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