology Comments 16. Affidavits of Notice Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requests approval ofa Prelimina~ Plat to subdivide .99 acres into 14 lots and approval of a Planned Unit Development to develop 14 residential townhouses on those lots. By separate application, the Applicant also requests approval of an administrative Shoreline Substantial Development permit and approval of a Shoreline Conditional Use permit, decided in a separate Hearing Examiner decision. The subject property is located at 1207 Campbell Way. The parcel number is recorded as Tax Account Number 3976-028-010-0003. Exhibit ], Staff Report, page J ;Exhibit 2. Application. 2. The City of Bremerton Comprehensive Plan designation of the site is General & Professi°nal Office. Comprehensive Plan goals and policies applicable to the proposal include the following: Hearings £xaminer [br the CiO' qf Bremerton Tifere~ LLC, )7o BP03-00213 Page 2 qf ] l · Goal # I Urbm~ Growth: "Encoarage developmem in urban areas ~here adequate public./acilities and se~'ice~ c,x'm~ or can be providect 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 V 2 Reduce Sprawl: "Reduce the inappropriate com'e~wion ~' andeveloped land into spasm,ling, lo~,-densi(¥ development." Supporting Policy (5): Promote ~e concept of development clustering to conse~we energy, save land. lower public costs, reduce sprawl, and p~vide open space. · Goal ~ 4 Housing: "Encoarage the availabilio' ofq#brdable hna~ing to all economic segments the popuicttion q/thi~ state, promote a varieO' p[ re~'identia[ clensitie~ and housing ~as, and encourage pre~e~x,ation qf existing housing stock." Goal ~ 9 Open Space and Recreation: "Encourage the retention cf open space and development q( lan& and water, and develop par~s. " Supposing Policy (3): lnco~orate into new development proposals the provisions of the adopted Waterfront Access Plan and other plans and regulations that call for shoreline access improvements, pathways, or other ~3m~s of access or facilities linkage. HOUSING ELEMENT: Goat D (2) New Housing Development: "Provide a variety of housing types and densities to meet changing needs of Bremerton residents." Suppo]~ing Policy (3): Stimulate the production of new housing for all income, age, family wpe and ettmic groups LAND USE ELEMENT: The property is located in the Wheaton Way Comdor Specific Area Plan (Element E. I1, E-3 (page 55)). Policies for the Wheaton Way Co~n-idor that are applicable to ~mre development include the following. "Development shaft provide intetvonnecting petlestriaa ~vaJ~nua),s, to the "The provision o(sq[b andjhequent pedestrian crosring~ q[ Wheaton Win, shall be a prioriO' and shall not be precluded by the need to move la~e volumes qf · "A street tree program shall be e~tabhshed by the C'i(v and applied to all and exwaading development tlu'ough their landscape ?lans " · "~rel[, cllrb cttL~ and cb'ivewars shall be discouraged. Frontage roa& or "For n'an37)ortation planning purposes, prioriO' shall be given to Pla~ ./3u~'th miJc qf the gT~eaton [1¢/) Corridor" Findinzs, Conelu,'ions & Recommendation Hearings Examiner.fi~r the Cio qf Bremel'ron TiJkrer LLC, ~Vo BPO3 00213 Page 3 3. The subject property is zoned Shoreline Mixed Use (SMU) and is designated "Urban Commercial" within the City's Shoreline Master Plan. Exhibit ], Stq[/'Report, page 1. The Bremerton Shoreline Master Progrmn contains the fbllowing goals and policies that are relevant to a review of these applications: B: LANDS ADJACENT TO SHORELINES: shoreline u.ses ond resource ~,alues at~d that rei~force the ?olicias qf the Shoreline Policy B-i: Consider the compatibili~ of proposed upland uses with those allowed in designation. Policy B-2: Minimize shoreline impacts from residential development on upland "view" prope~, i.e. sto~ water mn-off, septic drain field seepage, intensification of risks from geological instabiliw, etc. Policy B-3: "Adjacent lands" policies shall be implemented through zoning, subdivision, sho~plat and other land use ordinauces, and through mechanisms such as the Capital Facilities Plan and budget. Goal: "Protect both the economic viabilio' and resource ~,ahte.~ O/'arban shorelines." Policy C-1: Protect and presmwe natural and/or critical areas through the developed urban enviro~]ent and recognize that Shoreline of Statewide Significance priorities also apply within our urban area. Policy C-6: Promote aesthetic and view promcnon through sign conn-ol regulations. appropriate siting and screening requirements, protection of view con'idors, and the use D: PUBLIC ACCESS: Goal: "Protect and enhance the rights qf the general public to en/'~v the physica[ and aesthetic qualities of the shoreliae, while allowing controlled development consistent with thepublic intereal." Goal: "Protect ond enhance shorefine visunl and physical oceeas consistent with Policy D-3: Assure that development, uses and activities on or near the shoreline do not impair or detract from the public's access to the water or shordine. Policy D-4: Enhance and prese~e public views. Policy D-6: Prese~e. maintain and refinance public access and mews aflbrded by shoreline street ends, public utilities, and rights-of-way whenex er feasible. Finding~, Conc'htsions & Recommendation H~'a~'ings' £.xaminer lbr the CiO o~Bremerlon T(/erel LLC, .X~'; BP03 00213 Page 4 ~¥ ] l 82 G: HOUSING: Goal: "?ermit rexidentiai develol~ment in ~hot'e/ine w'ea~' and in the v~ciniO' o/ o~her critical or sensitive [and:~ on~' at denxi~ie.~' tl~at can be pl'ope~'6' se~'ed t~r needed uti//ties and road~cav.~ and only ~vhen ~.tgthin the "ca~'tn,ing capacin'" ~/ lite site o~' gene~'al location." Policy G-4: Encourage the use of Planned Unit Developments and clustering of development to help protect natural features, presel~'e open space, minimize physical impacts, and reduce the costs of utilities and roads Policv G-5: Require adequate setbacks, bufI~rs, and open spaces as needed for shordline development to protect vegetation, natural lbamres, views, and other aesthetic characteristics. 4. The proposed subdivision would contain 14 lots ranging in area from 1,080.8 square feet to 2522.3 square feet. Setbacks would range from 0 feet to 12 feet, with most at a "0" foot setback. Exhibit 1, Appendix A, Application. The Applicant proposes to construct 14 townhouses on the lots. and provide a public access way from the street to the top of the bluff. A "townhouse" in the Breme~on Municipal Code means a single-unit structure in a row of at least t~ee units, each with its own front and rear outside access. Ownership of the unit includes ownership of the land beneath the unit. The Applicant is proposing a Planned Unit Development (PUD) of tbu~een townhouses to allow tbr a reduction in the zoning side yard setbacks othe~ise required in the SMU zone. However, the Breme~on Municipal ~ode does have specific standards for a PUD. which are set/b~h in Chapter 21.02. These requirements address perimeter and interior setbacks; height restrictions; open space requirements: minimum lot size requirements; and parking requirements. The development, as proposed, meets the bulk and setback requirements lbr a PUD established in the Breme~on Municipa) Code. There is no density standard in the SMU zone. Exhibit l, page 9: Testimo;o' of M~'. Grumbach. 5. The subject property is cu~ently undeveloped and contains deciduous trees, shrubs, and ~ass. Su~ounding land uses include a neighborhood center and professional building to the noNh; a duplex to the east; Sheridan City Park to the west; and water to the south. Exhibit 1, Appendix B, Environmental Checklist. 6. The subject prope~y is cu~ently se~,ed with electricity, natural gas, re~se sec'ice, telephone, water and sanita~ sewer. Access to the site is available from Campbell Way/Lebo Boulevard. Ex-hibit l, Appendix B, Environmental Checklist, Appendix E. Cet'ttTicate ef Water Availabilio'. 7. The subject prope~y slopes gently from Campbell Way toward the top ora high bank marine blur/2 The prope~y contains slopes exceeding 100% and qualifies as a Landslide Haza~'d Area, Steep Slope and an E~'osion Hazardous Area as defined in BMC Section 21.22. 100(b)(3)(v), (4)(ii) and 21.22. 100(b)(2). Landslide Hazard Areas and Steep Slopes require a 50-foot buffer. These areas may not be disturbed unless a geoteclmical repo~ is prepared to assess the consequences of a reduction in the buffer. The Applicant retained Consolidated Engineering to prepare a geotechnical report. A repo~ was submitted to the T([brez LLC. .Xk~ BP03-00213 88 City dated August 14, 1998. with supplements dated October 24, 2003 and March 1, 2004. The geotechnical analysis states that a 25-foot setback for the structures from the top of the slope is "adequate" for the proposed project. This opinion was based on site visits, excavations, soil types and a slope stability history. The supplements provide additional detail as to what may be appropriate within the 25-foot setback. The report states that patio areas and vegetation are appropriate within the setback re'ea. The report also notes that trees on the site should be retained as they add to slope stability. Exhibit 6, Geotechnica[ Report and Supplements. 8. The subject property is covered by the Bremerton Shoreline Master Program. The Master Prom'am contains a number of site development standards, including height restrictions to pre~'erve view corridors. The proposed development does not impair views of the water fi'om upland residential properties, as properties upland are zoned for and contained commercial uses. However, there is no administrative waiver process from the view corridor requirements, so the proposed development must meet those standards even if there is no interference with views from other properties.2 The Applicant is requesting a Shoreline Conditional Use permit to obtain some relief from the view corridor requirements. A decision on the application will be issued by the Hearing Examiner in a separate document. The Department of Ecology must review all Shoreline Conditional Use Permits as required by the Shoreline Management Act, RCW 90.58. The Department of Ecology commented that it may deny the pemait requested fbr this development proposal. Exhibit 15. Ecolo~ Letter. However. since the tirne of the comment the Applicant has elected to expand public access to the bluff'. The proposed development meets all other requirements of the Shoreline Master Program, and will meet the view corridor requirements if a Shoreline Conditional Use permit is approved. See. Shoreline Conditional Use Decision. 9. The City of Bremerton Department of Community Development submitted the proposal to other City departments for review and comment. The Department of Public Works & Utilities ~ubmitted extensive comments dated December 10, 2003, addressing road improvements; stormwater plans; water and sewer availability; and street lighting. The department noted that water and sewer were available to the site, but that improvements would be needed to the roads to access the site. The roads have sufficient capacity to provide for all increased traffic, but road improvements are needed for safe access and for pedestrian safety. The recommendations of the public works staff were agreed to by the Applicant as appropriate conditions to mitigate the impacts from the proposed development. Exhibit 14. Stc~f Comments: Testimony q£Mr. Maehhtm. 10. Several citizens presented testimony at the hearing in support of the proposed project and approval of the proposed pen*nits. The citizen testimony noted the consistency of this type of developrnent proposal xvith the vision expressed in the proposed amendments to the City's Comprehensive Plan: lauded the availability of aftbrdable housing near a health care facility; 2 Two professional architects presented testimony at the hearing suggesting that the Plmming Commission and CiD' Council revie'~ the vier, con-idor requirements for possible revisions to the Shoreline Master Program. The concern is that the requirements may act as a ban'ier to good development proposals because the requirements are difficult to meet and often do not seem to directly benefit any other propel~lies. Tc, x~nnom o/),fr. Kosul,'o and 'yr. Findings, C~mclusions & Recommendntion Hearing~ £.xaminer fi.' the CiO' of Bremerton T(feret LLC, ,\'o BP03-00213 Page' 6 84 and generally expressed delight at the prospect of additional housing near the downtown area. Testimon)' Of Mr. Lyal/, Mr. Cox, Mr. Kosusko, Ms. Hm'~es. Ms. Meyers a~d Ms. 11. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered an environmental checklist and the requirements of City ordinances prior to issuance of its threshold determination. The City Responsible Official determined that the proposal would not have probable significant environmental impacts and issued a Determination ofNonsignificance (DNS) on March 1, 2004. Exhibit 3, XEPA DNS. 12. Notice of the open record hearing was posted on site on March 1, 2003. mailed to adjoining property owners on February 27. 2004 and published in The Sun on December, 23 & 30, 2003 in accordance with City of Bremerton notice requirements (BMC 21.02.895), Exhibit ] 6, Legal Notice 4ltl'davits. CONCLUSIONS Jurisdiction Pursuant to Sections 2.13.070, 2.13.080 and 21.02.855 of the Bremerton Municipal Code (BMC), the Hearings Examiner of the City of Bremerton has jurisdiction to hold open record pre-decision hearings on PreliminaD' Plat and Planned Unit Development applications and recommend action to the City Council. The recommendation may be to approve, approve with conditions, or deny the application. BMC 2.13. ! 10. Criteria for Review - Preliminary Plat To recommend approval of a Prelimina~' Plat, the Hearing Exmniner naust find that the application satisfies the criteria for a PreliminaD~ Plat; is consistent with the Comprehensive Plan: and conforms to all applicable City development regulations, minimum standards, and design guidelines. BMC 21.02.885. The criteria for approval ora Preliminary Plat are found in Chapter 58.17 of the Revised Code of Washington. Pursuant to RCW 58.17.110(2), a Preliminary Plat application may not be approved unless: (a) appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play~ounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assm'e safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. ?[~ding~, Co~?c[z~sio~s & Recom;ne~ldrttiot~ Hearit~g3 £xamine~ for lite' Cit~' ql BrcmetTo~ TCeretLLC .~b BP03 00213 Page 7 ~fl i Criteria for Review - Planned Unit Development 1, BMC Section 21.02.480 requires a PUD to confbnn to the J:bllowing general criteria: (a) The location, design, and uses e£ the PUD shall be consistent with the Comprehensive Plan. Bremerton Shoreline Management Program, and with other applicable plans and ordinances adopted l~v the Cio. (b) The PUD shall be integrated with its surroundings and designed to harmonize with existing or proposed development in the neighborhood. In the case efa departure in character.fi'om the surrounding land uses, the scale, intensiO' and design shall adequately reduce the impact o/the development in such a way that the p~-oject will not be detrimental to the neighborhood. (c) The trc~fic generated t? the PUD shall be accommo&~ted sqfe~v and within the adopted Levels of Se~wice £or c~[kcted streets. (d) ,4ll develo?ment will be adequately se~7,ed by existing or planned Jbcilities and se~'ices. (e) The PUD will result in an attractive, healthfid, ~,£fieient and stable environment fi;r living, shopping, working, and leisure activities. (f) The development plan shall make adequate and appropriate provision for the preservation of the environment, both natural and man-rnade, and the conservation of energy. Conclusions Based on Findings - Preliminao' Plat 1. The proposal is consistent with the Comprehensive Plan. The proposal will provide additional housing for the City of Bremerton in a location where city services already exist. The proposed development appears consistent with Bremerton's desire to continue to be a "most livable city". Findings of Facts Nos. i, 2, 3, 4. 6. lO. 2. The proposal is consistent with identified zoning standards. The proposed subdivision will create fourteen lots or one for each townhouse proposed. The project, as proposed, meets the bulk and setback requirements of the city code. Findings efFacts .Nos. 1, 4. 3. With conditions, appropriate provision will be made for the public health, safeB- and general welfare and for all other relevant facts. Conditions of approval will mitigate traffic impact by requiring frontage improvements. The City conducted environmental review of the proposal and determined that it would not result in significant adverse enviromnental impacts. Water, sewer, garbage service, natural gas. electricity and telephone Findings, Conclnsiot~s ~ Recommendation Hearings Examiner fl: the Ci0' (?Bremerton T?eret LLC, No BP03-00213 Page 8 qFl i 86 are available to each of the tbur lots. The Applicant will preserve existing vegetation where possible and will take measures prior to clearing and construction that will mitigate erosion. The Applicant will provide public access to a shoreline overlook that will enhance access to the shoreline area. Conditions of approval are necessary to ensure future frontage improvements are installed, the public access is constructed, and that the concerns of the public works department are addressed. Findings q/Facts Nos. 1, 2, 6, 7, 8, 9, 10. 4. The public use and interest will be served by the creation of four single-family residential lots complying with CiW of Bremerton zoning standards. The proposed plat will prox ide increased housing opportunities for residents of Bremer~on in a manner consistent with the criteria for approval of preliminary plats. Findings el'Fact Nos. 1-1 l. Conclusions Based on Findings - Planned Unit Development 1. With conditions of approval, the location, design, and uses of the PUD will be consistent with the Comprehensive Plan, Bremerton Shoreline Management Program, and with other applicable plans and ordinances adopted by the Cit?'. Clustering medium-density residential townhouses is consistent with several goals and policies of the Comprehensive Plan and Shoreline Management Program referenced previously in this report. The land use tables in the zoning code allow townhouses in the Shoreline Mixed Use Zoning desi~maation; and the Shoreline Use/Activity Matrix allow residential uses landward of the Or&naD' High Water Mark in the Commercial Shoreline designation. A condition of approval is necessary, to ensure adequate public access is provided. Findings q£Facts Nos. l, 2, 3. 4, 6, 7, 8, 9. 10. 2. The proposed PUD will be integrated with its surroundings and designed to harmonize with existing development in the neighborhood. The preser~'ation of open space and the desi~ of the townhouses inte~ate well with the mixture of commercial residential development tbund in the surrounding area. Findi~gs el'Facts Nos. ], 4, ]0. 3. The traffic generated by the PUD can be accommodated safely and within the adopted Levels of Service for affected streets. Campbell Wa3' and Lebo Boulevard are each well below capacity lbr traffic flow. The proposed PUD will have only a minor itnpact on traffic in the area. Findings o/Facts Nos. 9, ! 1. 4. The proposed development will be adequately served by existing facilities and services. The subject property has City of Bremerton sewer and water available to it. Police and fire protection is also available. There is a city park immediately adjacent to the subject property. Thus, any residents of the proposed PUD will have more than adequate services available to them. Findings oj Facts Nos. 5, 6. 5. The PUD will result in an attractive, healthful, efficient and stable environment for living, shopping, working, and leisure activities. One of the pfima~.'y benefits of the proposed PUD is its proximity to shopping and recreation areas. The type of development proposed is highly desired by a number of citizens due to its proposed attractive nature and proximity to urban amenities. Findings of Facts Nos. 5, 6, 10. Findings, Conclusions ch Rccommendr~tion Heari~gs E. xwnine~' tbr zhe Ci5 (?Bremer~on Tit~ret LLC, .Xb BP03-00223 Page 9 q/- l i 87 6. The development plan will make adequate and appropriate provision for the preservation of the environment, both natural and man-made, and the conservation of ener~'. One of the challenges of the proposed development is protection of the steep bluff overlooking the water. The Applicant retained a geotechnical engineer to assess the stability of the slope and to ascertain ifa building could be placed on it without harm to it. The report found that it would be possible to building without damage to the bluff; The consultant who prepared that report now bears responsibility for that assessment. In addition to retention of trees, the careful removal o£ water from the project area over the bluff will be essential to the protection of the bluf*~ The Applicant's proposal to pipe the water over the bluffwill help protect the bluff~ With conditions of approval, adverse visual impacts of the pipe could be avoided. Compliance with the state energy code will help ensure an energy efficient development. Findings qf Facts ,¥os. 1, 4, 7, 8, 9. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Heatings Examiner recommends approval of a Preliminary Plat and Plarmed Unit Development to subdivide .99 acres into fourteen lots for the purpose of construction townhomes as described in the application (Exhibit 2, Application & Site Plan), subject to the following conditions: 1. The Planned Unit Development shall constitute a limitatton 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 preliminao' approval expires in which case the previous zoning automatically returns. 2. Approval of the Planned Unit Development is subject to the Department of Ecology's final approval of the conditional use permit. Any conditions set forth in the conditional use pennit shall be deemed conditions for approving the Planned Unit Development. 3. An open space guarantee, which ensures the retention of the open spaces and pr°rides l'br permanent maintenance 0fthe open space (active and passive), is required per BMC Section 21.02.510 prior to finalizing the Planned Unit Development. 4, Two off-street parking spaces per each dwelling unit shall be provided. 5. A geotechnical engineer is required to inspect the site when excavation for the footings occurs to determine if the footing designs are adequate. Evidence of the geotechnical inspection shall be submitted to the Department of Community Development prior to finalizing building permits. 6. A dedication to the City of approximately 1,083.5 square feet of frontage along Campbell Wav/Lebo Boulevard is required as set fbrth in the revised site plan received January 26, 200'4. A title report is required to acconrpany the final plat pursuant to RCW 58.17.165. Findings, Conc!usicms & Recommendation Hearings E. xatnine~ ~r the Cit~ q/'Bremer;on Tt'[~'rezLLC .% BP03 00213 Page lO 7. A 5-foot public access easement is required for the sidewalk along Campbell Way/Lebo Boulevard. The City Engineer shall approve the language fbr the easement prior to finalizing the plat. 8. The private street may be developed according to the City standards fbr a driveway. The street shall be installed or bonded fbr prior to finalizing the plat. 9. A public main extension fbr water services meeting City standards is required to be installed or bonded for prior to finalizing the plat. 10~ The development must meet the City standards fbr ston-n water drainage. Ston'n water facilities shall be installed or bonded for prior to finalizing the plat. The 8-inch pipe used for disposing of stormwater over the bluff shall be installed in a manner that reduces visual impacts of a pipe "hanging" over the bluff: Methods used may include hiding in vegetation, painting to blend with the background or ditching to make it less visible. 11. A final Planned Unit Development and plat meeting applicable development standards and conditions shall be submitted to the City for approval within two years of the date of preliminary plat approval pursuant to BMC Section 21.02.520(a). 12. Six copies of the Planned Unit Development and plat (not Mylar) shall be submitted to the Department of Community Development for final cornpliance review. 13. The Director of Community Development shall approve the final Planned Unit Development prior to finalizing the plat. 14. The Applicant will obtain addresses from Public Works. which will be indicated on the final plat. 15. A copy of the recorded Planned Unit Development and plat shall be provided to the Department of Community Development bel-bre building pen-nits can be issued. Decided this~"day of March 2004. Theodore Paul Hunter Hearings Examiner fbr the City of Bremerton Findings, Conct, usiony & Recommendation Hearings Examiner tbr ~hc Cin ot Breme~'ton Tiferet LLC, .~5~ BP03 00213 Page 1] qf i l 89 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY North~est Regional Office · 5190 160th Avenue SE · Bellevue, ~¥ashingtot~ 98008-5452 · (425) April 23, 2004 I certify that I mailed a copy of this document to the persons and addresses listed thereon, postage prepaid, in a Chris Hugo, Planning Director receptacle for United States mail in Bell~ewae, Washington on City of Bremerton Department of ~t~]/l'/ ~ ~ ,2004. Community Development j~Cj¢ ~~ 286 4th Street Mark Goldberg Tiferet LLC 4739 University Way NE, Suite 1607 Seattle, WA 98105 Dear Mr. Hugo and Mr. Goldberg: RE: Bremerton Shoreline ConditionalUse Permit # BP03-00213 TIFERET, LLC - OWNER Via Mark Goldberg - Applicant Shoreline Conditional Use Permit 2004-NW-50027 The Department of Ecology has reviewed the above referenced Conditional Use Permit for deviation from the view corridor requirements of Table 3-2 Site Development Standards - Height, Page 3-26 of the Bremerton Shoreline Master Program [amended February 5, 1992] for a fourteen-unit townhouse subdivision at 1207 Campbell Way. The project site on Port Washington Narrows has an Urban Commercial shoreline designation; Comprehensive Plan designation of General and Professional Offices (C-P); and Bremerton Municipal Code zoning of Shoreline Mixed-Use (SMU). Residential use is permitted in the Urban Commercial shoreline environment (SMP Table 3-1 Shoreline Use/Activity Matrix) landward of the ordinary high water mark when the type of residential use is allowed in the underlying zoning code. The Urban Commercial shoreline designation has a height limit of 25 ft. measured from the average grade level to the highest point of a structure. The 14 units will be configured in 2 three- story townhouse buildings, with 6 units in Building B nearest the shoreline and 8 units in Building A nearest Campbell Way. A driveway located between the two buildings will enter from Campbell way to access the partially below-grade parking area for 2 vehicles per unit. The site is trapezoidal with the shoreline (south) roughly parallel to Campbell Way (north), and the view corridor with public sidewalk located along the entire western property line to the bluff top. Chris Hugo, City of Bremerton Department of Community Development Mark Goldberg, Tiferet LLC April 23, 2004 Page 2 Building A is proposed to have a finished height of 33 ft. above grade and Building B to have a finished height of 35.1 ft. above grade. The SMP Site Development Standards, Table 3-2, Key 2 and 3) requires a minimum view corridor to be maintained across 25% of the average lot width for structure heights under 20 ft., and 35% of the average lot width for structure heights between 20 and 35 ft. Any reduction to these standards shall be addressed through the Shoreline Conditional Use Permit. Bremerton SMP Site Development Standards, Table 3-2, Figure 3-3 and 3-4 allow a stepped approach to the view corridor where parts of the structure are different heights. Each structure part must comply with the required view corridor for the height of that part of the structure. The buildings have two levels, with part of the first story at a maximum height of 20 ft. and the remainder at 33 ft. and 35.1 ft. Building A would meet or exceed the view corridor requirement for its area below 20 ft. in height, but would encroach into the view corridor for its area at 33 ft. height by up to 7 ft. This would result in a 24.5 sq. ft. obstruction of the view corridor as viewed from Campbell Way toward the water. Building B would encroach 1.4 ft. into the view corridor for its area below 20 ft. in height, and 9 to 20 ft. into the view corridor for the area at 35.1 ft. This would result in up to 227.3 sq. ft. obstruction of the view corridor as viewed from Campbell Way toward the water. The conditional use permit is for a modification of the view corridor for the shortest part of Building A (20 ft. or below) from a required 42.81 ft. wide up to 45.67 to 53 ft. and for the tallest part (up to 33 ft.) from a required 59.93 ft. wide to a range from 53 to 64 ft. For Building B, the shortest part (20 ft. or below) would be reduced from 42.81 ft. to 41.4 ft. and the tallest part ( up to 35.1 ft.) would be reduced from 59.93 ft. wide to a range from 39.93 to 51 ft. We concur that the proposal, as conditioned by the City of Bremerton, meets the intent of the master program and the criteria set forth in WAC 173-27-160 for granting a Conditional Use permit. The permit is hereby approved. This approval is given pursuant to requirements of the Shoreline Management Act of 1971. Other federal, state, or local approvals may be required. The Shoreline Management Act of 1971 provides that a request for review (appeal) before the Shorelines Hearings Board may be filed within twenty-one (21) days from the transmittal date of this conditioned approval. Guidelines for filing a request for review (appeal) are available from the Shorelines Hearings Board at (360) 459-6327. Chris Hugo, City of Bremerton Department of Community Development Mark Goldberg, Tiferet LLC April 23, 2004 Page 3 Those developments and activities authorized by the subject permit may not begin until twenty- one (21) days from the transmittal date of this approval letter, or until conclusion of any review proceeding (appeal) initiated within the twenty-one day period. The Shorelines Heatings Board will notify you by letter if this permit is appealed. If you have any questions on the above action, please contact Sandra Lange at (425) 649-4260. Sincerely, Jeannie Summerhays Section Supervisor Shorelands and Environmental Assistance Program JS:SL:rc cc: Robert J. Grumbach, City of Bremerton Enclosure THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. CiW of Bremerton PERMIT # CUP #BP03-00213 (ISSUING AGENCY) APPLICANT: TIFERET LLC DEPARTMENT OF ECOLOGY PERMIT # 2004 - NW- 50027 DATE RECEIVED BY THE DEPARTMENT:_ March 31, 2004 - Complete April 7, 2004 APPROVED X DENIED ~-IIS CONDITIONAL USE X / VARIANCE PERMIT IS APPROVED X / DENIED BY THE DEPARTMENT PUR. SUANT TO CHAPTER 90.58 RCW and WAC 173-27-160. DEVELOPMENT SFLa~LL BE L~T)ERTAKEN PURSUANT TO THE FOLLO~VING ADDITION.4i, TERMS AND CONDITIONS: No additional conditions DATE Jeannie Summerhays, Section Supervisor 93 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of NO. BP03-00213 Campbell Way Townhomes Tiferet LLC, FINDINGS, CONCLUSIONS For Approval of a Shoreline Conditional AND DECISION Use for Development for Campbell Way. SUMMARY OF DECISION The request for approval of a Shoreline Conditional Use Permit to allow a deviation from the view corridor standards of the Shoreline Master Program for the purpose of constructing townhouses along the shoreline in the City is GRANTED, with conditions. SUMMARY OF RECORD Request Mark Goldberg of Tiferet LLC (Applicant) requests approval of a Shoreline Conditional Use Permit to allow a deviation from the view corridor standards of the Shoreline Master Pro,am for the purpose of constructing townhouses along the shoreline in the City) The subject property is located at 1207 Campbell Way. Hearing Date The Hearings Examiner for the City of Bremerton held an open record hearing on the matter on March 16, 2004. The City recommended approval at the hearing, the Applicant expressed agreement with the recommended conditions, and several citizens spoke in favor of the proposed development. There was no testimony offered in opposition to the proposed development. Testimony The following individuals presented testimony under oath at the open record hearing: 1. Mr. Robert Grumbach, City of Bremerton Planner 2. Keith Maehlum, Applicant's Representative 3. John Lyall ~ The subject tax parcel (3976-028-0t0-0003) was platled into 13 underlying lots during the creation of the U.S. Naval Shipyard Addition to Bremerton. A sepm'ate application for preliminary plat and PUD approxal was processed simultaneously with this pem~it request. A recommendation tbr approval of those applications was made to the-City Council on the date of the issuance of this decision. E.xhibir 1, St~t? Report~ page Finding3, Cone'/axioms3 & Recommenclation Hearing~ £a'aminer /or tile Cio of Bremerton T!/kret ~C, No BP03-002]3 Page ] 94 4. John Cox (by letter submitted during the hearing) 5. Andy Kosusko, Architect & Planning Commission Member 6. Janine Haynes 7. Julie Meyers 8. Roselee Duffey, Architect Exhibits The following exhibits were admitted into the record at the open record hearing: 1. Staff Report Application 3. SEPA Determination 4. Comprehensive Plan Designation 5. Original Lot Lines 6. Geotechnical Report 7. Shoreline Designation 8. View Corridor Tables 9. Average Lot Width Diagram 10. View Corridor Diagrams 11. Applicant Letter 12. Photographs of Adjacent Lots 13. Ecology Decision on Coutts 14. City Staff Comments from Other Departments 15. Department of Ecology Comments 16. Affidavits of Notice Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Decision: FINDINGS 1. The Applicant requests approval of an administrative Shoreline Substantial Development permit and approval of a Shoreline Conditional Use permit to intrude into the protected view corridor. By separate application, the Applicant requests approval of a Preliminary Plat to subdivide .99 acres into 14 lots and approval of a Planned Unit Development to develop 14 residential townhouses on those lots, decided in a separate Hearing Examiner decision. The subject property is located at 1207 Campbell Way. The parcel number is recorded as Tax Account Number 3976- 028-010-0003. Exhibit I, Stq[£Report, page 1,'Exhibit 2, Application. The subject property is zoned Shoreline Mixed Use (SMU) and is designated a 'Urban Co nmercml within the City's Shoreline Master Plan. Exhibit 1, Staff Report. page i. The Bremerton Shoreline Master Program contains the following goals and policies that are relevant to a review of these applications: ~ O B: LANDS ADJACENTT SHORELINES: Hearings Examiner/bt ~he CiO c~£Brcmerron Ti/bret LLC. .Vo. BP03 00213 Page 2 Goal: "£neourage uses, densities and development patterns that are compatible with shoreline uses and resource values and that reiq/brce the policies q/'the Shoreline Mwtagement Act and Bremerton 's Shoreline Master ?rogram. " Policy B-1: Consider the compatibility of proposed upland uses with ihose allowed in each acljacent shoreline environment and with the purpose and intent of the environment designation. Policy B-2: Minimize shoreline impacts from residential development on upland -view" property, i.e. storm water mn-oft; septic drain field seepage, intensification of risks fi'om geological instabiliD', etc Policy B-3: "Adjacent lands" policies shall be implemented through zoning, subdivision, short-plat and other land use ordinances, and through mechanisms such as the Capital Facilities Plan and budget. Goal: "Protect both the economic viabiliO' and l~esoltt'ce values e~ urban shorelines." Policy C- 1: Protect and preserve natural and/or critical areas through the developed re'ban environment and recognize that Shoreline of Statewide Significance priorities also apply within our urban area. Policy C-6: Promote aesthetic and view protection through sign control regulations, appropriate siting and screening requirements, protection of view corridors, and the use of architectural standards. D: PUBLIC ACCESS: Goal: "Protect and enhance the rights q/'thc general public to enjoy the physical and aesthetic qualities p/the shoreline, while a[Iowing controlled clevelo]~ment consistent with the public interest." Goal: "Protect and enhance shoreline visua/ and ph),sical access consistent with Shoreline Management Act and Public Trust Doctrine principles." Policy D-3: Assure that development, uses and activities on or near the shoreline do not impair or detract from the public's access to the water or shoreline. £indings, Conch~sions & Recommendation Hearing~ Examiner for the Ci~' o[Brcmerton T?e,,'et LLC ~b BP03 00213 Page 3 of [0 96 Policy D-4: Enhance and preserve public views. Policy D-6: Preserve, maintain and enhance public access and views afforded by shoreline street ends. public utilities, and rights- of-way whenever feasible. G: HOUSING: Goal: "Permit residential development in shoreline areas and in the vicinity qf other critical or sensitive lands only at densities that can be pr~per~ scm,ed b3 needed utilities and roadu'cO's and only when within the "canTing capacity" o[ the site or general location." Policy G-4: Encourage the use of Planned Unit Developments and clustering of development to help protect natural features, preserve open space, minimize physical impacts, and reduce the costs of utilities and roads. Policy G-5: Require adequate setbacks, buffers, and open spaces as needed for shoreline development to protect vegetation, natural features, views, and other aesthetic characteristics, 3, The City of Bremerton Shoreline Master Program (SMP) Site Development Standards allow a maximum building height of 25 feet measured from the average grade level to the highest point of a structure. The height limitation may be increased to the 40-foot height limitation set forth in the SMU zoning designation provided that: (1) it does not impair views of the water from residential properties upi and of the nearest public street landward and (2) it is offset by an increase in the view conSdor. CiO' Bremerton Shoreline Master Program. Table 3.2: Exhibi! 1, Stq[f Report, page i0. 4. The Applicant proposes to construct fourteen townhouse units in two buildings. Building A, as measured by the SMP standards, has a proposed height of 33 feet, and Building B a height of 35.1 feet. This meets the maximum height requirements set forth in the SMP. Exhibit I, StqffReport, page 10. 5. In addition to the maximum height restrictions, the Applicant must meet the view con'idor requirements, detailed in the Site Development Standards section of the Shoreline Master Program. Site Development Standards. Table 3-2. (Key 2 and 3) requires a minimum view corridor to be maintained across 25 percent of the average lot width for structure heights under 20 feet, and 35 percent of the average lot width for structure heights between 20 and 35 feet. Site Development Standards, Table 3-2. (Key 3), Figure 3-3 and 3-4 allows a stepped approach to the view corridor where parts of a structure are different heights. CiO' o~Bremerton Shoreline Master Findings, Conc [ztsion.s' & Recommc,n&aion [4earingv Examiner t,';r thc CiO o/Brumerton T4feret LLf ,Vo BP03-00213 Page 4 o? i0 97 Program, Table 3.2. This situation applies to this proposed development, as it includes two buildings of varying height. Exhibit I. Staff Report. page 10. 6. The following "View Protection" regulations are applicable to the proposal. 1. Shoreline uses and activities shall be designed and operated to avoid blocking reducing, or adversely interfering with the public's visual access to the water and shorelines. 4.In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping... 5. Development on or over the water shall be constructed as tar landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. Exhibit 1, Sta,ff Analysis, page 12. 7. Buildinz A would exceed the view corridor requirement below 20 feet of the structure height, Tut would encroach into the view corridor at 20 feet to 35 feet of the structure height an estimated zero to 7 feet. This produces an estirnated 24.5 square.fL, et obstruction of the view corridor as viewed fi-om Campbell Way. Building B would encroach 1.4 feet into the view corridor for structure height below 20 feet, and an estimated 9 to 20 feet into the view corridor for structure height between 20 feet to 35 feet. This produces an estimated 227.3 sqztarefeet obstruction of the view corridor as viewed from Campbell Way. Testimom' oj'Mr. Grumbach: Exhibit 1, page ]1. 8. The proposal does not impair views of the water from upland residential properties. Properties, located upland from the site, are zoned tbr and contain commercial uses. The public's visual access to the water is primarily from Lebo Boulevard and Campbell Way. Lebo Boulevard is located at a higher elevation (208 feet) than Building A (elevation 198 feet) and Building B (elevation 195.5 feet)· This reduces some of the potential interference with the view of the water. The Applicant proposes a location of the development as far landward as City codes allow. Testimony qfMr. Grumbach. 9. The Applicant has proposed improved public access to the shoreline bluff area as part of his PUD application. The proposed access would improve and even encou[age the public to access views of the water from on top of the bluffdue to the improved pedestrian walkway proposed by the Applicant. This proposal is made as one aspect of compliance with the Shoreline Master Program· It is related to the request for a Conditional Use Permit in that a permit may not be granted if it restricts access by the public. In this application, public access would actually be enhanced. Subsection 4-7 (4) and (5) of the SMP requires that improved public acccxs consist of the following elements: Firldin$~, Cotzchtxionx & RecommendaEon r!f~,rer LLC. _Vo BP03-00213 P~ige 5 q/!0 98 a. dedication of a public pedestrian access easement a minimum width °f n°t less than 12 feet; b. construction of a hard surface walkway a minimum width of five (5) feet: c. attractively landscaped and maintained by the property owner; d. connected to adjacent future or existing walkways; e. in areas where there is a bluff, the access may be located at the top of the bluff as long as it will connect with existing or planned access on adjacent properties; and f. the property owner shall construct, install and maintain standard state approved logo or other approved signs indicating the public's right of access and hours of access in conspicuous locations at public access sites. The Applicant's proposal for public access meets these requirements. Exhibit 1, Analysis, page 12; Testimom' of Mr. Grumbach. 10. The Washington Department of Ecology provided written comments on the application for a Conditional Use Permit stating it would deny a request for any deviation from the view corridor requirements. However, since the time of the comment the Applicant has elected to expand public access to the bluff. Exhibit 15, Department of Ecolo~' Comments. 11. The Applicant's request for a reduction of the view corridor contains the following statements in support of the application: (a) The strict application of the view comdor dimensional requirement would significantly interfere with the reasonable use of the property. The SMP effectively limits development to 14 units per acre, lot coverage to 22.8 percent. height to }5 feet. which are not consistent with the Shoreline Mixed Use zoning of the property. The view corridor and other regulations of the SMP impose hardships on the use of the property and severely reduce the ability reasonably to develop residential uses on the property. (b) The SMP creates hardships that specifically relate to the unique conditions of this property such as lot its irregular shape, site topography and natural features, which result in a cumulatively taking of over 60 percent of the site. (1) Approximately 3,298 square feet of the property is submerged. (2) 684 square feet is inaccessible shoreline. (3) 8,844 square feet of the property is bluff (4) 3.950 square feet of the property is bluff setback (5) 952 square feet is dedicated to rights-of-way. (6) 1.450 square feet of the property is side yard setbacks. (7) 2.340 square feet of the property is front yard setback. (8) 6.445 square feet is required to be open space. Findings, Conclusion, ccc Recommendntion Hearings Eramine~ ~o~ the CiO of Bremerton Tiferet LLC. ~X~ BP03-002i3 Page 6 ol l 0 99 Exhibit 1, Staff Report, page 14; £xhibit 1!. Letter et'Applicant. 12. The subject property is currently undeveloped and contains deciduous trees, shrubs, and grass. Surrounding land use includes a neighborhood center and professional building to the north; a duplex to the east; Sheridan City Park to the west: and water to the south. E.¥hibit ], Appendix B. Environmental Checklist. 13. The subject property slopes gently from Campbell Way toward the top ora high bank manne bluff'. The property contains slopes exceeding 100-percent and qualifies as a Landslide Hazard Area. Steep Slope and an Erosion Hazardous Area as defined in BMC Section 21.22.100(b)(3)(v), (4)(ii) and 21.22.100(b)(2). Landslide Hazard Areas and Steep Slopes require a 50-foot buffer. These areas may not be disturbed unless a geotechnical report is prepared, which assesses the consequences of a reduction in the buffer. The Applicant retained Consolidated Engineering to prepare a geotechnical report. A report was submitted to the City dated August 14, 1998, with supplements dated October 24. 2003 and March 1, 2004. The geotechnical analysis states that a 25-fbot setback for the structures from the top of the slope is "adequate" for the proposed project. This opinion was based on site visits, excavations, soil types and a slope stability history. The supplements provide additional detail as to what rnay be appropriate within the 25-foot setback. The report states that patio areas and vegetation are appropriate within the setback area. The report also notes that trees on the site should be retained as they add to slope stability. Erhibit 6, Geotechnica! Report and Supplements. 14. Several citizens presented testimony at the hearing in support of the proposed project and approval of the proposed permits. The citizen testimony noted the consistency of this type of development proposal with the vision expressed in the proposed amendments to the City's Comprehensive Plan: lauded the availability of affordable housing near a health care facility; and generally expressed delight at the prospect of additional housing near the downtown area. Testimoto' of'Mr. L),alI, Mr. Cox, Mr. [~-O$llSkO, Ms, ]~L{l'tles, ~4s, Mej'ers and Ms. 15. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered an environmental checklist and the requirements of city ordinances prior to issuance of its threshold determination. The City Responsible Official determined that the proposal would not have probable significant environmental impacts and issued a Determination of Nonsignificance (DNS) on March 1, 2004. Exhibit 3. SE£A DNS. 16. Notice of the open record hearing was posted on site on March 1, 2003, mailed to adjoining property owners on February 27, 2004 and published in The Sun on December, 23 & 30, 2003 in accordance with City of Bremerton notice requirements (BMC 21.02.895). Exhibit 16. Legal Notice 4ffidavits Findings Conchtsion.y & Recommendation Hea~'ings E.\'andner fbi' the CiO' o/Bremcrto. T(FeretLLC, ~)~ BP03-00213 Page - o~ ] 0 CONCLUSIONS Jurisdiction Pursuant to Sections 2.13.070 and 21.04.110 of the Bremerton Municipal Code (BMC), the Hearin~°s Examiner of the City of Bremerton has jurisdiction to hold open record pre- decision h~arings on Shoreline Conditional Use permit applications and issue decisions on those applications. The Shoreline Management Act, Chapter 90.58 RCW, reqmres that the Department of Ecology review all shoreline conditional use decisions by local government. WDOE may accept, reject or modify a shoreline conditional use decision. BMC 2.13. I ]O. 21.04.110. Conditional Use Permit Criteria In order for a development activity to be authorized under a Conditional Use Permit it must meet the fbllowing criteria set tbrth in Chapter 173-27-160 of the Washington Administrative Code, and referenced by BMC 21.04.110. The Hearing Examiner must conclude: a. That the proposed use is consistent with the policies Q{ RCW 90.58.020 and the master program; b. That the proposed use will not interfere ~4ith the nomura[ ?ublic use Of public shorelines; c. That the proposed use ef'tiw site and clesign e/'the preject is compatible with other authorized uses within the area and with uses planned [br the area under the comprehensi~'e p&n and shoreline master program: d. That the proposed use will cause no signjficant adverse ~ffFcts to the shoreline environment in which it is to be located; and e. Additionallv, consideration shall be given to the cumulative impact ef additional }'equests for like actions in the area. For example, ~[ conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional ases shall also remain consistent with the policies 9f' RCW 90.58.020 and shall not prochwe substantial adverse ~f~,cts to the shoreline environment. Conclusions Based on Findin~ 1. The proposed use is consistent with the policies of RCW 90.58.020 and the master program. The proposal, as conditioned, will be consistent with the policies of the Shoreline Management Act and the City of Breme~Xon Shoreline Master Program. The proposed development is specifically autho~zed under the Shoreline Use/Activity Matrix and the zoning land use tables (Figure 140). Low-density residential i~ discouraged. A residential Planned Unit Development helps protect the shorelines by clustering the development away from the top of the bluff and the shoreline beiow. The proposed public access, as modified recently by the Applicant, Findings. Conclusions & Recommendation Hearing~ Eraminer ?b~' ~he CiO' of Bremomon T~[ere~LLC .kb BPO3 00213 Page 8 ~ 10 101 will provide an increase in the public visual access beyond what currently exists. Findings o/'Facts, Nos. ~, ~ 3, 4, 5, 6. ,c( 9, l l 2. The proposed use will not interfere with the normal public use of public shorelines. The proposed development clusters development away from the shorelines and away from the top of the high bank bluff. The Applicant will provide improved public access to the top of the slope over what now exists. The proposed development will enhance the public use of the shoreline bluff area. Findings Facts Nos. 5, 7 8. 9, 13. 3. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program. The comprehensive plan and zoning in this area encourages a ruixture of commercial and residential uses. Currently, the neighborhood predominately contains commercial activities with few residential activities. The addition of 14 residential units supports the intent ora more balanced mixed-use neighborhood, which makes this proposal compatible with other uses within the area. Findings o/'Facts Nos. l, 2, 4. 12. 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. The Planned Unit Developruent supports the pnblic interest by adding residential to this neighborhood in a manner that protects the shorelines and the high bank bluff. Providing a pedestrian improved public access to the top of the slope compensates the request for a reduction in the view corridor. This will improve the public's opportunity for visual access to the shoreline ' d enviromnent. The Planned Unit Development s propose setbacks also protect the shorelines by preventing the need lo install a bulkhead or other shoreline armoring. The reason is that the setback significantly reduces the risk of erosion, flooding and accretion threatening the ground stability of the development, which would trigger stabilization eflbrts that could impact the shoreline environment. Theretbre, no significant adverse effects will occur from this proposal. Findings q/'Facts Nos. ]. $, 9, 13, 15. 5. Consideration has been given to the cumulative impact of additional requests for like actions in the area. Most of the properties in the area along Campbell Way were built before view con'idors were required. With the exception of Sheridan Park~ these properties do not provide public access to the shorelines. The location of the view corridor and the improved public access compliment the public access available through Sheridan Park. Findings o/'Facts Nos. l, S. 9, 12. DECISION The request lbr a Shoreline Conditiona Use penmt, to intrude into the view corridor otherwise required by the Bremerton Shoreline Master Program, is GIL~NTED, subject to the following conditions: Findings. (~,mchlsionx c( Recoulmenda~ion Hearings £rwnincr./o~ ~hc, Ci~ Qf Breme~'tcm T([eret LLC .~5). BP03 0(~2 / 3 Page 9 qt JO 1. The intrusion shall not exceed 24.5 square feet ibr Building A and 227.3 square feet for Building B. 2. All construction shall be located such that the long-term stability of near shore habitat is protected and that a bulkhead or other shoreline protection is not necessao,. The installation of a bulkhead or other shoreline protection shall be prohibited. 3. Rernoval of riparian vegetation on the high bank bluff shall be prohibited in °rder to protect the near shore habitat. 4. A minimum 12-foot wide access easement shall be provided granting the public access to a safe area on top of the high bank bluff. The access must be available to the public from at least 10:00 am to dusk (one-half hour after sunset) each day. Language for the access easement must be approved by the City. 5. An improved public access meeting the standards set forth in Section 5-19 of the Shoreline Master program shall be provided. The improved public access shall provide a safe area on top of the high bank bluffwhere the public can visually access the shoreline environment and attractively landscaped. 6. A revised site plan showing the public easement and improved public access shall be provided and approved by the Community Development Director prior to submitting the Conditional Use Pein'fit to the Department of Ecology. 7. The public access easements and peri'nit conditions shall be recorded on the deed of title and/or on the face of the Planned Unit Development and plat as a condition running at the same time with the authorized land use. 8. The final Planned Unit Development site plan shall show the public easernent and location of the improved public access, which shall be installed or bonded for prior to finalizing the Planned Unit Development. Decided this2~day of March 2004. Theodore Paul Hunter Hearings Examiner tbr the City of Bremerton Findings. Conv[usions & Recommendation hrearings £vaminer [bt the CJ~ pf Bremerto~: T(rbret LLC, .~b BP03-00213 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF ANALYSIS, FINDINGS, CONCLUSION & DECISION Requested Action: Shoreline Substantial Development Permit for a Planned Unit Development to construct 14 townhouses on 14 individual lots. GENERAL INFORMATION File Number: BP04-00213 Applicant: Tiferet LLC, 4739 University Way, N.E. Suite 1607, Seattle, WA 98105 PROJECT SUMMARY 1. Assessor Account Numbers: 3976-028-010-0003. 2. Current Zone Classification: Shoreline Mixed Use (SMU) 3. Comprehensive Plan Designation: General & Professional Offices (C-P) 4. Shoreline Environmental Designation: Urban Commercial STATE ENVIRONMENTAL POLICY ACT SEPA Threshold Determination: Determination of Nonsignificance issued March 1, 2004 SITE DESCRIPTION 1. Location: 1207 Campbell Way 2. Lot Size: 0.99 acres (1.06 acres including water) 3. Surrounding Land Uses: ! DirectiOn Zoning North General Business Neighborhood Center, Professional (GB) building complex South Port Washington Water Narrows East Shoreline Mixed Duplex residential, Commercial , Use (SMU) West Parks & Schools Sheridan City Park , i(PS) Shoreline Substantial Development Permit BP03 00213 - 1 - 4. Topo~aphv/Existin~° Structures: This site has gentle sloping from Campbell Way to the top of the high bank marine bluff adjacent to Port Washington Narrows. 5. Development: The lot is vacant with vegetative cover. 6. Access: The ingress/egress are provided from Campbell Way/Lebo Boulevard. 7. Utilities: The project will be connected to city water and sewer systems. STAFF ANALYSIS Criteria For Approval: Shoreline Substantial Development Permit: WAC 173-27-150 outlines the criteria for approval of a Shoreline Substantial Development permit. Approval can be granted only when the development is consistent with the Washington State Shoreline Management Act and the Bremerton Shoreline Master Program (SMP). The agreement must be consistent with the development regalations outlined in the Bremerton Shoreline Master Programs Development regulations outlined in Table 3-2. Technical Review: The applications, and accompanying technical documents, have been circulated to the applicable city departments. Comments on the Pla,'med Unit Development were received and summarized in the comment section. Documents Reviewed: The site plan for the Plarmed Unit Development, vicinity map, shoreline permit submittal, SEPA Checklist were prepared by the applicant and submitted November 18, 2004. Applicable Shoreline Development Regulations: The SMP outlines allowed uses in urban commercial designations indicating it is to encourage commercial development that could enhance public access to the shoreline, either physically or visually, and provide a setting for commercial operations that will be of economic benefit. The SMP Shoreline Use/Activity Matrix, Table 3-1, allows residential uses and activities located landward of the Ordinary High Water Mark (OHWM) in the Urban Commercial environmental designation. The height restriction in the urban commercial designation is 25 feet while the height restriction in the zoning designation is 40 feet. In this case, the more restrictive applies. Building A, as measured by the SM? standards, has a proposed height of 33 feet, and Building B a height of 35.1 feet. Any building must be setback at least 25 feet from the Ordinary High Water Mark (OWItM) or 15 percent of the lot depth, whichever is greater. In this case the 15 percent is greater, which requires a 43.5-foot setback. Generally, a view corridor is required for parcels within 200 feet of the water. In th/s case the view corridor The SMP Site Development Standards, Table 3-2, (Key 2 and 3) requires a minimum view corridor to be maintained across 25 percent of the average lot width for Shoreline Substantia[ Development Permit BP03 00213 - 2 - 105 structure heights under 20 feet, and 35 percent of the average tot width for structure heights between _0 and o> feet. COMMENTS CITY COMMENTS RECEiptED Building ~ Engineering Department Four sets of revised civil plans required for approval. Storm water Plan review shall be paid prior to city permits. · Water and sewer fees paid prior to occupancy. · Specific plan revisions outlined in letter dated December 10, 2003. · Curb and sidewalk will not be required to be relocated from location shown on original proposal. · Utilities are addressed on the site plan. · Sewer and water are available · A recorded public easement shall be provided to Engineering prior to final occupancy approval. · Right-of-way dedication and public access easement is acceptable as shown in site plan revised 1/26/04 by Team 4 Engineering and stamped received by the Building Department 1/27/04 Fire Ok. Cross Connection Control No concerns at this time Traffic No concerns PusLzc Co vm Ts Pu c[rwD: [i~U°b~?ies;~nlny i~pp0~in112e p;ip°sa1 was ;esented during the p~lic heating on the Planned Unit Development and Shoreline Conditional Use Permit. FLNDINGS The City of Bremerton Department of Community Development makes the following findings in support of the decision for a Shoreline Substantial Development Permit 1. The proposal is consistent with zoning requirements. The Heating Examiner has recommended approval to the City Council of the Planned Unit Development. This permit will be subject to preliminary approval of the Planned Unit Development. 2. The proposal is consistent with the commercial and residential surroundings. 3. A Shoreline Conditional Use Permit was approved to allow a deviation from the view corridor standards of the Shoreline Master Pro,am for the purpose of constructing the 14 townhouses. Shoreline Substantial Development Permit BP03 00213 CONCLUSION A review of the submitted the site plan, vicinity map, shoreline permit submittal, SEPA checklist, and an inspection of the site indicates the proposal would comply with applicable Bremerton Municipal Code development regulations subject to the conditions found in the "Conditions" section of tiffs report. ShoreIine Substantial Development Permit: With the construction site within 200 feet of the Port Washington Narrows, water quality, aquatic habitat, stormwater runoff, reduction in public access (visual and physical) to the shoreline, and traffic disturbances are the primary concern. In order to assure environmental sensitivity, the conditions found in the next section of this report shall be implemented in accordance with (WAC 173-27-150(2)). CONDITIONS NOW, THEREFORE, BE IT RESOLVED by the City of Bremerton Department of Community Development Director after considering the above findings APPROVES the proposed Substantial Development Permit subject to the following conditions: 1. No construction shall begin and is not authorized until twenty-one days from the date of filing by the Department of Ecolog?' as defined in RCW 90.58.140(6) and WAC 173-27-130. 2. All construction practice shall follow best management practices pertaining to erosion control to prevent any material from entering waters of the state. 3. At no point should any of the proposed structures be built waterward of the 43.5-foot shoreline setback. 4. No fill, or other construction debris, shall enter the adjacent Port Wasiffngton Narrows 5. All stormwater shall be handled utilizing best management practices. 6. All conditions set forth in the preliminary approval of the Plarmed Unit Development shall be included as conditions of this permit. 7. Conditions set forth in the Conditional Use Permit decision dated March 26, 2004 shall be included as conditions of this permit. Shore{ine Substantial Development Permit BP03 00213 - 4 - 107 DECISION After reviewing the above-findings, conclusions, and conditions the undersigned hereby APPROVES with conditions the Substantial Development Permit for File PL03-0213, as described h~rein, for filing pursuant to Chapter 21.04 of the Municipal Code of Bremerton. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances or regulations applicable to this project. This approval meets the guidelines outlined in WAC 173-27- 150. Date elopment APPEALS: The decision of the Land Use Official is final unless appealed to the Brernerton Administrative Hearing Examiner within fourteen (14) calendar days of the posting of this decision. All a?~eals must be filed before the deadline below to the Department of Cornmunity Development, 286 4 Street, Bremerton, WA 98337. Shoreline Substantial Development Permit Appeal: Monday, April 26, 2004. Shoreline Substantial Development Permit BP03 00213 - 5 - 208 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT ]1 STAFF REPORT, CONCLUSIONS AND FINDINGS I Hearing Examiner Public Hearing March 16, 2004 Requested Action: Planned Unit Development, Subdivision, Shoreline Substantial Development Permit and Shoreline Conditional Use Permit to construct 14 townhouses on 14 individual lots and to request an exception to allow a reduction of the Shoreline Master Program view corridor requirement GENERAL INFORMATION 1. Land Use Action (See AP?END~X A for application): (a) Heating Examiner recommendation to Bremerton City Council on Preliminary Planned Unit Development and Preliminary Subdivision (b) Hearing Examiner decision on a Shoreline Conditional Use Perrait regarding a view corridor exception (c) Shoreline Substantial Development Permit is decided by the Director and is subject to approval of the Shoreline Conditional Use Permit. 2. File Number: BP03-00213 3. Applicant: Tiferet LLC, 4739 University Way, N.E. Suite 1607, Seattle, WA 98105 Contact: Mark Goldberg 4. Location: 1207 Campbell Way 5. Assessor Account Number: 3976-028-010-0003 PROJECT SUMMARY 1. Current Zone Classification: Shoreline Mixed Use (SMU) 2. Comprehensive Plan Designation: General & Professional Offices (C-P) 3. Shoreline Environmental Designation: Urban Commercial 4. Critical Areas Designations: Geologically Hazardous Areas STATE ENVIRONMENTAL POLICY ACT SEPA Threshold Determination: Determination of Nonsignificance issued March 1, 2004 (See APPENDIX B for SEPA Checklist and DNS). 1 109 SITE DESCRIPTION 1. Le__~l Descril~tion: LOTS 10 THROUGH 22, BLOCK 28, U.S. NAVY YARD ADDITION TO BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 63 1N KITSAP COUNTY, WASHINGTON 2. Lot Size: Approximately 0.99 acres (1.06 acres including water) 3. Surrounding_Land Uses: North General Business Neighborhood Center, Professional (GB) building complex South Port Washington Water Narrows East Shoreline Mixed . Duplex residential, Commercial Use (SMU) West Parks & Schools Sheridan City Park (PS) 4. Topography: Gently sloping from Campbell Way to the top of the high bank marine bluff adjacent to Port Washington Narrows. 5. Development: The lot is vacant with vegetative cover. 6. Access: The ingress/egress are provided from Campbell Way/Lebo Boulevard. 7. Utilities: The site is served by public water and sanitary sewer services. COMPREHENSIVE PLAN (See APP£NDIX C for map of Comprehensive Plan Designation) 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 hYable c~ty. 2 110 · 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 Housing: "Encourage the availability 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. · Goal # 9 Open Space and Recreation: "Encourage the retention of open space and development of recreational ot~portunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks." Supporting Policy (3): Incorporate into new development proposals the provisions of the adopted Waterfront Access Plan and other plans and regulations that call for shoreline access improvements, pathways, or other forms of access or facilities linkage. Housruc ELEivIENT: 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. LnND USE ELEMENT: The property is located in the Wheaton Way Corridor Specific Area Plan (Element E, 11, E-3 (page 55)). Policies for the Wheaton Way Corridor that are applicable to future development include the following. "Development shallprovide interconnectingpedestrian walkway& to the greatest extent possible, to encourage walking." · "The provision of safe and frequent pedestrian crossings of Wheaton V~ay shall be a priority and shall not be precluded by the need to move large volumes of traffic." · "AstreettreeprogramshallbeestablishedbytheCityandappliedtoallnewand expanding development through their landscape plans." · "New curb cuts and driveways shall be discouraged. Frontage roads or common access points serving several adjacent properties are preferred." · "For transportation planning purposes, priority shall be given to Plan Amendments and Rezones that would increase residential density within one- fourth mile of the pirheaton Pi'ay Corridor." 3 · "In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single- occupant vehicles." ENVIRONMENTAL MANAGEMENT ELEMENT: The property is located within the jurisdiction of Bremerton's Shoreline Master Program. The following goals and policies are relevant to the proposal: B: LANDS ADJACENT TO SHORELiNES: Goal: "Encourage uses, densities and development patterns that are compatible with shoreline uses and resource values and that reinforce the policies of the Shoreline Management Act and Bremerton's Shoreline Master Program." Policy B-l: Consider the compatibility of proposed upland uses with those allowed in each adjacent shoreline environment and with the purpose and intent of the environment designation. Policy B-2: Minimize shoreline impacts from residential development on upland "view" property, i.e. storm water mn-off, septic drain field seepage, intensification of risks from geological instability, etc. Policy B-3: "Adjacent lands" policies shall be implemented through zon/ng, subdivision, short-plat and other land use ordinances, and through mechanisms such as the Capital Facilities Plan and budget. Goal: "Protect both the economic viability and resource values of urban shorelines." Policy C-l: Protect and preserve natural and/ or critical areas through the developed urban environment and recognize that Shoreline of Statewide Significance priorities also apply within our urban area. Policy C-6: Promote aesthetic and view protection through sign control regulations, appropriate siting and screening requirements, protection of view corridors, and the use of arcliitectural standards. D: PUBLIC ACCESS: Goal: "Protect and enhance the rights of the general public to enjoy the physical and aesthetic qualities of the shoreline, while allowing controlled development consistent with the public interest." Goal: "Protect and enhance shoreline visual and physical access consistent with Shoreline Management Act and Public D'ust Doctrine principles." 4 212 Policy D-3: Assure that development, uses and activities on or near the shoreline do not impair or detract from the public's access to the water or shoreline. Policy D-4: Enhance and preserve public views. Policy D-6: Preserve, maintain and enhance public access and views afforded by shoreline street ends, public utilities, and rights-of-way whenever feasible. G: HOUSiNG: Goal: "Permit residential development in shoreline areas and in the vicinity of other critical or sensitive lands only at densities that can be proper(v served by needed utilities and roadways and only when within the "carrying capacity" of the site or general location." Policy G-4: Encourage the use of Planned Unit Developments and clustering of development to help protect natural features, preserve open space, minimize physical impacts, and reduce the costs of utilities and roads. Policy G-5: Require adequate setbacks, buffers, and open spaces as needed for shoreline development to protect vegetation, natural features, views, and other aesthetic characteristics. BACKGROUND PLAT INFORMATION The subject tax parcel (3976-028-010-0003) contains 13 underlying lots created during the platting of the U.S. Naval Yard Addition to Bremerton. The proposal would create a 14t~ lot, open space tract, and a road tract. The City's legal department reviewed the proposal to determine if the provisions of RCW 58.17 (Plats, Subdivisions, and Dedications) should apply. The City recommended that the proposed Planned Unit Development be processed concurrently with a subdivision application because of the significant boundary line adjustments to the underlying lots, and the creation of a new lot, road tract and open space tract. (See APPENDIX D for map showing original lots.) 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 Heating Examiner. Final subdivision approval is set forth as a Type III Adrrdnistrative Hearing Examiner decision. 5 ANALYSIS: GENERAL 1. 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. 2. BMC Section 21.04.110(c)(2) sets forth final decision on a Shoreline Conditional Use Permit (CUP) as a decision by the Administrative Hearing Examiner and may be approved, rejected, or modified by the Department of Ecology. 3. BMC Section 21.04.110(c)(1) sets forth a substantial development permit as a Type II Administrative decision by the Director that will be processed separately. Director's approval of the substantial development permit is subject to approval of the Shoreline Conditional Use Permit. ANALYSIS OF ZONING & PLANNED UNIT DEVELOPMENT STANDARDS: 4. The intent of the Shoreline Mixed Use (SMU) zoning designation is to establish a mixed-use district that responds to the constraints and special opportunities of kigh bank bluff areas. The proposal meets several of the primary objectives including adding medium density residential to an area with a mixture of existing uses, does not endanger the stability of the slopes, and is designed to take advantage of the high bank bluff views. 5. Setback standards set forth in the S~MU zoning district include Front Yard = 10 feet, Side Yard = 5 feet subject to view corridor requirements, Rear Yard = 10 feet; and setback fi:om the Bluff-top = 25 feet unless a geotechnical report allows less. 6. Pursuant to BMC Section 21.02.070 (Definitions), Lot Line, Rear, state that waterfront property shall mark the rear property line as the ordinary high water mark. Therefore, the submerged area south of the ordinary high water mark is not included in the lot area. The area of the lot is determined to be 42,964 square feet (0.99 acres). Not the 46,262 square feet (1.06 acres) found inside of the original property lines. 7. Pursuant to BMC Section 21.02.070, the proposed buildings meet the city's de£mition of Townhouse. A Townhouse is def'med as a single-urfit structure in a row of at least three units of which 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. 8. Townhouses are a permitted use per Fignre 140 (Land Use Tables) within the SMU zoning distr/ct. However, there is not an allowance made for zero-lot lines. Approval of a Planned Unit Development allows for a reduction in the zoning side yard setback requirements to allow zero-lot-lines. 6 114 9. The Director did not require the optional neighborhood meeting, pursuant to BMC Section 21.02.370, because this proposal was deemed to affect few neighboring properties. 10. BMC Section 21.02.490 requires the PUD to conform to specific development standards. a. BMC Section 21.02.490 allows a PUD on sites less than one acre provided that: (1) The site has natural or aesthetic features that couM be adversely affected by traditional development techniques. STAFF: A PUD provides an excellent means for protecting the high bank bluff area and preserving the shoreline features of this site through the requirement for open space preservation. (2) The site is located in a designated urban renewal area, neighborhood conservation area or other target area for rehabilitation or redevelopment. .STAFF: While the City has not designated the site as an urban renewal area or neighborhood conservation area, new diverse types of housing and infill are goals of the City's Comprehensive Plan, which suggests this could be considered a "neighborhood conservation area." Clustering medium-density housing on this site fulfills the objective of the Shoreline Mixed Use zoning district to maximize bluff top areas while protecting the environmental constraints of the site. (3) _Properties in the immediate vicinity are mostly developed or not available for acquisition. STAFF: Adjacent properties are developed and/or not available for acquisition. (4) The use and style is consistent with the existing development character of the area. STAFF: Residential uses are consistent with the intent of the zone and the existing development located in the area. b. Perimeter and Interior Setbacks: (1) Stmctures are required to comply with a perimeter setback that on properties less than one acre shall be the setbacks of the zoning district. A perimeter setback of 10 feet along the fi'ont yards and 5 feet along the side yards is required. The proposal meets these requirements. (2) Non-perimeter setbacks may be modified through the PUD process, which allows for the proposed zero-lot-lines for interior setbacks associated with the individual lots. 7 215 c. Height: Figure 130 established a maximum 40-foot height limitation within the SMU zoning district. Measuring height per BMC Section 21.02.220 the estimated structure height is 27 feet. Note: the buildings height must also comply with the height standards set forth in the Shoreline Master Program, which are more restrictive. d. Open Space: A minimum of 15 percent of the total area of the PUD shall be dedicated as conunon open space. The minimum required open space for this proposal is 6,445 square feet (42,964 X 0.15) while 16,673 square feet is proposed. This represents 38.8 percent of the site. The open space requirement is broken down in the following manner. (1) Active open space: two-thirds (2/3) of the open space is required to be active areas such as playgrounds, picnic areas sports courts, etc. 4,318 square feet of active open space is required and 8,812 square feet is proposed. (2) Passive open space: up to one-third (1/3) of the open space can include natural amenities not suitable for recreational purposes. Since the active open space exceeds the total open space required, the 7,860 square feet of additional passive open space exceeds the requirement. Much of the Passive open space is high bank bluffs with slopes over 100 percent. Open space cannot include streets, alleys, other rights-of-way, vehicular drives, parking, loading, storage areas, buffering and landscaping areas for par'king, perimeter setback areas, interior setbacks, and small remnants of land that do not relate functionally to the overall open space plan. The open space plan meets this requirement. 11. 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. 12. BMC Section 21.02.070 definition of Lot requires a minimum of 20 feet of frontage on either a public or private street. BMC Section 21.02.460 allows modifications to such standards. The individual lots have between 20 and 43 feet of frontage on private and public streets. (Some of the lots associated with Building 'A" are 17 feet wide, but have street frontage on two sides and therefore meet the minimum requirement.) 13. The SMU zoning district has no density standards. The PUD has a proposed density of 14 dwellings per acre, Milch falls w/thin the medium-density range. Given the environmental constraints of the site, this density is appropriate for the site. 14. 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. The SMUT zoning designation has no minimum lot size standard. 8 Individual lot development is proposed as follows: 1 2,522.3 38 % 18.83 & 6.125 ft. 12 ft. 2 1,080.8 57 % 19.54 & 6.125 ft 0 3 1,084.8 57 % 19.79 & 6.125 ft 0 4 1,089.0 57 % 20.0 & 6.125 fi 0 5 1,093.0 57 % 20.29 & 6.125 15 0 6 1,097.0 57 % 20.5 & 6.125 15 0 7 1,101.0 56.6 % 20.75 & 6.125 15 0 8 1,974.0 33 % 21.0 & 6.125 ft 9.92 ft 9 [ 1,734.8 46 % 1.92 15 5 15 10 1,097.0 67 % 1.92 ft 0 11 1,097.0 67 % 1.92 ft 0 12 1,097.0 67 % 1.92 ft 0 67 % 1.92 fi 0 13 1,097.3 ~ 14 1,662.0 46 % 1.92 ft 8 t5 The distance between Building A and Building B is 28.042 feet. proposed lots are deemed satisfactory and consistent with the purpose of Planned Unit Developments and zoning designation. parking is required per Figure 670(a). For a multi-unit structure the requirement is 1.5 spaces per each 1-bedroom unit, 1.75 spaces per each 2-bedroom 2.0 spaces per each 3 bedroom plus. The applicant is proposing two (2) off- parking spaces per each unit to be located on the lower level. OF THE CRITICAL LANDS ORDINANCE (Chapter 21.22) property contains slopes exceeding 100 percent. Tiffs classified the site as a Hazard Area, Steep Slope and an Erosion Hazardous Area pursuant to Section 21.22.100(b)(3)(v), (4)(ii) and 21.22.100(b)(2)- The Costal Zone Atlas unstable slopes on the property. Hazard Areas and Steep Slopes and associated 50-foot buffer areas may not disturbed unless a geotechnical report modifies the standard pursuant to BMC 21.22.100(c)(2). Consolidated Engineering prepared a geoteclmical report, August 14, 1998, and amended October 24, 2003, which allows for a 25-foot for the structures from the top of the slope. This was amended again March to add allowance for patios and other site improvements shown on the plan to within the 25-foot setback buffer. (See APPENDIX E.) 9 117 18. A geotechnical engineer is required to inspect the site when excavation for the footings occurs to determine if the footing designs are adequate. (See APPENDIX E.) ANALYSIS OF SHORELiNE MASTER PROGRAM (SMP) STANDARDS 19. The site is located within the SMP Urban Commercial environmental designation. (See map in APPENDIX F.) The intent of this designation is to encourage commercial development that could enhance public access to the shoreline, either physically or visually, and provide a setting for commercial operations that will be of economic benefit. 20. The SMP subjects this site to the Marine Bluff Review set forth in Chapter 4 of the Shoreline Management Program. An evaluation of the criteria indicates that this proposal complies with this section. The geotechnical report indicated that the proposal would not destabilize the slope. The structures will be connected to the city sewer system. The storm water drainage would directly discharge into Port Washington Narrows through a collection system, wet tank, and piping down to the shoreline. A retention system is not proposed. 21. The SMP Shoreline Use/ Activity Matrix, Table 3-1, allows residential uses and activities located landward of the Ordinary High Water Mark (OHWM) in the Urban Commercial environmental designation. The SMP relies on the zoning code (Figure 140, Land Use Tables) to determine the type of residential uses allowed. 22. BMC Section 21.02.070 defines parcel depth as the horizontal distance between the front and rear property line. When a lot is irregularly shaped, the most reasonable manner based on the longest average dimension will be used. The lot depth was determined to be 291 feet. 23. The SMP Site Development Standards, Table 3-2, established a minimum setback for residential uses from the OHWM of 25 feet or 15 percent of parcel depth whichever is greater. The proposal requires a 43.5-foot setback because 15 percent of 291 feet is the greater distance. The proposal contains a minimum 97ofoot setback from the OHWM. 24. The SMP Site Development Standards, Table 3-2, allows a maximum building height of 25 feet measured from the average grade level to the highest point of a structure. The height limitation may be increased to the 40-foot height limitation set forth in the SMU zoning designation provided (1) it does not impair views of the water from residential properties upland of the nearest public street landward and (2) it is offset by an increase in the view corridor. 25. Building A, as measured by the SMP standards, has a proposed height of 33 feet, and Building B a height of 35.1 feet. This meets the maximum height requirements set forth in the SMP provided an exception is granted for the view corridor. 10 118 26. The proposal does not impair views of the water from upland residential properties. Properties, located upland from the site, are zoned for and contain commercial uses. 27. The SMP Site Development Standards, Table 3-2, (Key 2 and 3) requires a minimum view corridor to be maintained across 25 percent of the average lot width for structure heights under 20 feet, and 35 percent of the average lot width for structure heights between 20 and 35 feet. Any reduction to these standards shall be addressed through the Shoreline Conditional Use Permit. 28. The SMP Site Development Standards, Table 3-2, (Key 3), Figure 3-3 and 3-4 allow a stepped approach to the view corridor where parts of a structure are different heights. Each structure part must comply with the required view corridor for the height of that part of the structure. (See APPENDIX G for Figures.) 29. BMC Section 21.02.070 defines lot width as the average horizontal distance between the two side-lot lines measured at right angles to the lot depth line. Reasonable modifications to the procedures are allowed for irregular lots. Because of the irregularity of the lot configuration, the Director determined measuring at the mid- point of the lot depth line as a reasonable procedure for calculating lot width. Using this method, the average lot width is determined to be 171.25 feet. (See APPENDIX H for diagram.) 30. The table below is a summary of the proposed view corridor for this site. Required PropOsed Difference a~: view : Co~rido~ ;corridOr:; BUILDING ~ Structure under 20 feet (25%) 42.81 ft 45.67 to 53 fi +2.86 fi Structure 20 to 35 feet (35%) 59.93 fi 53 to 64 fi -6.93 fi BUILDING B Structure under 20 feet (25%) 42.81 fi 41.4 feet -1.4 fi ] Structure 20 to 35 feet (35%) 59.93fi 39.92 to 51ft -20ft 31. Building A would exceed the view corridor requirement below 20 feet of the structure height, but would encroach into the view corridor at 20 feet to 35 feet of the structure height an estimated zero to 7 feet. This produces an estimated 24.5 square feet obstruction of the view corridor as viewed from Campbell Way. (See AP?E.NDrX I for diagram.) Building A requires a Shoreline Conditional Use Permit in order to comply with the view corridor requirements. 32. Building B would encroach 1.4 feet into the view corr/dor for structure height below 20 feet, and an estimated 9 to 20 feet into the view corridor for structure height between 20 feet to 35 feet. This produces an estimated 227.3 squarefket obstruction of the view corridor as viewed from Campbell Way. (See APPENT)IX I for diagram.) 11 119 Building B requires a Shoreline Conditional Use Permit in order to comply with the view corridor requirements. 33. Chapter 4 of the SMP established general requirements that apply to all environmental uses or activities. The following "View Protection" regulations are applicable to the proposal. 1. Shoreline uses and activities shall be designed and operated to avoid blocking reducing, or adversely interfering with the public's visual access to the water and shorelines. 4. In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping. 5. Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. STAFF COMMENT: The public's visual access to the water is primarily from Lebo Boulevard and Campbell Way. Lebo Boulevard is located at a higher elevation (208 feet) than Building A (elevation 198 feet) and Building B (elevation 195.5 feet). This slightly reduces some of interfering with the public's visual access. The applicant located the development as far landward as the design and city codes would allow. The affect of the proposal on the public's visual access to the water and shorelines is addressed through the Conditional Use Permit. 34. Section 5-19 of the SMP requires residential developments, subdivisions, and planned unit developments of five (5) or more waterfront lots/units shall provide "improved public access" for all residents of the development and the public. Subsection 4-7 (4) and (5) of the SMP stated when improvedj~ublic access is required, it shall consist of the following: a. dedication of a public pedestrian access easement a minimum width of not less than 12 feet; b. construction ora hard surface walton, ay a minimum width of five (5) feet; c. attractively landscaped and maintained by the property owner; d. connected to adjacent future or existing walkways; e. in areas where there is a bluff, the access may be located at the top of the bluff as long as it will connect with existing or planned access on adjacent properties; and f. the property owner shall construct, install and maintain standard state approved logo or other approved signs indicating the public's right of access and hours of access in conspicuous locations at public access sites. STAFF COMMENT: The site plan indicated a 5-foot wide sidewalk setback 5 feet from the west property line that connects to the sidewalk on Campbell Way/Lebo Boulevard. The length of the sidewalk is insufficient, but it could be extended to a 12 ~20 point near the top of the bluff that could safely provide public views of the water. A 12-foot wide easement over the sidewalk is required to provide public access. ANALYSIS OF PUBLIC WORKS STANDARDS 35. The City Engineer will require a dedication of approximately 1,083.5 square feet of frontage where the existing parcel overlaps Campbell Way. The area between the old and new property line on the revised site plan dated January 26, 2004 show the overlap. 36. RCW 58.17.165 requires a plat subject to a dedication to provide a certificate on the plat, or separate written instrument, dedicating the land to the public. It shall include a waiver of all claims for damages against any government authority. The certificate or written instrument must be signed and ac ~knowledge before a notary public by all parties having ownership interest in the lands. A title report is required to accompanying the final plat confirming the title of the lands as described and the owner sigmng the certificate or instrument of dedication. 37. Standard curb, gutter and sidewalk are required to be provided according to City of Bremerton standards as set forth in Ordinance 4856 along the Campbell Way/Lebo Boulevard rights-of-way. A 5-foot public access easement is required :[6r the sidewalk. The City Engineer determined the proposed access easement on the revised site plan dated January 26, 2004 is acceptable. 38. BMC Section 21.02.070 required individual lots to have access by a public or private street. A 20-foot wide private street is proposed to provide ingress and egress to Campbell Way. 39. The City Engineer has determined that the private street access to the individual tots can be developed as a private drive per Ordinance 4856, Section 11.12.130. The basis for developing as a private drive rather than private street is based on the City Engineer's opinion that the proposed townhouse structures share similar pedestrian and vehicle movements of apartment buildings rather than individual homes. The authority for this determination is set forth in Ordinance 4856, 11.12.030. 40. The property is located within the City's utility service area. Sewer and water are available per Engineer/ng's comments. A public main extension is required to be installed to provide water service to the site. 41. The City Engineer reviewed the proposal for storm water drainage requirements. A storm drainage report and civil plans have been submitted and must be approved before building permits are finalized. 42. The City Engineer reviewed anticipated traffic impacts of the proposal. The existing transportation system was determined to be adequate to support the proposed development. Campbell Way accesses Lebo Boulevard. Lebo Boulevard is not part 13 122 of any analysis in the transportation element of the City's Comprehensive Plan. Lebo Boulevard is a very wide street and it is estimated that it functions at a Level of Service A (free flowing). The proposed addition of 14 dwelling units calculated to add an additional 10 vehicle trips during the AM and PM peak hours. The increase is negligible and does not affect the free flowing conditions of Lebo Boulevard. CONDITIONAL USE PERMIT CRITERIA 43. The Shoreline CUP is required pursuant to the SMP Site Development Standards, Table 3-2 (Key 2) which allows EXCEPTIONS to the view corridor requirements through the CUP process. 44. The applicant has requested a reduction of the view corridor for the following reasons (See Appendix J for applicant's letter). a. 'The strict application of the view corridor dimensional requirement would significantly interfere with the reasonable use of the property. The SMP effectively limits development to 13 units per acre, lot coverage to 22.8 percent, height to 35feet, which are not consistent with the Shoreline Mixed Use zoning of the property. The view corridor and other regulations of the SMP impose hardships on the use of the property and severely reduce the ability reasonably to develop residential uses on the property. ' b. 'The SMP creates hardships that specifically relate to the unique conditions of this property such as lot its irregular shape, site topography and natural features, which result in a cumulatively tak~'ng of over 60percent of the site. (1) Approximately 3,298 square feet of the property is submerged. (2) 684 square feet is inaccessible shoreline. (3) 8,844 square feet of the property is bluff (4) 3,950 square feet of the property is bluff setback (5) 952 square feet is dedicated to rights-of-way. (6) 1,450 square feet of the property is side yard setbacks. (7) 2,340 square feet of the property is front yard setback. (8) 6,445 square feet is required to be open space. Other circumstances of the site include its pie-shaped with the shortest lot dimension facing the water. Additionally, the grade on the sidewalk is 8feet higher than the elevation at the top of the bluff setback. As a consequence of the above, only 22.8 percent of the lot coverage is possible. ' c. 'The proposed project is compatible with the permitted uses in the area and complements Sheridan ?ark to the west. ' d. 'This is not a request for a special privilege due to the unusual lot shape and proximity to Sheridan Park. ' 14 122 e. 'The public interest will suffer no substantial detrimental effect because a significant view corridor is still provided. ' f. 'Finally, no development water ward of the OI-II4ZM is proposed, the shoreline vegetation is prese~wed and no disturbance of the shoreline is proposed.' 45. Pursuant to Chapter 7 of the SMP, the purpose of the Conditional Use Permit is to allow greater flexibility in the application of the Shoreline Master Program. In order for a development activity to be authorized under a Conditional Use Permit it must meet the criteria outlined below (criteria is from WAC 173-27-160). a. That the proposed use is consistent with the policies of RC~' 90.58.020 and the master program; STAFF COMMENT: The proposal, as conditioned, is consistent with the policies of the Shoreline Management Act and the City of Bremerton Shoreline Master Program. The use is allowed under the Shoreline Use/ Activity Matrix and the zoning land use tables (Figure 140). Low-densiW residential is discouraged. A residential Planned Unit Development helps protect the shorelines by clustering the development away from the top of the bluff and the shoreline below. The improved public access will provided an increase in the public visual access then what currently exist. This supports the public interest to protect the resources and ecology of the shorelines and waterways, and increases the oppommity for the public to enjoy. b. That the proposed use will not interfere with the normal public use of public shorelines; STAFF COMMENT: The Planned Unit Development clusters development away from the shorelines and away from the top of the high bank bluff. By providing improved public access to the top of the slope and by locating the development far landward of the OHWM, the proposed use will not interfere with the normal public use o£the shorelines. c. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; STAFF COMMENT: The intent of the comprehensive plan and zoning in this area is for a mixture of commercial and residential uses to occur. Currently, the neighborhood predominately contains commercial activities with few residential activities. The addition of 14 residential units supports the intent of a more balanced mixed-use neighborhood, which makes this proposal compatible with other uses within the area. 15 123 d. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and STAFF COMMENT: The Planned Unit Development supports the public interest by adding residential to this neighborhood in a manner that protects the shorelines and the high bank bluff. The request for a reduction in the view corridor is compensated by providing a pedestrian improved public access to the top of the slope. This will improve the public's oppor~.mity for visual access to the shoreline environment. The Planned Unit Development's proposed setbacks also protect the shorelines by preventing the need to install a bulkhead or other shoreline armoring. The reason is that the setback significantly reduces the risk of erosion, flooding and accretion threatening the ground stability of the development, which would trigger stabilization efforts that could impact the shoreline environment. Therefore, no significant adverse effects will occur from this proposal e. Additionally, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. STAFF COMMENTS: Most of the properties in the area along Campbell Way were built before view corridors were required. With the exception of Sheridan Park, these properties do not provide public access to the shorelines (see AP?ENDDC K pictures). The location of the view corridor and the improved public access compliment the public access available through Sheridan Park. The impact to the view corridor is also reduced because Campbell Way and Lebo Boulevard rise 2 to 8 feet above the average grade Additionally, the properties upland from the site are zoned General Business (GB) and contain commercial uses. No residential properties are affected. The improved public access will enhance the public rights for visual access to the shoreline environment. The public easement provides a means for visual access to remain unobstructed since the public can view the shorelines from the water ward side of the development. The location also compliments the public views provided at Sheridan Park. 16 224 Finally, the Planned Unit Development supports the public interest. The clustering of development away from the shoreline and high bank bluffs better protects the environment and the shoreline. The addition of medium-density residential supports the Comprehensive Plan, zoning and shoreline designation that seek a mixture of commercial and residential uses in this neighborhood. 46. The Washington Department of Ecology provided written comments against approving the Conditional Use Permit (see comment section). Their major points of disagreement included the following. a. The reduction of the view conSdor should be reviewed based on the criteria of the Conditional Use Permit (WAC 173-27-160) and a Shoreline Variance (WAC 173-27-170). b. The proposal is inconsistent with the intent of the Urban Commercial environmental designation to enhance public access to the shorelines. c. Ecology would apply WAC 173-27-210 - minimum standards for conditional use and variance permits. Pursuant to RCW 90.58.100(5) and 90.58.140(3), the criteria referenced in WAC 173-27-160 and 170 shall constitute the minimum criteria for review by the local government and the department. Local government and the department may additionally apply the more restrictive criteria where they exist in approved in adopted master program. STAFF COMMENT: The Department of Ecology provided their comments as preliminary based on general information from the City's shoreline master program and site plans; and not a complete record. Their comments focus on concerns for the SMP intent to enhance public visual access to the shoreline. Ecology will review the decision on the Conditional Use Permit for a final determination based on a complete record. The City believes that by requiring the improved public access, the concerns raised about enhanced visual access are addressed. The reference to the variance criteria is not applicable to an exception to the view corridor. The Bremerton Shoreline Master Program, which has been approved by the Department of Ecology, specifically states that "view corridor exceptions may be permitted by a Conditional Use Permit. ' The Department of Ecology has concurred with this provision by approving Gary & Heather Coutts Conditional Use Permit (PL99-0090) allowing a reduction to their view corridor for a single-family residence. (See APPENDIX L for Ecology letter and Shoreline Hearing Board order.) 17 125 COMMENTS RECEIVED 47. City and state agency comments: Building None Enginec:~ring Department · Four sets of revised civil plans required far approval. · Storm water Plan review shall be paid prior to city permits. · Water and sewer fees paid prior to occupancy. · Specific plan revisions outlined in letter dated December 10, 2003. · Curb and sidewalk will not be required to be relocated from location shown on original proposal. · Utilities are addressed on the site plan. · Sewer and water are available · A recorded public easement shall be provided to Engineering prior to final occupancy approval. · Right-of-way dedication and public access easement is acceptable as shown in site plan revised 1/26/04 by Team 4 Engineering and stamped received by the Building Department 1/27/04 Fire Ok. Cross Connection Control No concerns at this time Traffic No concerns com~ents R~e~i~ed : Deptuhnent 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 Transportation (Olympic Region Developer Services) Department of Ecolo~¢ Through their Shoreline Master Program the City of Bremerton chose to establish view corridors and allow review by conditional use I instead of variance, which is often the more common method of 18 126 addressing reductions in dimensional standards as per WAC 173- 27-170 - Review criteria for variance permits. Ecology therefore applied WAC 173-27-160 - Review criteria for conditional use permits and WAC 173-27-210 - Minimum standards for conditional use and variance permits and found that the proposed view corridor reduction does no~t meet all of the criteria 173-27-160 (1) (a)-(e) as required, particularly, (c) This shoreline has an Urban Commercial shoreline designation, which includes in its description, "The intent of this designation is to encourage commercial development that could enhance public access to the shoreline, either physical or visual, and provide a setting for the commercial operation that will be of economic benefit." Ecology believes the view corridor/building height formula Bremerton established in the approved SMP indicates their desired balance of development to visual access. (d) The shoreline environment has the Urban Commercial shoreline des gnat'on, and 'the 'ntent of this designation is to encourage commercial development that could enhance public access to the shoreline, either physical or visual, and provide a setting for the commercial operation that will be of economic benefit." Ecology believes the view corridor/building height formula Bremerton established in the approved SMP indicates their desired balance of development to visual access. (e) The shoreline environment is the Urban Commercial shoreline designation, and "the intent of this designation is to encourage commercial development that could enhance public access to the shoreline, either physical or visual, and provide a setting for the commercial operation that will be of economic benefit." Ecology believes the view corridor/building height formula Bremerton established in the approved SMP indicates their desired balance of development to visual access. In addition, Ecology would apply WAC 173-27-210 - Minimum standards for conditional use and variance permits. Due to the special application of the conditional use to the height/view corridor formula in the Bremerton Shoreline Master Program, Ecology would apply its more explicit and restrictive criteria regarding view corridors and building height to this proposal and recommend denial of the shoreline conditional use permit. Kitsap Transit None Bremerton - Kitsap None County Health District Kitsap County None Department of Community Development 48. PUBLIC COMMENTS RECEIVED: 19 227 49. 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 pIans and ordinances adopted by the City. STAFF: Clustering medium-density residential townhouses is consistent with several goals and policies of the Comprehensive Plan and Shoreline Management Program referenced previously in this report. The land use tables in the zoning code allow townhouses in the Shoreline Mixed Use Zoning designation; and the Shoreline Use/Activity Matrix allow residential uses landward of the Ordinary High Water Mark in the Commercial Shoreline designation. (b) The PUD shall be integrated with its surroundings and designed to harmonize with existing or proposed development in the neighborhood. Jn the case ora departure in character from the surrounding land uses, the scale, tntensity and design shall adequately reduce the im]2act 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 townhouses integrate well with the mixture of commercial residential development found in the neighbohng 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 the fi'ee flowing conditions of Lebo Boulevard. (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, wor/dng, and leisure activities. 20 128 STAFF: The design of the townhouses and the addition of medium-density residential 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 the shorelines and critical areas as referenced in the Consolidated Engineering Foundations & Soils report for Campbell Way Townhouses. 1. A Determination of Nonsignificance was issued March 1, 2004. 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 AP?ENDIX O). Notification was provided as follows: Application received: November 18, 2003 Determination of Completeness December 16, 2003 Notice of Application December 30, 2003 DNS published March 1,2004 Notice of Hearing March 1,200q FINDINGS: The City of Bremerton Depmment of Community Development makes the following findings in support of a recommendation. 1. An application for a preliminary Planned Unit Development, subdivision, conditional use permit and a substantial development permit were received November 18, 2003 and determined complete on December 16, 2004. 2. The proposed preliminary Planned Unit Development and plat comply with applicable development standards set forth in the Bremerton Municipal Code, the Shoreline Master Program, the land use map, and the Comprehensive Plan further implements several goals and polices within said plans. 3. The subject property is located in an area suitable for development, as addressed by the commenting agencies and city staff, and conditioned below. 4. City sewer and water services are adequately available for the proposed development as referenced in the comments from the City Engineer and conditioned below. 5. The proposed development does not adversely affect the high bank bluffs or associated buffer areas as referenced in the geotechnical report prepared by 21 129 Consolidated Engineering, Rolla B Boughan, Geo-technical engineer dated August 14, 1998 and the addendums dated October 24, 2003 and March 1, 2004. 6. The proposed development will superimpose the Planned Unit Development onto the underlying zoning allowing exceptions to lot coverage and individual lot setback requirements. 7. The proposed development meets the criteria set forth in BMC Section 21.02.490 that allows for a Plarmed Unit Development on properties one acre or less. 8. The proposed development meets the general criteria set forth in BMC Section 21.02.480. 9. The Bremerton Shoreline Master Program allows medium-density residential uses in the Urban Commercial environmental designation. 10. The conditional use permit is for a reduction of the view corridor on shoreline mixed- use zoned property from 42.81 to 59.93 feet down to 41.4 to 51 feet. This reduction is compensated by providing improved public access to the high bank bluff area of the property. 11. The proposal meets the criteria for approving a conditional use permit set forth in the Bremerton Shoreline Master Program and WAC 173-27-160. 12. There is no substantial detriment to the public interest shown by approving the residential development; and the public interest is served by promoting residential development through land use clustering techniques. 13. 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 address in relation to this application. 14. The Notice of Application was published twice in The Sun newspaper on December 23 and December 30, 2003; and posted on the property December 30, 2004. Notice was mailed out to property owners with 300 feet of the site and state agencies. Comments were received from the Department of Ecology. 15. Notice of Hearing was published in The Sun newspaper and posted on the property on March 1, 2004. Notice was mailed out to property owners within 300 feet. 16. A Determination of Nonsignificance was issued March 1, 2004 utilizing the Optional DNS process set forth in WAC 197-11-355. 22 130 CONCLUSION FOR PLANNED UNIT DEVELOPMENT AND SUBDIhqSION If approved, subject to the following conditions, the prelimina~ Planned Unit Development and subdivision would comply with the City of Bremerton Comprehensive Plan and applicable Bremerton Municipal Code development regulations. 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 retums. 2. Approval of the Planned Unit Development is subject to the Department of Ecology's final approval of the conditional use permit. Any conditions set forth in the conditional use permit shall be deemed conditions for approving the Planned Unit Development. 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 21.02.510 prior to finalizing the Planned Unit Development. 4. Two off-street parking spaces per each dwelling unit shall be provided. 5. A geotechnical engineer is required to inspect the site when excavation for the footings occurs to determine if the footing designs are adequate. Evidence of the geotechnicat inspection shall be submitted to the Department of Community Development prior to finalizing building permits. 6. A dedication to the City of approximately 1,083.5 square feet of frontage along Campbell Way/ Lebo Boulevard is required as set forth in the revised site plan received January 26, 2004. A title report is required to accompany the final plat pursuant to RCW 58.17.165. 7. A 5-foot public access easement is required for the sidewalk along Campbell Way/ Lebo Boulevard. The City Engineer shall approve the language for the easement prior to finalizing the plat. 8. The pfivate street may be developed according to the City standards for a driveway. The street shall be installed or bonded for prior to finalizing the plat. 9. A public main extension for water services meeting City standards is required to be installed or bonded for prior to finalizing the plat. 10. The development must meet the City standards for storm water drainage. Storm water facilities shall be installed or bonded for prior to finalizing the plat. 23 131 11. 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). 12. 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. 13. The Director of Community Development shall approve the final Planned Unit Development prior to finalizing the plat. 14. The applicant will obtain addresses from Public Works, which will be indicated on the final plat. 15. A copy of the recorded Planned Unit Development and plat shall be provided to the Department of Community Development before building permits can be issued. CONCLUSION FOR CONDITIONAL USE PERMIT If approved, subject to the following conditions, the Conditional Use Permit for an exception to the view corridor requirements meets the criteria for approval set forth in the Bremerton Shoreline Master Program and WAC 173-27-160. 1. All construction shall be located such that the long-term stability of near shore habitat is protected and that a bulkhead or other shoreline protection is not necessary. The installation of a bulkhead or other shoreline protection shall be prohibited. 2. Removal of riparian vegetation on the high bank bluff shall be prohibited in order to protect the near shore habitat. 3. A minimum 12-foot wide access easement shall be provided granting the public access to a safe area on top of the high bank bluff The access must be available to the public fi-om at least 10:00 am to dusk (one-half hour after sunset) each day. Language for the access easement shall be approved by the City. 4. An improved public access meeting the standards set forth in Section 5-19 of the Shoreline Master program shall be provided. The improved public access shall provide a safe area on top of the high bank bluff where the public can visually access the shoreline environment and attractively landscaped. 5. A revised site plan showing the public easement and improved public access shall be provided and approved by the Community Development Director prior to submitting the Conditional Use Permit to the Department of Ecology. 24 132 6. The public access easements and permit conditions shall be recorded on the deed of title and/ or on the face of the Planned Unit Development and plat as a condition totaling at the same time with the authorized land use. 7. The final Plarmed Unit Development site plan shall show the public easement and location of the improved public access, which shall be installed or bonded for prior to finalizing the Planned Unit Development. END OF STAFF REPORT SIGNATLTRE OF STAFF PREPARING REPORT: Robert J. Grumbach, AICP Current Planner 25 133