Loading...
HomeMy WebLinkAbout05/21/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MAY 21, 1997 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. NONE 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 7. NEW BUSINESS A. Policy Approving Employer Contribution For Council Member PERS Service Credit 8. ORDINANCES A. Ordinance #4595 (Second Reading), Approving The Zoning Map Amendment "West Hills PUD" #AB97-106 t #AB97-105 5 PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution #2600, Surplus/Sale Of City Owned Property Around Reservoir #4; And Approving #AB97-107 17 AGENDA BII,L - BREMERTON CITY COUNCIL 1. SUBJECT: Policy approving employer contribution for council member PERS service credit. FOR AGENDA OF: May 21, 1997 ORIGINATING DEPT: Council ORIGINATOR: I. Sievers, City Attorne~~ DATE SUBMITTED~I 3/97 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: &~/t"~,d~ WAC 415-108-5~0 /~_ [~Re~ources Manager Treasurer C~IL ~;6MMIT~EES ENDORSEMENTJ~'rNFORM~TION [1 APPROVED BY COUNCIL PRESIDENT FOKSUBMITTAL: 4. SUMMARY STATEMENT AND RE@UIREMENT FOR COUNCIL ACTION: As elected officials, council members have the option of participating in the Public Employees Retirement System. Members may elect to join for their current term by paying past employee contributions plus interest with the City paying the employer's contributions. Council members may also elect to establish membership and service credit from the beginning of any previous term served. The employer's contribution for these previous terms may be paid by the City. To date the council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves City payment for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. 8. RECOMMENDATION: Motion: Approve City payment of employer's contribution and interest required for council members to establish PERS membership and service credit for all years in office, and direct a written policy be executed to that affect. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: ll. AGENDA BILL NO.: q7- / 06 2. CLEARANCE CQMMENTS: - ~ 5. IMPACT OF NON-PASSAGE: Council members could still qualify for additional years of service credit in PERS by paying the employer's contribution and interest. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: 1997 budget: Council member Colvin has established membership and if he elects to extend membership to 1986, the City's discretionary contribution would be approximately $5,000. No additional approriation is needed. 7. RESEARCH SOURCES: 415-g08-540 Title ,ils WAC: Retirement Systems, Department application for retirement, the department does not have all information necessary to make a final computation of the member's retirement allowance. Based'upon estimates of the retiree's compensation and earned service credit through the date of retirement, the department shall compute an interim retirement allowance made payable to the member in the interim between the member's date of retirement and the department's final computation of the member's retirement allowance. The interim retirement allowance is an initial, estimated computation of the retiree's retirement allowance subject to adjustment by the department based upon subse- quent review of information provided by the member's employer. (2) In computing the interim retirement allowance, the department shall, subject to later correction, consider only the amount of the member's salary actually reported by the employer up to the date of the interim computation, but shall impute the member's earned service credit for the same period. (3) Every employer of a member who applies for retirement shall provide the department with a final compen- sation report for that member. The report shall be completed on a form provided or approved by the department. (4) Following the department's computation of the interim benefit and receipt of the employer final compensa- tion report, leave cash out information for Plan I retirees, earnings history, and copies of the employment contract and employer compensation policies, the department shall complete a final computation of the member's retirement allowance. The department's final computation may either increase or decrease the amount of the interim retirement allowance computed pursuant to subsection (1) of this section. (5) Pursuant to RCW 41.50.130, following the depart- ment's final computation of the member's retirement allowance as provided in subsection (4) of this section, the department may subsequently adjust a member's retirement allowance to correct any error in retirement system records. For purposes of this subsection, errors in retirement system records include, but are not limited to, the following: (a) Applying an incorrect retirement allowance formula in computing the retirement allowance; (b) Including service that is not creditable to the mem- ber; (c) Including payments that do not constitute earnable compensation to a member in the member's retirement allowance computation, or excluding earnable compensation not reported by an employer; (d) Benefit overpayments and underpayments; (e) Including an individual in the membership of the retirement system who is not entitled to such membership. [Statutory Authority: RCW 41.50.050 and Bowles v. Retirement Systems. 121 Wn.2d 52 (1993). 94-11-009, § 415-108-540, filed 515194, effective 6/5/94.l WAC 415-108-550 Elected officials~Eligibility and application for retirement service membership. (1) For purposes of this section and WAC 415-108-570, and pursu- ant to RCW 41.40.023, 41.40.010 (25)(b), 41.40.010 (9)(a) and 41.40.035, "elected" officials means individuals elected to any state, local or political subdivision office or individu- als ap oint ' me. ~ (2) Purs.ua~nt to RC.W 41.40.023 (3)(a), elected officials are exempted from retirement system membership but may apply for membership during the official's current term of elected office. To..~a_pp.!y ?p~r/_m.-emb~rshii:/g the'official shall submit:a,written application directly to the department, i If the'dei~fi~i~ni hpproyes the-abplidhtidr~,'the elected official '~' is e'[!iitled Io ~..tab!i. sh membership 0.n.d~§d/-gici~-eff. xtit ~r~:tmac- live_ ito-the'3first day.of the official's current.term of elected Servicei[~.To..e~i'ablish SucI~ :. membership, the official shall pay.the.):eqtiired:employ-ee'fi°ntribuii0nS'~'or the official's Ctirrentterfn 6f elefted ser~iCelwith intereSt 'as determined the departmdnt.'i x (3) Upon establishing membership for the official's current term of elected office, the official is entitled to establish membership and service credit retroactive to the first day of any previous elected term or terms of office. To exercise this option, the official shall apply to the department pursuant to subsection (2) of this section. If the department approves the application, the official shall: (a) Pay the required employee contributions for such previous term or terms of elected service with interest as determined by the department; and (b) Pay the required employer contributions for such previous term or terms of elected service with interest as determined by the department. Th'eeinpio'yer may, at its discretion, pay the required e~pl0~,~dr_cOntributions plus, interest in lieu of the employee making payment of this amount..~ ~ (4) If an official is employed in an eligible position at the time of election to office and will hold multiple positions concurrently, the official may: (a) Apply to the department to participate in member- ship pursuant to the official's elected position as provided in subsection (3) of this section; or (b) Choose not to participate pursuant to the official's elected position while continuing membership through the nonelected position. (5) Except as provided under RCW 41.40.023 (3)(b), once an elected official has exercised the option of becoming a member of the retirement system the official shall be a member until the official separates from all eligible public employment pursuant to RCW 41.40.150. An official does not separate from public employment when that official's term of office ends and the official commences another term of office in the same or a different position for the same employer without a break in service. An official does not separate from service if the official resigns from the offi- cial's elected position and is later reappointed to the same position during the same term. (6) This section codifies the department's long-standing administrative practice in relation to elected officials. The department will apply this section to service by elected officials which occurred prior to the effective date of this section, [Statutory Authority: RCW 41.50.050. 94-12-014, § 415-108-550, fi~cd 5/23/94. effective 6/23194.] WAC 415-108-560 Appointed officials--Eligibility and application for retirement service membership. (1) Public Employees' Retirement System 415-108-560 For purposes of this section and WAC 415-108-570, and pursuant to RCW 41.40.023, 41.40.010 (25)(b), 41.40.010 (9)(at and 41.40.035, "appointed" officials means only those individuals appointed directly by the governor to any posi- tion, including but not limited to agency directorships and memberships on a state committee, board or commission. (2) An individual must be a gubernatorial appointee or be appointed to serve in a position that meets the require- ments of RCW 41.40.010 (25)(a) in order to be eligible for membership and service credit. (3) Pursuant to RCW 41.40.023 (3)(at, appointed officials are exempted from retirement system membership but may apply for membership during the official's current appointed term of office. To apply for membership, the official shall submit a written application directly to the department. If the department approves the application the official is entitled to establish membership and service credit retroactive to the first day of the official's current term of appointed service. To establish such membership, the official shall pay the required employee contributions for the official's current term of appointed service with interest as determined by the department. (4) Upon establishing membership for the official's current term of appointed service, the official is entitled to establish membership retroactive to the first day of any previous elected term or terms of office. To exercise this option, the official shall apply to the department pursuant to subsection (3) of this section. If the department approves the application the official shall: (at Pay the required employee contributions for such previous term or terms of elected service with interest as determined by the department; and (bt Pay the required employer contributions for such previous term or terms of elected service with interest as determined by the department. The employer may, at its discretion, pay the required employer contributions plus interest in lieu of the employee making payment of this amount. (ct "Current term of appointed service" includes an appointed official's entire current term of service. If the official has not been appointed to a position with a set term of office, "current term of appointed service" includes all uninterrupted service in the official's current appoimcd position. (5) Il' an appointed official is employed in an eligible position at the time of appointment to office and will hold the two positions concurrently the official may: (at Apply to the department to participate in member- ship pursuant to the appointed position as provided in subsection (3) of this section; or (bt Choose not to participate pursuant to the official's appointed position while continuing membership through the nonappointive position. (6) Once an appointed official has exercised the option of becoming a member of the retirement system either at the start of the official's initial term or at a successive term. the official shall be a member until the official separates from all eligible public employment pursuant to RCW 41.40.150. An appointed official does not separate from public employ- merit when that official's term of office ends and the official commences another term of office in the same or a different position for the same employer without a break in service. fid ) An appointed official does not separate from service if the official resigns from the appointed position and is later reappointed to the position during the same term. (7) This section codifies the department's long-standing administrative practice in relation to appointed officials. The department will apply this section to service by appointed officials which occurred prior to the effective date of this section. [Statutory Authority: RCW 41.50.050. 94-12-014. § 415-108-560. filed 5/23/94, effective 6/'23/94.] WAC 415-108-570 Elected and appointed officials--- Requirements for service credit. (1)(at Plan I elected officials and appointed officials may receive one month of service credit for each month during which they earn com- pensation pursuant to their elected or appointed positions. (bt Plan I members who were appointed by the governor prior to July 1, 1976, to serve as members of any committee, board or commission may receive one month of service credit for each month during which they earn compensation pursuant to their appointed positions. (ct Plan I members who were appointed or reappointed by the governor on or after July 1, 1976, to serve as mem- bers of any committee, board or commission may receive one month of service credit for each month during which they are compensated for at least seventy total hours ~1' work. (d) Plan I members who serve in governor-appointed positions as members of any committee, board or commis- sion on or after September 1, 1991, may receive one-qu;mer month of service credit for each month during which they are compensated for less than seventy total hours of work. (2)(at Plan II members who were elected to office by state-wide election may receive one month of service credit for each month (luring which they earn compensation pursu- ant to their elected positions. (bt Except for Plan li elected officials covered under of this subsection, Plan I1 members who were elected office or appointed by the governor to positions prior September I, 1991, may receive service credit only months during which they are compensated: (it In excess of ninely times the state hourly minimum wage in effect at the time they render the service; and (ii) For ninety or more total hours of work. (ct On or after September 1, 1991, excepl fi)r Plan elected officials covered under (at of this subsccti~m. Plan members who were elected to office or app()inlcd by thc governor to positions may earn: (it One month of service credit for each re<ruth during which they are compensated: (At For ninety or more total hours of work; and (Bt In excess of ninety times the state hourly minimum wage in effect at the time they render Ihe service; or (ii) One-half month of service credit for cinch month during which they are compensated: (A) Flor less th:m ninety hours but equal to or more than seventy total hours of work: and (Bt In excess of ninety times the state hourly minimum wage in effect at the time they rentier the service: ITille 415 WAC--page 611 AGENDA BILL BREMERTON CITY COUNCIL 2. CLEARANCES: Dir. Comm. Dev. City Attorney City Treasurer Fiscal/Budget Comm. SUBJECT: Budget Adjustment and Contract Amendment for State PERF Grant to PREPARE DESIGN GUIDELINES for CHARLESTON COMMUNITY PLAN (Comment on back if necessary) FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: May ,1997 Dept. of Comm. Dev. Ron Hough, Planning Mgr. May 22, 1997 3. EXHIBITS: 1 - Budget Adjustment Request 2 - PERF Contract Amendment ENDORSEMENT ~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has a PERF Grant from the State Department of Community, Trade and Economic Development (CTED) to produce the Charleston Community Plan. The draft Plan recommends that Design Guidelines be developed for the business district. CTED is now offering the City an additional $10,000 to prepare draft Design Guidelines. The work products must be completed by June 30, 1997. The consulting firms of Kato and Warren, with Hewitt Isley, are already under contract to produce the Environmental Impact Statement, a brochure, and a videotape for the Charleston Plan. These firms have agreed to sign a contract amendment committing them to develop the required work products within the contract deadline. To accept this grant extension, the City Council needs to approve an amendment to the City's PERF Grant contract. RECOMMENDATION: Model Motion: [I move that] the City Council approve Budget Adjustment Request No. ~'/~ and authorize the Mayor to sign the second contract amendment to the City's PERF Grant contract as submitted. The Mayor is also authorized to sign the necessary contract amendment with the consulting firm that will do the work. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: '10. NOTICE OF ACTION PULLED TABLED APPROVED COUNCIL DIRECTIVE: DISAPPROVED AMENDED~ DAT __ 11. AGENDA BILL NO.: BREMERTON CITY COUNCIL A~.:NDA BILL PERF Grant Contract Amendment Page 2 of 2 ~.. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: Charleston District Design Guidelines will not be prepared by June 30, 1997, and this opportunity will be missed. The City will need to identify other funds at a later date in order to develop these guidelines. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: There would be a minimal impact on staff resources, as the consultants will perform all of the work. Some staff time will be needed for coordination and oversight. RESEARCH SOURCES: Washington State Department of Community, Trade and Economic Development Contract Number 96- 160-098. B. Bremerton Planning Commission Recommendation to adopt the Charleston Community Plan, May 20, 1997. Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Community Develo~nent URCE OF FUNDS: 001.16-334. 0422 WA CTED PERF GRANT $10,000 USE OF FUNDS' 001.16-558.2016 54110 PROFESSIONAL SERVICES $10,000 NARRATIVE: The funds are proposed to be used by the consultant currently under contrac~-t~---~' Charleston Neighborhood Plan Project. Department Head Signature Treasurer Comments: Date / Director Signature Date [~"~ecommended Mayor Comments: [----] Not Recommended Treasurer s S~gn-'-~'- Date [---] Recommended ~ Approved Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date ~ Recommended [---] Approved [---] Not Recommended ~ Denied Fiscal & Budget Committee Signature Date INTERGOVERNMENTAL AGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT CONTRACT NUMBER: 96-160-098 Second Contract Amendment The purpose of this amendment to contract #96-160-098 is to provide an additional $10,000.00 to the City of Bremerton to develop Design Guidelines for the Charleston District zone in the Charleston Community subarea. Expanding the scope to include this task will greatly enhance the utility of the final product and benefit subsequent development proposals. This amendment is consistent with the original proposal. Scope of Work Attachment A; Scope of Work; City of Bremerton; Charleston Community Plan shall be amended to include: By Milestone #5: #19. Design Guidelines The City will prepare draft Design Guidelines for the new Charleston District. These will set standards for new development (both private and public) to help achieve projects of consistent quality. The City will establish a task force consisting of Charleston District merchants and property owners to work with the City on the project. A project goal will be to help the business people take the first step toward organizing an ongoing business association. SEPA compliance will be provided for the design guideline document either as an addendum or a supplement to the Charleston Community Plan EIS. Either the completed addendum or'the draft supplemental EIS will be provided. A final supplemental EIS (if required), adoption of the design guidelines and inclusion into the City's development regulations will occur after the termination of this agreement with non-PERF funds. Work Product: Draft design guidelines and completed addendum or draft supplemental EIS Payment Schedule This amendment also revises the payment schedule to add an additional $10,000.00 payment upon satisfaction of the provisions of this contract amendment, no later than June 30, 1997. The City will deliver to the Department a signed invoice voucher (Form A-19) ~vithn 10 days of the date this amendment is signed by the City. THIS AMENDMENT, CONSISTING OF TWO PAGES ONLY, SHALL BE ATTACHED TO AND INCORPORATED INTO THE ORIGINAL CONTRACT. ANY REFERENCE IN THAT CONTRACT TO THE "CONTRACT" SHALL MEAN "CONTRACT AS AMENDED". EACH AND EVERY PROVISION OF THE ORIGINAL CONTRACT AND ANY PRIOR AMENDMENTS SHALL REMA1N IN FULL FORCE AND EFFECT EXCEPT AS AMENDED HEREIN. THE PARTIES HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Steve Wells Assistant Director Growth Management Services Lynn Horton Mayor City of Bremerton Date Date Approved as to form: Tommy Prud'homme Assistant Attorney General - AGENDA BILL BREMERTON CITY COUNCIL o'-. .Zl- 77 1. SUBJECT: -Ru~li~ H~a=-i~9 RES~__~ORD:~ FOR AGENDA OF: May 14, 1997 Approving ~e~-i~-f~, Zoning Map Amend., ORIGINATING:Dept. Com~.Dev. =,~I - ~'"" ORIGINATOR: Matt Mathes APPLICANT : Pope Resources DATE SU~4ITTED: 5/7/97 SITE: 270 acres, West of Union Ave. adjacent to Pendergast Park 2. CI.V. ARANCES :~ (Con~nent on back j~/~r~essa~)}.~IBITS:"A"-~~..,~, Ord. No ~5~SREZ o-7io . Dev. :Donald L.~/tY~ ~~i'~ "B"- Res.No PUD City Attorney: Ian Sieve~~~.~ . "C"- Staff Rpt. "D"- Pi.Corem.Min. ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUb,WARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The West Hills Preliminary PUD, Zoning Map Amendment, and Preliminary plat actions are the latest in a series of coordinated actions over a six year period to prepare the 270 acre site for development. The proposal for City Council approval includes : 270 acre Planned Unit Development Preliminary Plan approval, Zoning Map Amendment (31 additional acres of Industrial Park zone) and Preliminary Plat approval of 61 acres. PUD Conditions #13 & #15 have been modified since the Planning Commission meeting, to incorporate traffic and transit impact mitigation. Tonight's meeting is the one and only public hearing for both the zoning approval and the PUD approval, as two motions. 5. RECOMMENDATION:~uggast~d v ~-n ~' - ........ ~ ~- Ordinance No , approving the Zoning Map Amenc~ent for West Hills, subject to the conditions contained therein. Suggeste~ u~e~on ~? , I mcva to adept and apprevo thc Rcsc/uCicn 6. RESPONSIBLE OFFICIAL: Donald L.Pratt ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A 7. NOTICE OF ACTION PULLED TABLED APPROVED COUNCIL DIRECTIVE: DISAPPROVED AMENDED DATE: lOS S 8A 9. CT.V..ARANCE C~NTS: 10. IMPACT OF NON-PASSAGE: Applicant : Development of the site will be denied. Re-application would be required after one year. City : Future development of Industrial park type buildings will not occur on that site according to proposed plan. Land Use Plan will remain inconsistent with Zoning map for a portion of the 270 acre site. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Additional staff time will be required to process and review Final PUD Approvals, Right of Way Improvements within the PUD, Offsite Improvements(water, sewer, roads) and Zoning Map Amendment. Planned development of the first portion of the PUD 61 acres is expected to occur in Mid 1997, for fall, 1997 construction. BESF~A~CH SOURCES: DCD File : LP 97-0002/ SEP 97-0006 / PUD 97-0003 / RZA 97-0001 ~MC Chapter 21.02, 21.12, 21.22 ORDINANCE NO. z/57_ ORDINANCE APPROVING THE ZONING MAP AMENDMENT "West Hills PUD", located within the area generally bounded by: Pendergast Park on the north Third Avenue on the east, and unincorporated Kitsap County on the south. WHEREAS, POPE RESOURCES, proponent for the proposed West Hills Planned Unit Development and Zoning Map Amendment, comprising approximately 270 acres and located within the West Hills area within the City of Bremerton, has made application for approval of a Preliminary Planned Unit Development and WHEREAS, an environmental checklist has been prepared and considered by the responsible official and a mitigated determination of environmental nonsignificance issued, and WHEREAS, the Planning Commission held a public meeting concerning this matter on April 15, 1997; and WHEREAS, the Comprehensive Land Use Plan currently provides 60 acres of Industrial land use category and the balance of the 270 acre PUD site in Low Density Residential (LDR) and Moderate Density Residential (MDR) land use categories, and WHEREAS, the current Zoning Plan currently allows 10% of the PUD site or 30 acres in Industrial Park (IP) zone and the balance of the 270 acre PUD site in a mix of residential zones (70% in SF-2, 20% in MF), and WHEREAS, the Planning Commission recommended to the Council that the Zoning Map Amendment for "West Hills PUD" be accepted; and WHEREAS, the Bremerton City Council held a public hearing on May 14, 1997, concerning the Zoning Map Amendment, has considered the Planning Commission recommendation, all oral and written testimony, and comments from the public, other agencies and City Departments, including the Findings of West Hills Zoning Map Amendment; now, therefore BE IT Ordained BY THE BREMERTON CITY COUNCIL That the Zoning Map Amendment "West Hills" presented for approval is hereby accepted subject to the following conditions: Delete 31 acres of Residential (SF-3) zone, add 31 acres of Industrial Park (IP) zone for the southeast portion of the property described below and shown on the adopted City of Bremerton Zoning Map, and Approve the Zoning Map Amendment for West Hills PUD solely for the purpose of Planned Unit Development for West Hills, a 270 acre planned property, described as follows: Property in the City limits of Bremerton included in the West Hills Planned Unit Development is described as follows: LEGAL DESCRIPTION: Sections 21, 28,29 Township 24 North Range 1 East, WM as recorded in the following tax lots: 212401-3-004-2002; 212401-3-003-2003; 292401-1-018-2002; 282401-1-077- 2001; 202401-2-005-1006, measuring approximately 270 acres PASSED by the City Council this day of May, 1997. APPROVED this day of May, 1997. DAVID FARR President, City Council ATTEST: LYNN HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk H ~I 3~L ~'q=l 0 ~q:I 03 ~[Ii~kq / / // / / dl xaldtUo3 s~JodS ~s'eg.~apuad Sd dl dl CI ~£ ~-q:108'80D.~Nn 966I 'gl aun£ ~uo!s~aJ FINDINGS FOR WEST HILLS ZONING MAP AM-ENDMENT Procedure: A Zone Map Amendmem (Rezone) of property fi.om one zoning category to another may be approved by the City Council, following a public hearing before City Council. The proposal is to be based on staff recommendations at a public meeting and review held by the Planning Commission. One public neighborhood meeting to gather information and ensure adequate opportunity for public comment, since the site is a PUD. The procedure is outlined under BMC 21.02.920 21.02.880, 21.02.905 and 21.02.090. Comprehensive Plan Designation: 240 acres Low Density Residential (LDR) with 30 acres Industrial Current Zoning: The subject property is currently zoned Planned Unit Development (70% SF-2, 20% MF, 10% lP). The zoning mix equals 187 acres SF-2, 53 acres MF and 30 acres Requested Zoning: Planned Unit Development (PUD) (58% SF-2, 20% MF, 22% IP). The Zomg Map Amendment converts SF-2 zoned lands to IP zoned lands for 31 acres of the 270 acre site. The proposal will enable a zomg mix of 157 acres SF-2, 53 acres MF and 61 acres IP for the 270 acre site. Staff Review: The Planning Division has discussed the proposal and specific information needs prior to submittal of the rezone application package at a Pre Application Conference. There are no staff comments. Tax Assessor's Account Numbers:21401-3-004-2002, 212401-3-003-2003, 292401-1-018. 2002, 282401-1-077-2001, 202401-2-005-1006. Covenants, easements, or other restrictions: There are access easements that apply to the subject property, on file as recorded easements for overhead electrical powerlines, ingress and egress recorded as AF # 9112120133, 364210, 8708170036 Basis for Request: The site area subject to this application will be used for a new industrial park. Given the existing adjacent property ( WA. Guard Armory ), there would be compatible zoning adjacent to allow the rezone of an additional 31 acres of Industrial Park. The topography is suited for the type of zoning and development proposed. The current Comprehensive Plan designation includes 30 acres of Industrial and the zoning proposed to be applied to the subject property, is fully consistent with the Comprehensive Plan. The applicant owns 100% of the site. Notification: Owners of all property within a radius of 700 feet of the subject rezone were noticed. Additionally, advertisements and property posting was provided. Criteria for approval: fO A Zoning Map Amendment request can be approved by the Bremerton City Council only if all of the following criteria can be met. The rezone request is consistent .with each of the following criteria: 1. The rezone is substantially consistent with the Comprehensive Plan: The proposed Industrial Park designation is the zoning equivalent of the existing Comprehensive Plan Industrial designation, confirmed by BMC 21.02.090. No other City zoning designation is more consistent with the Comprehensive Plan designation. 2. The rezone is necessary because of one of the following reasons: ct. Conditions m the immediate vicinity have so markedly changed that a rezone is required in the public interest; The abandonment of the use of a portion of the 270 acre site for public water supply and open ak storage, due compliance with Clean Water Act in the early 1990's enabled a major difference in use for this site and the immediate vicinity. The property has been placed in private ownership and over the past six years been managed toward a more urbanized use. Because the site was no longer needed for water supply activities, the site now requires a proper zone category consistent with the underlying land use in the adopted comprehensive plan. b. The rezone will correct a zone classification or zone boundary that was inappropriate when established; or The initial zone classification of a mix of uses in a PUD was appropriate when the City adopted zoning in this area. However, the topographic layout of uses for access, stormwater and utilities enables the application of the proposed zoning to better fit the existing features of the 270 acre site under a single ownership, thus, the rezone will correct the intention of the most recent zoning to allow a zoning mix which fits the site. The applicant has conducted extensive geotechnical, wetland, topographic and wildlife evaluations to enable more accurate application of the intended zoning mix (SF-2, MF and IP), by balancing two categories (SF-3 and IP) within the site boundaries, primarily on the basis of topography. There is a natural divide caused by Wright Creek, along with associated wetland, stream setbacks and buffers, which naturally allows 61 acres of Industrial Park east of Wright Creek while allowing separation from residential zones west of Wright Creek centerline. c. The rezone is to place or remove an overlay zoning designation on the Zoning Map without affecting the utwlerlying zoning; This element is not applicable to of the proposed zoning request. The rezone bears a substcmtial relation to the public interest or welfare because there is a public need for a change of the kind in question; and that public need will be best served by changing the zoning classification of the subject property; The proposed zoning will enhance public transit services and new commuter retail services to the commuting public, through a concentration of jobs, residential and transit pick up locations. The existing West Hills development pattern east of the 270 acre site lacks adequate fit to topography, due to small parcel subdivision pattern, irregular lot shape and road layout. The existing road pattern creates by its current configuration auto, transit, bicycle, and pedestrian safety problems and circulation conflicts. The proposed access configuration under the zoning map amendment will avoid any similar public safety and circulation conflict problems on the 270 acre site. The proposed zoning creates a compact concentration of employment. The zoning maximizes the natural site capacity for industrial use and minimizes potential urban sprawl outside the Urban Growth area designated under the state Growth Management Act. The proposed zoning request would allow the creation of 24 industrial lots. Previously prepared environmental assessments for the West Hills PUD indicate th_at the construction of two centralized stormwater treatment facilities along natural grade breaks will improve runoff control and allow uniform compliance with stormwater quality standards more effectively than a parcel by parcel subdivision. Further environmental benefits associated with the zoning request project include the separation of auto and transit traffic from pedestrian traffic which will create a safer and more convenient use of transit route services through the site access road, as a loop. The impacts to the environment associated with the construction of the entire PUD Master Plan improvements will be analyzed by the City in association with the Final Plan PUD review. The proposed PUD will enhance local and state tax revenues due to the increased property valuation of the privately owned property, while simultaneously providing substantial open space dedications (15% under a PUD) not otherwise dedicated by private development subdivision actions. 5. Essential public facilities and services are presently available and adequate, or can be reasonably be made available; The area proposed for zoning will use City of Bremerton police and fire services which are present within the city limits. Sewer, water, and electricity would be used for the industrial sites. All other utility services are present at the site. Kitsap Transit serves the site currently. Description of Attachments On May 14, 1997, the City Council directed City of Bremerton Department of Community Development (DCD) staff to provide three (3) maps to reflect discussion from May 14, 1997 meeting. The maps are: Attachment A - Current Comprehensive Plan Land Use - Adopted September, 1996 to increase IP land use to 60 acres, from LDR land use Attachment B - Current Zoning Plan - Effective June 13, 1996 to identify percentages of SF-2, MF and IP zones within the PUD Attachment C - Proposed Zoning Map Amendment - Effective July 1, 1'997, if approved, to identify percentages of remaining SF-2, MF zones within the PUD and to identify the geographic position of a 61 acre IP zone within the PUD The above listed maps replace the map included as page 61 of May 14, 1997 packet materials. Description of Proposed Zoning Map Amendment - Attachment "C" The City Council directed DCD staff to clarify and define the proposed Zoning Map Amendment (Attachment - C), highlighting the exact changes between the adopted Zoning Map and the Proposed Zoning Map. The Zoning Map Amendment includes only Map H, Zoning, for West Hills subarea of Bremerton, WA. The only modifications under the City Council action are described as follows for portions of Map H pertaining only to the- site measuring 263 acres (commonly referenced in staff report as 270 acre site) designated and labeled "Planned Unit Development" further described with three zones mapped as percentages of the total site acreage, labeled on the map as" SF-2 --70%, MF--20%, IP--10%", with a 30 acre size portion of rectangular shape designated and labeled on the map with the zone" IP ", with an effective date labeled "June 13, 1996 ". The above described elements shall be modified and amended as follows: 1. ) The designation label" Planned Unit Development" will be revised to be labeled to read "SF-2--75%, MF--25%, which is based on remaining 203 acres, excluding the 61 acre component of the entire PUD" , which replaces the above written description for the PUD label portion of Map H. 2. ) The rectangular shape IP zone drawn at 30 acres in size shall be redrawn to include an irregular shaped area defined along the western limit by the centerline of Wright Creek, an existing stream, further described as 61 acres, with a precise zone boundary as drawn and dimensioned on the drawing on file with City of Bremerton entitled" West Hills Phase 1 Preliminary Plat / PUD ", prepared by ESM, Inc. dated 4/14/97. The label on the Zoning Map H for the 61 acre area shall read" IP, 61 acres" 3. ) The effective date of the Zoning Map H is revised to show the date" July 1, 1997 ", based on a scheduled second reading and final approval by City Council on or about May 21, 1997. E tE / / E FM IP ' FM Ii pl~ sF-2 -- 75 %' PS Sport~ IP 61 acres IP · Based on remaining 203 acres, excluding the 61 acre Industrial Park component of the entire PUD b ~r'E~CO R.I~O RATE D Attachment C - Proposed Zoning Map Amendment for West Hills PUD AGENDA BILL BREMERTON CITY COUNCIL PUBLIC HEARING 1. SUBJECT: SURPLUS/SALE OF CITY OWNED PROPERTY AROUND RESERVOIR NO. 4, RESOLUTION N0.~d 2. CLEARANCES: (Comment on back ^ ., if necessary) Di~t/~o~lic--Works & Utilities Co~~~t Committee ~ Operations Committee ENDORSEM~.NW ~5~]5 I~O~IO~ [ ] FOR AGENDA OF: ~---~/- ~? ORIGINATING DEPT: Public Works & Utilities ORIGINATOR: R. Witt, City Eng.~~ DATE SUBMITTED: April 14, 1997 3. EXHIBITS~ 1. Location Map 2. Legal Descriptions of Affected Properties 3. Proposed Resolution APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMI~RY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: A local developer has contacted the City and requested that a parcel of property ("City Property" on Exhibit 1) be sold to him to allow access for his proposed construction. The affected property has been determined to be surplus to the City's needs. As payment for the property, he proposes to trade a triangular shaped parcel ("Haselwood Property" on Exhibit 1) to the City. The (continued on Page 2) 5. RECOMMENDATION: The City Council approve resolution RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] COUNCIL DIRECTIVE: APPROVED [] (OVER) DISAPPROVED [] AMENDED [] A ENDA BILL NO.: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation estimated value of the City Property is $11,466 based on adjacent assessed property values. The assessed value of the Hasetwood Property is $41,850. The triangular parcel has been determined to be a location for construction of the corrosion control facility or access road which is currently in predesign. City Council is asked to approve surplus of the identified City property and a negotiated sale with Haselwood based on BMC 2.78.030(e) (2) in that "When a potential purchaser offers property in exchange for City property which may enhance other City property or promote the needs of the City, Council may declare the subject property surplus and direct a negotiated sale subject to final approval by Council." 5. IMPACT ON NON-PASSAGE: The property will not be surplussed, and the land trade will not be executed. The Corrosion Control Facility will be constructed on existing city property. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT AND OTHER RESQURCE$: Staffing; No Impact. Budget: No Impact. Facilities/Equipment: No Impact. 7. RESEARCH SOURCES: RESOLUTION NO. ~OC] A RESOLUTION declaring a portion of the Reservoir 4 site surplus to City needs and approving a negotiated exchange for property better suited to the Utility's needs. WHEREAS, the City has received a proposal to exchange a portion of the Reservoir 4 site to the southeast of the reservoir as partial consideration for City purchase of a larger site adjacent to the southwest comer of the Reservoir 4 site; and WHEREAS, the proposed action to surplus the subject property and sale to Mr. Haselwood for residential access to his property has been published, posted and mailed pursuant to BMC 2.78.020; now, therefore, BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT 1. The portion of the Reservoir 4 site depicted in Exhibit "1" and more fully described in Exhibit "2" ("City Property"), both attached hereto and incorporated herein by reference, is hereby declared surplus to the City's present and future needs, subject to retemion of an easement for public utilities lying 15 feet on each side of the centefline of a 24 inch water main as now exists. 2. The above mentioned property may be sold as part of a negotiated exchange for that real prope~ located on 3rd St. adjacent to The Reservoir 4 site ("Haselwood Property") as depicted in Exhibit "1" and "2". The City Council finds the property may be disposed of through a negotiated sale under BMC 2.78.030 in that the City is in the process of predesigning a corrosion control facility for the water utility and the Haselwood Property is a preferred location for this facility or its access road. 3. The Mayor is authorized to execute a purchase and sale agreemem for the two parcels at fair market values determined under 2.78.030(a). PASSED by the City Council of the City of Bremerton this ~ day of ., 19__ DAVID D. FARR Council Presidem SURPLUS.Res - Resolution - 4/9/97 CITY PROPERTY RESERVOIR HASELWOOD PROPERTY CITY PROPERTY SCALE: 1" = 100' LOCATION MAP EXHIBIT 1 DESCRiPTION OF HASEI 'OOD'S TRIANGULAR PARCEL Al'"" SLOPE EASEMENT TO BE 'I'R:S~DED TO THE CITY ~' Rev. February, ZS, 1997 That portion of Govt. Lot 1. Section 28. T24N, RIE, WM described as follows: Beginning at the Section corner common to Sections 21, 22, 27 and 28 of said Township and Range: thence SI°40'4T'W 30 it; thence Ngg°32'06'Wi/ 955.04 it to the TPOB; thence continuing Ngg°32'06"W 336.40 it; thence Sl l°58'04"W 186.10 it; Thence S00°Z?.'56"W 131.99 gt; thence running northeasterly 484.24 ft to the TPOB. ALSO: The west 363.05 ft of the noah 30 fl of Govt. Lot 1. Section :211, 'r24N, RI E, WM, subject to existing easements of' record. Together there with, a 20' wide slope easement adjacent to the north line of the above described property, and more particularly described as: The xvest 363.05 fl. of the south 20 ft. of the following described property,; Blocks 19, 20, and 29 being a portion of that certain easement for constructing and maintaining a retention slope recorded under AF/~;9303050194; Together with associated vacated streets as per Commissioners Journal 10-55 within the atbrememioncd west 303 05 ft. of the retention slope easement, all in Plat ofOle Hanson's Navv Yard ,\ddition, as recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washin_uton I')F..c, CRIIrI'ION FOIl PARCEL NF'AR RES. #4 November I', 1996 - Gerry Thornburgh That portion of I,ols 19, 20, 21, and vacated Lansing Ave. and Jones St. in Block II, of(He Hanson's Navy Yard Addition as recorded in Vol. 4 Pg. 56 of Plats, Kitsap County Washington described as follows: Beginning at tl~e SE corner of Lot 21, Block 11 of said Plat; thence west parallel to the south line of said Plat a distance of 140 It to thc west margin of vacated Lansing Ave; thence north along said west margin a distance'of 135 It; thence east parallel to the south line of said Plat a distance of' 40 fl; tlmnce north parallel to the west line of said Block il a distance of' 20 ft; thence east parallel to the south line of' said Plat a distance of 50 ft; thence north parallel to the west line of said Block I I, a distance of' 50 It; thence east parallel to the south line of said Plat a distance o£ 50 fl; thence south to the point ofbeginning. THE CITY MUST RETAIN AN EASEMENT FOR UTILITIES AS FOLLOWS: An easement' for Public Utilities lying 15 feet on each side of the centerline of a 24 inch water main as now exists. EXHIBIT 2