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06/11/97 AGENDA
BREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JUNE 11, 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. A. Minutes - May 28, 1997 #AB97-123 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Appointment of Helen D. Davis, Debra L. Jackson and Roy L. McInnis to the Community Development Block Grant Advisory Committee B. Extension of Legal Services Agreements for Civil Litigation C. Legal Services Agreement for Prosecution with Kitsap County #AB97-124 /4 #AB97-125 /~ PUBLIC HEARING - 6:00 P.M. OR LATER A. To Consider and Adopt the Charleston Community Plan and Related Amendments to the Zoning Code and Zoning Map; And Ordinance (First Reading) Resolution #2602, Approving (With Conditions) #AB97-128 a Special Use Permit and Site Plan For a Landscape/Garden Materials Center as an Unlisted Use on a 19 Acre Site Located in the Wheaton Way and Riddell Road Area; Applicant: Pacific Topsoils, Inc. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT': MINUTES - MAY 28, 1997 FOR AGENDA OF: JUNE 11, 1997 ORIGINATING DEPT: City Council ORIGINATOR: Dav~H v=~ Pre~idant DATE SUBMITTED: 5-30-97 2, ~_~: (com~nent on back if necessary) ENDORSEMENT INFORMATION MAYOR APPROVED BY COUNCIL ~~UBMITTkL: COUNCIL PRESIDENT 4. $I/M/4~ARY STATEMENT AND REOUIREMENT FOR COUNCIL At-lION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE' PULLED TABLED COUNCIL DIRECTIVE: 10. NOTIC~ QF ACTION APPROVED DISAPPROVED .DATE: ENDED 2. CLEARANCE COMMENTS: ~..'~.WMPACTON NON-PASSAGE: .STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: TAPE #1466 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 28t 1997 #0042 #0064 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 28, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, And A1 Colvin. Council members Sherril Huff-Menees and Cecil McConnell were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Randal Wilkinson of St. Paul's Episcopal Church. President Fart announced the City Council will hold a Study Session on Monday, June 2, 1997, 5:30 - 7:30 P.M., in the Council Conference Room. Topics of discussion: Sinclair Landing Association Update; Charleston Neighborhood Plan; Economic Development Council Campaign Office. CONSENT AGENDA A. Minutes of Meeting -- May 14, 1997 #AB97-109 Single Source Purchase of a Fairway Mower and #AB97-110 Triplex Greens Mower for Gold Mountain Golf Course M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on May 28, ~1997, the Council does approve for payment those vouchers included and further described as follows:209205 through 209293 in the amount of $305,329.28; and Retirees Payroll for the period ending May 31, 1997, in the amount of $95,772.22. COUNCIL MEMBER REPORTS Mr. Winters reported he and his son enjoyed the cruise on the USS Nimitz on May 24. Captain Richardson and the Nimitz crew did their best to provide a very enjoyable day and show the magnitude of the Nimitz and what it represents. He extended a special "thank you" to the members of the AD Hoc Telecommunications Advisory committee J TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 2 of 11 (Dr. John Richardson, Councilman Carlos Montgomery, Derek Lyons, David Greenlow, Floyd Bright, Klaus Golombek, Gerard Fitzpatrick, John Stockwell and Donna Burke), for sharing their expertise on that committee . Over 40 hours of volunteer effort were put in to the development of a proposed Telecommunications Ordinance that the Committee feels is best for the City. The Committee was somewhat disappointed that the City Attorney was not available to provide the legal review requested in order to meet the Committee's May 28th deadline. He and Councilman Montgomery will be meeting with Mayor Horton to discuss the Committee developed ordinance. Mr. Montgomery reported he had the opportunity to attend three different Memorial Day services on May 26, i.e. Retsil, Forest Lawn Cemetery and Ivy Green Cemetery. He complimented the Parks Department for the beautiful condition of the grounds at Ivy Green Cemetery. He announced Olympic College has named a new President, who will take over the leadership of the College on August 4, 1997. Mr. Law congratulated Council's Legislative Assistant Merilynn Erhart and her husband on their 37th Wedding Anniversary. Mr. Colvin reported recently he was "surfing" the Internet and came across information about Keri McCallum, who was raised in Port Orchard and is a bulldog freshman in the Southeast Conference and qualified for the All South Region Conference with a batting average of 427. He extended congratulations to Ms. McCallum and her family, who he has known for many years. He thanked the citizens for sharing opinions, concerns and complaints with him as he appreciates receiving all kinds of input from his constituents. Mr. Fart stated it was good to be back in Bremerton after visiting North Dakota for two weeks. He also extended his thanks to the Captain and crew of the USS Nimitz for their hospitality on the May 24 cruise. During his time in North Dakota, he had the opportunity to visit Grand Forks where he viewed firsthand the devastation brought about by the flooding of the Red River. That community is about the same size as Bremerton and as he traveled down residential streets their planting strips were heaped with 6-8 foot high piles of debris that had to be removed from their homes due to flood damage. That city also had undertaken renovation of their downtown area including restoration of historical buildings, which was totally destroyed by the flood waters. In reading their local newspapers, he learned that the Grand Forks City Council will be responsible for making the final decisions where the rebuilding can occur and will involve interfacing the new plans for the diversion of the Red River and the dike and levy systems. A large portion of that community's residents and businesses lives are on hold pending decisions by the City Council, who are waiting for information from TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 3 of 11 other governmental agencies. In his travels, he met a Community Development Director from East Grand Forks, Minnesota, who was volunteering to help the Grand Forks community rebuild in their planning, and in her capacity held the offices of Planning Director, Building official, Building Inspector and clerical staff. MAYOR'S REPORT Mayor Lynn Horton reported today she met with Puget Sound Naval Shipyard Commander Captain Baugh, who provided her with an update on construction projects within the shipyard. It appears the Olympic Lodge, the replacement of the Officers Club, is expected to open in August-September time frame. Captain Baugh also shared the fact they are looking into cost effective ways to enhance the visual impact of the shipyard, i.e. landscaping that would blend with what the City will be proposing for the Gateway project and the sinclair Landing project. She greatly appreciates the shipyard's desire to forge greater bonds with the city. Mayor Horton announced a Fund Raising Spaghetti Dinner will be held at the Bremerton High School on May 29, 5:30 - 7:30 P.M., with the proceeds going towards medical expenses of retiring teacher A1 Smith's son, who is being treated for leukemia. Mayor Horton read the following Proclamations: (1) JUNE 1997 as HIRE A VETERAN MONTH, which was accepted by Dennis Maddox, Veterans Employment Representative/Bremerton Job Service Center/Employment Security Department. Mayor Horton thanked Jim Spencer, Parks and Recreation Director and Parks Department staff for the work that has been done at Ivy Green Cemetery. Earlier in the year, the City received some criticism about the lack of maintenance at the cemetery and she was pleased to report the city responded in a positive manner and the community can enjoy the results of that effort. Ray WiggS, Bremerton Fire Prevention Officer, gave an overview of his training and involvement with the "Learn Not To Burn Champion" fire safety program that is being introduced into elementary schools. With the help of the Naval Avenue School Principal Ed Dubord and teacher Jenny Munger, who recruited 13 teachers including the School Librarian, the program was introduced to approximately 375 students from the Pre-School to 3rd grade levels. In recognition of the cooperation and assistance given by the Naval Avenue teaching staff and Principal, Officer Wiggs presented a plaque which read: "PARTNERS IN FIRE SAFETY EDUCATION IN RECOGNITION AND APPRECIATION TO NAVAL AVENUE ELEMENTARY TEACHERS - PRE-SCHOOL THROUGH 3RD GRADE AND LIBRARIAN - FOR SUCCESSFULLY COMPLETING THE "LEARN NOT TO BURN FIRE SAFETY PROGRAM" FOR SCHOOL YEAR 1996-1997." Naval Avenue School Principal Ed Dubord, TAPE #1466 city Council Reg. Mtg. Minutes May 28, 1997 Page 4 of 11 Jenny Munger and the School Librarian accepted the plaque on behalf of everyone involved with the fire safety program. PUBLIC RECOGNITION Don Atkinson announced that Seahawk player Warren Moon will be speaking on the new proposed football stadium in Seattle at the Bremerton Athletic Roundtable on June 4, 6:00 P.M., at the Ail Star Lanes in Silverdale. He also announced the Unity Church, located on Trenton Avenue will be celebrating "Circulation Day", a garage sale type event, on May 31, 9:00 - 4:00 P.M. Richard chrisinqer, part time resident of Bremerton and Springfield, Missouri, read a letter he prepared and sent to Senators and Congressmen regarding the retention of the "Mighty MO" on the mainland. He feels strongly that if the decommissioned USS Missouri is moored in Hawaii, the majority of U.S. citizens will not have the opportunity to tour it as a historical monument, due to financial constraints of families across the mainland. He encouraged others to write their Senators and Congressmen to voice their opinion on this issue. Roy M¢Innis, Bremerton resident, expressed his hope that the Bremerton community will never experience the kind of racial tension as that experienced in the city of Tacoma. On two occasions he has had the opportunity to sit in on meetings between members of the community, City of Tacoma elected officials and Department Heads in an attempt to address racial issues within that community. Philip Heqgen, Bremerton resident, expressed his opinion that if the city of Bremerton fluoridates the City's water system they are obligated to warn susceptible subsets of the population, who may be adversely affected by fluoride. Carol Atkinson, Bremerton Main Street Association, reported due to weather conditions they were unable to install the inscribed bricks and granite blocks on the boardwalk last week as previously announced. Del Knauss, Bremerton resident, raised the following questions: (1) In the near future is anything going to be done to allow recycling businesses to issue receipts to the residents proving they recycled and deduct recycle charges from their garbage bill? (He cited County residents are allowed such an option under their recycling program.) (2) The city is currently tearing up the roadway at the entryway into Bremerton (Farragut and Callow)...is this being coordinated with the Gateway project? TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 5 of 11 (3) Gorst sewer problems...if the City agrees to tie Gorst into our sewer plant what, if any, will it cost City residents? And, how much capacity does the sewer plant have left? Does the City have a projected date for when an additional sewer plant may be needed? (4) Bremerton sewer plant upgrades for odor control...What has the total cost been to upgrade the plant, including consultants' fees, condemnation fees, purchase of the land for an odor easement zone, and attorneys' fees. (5) Is it true that start up equipment is going to cost between $150- 200,000 to fluoridate the City's water system? If not, what is the start up cost? Mr. Knauss read the newspaper article about the possibility of the City acquiring the Illahee Trust lands. Back in 1991, the Kitsap County Commissioners were nominating open space that they could purchase out of fees they collect from the City; however the Illahee Trust lands did not get selected. He passed onto the Mayor a book that lists everything about the Illahee Trust lands, which was part of that open space consideration. Lastly, during the fluoridation hearing it was evident that a City Council member made it very "personal" from the podium when he attacked the anti- fluoridation group about the manner in which they were gathering signatures on petitions and tied them into the Anderson Creek group. 7A - PARKING LEASE AGREEMENT WITH DOCTORS CLINIC, ,~AB97-111 The Doctors Clinic has requested a 10-year lease for 75 spaces in the city Garage. The garage is currently at approximately 55% occupance and has 291 total spaces. Kathleen McCluske¥, Director Of Administrative Services, stated the proposed lease for parking spaces coincides with the lease the Doctors Clinic has entered into for their office space located on 4th Street. This lease will leave approximately 50+ spaces available in the garage, and according to Diamond Parkihg there are several hundred available parking spaces throughout the downtown area. The City is pleased to have the Doctors Clinic's Administrative staff locate in the downtown area. Public comment - none. Mr. Winters asked the total amount of revenue that will be generated to the City minus the cost of administration and security? Ms. McCluske¥ stated the annual revenue in years 1-2 will be $18,000 less approximately 15%, which would be paid to the City's contractor as well as some State taxes; in years 3-4 the #1433 TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 6 of 11 amount goes up to $22,000; and years 5 and up will be based on the current market rate less the discount provided for group rentals. Mr. Winters questioned if the City will continue contracting with Diamond Parking during years 3-4 of this lease and will they continue to receive 15% or higher? Ms. McCluskey stated they may or may not be the contractor; however, the 15% rate has been in place for a number of years. If the City had a problem with that percentage, a decision to go out for bid may be made. It is her hope that the parking revenue will go up as more spaces are filled and then Diamond's receives added revenue; however the percentage does not increase. Mr. Winters congratulated the Mayor and staff for their effort in working out details so that this group could relocate to the downtown area. Mr. Overson questioned the type of termination clause used in this contract? Ms. McCluske¥ stated the proposed contract has the same termination potential as the company's office lease - eight years. Mr. Overson pointed out as the lease is written the City cannot terminate the lease. Ms. McCluske¥ stated Mr. Overson was correct; however, there is a clause that states if they reduce the number of spaces, the price will go up. The proposed price is based on leasing 75 parking spaces. President Fart questioned why the city would pay the full 15% to the management company when some of the workload will be reduced? Ms. McCluskey stated that issue was discussed. The monthly passes for parking in the City garage are sold at City Hall as well as by Diamond Parking. She emphasized management of the garage is more than just collecting fees and involves making sure adequate spaces are available, to control the garage, maintain the garage and provide security service. The City did not feel a reduction of percentage was appropriate in this instance. Also, the City uses some of the parking facilities on the waterfront and in the garage as trade stimulators to bring in people into the City for festivals, which does have an affect on the percentage collected by the contractor. Mr. Winters questioned who funds the security for the parking garage? Ms. McCluske¥ explained the City through its contract with Diamond Parking; however, Diamond contracts out that service. M/S/C/U(Colvin/Montgomery) to approve 10-year lease with Doctors Clinic for 75 parking space in the City Garage. 7B - CABLE FRANCHISE CONSULTANT AGREEMENT, #AB97-112 The City hired MuniCom to negotiate the TCI and Falcon Cable franchises. The TCI negotiations have taken longer than expected, and will exceed the original compensation estimate of $115,600. The attached addendum extends the contract to 3/31/98, and TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 7 of 11 increases compensation not to exceed $10,000. We are very close to completion of TCI negotiations and hope to have a contract before you within the next 60 days. Because the Falcon franchise covers a very small population (less than 100 homes) we expect to complete those negotiations over a period of a few months. TCI has agreed to payment to the city of the $5,000 application fee and reimburse $15,000 of the consultant fee costs from the .21 pass-through. There is no budget adjustment necessary. Kathleen M¢Cluske¥, Director of Administrative Services, stated she expects the cost for the consultant will be lower than $10,000 and more in the range of $6,000; however, she requested the full amount so that she would not have to come back to Council, if the contract negotiations ran the full year. She anticipates the TCI franchise negotiations will be completed within a couple of months, but was not sure how long it will take to complete negotiations with Falcon Cable T.V. A budget adjustment was not necessary since there are enough funds budgeted for Professional Services and combined with the $20,000 that TCI has tentatively agreed to it will more than cover what she expects for the remaining costs. Public comment - none. Mr. Winters questioned the name of the first consultants hired by the City to handle the franchise negotiations, how long did the City use their service and what was the cost to the City? Ms. McCluskey stated 3H Cable Consultants were used for slightly less than one year and completed Phase I and II of their contract, which was the original RFP and involved some community surveys. The cost of that service was $8-10,000. Mr. Winters questioned the number of staff hours attributed to franchise negotiations? Ms. McCluske¥ stated it amounts to a significant number of hours. Mr. Winters stated he was concerned that the City has already gone through one consultant and Council was being asked to extend another consultant's contract yet it is anticipated the franchise will be wrapped up in two months. He found it interesting that the city had to spend approximately $30,000 in consulting to negotiate with TCI when they turn around and pass it through to the ratepayers again so that the City doesn't have to pay the full consulting fee. In his opinion, city staff have the expertise to conclude the negotiations without having to extend the consultant contract. Ms. McCl~ske¥ emphasized the importance of having a consultant available during the final negotiation process since City staff does not have the technical expertise in the Telecommunications Act, FCC Rules, etc.. The consultant has provided the technical expertise to assure the City gets a decent contract. If the city ends up paying the full $30-35,000 for the consultant, it is not out of line for services received in the development of a 10-year franchise. She believes changing consultants was a benefit to the #2053 #2155 TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 8 of 11 ratepayers. Mr. Colvin questioned the ratio of consultant fees to the revenue generated? Ms. McCluske¥ explained revenue generated from cable television franchise fees is approximately $250,000 per year over the life of the contract, and the cost of consulting service would be approximately $30,000. M/S/C(Montgomery/Colvin) to aDDr0ve contract addendum with MuniC0m. Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Neville, Fart, overson, Law, Colvin Winters 7C - INTERLOCAL DRUG TASK FORCE AGREEMENT, ~AB97-113 This agreement is renewal of the Interlocal Drug Task Force Agreement and its duration is three years. The effective dates for this Agreement are July 1, 1997 through June 30, 2000, but it may be reviewed annually by mutual agreement of the parties.s There is no change to the City of Bremerton's contribution. Police chief Paul Du Fresne pointed out the significant change to this agreement over the past agreement was the term of the contract from one year to three. He noted the legalities of having to renew the contract annually was reviewed and determined that it would not have any adverse affects by extending it to three years. He also noted the agreement no longer included Jefferson County. Public comment - none. Mr. Neville stated from the information Council received, the history of this unit is it is a well run organization that is working well and making a difference in the participating communities. Mr. Colvin questioned the city's contribution to the Task Force? chief Du Fresne explained the City provides one Police officer and his necessary support of wages and benefits. M/S/C/U(Neville/Montgomery) to authorize execution of this Interlocal Drug Task Force Agreement. 7D - BID AWARD AND BUDGET ADJUSTMENT FOR SENIOR CENTER HVAC SYSTEM, ~AB97-114 A call for bids was prepared with two bids being received in accordance with established procedures for removal/disposal of the existing furnace and installation of new HVAC units at the Bremerton Senior Center. The low bidder was Western Furnaces with /0 #2651 #2685 TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 9 of 11 a bid of $17,555.44, including WSST. The low bid is in excess of the amount budgeted for this project, and necessitates a budget adjustment to move appropriations from other projects which have excess expenditure authority. Jim Spencer, Parks and Recreation Director, stated this proposal would eliminate problems with the existing furnace system, which has been inadequate for a long time, and will provide an air conditioning system that will be of great benefit during the summer months. Public comment - none. Mr. Law stated the proposed improvements are much needed and the patrons of the Senior Center will welcome the warmth in the winter and cooling in the summer. Mr. Neville questioned the life expectancy of the Senior Center? Mr. Spencer stated he could see it being useful to the City for 10+ years. Mr. Neville questioned if there were any immediate plans to move the Senior Center to a different location? Mr. Spencer stated he felt there was a good possibility that the Senior Center could be moved due to the need for a larger space to carry out the Senior Program; however, that building would provide opportunities for other program, such as a pre-school. He emphasized the City would benefit from the money invested in the proposed improvements for quite some time. Mr. Winters brought up the issue of the City doing business locally and asked who bid on this project? Mr. Spencer explained bids were received from Western Furnace of Tacoma and Rays HVAC of Bremerton. Mr. Winters asked if the project included the development of specifications for the bid? Mr. Spencer stated yes. Mr. Winters, stated he believes the city wants to do business locally; however, if there is a difference in cost estimates, the City must go with the firm where the taxpayers will save the most money. M/S/C/U(Law/Colvin) to award this contract to Western Furnaces as low bidder and to authorize the Mayor to execute the same subject to City Policies and Procedures. M/S/C/U(Law/Colvin) to approve Budget Adjustment No. 97-11. 7E - BUDGET ADJUSTMENT FOR $30,000 TO REPLACE USED 10-YARD TANDEM DUMP TRUCK, ~AB97-115 The Street Section of Public Works is in need of purchasing a replacement 10-yard Tandem Dump Truck to provide more efficient operatiQn. The money for this purchase currently resides in the Equipment Rental Reserve Account as excess reserve. #2811 TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 10 of 11 Bob Tulp, Public Works Operations Manager, stated this proposal identifies funding out of the Rental Reserve Fund 510 and is not tied to a piece of equipment. This purchase would replacement a previously owned 10-yard tandem dump truck. He noted the replacement would be a used truck rather than a new truck. Public comment - none. Mr. Overson asked if Mr. Tulp felt he could purchase a used vehicle that would fit into the Equipment Rental Reserve and have the savings as identified? Mr. Tulp stated yes. M/S/C/U(Montgomery/Colvin) to release $30,000 held in reserve from the Equipment Rental Reserve Account to Public Works Street Section budget for purchase of 10-yard Tandem Dump Truck. 8A - PUBLIC HEARING ON RESOLUTION #2601, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF GARBAGE AND DEBRIS ON THE PROPERTIES LOCATED AT 60 AND 2230 SCHLEY WAY, ~AB97-116 On 4/22/97, the city removed garbage and debris from the properties located at 60 and 2230 Schley Way, after the owner, Timothy Duffey, failed to do so as ordered by the Building official. The cost charged to the revolving abatement fund for this action totaled $929.30. Council must now decide if the fees are just and reasonable. Judy Johnson, Building Development Permit Manager, stated the City started on this clean up in January with letters being sent to the owner in January, February and March; however, none of them were received by the owner. The property was posted on March 21, 1997 and on April 22 and 23 the Public Works Department carried out the removal of debris. Public comment - none. Mr. Law asked when would the city start charging the $600 Administrative Fee for abatements? Ms. Johnson explained that fee would be charged for abatements that were started after the ordinance implementing that fee become effective. Any abatements started prior to that effective date would not be charged that fee. Mr. Colvln asked if there was some way to display the pictures of abatements so that the public is aware of the kinds of conditions being cleaned up by the City? Ian Sievers, City Attorney, pointed out the city had displayed photographs of abatements in the lobby of City Hall. Mr. Winters stated he supported the City's position on this abatement. He was also aware of the potential in a run down #3032 TAPE #1466 City Council Reg. Mtg. Minutes May 28, 1997 Page 11 of 11 property based on his personal experience and hoped the owner of this site would make improvements that would again make it a habitable residence. He encouraged other owner of run down properties to clean up their properties because they do have more value when in good repair. M/S/C/U(Montgomery/Colvin) to adopt Resolution #2601, and order that the fees incurred for the removal of garbage and debris on the properties located at 60 and 2230 Schley Way be collected as reasonable abatement costs and become a personal judgement against the owner, Timothy Duffey, which if not collected within 30 days shall become a lien against the property. President Fart thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes and James Nobel, Jr. With no further business meeting adjourned at 7:11 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, Council President City of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Appointments to the Community Development Block Grant Advisory Committee FOR THE AGENDA OF:June 11, 1997 ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: June 5, 1997 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: Applications for Appointment ENDORSEMENT. ~ IN.F~RMATION APPROVED BY COUNCIL PRESIDENT 4. SUMMB~Y STATEMENT ,AND REQUIREMENT FOR COUNCIL ACTION: The Community Development Block Grant Advisory Committee will be meeting soon to make recommendations on use of the grant funds. It is recor~mended the following three people be appointed to the committee: Helen D. Davis Debra L. Jackson Roy L. McInnis 8. RECOMMENDATION: Motion to confirm the appointment to Helen D. Davis, Debra L. Jackson and Roy L. McInnis to the Community Development Block Grant Advisory Committee. Responsible Official: Enforcement Official: Expiration Date: Review Date: PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED Date: 11. AMENDED BILL NO: 2. CLEARANCE COMMENTS.L 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGET:. 7. RESF_aARCH SOURCES: CITY OF BREIVIERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS: //~ ~ OCCUPATION: ~ ~ '7 (H) (W) LOCAL REFERENCES (name & phone number): / lAM () () () () {1 INTERESTED IN SERVING ON (please check one or more): Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant Advisory Committee Youth Council Safe Streets' Steering Committee Citizen's Commission on Council Salaries Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Brernertor, Housing Authority Board of Appeals, HOusing/Building Codes Special Committees as needed Is this an applic'a~ion for reappointment? If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA Signature 98337 Applications be reviewed periodically to determine continued availability. Information may be put on back, /~ Additional pertinent CITY OF BREIVIERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAIVIE: 0~ L, HOME ADDRESS: ~LI[J-7 P~I~ ~'1~, ,J occu. o.: DATE: PHONE: (w) EDUCAT,ON; % PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): () () () () () () Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets' Steering Committee ( ) Citizen's Commission on Council Salaries Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste IVlanagement Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this If yes, an applic'a~ion for reappointment? how many years have you served(~n this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Signature Applications be reviewed periodically to determine continued availability. Information may be put on back, I "7 / Additional pertinent CITY OF BREMERTON NOTE: (Please type or print clearly) HOIVIE ADDRESS: _~."'] I1 Ifl']~t~ i..~ ~T' OCCUPATION: ~¢.~ ~ APPLICATION I~OR CITY OMNII ~-.'~ ~L~ As an applicant for a City Board, Commission or Committee, your nam~ad~e~.s,~nd telephone number will be available to the press and public. You will be-contacted before any action is taken on your appointment. DATE ~ ~'/ PHONE: _~ 7 7--~¢ / ~ (H) ~ ~ (W) LOCAL REFERENCES (name & phone number): ~ 7.._~ - I AM INTERESTED IN SERVING ON (please check one or more): () () () () Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Street§ Steering Committee ( ) Citizen's Commission on Council Salaries Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an appliCa'tion for reappointment?./~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TO' Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. [/~ 1. SUBJECT: Extension of legal services agreements for civil litigation AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: June 11, 1997 ORIGINATING DEPT: Legal ORIGINATOR: I. Sievers, City Attome DATE SUBMITTED: May 27, 1997 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ' uNci£ 6MM TTEES3/'" - Expired contracts APPROVED BY COUNCIL PRESIDENT FOR. SUBMITTAL: COUNCIL PRESIDENT _~,9--~~ '~'~ ~_,%~_ 4. SUMMARY STATEMENT AND REQUIREMENT FQR COI, JNCIL ACTIQN: The City has managed general litigation over the last two years under two professional service contracts, one with the law offices of Jean Schiedler-Brown and the other with the fwrn of Casey & Pruzan. These two-year contracts expired May 31 st. It is recommended that these contracts be extended for a three month period to allow solicitation of bids for new contracts, allowing variable offers on all or any of the various legal categories now aggregated under the t~vo contracts. 8. RECOMMENDATION: Motion to approve three month contract extensions at current terms with law offices of Jean Schiedler-Brown and Casey and Pruzan. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: /? 2.,- C~EARANCE COMMENTS 5. IMPACT OF NON-PASSAGE: Hire alternate private counsel on a case by case basis at greater expense 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: PROFESSIONAL SERVICE8 AGREEMENT Rstained Counsel/Casey & Pruzam This AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and Jane Ryan Koler of the law firm Casey & Pruzan, (hereinafter referred to as "Retained Counsel"). W I T N E S S E T H: 1. SCOPE: Retained Counsel agrees to provide legal services as follows: Land use/environmental law litigation to include Writs of Review on land use actions from Planning Commission and City Council, Annexation, Hearings before Appeals Board on building codes appeals, Boundary Review Board hearings and appeals, Shoreline Hearings Board appeals, Growth Management Hearings Board appeals, representation of Planning Commission as requested, condemnation, SEPA appeals, Suits and claims for nuisance, inverse condemnation, trespass, takings and State or Federal environmental regulations such as CERCLA, MTCA and Federal Clean Water Act. General tort defense and contract litigation to include the following: dispute Prosecution of civil claims, e.g., personal injury, breach of contract, condemnation, seizures, evictions and collections. Defense of administrative appeals - Writs of Review. 2. TER2~: Contract shall commence on June 1, 1995, and will terminate May 31, 1997; Provided, howevers, that all work performed prior to this effective date by retained counsel is hereby ratified. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of One Hundred Dollars ($100.00) per hour for the attorney services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rate. The City would reimburse for any long-distance telephone PROFESSIONAL SERVICES AGREEMENT --1-- CASEY&P.PSA - Disk 12 - 5/2~./95 calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Retained Counsel is an attorney skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of her particular field of expertise. Retained Counsel and her personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSUP~ANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE A_ND HOLD HAP~MLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision PROFESSIONAL SERVICES AGREEMENT -2- ~ASEY&P.P~A - Disk 12 - 5/2~/95 shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Jane Ryan Koler Casey & Pruzan Attorneys at Law 18th Floor Pacific Building Seattle, WA. 98104-1866 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. PROFESSIONAL SERVICES AGREEMENT -3- CkSEY&P.pSA - Disk 12 - 5/~&/95 h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon four (4) months' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CASEY & PRUZAN W. DIRKER EHLERT CITY OF BREMERTON LYNN HORTON, Mayor A ~D S O FORM I~LN R. ~IEVERS, Bremerton City Attorney RECEIVED FOR FILING: }(AI'~ILEEX L, XcCLUS;(EI', CLERX[ PROFESSIONAL SERVICES AGREEMENT -4- CASEY&P.PSA - Oisk 12 - 5/2&/9S PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Jean Schiedler-Brown and Assoc., P.S. THIS AGREEMENT is between the city of Bremerton, a municipal corporation, (hereinafter referred to as "City") and Jean Schiedler-Brown of the law firm Jean Schiedler-Brown and Associates, P.S., (hereinafter referred to as "Retained Counsel"). W I T N E S S ET H: 1. SCOPE: Retained Counsel agrees to provide legal services associated with labor/personnel claims and litigation to include the following: Unfair labor practices, grievances and arbitrations before Public Employment Relations Committee, arbitrators and court appeals. o suits and claims alleging discrimination, violation of wage and hour laws, or challenging employee actions or discharge based on contract, tort or violation of constitutional rights, defense of unemployment claims, prosecution or defense of worker's compensation claims, including administrative and court appeals, representation of Civil Service Commission. 2. TERM: Contract shall commence on June 1, 1995, and will terminate May 31, 1997; Provided, however,, that all work performed prior to this effective date by retained counsel is hereby ratified. 3. COMPENSATION: City shall pay Retained Counsel an hourly rate of Ninety-five Dollars ($95.00) per hour for the services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rate. The city would reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties uhderstand and agree PROFESSIONAL SERVICES AGREEMENT --1-- S-BROIJN.PSA - Disk 12 - 5/24/95 that Retained Counsel is an attorney skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of her particular field of expertise. Retained Counsel and her personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Bremerton City Attorney. 5. INDUSTRIAL INSURAlqCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSUI~ANCE AND HOLD HA/~MLESS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Retained Counsel, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this PROFESSIONAL SERVICES AGREEMENT -2- $-BRO~JIW.PSA - Disk 12 - 5/24/95 Agreement. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: city Clerk 239 Fourth St. Bremerton, WA. 98337 Jean Schiedler-Brown Jean Schiedler-Brown & Assoc., P.S. Attorneys at Law 606 Post Avenue, #101 Seattle, WA. 98104 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon four (4) months' written notice to the PROFESSIONAL SERVICES AGREEMENT -3- S-BRC~JN.PSA - D~$k 12 - 5/24/95 other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: JEAN SCHIEDLER-BROWN AND ASSOC. , P.S. JEAN SCHIEDLER-BROWN -~N R. S~ Bremerton CITY OF BREMERTON LYNN HORTON, Mayor City Attorney RECEIVED FOR FILING: Y"ATHLEEN L. McC~ PROFESSIONAL SERVICES AGREEMENT -4- S-BROUN.PSA - Disk 12 - 5/24/95 AGENDA BILL BREMERTON CITY COUNCIL I. _S_U_ .B_J_E_ _C~: Legal services agreement for prosecution with Kitsap County FOR AGENDA OF: ORIGINATING DEPT: Legal ORIGINATOK: I. Sievers, City Attorn DATE SUBMITTED: May 27, 1997 2. CLEARANCES: (Comrnent on back if necessary) 3. EXHIBITS: -Proposed agreement couNcIL COMMITTEESf ~ - ENDORSEMENT~'INFORI~ATION~4~ APPROVED BY COUNCIL PR~SIDENT_FOr~R~L: MAYO~ -~]- ~--L COUNCIL P~SIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL A=ION: The proposed contract extends the current arrangement for prosecution and criminal legal support with Kitsap County for an additional two year term without significant modification. The starting compensation for all services is $ lt.5, o.~3. o'i!; with an increase allowed for calendar years 1998 and 1999 based on actual cost increases for the County. 8. RECOMMENDATION: Motion to approve contract with Kitsap County for prosecution sen'ices 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 1 I. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE_: 6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereinafter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. W I T N E S S E T H: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement with one another for governmental services; NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: SECTION I. PURPOSE The purpose of this agreement is to provide legal services for the City of Bremerton for Prosecution of municipal criminal complaints and civil infractions. SECTION II. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A". SECTION III. TERM OF AGREEMENT The term of this agreement is June 16, 1997 to June 15, 1999. LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES --1-- Pros.Agt - Disk 12 - 5/27/97 SECTION IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V PAYMENT The County and City agree that compensation for services rendered under this agreement shall be One Hundred Fifteen Fifty- three and 08/100 Dollars ($115,053.08) per year for the two year term, to be adjusted for actual labor increases in calendar years of 1998 and 1999. The City shall provide office space, furnishings and office equipment including copier, fax, telephones and computers, and office supplies necessary to process the prosecution caseload, t~a~enh~and~ _~,,~=~s__ .... ~b for ore attorney ~ u~ ~. Prosecution office area will be served by a common receptionist shared by the City Attorney civil division and Human Resources, who will direct visitors and calls to the appropriate County staff. SECTION VI INSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000.00) aggregate against professional liability or errors LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -2- Pros.Agt - Disk 12 - 5/27/97 and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of County, its subcontractors, agents successors or assigns. be inapplicable to the extent the City negligent for such damage or injury. SECTION VI (a) GENERAL PROVISIONS This provision shall is judicially found This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) Any notices required to be given shall be in writing and LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -3- Pros. Agt - Disk 12 - 5/27/97 delivered to the following parties at the following addresses: City Clerk 239 Fourth Street Bremerton, WA. 98337 Kitsap County Prosecutor Kitsap County Courthouse 614 Division Street Port Orchard, WA. 98366 (d) This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. (e) The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. (f) Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. IN WITNESS W~EREOF, The parties hereto have executed this Agreement to be executed the date and year indicated. CITY OF BREMERTON Date BY' LYNN HORTON, Mayor APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON BY: LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -4- Pros.Agt - Disk 12 - 5/27/97 3!~ Date CHAIRPERSON COMMISSIONER COMMISSIONER ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: RUSSELL D. HAUGE, Kitsap County Prosecutor RECEIVED FOR FILING: KATHLEEN L. McCLUS~EY, CITY CLERK LEGAL SERVICES AGREEMENT - PROSECUTION SERVICES -5- Pros.Agt - Disk 12 - 5/27/97 EXHIBIT "A" SCOPE OF WORK The County will provide the full range of prosecution (i.e., prosecution/case management, legal advisor and special projects as required) to the City's 63 commissioned officers. 1. Municipal Court Se Appearance and preparation for all regularly scheduled monthly calendars as follows: 1) Non-jury trials. 2) Motion calendars. 3) Jury readiness calendars. 4) Contested infractions calendar as needed. 5) Jury trial calendars. 6) Arraignments. 7) Sentencing. 8) Revocation hearings. 9) Motions. b. Miscellaneous 1) 2) 3) Review of cases for filing complaints. Obtain search and arrest warrants. Telephone or in-person contact with Bremerton Police Department officers. 2. Superior Court a. Appeals (preparation and appearance). 1) 2) Commencing (only after discussion authorization from City Attorney).. Defending. and 3. Meetings Attend all meetings with the Police Department, City staff or City Council as requested or required to address current issues. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. Prepare, review and respond to issues as requested by the Chief of Police or Police Captain. Recommend needed municipal code amendments to City Attorney. EXHIBIT "A" Pros. Agt - Disk 12 - 5/27/95 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING &ORDINANCE To consider and adopt the Charleston Community Plan and related amendments to the Zoning Code and Zoning Map. FOR AGENDA OF: June 11, 1997 ORIGINATING DEPT: DCD/Planning ORIGINATOR: Ron W. Hough DATE SUBMITTED: June 5, 1996 City Atto rne~~r~/'"'-- Dir. Comm. Dev.~ - ,/ 3. EXHIBITS: · .- y/ Fiscal & Budget Com~~"'~~''~, ,/ /,/'~/ · ~ / Ordinance to adopt Charleston Plan Operations Co m~~ ~_~ ~.~..~ e../''~ ENDORSEMENT.,,>[ INFORMATION__ APPROVED BY COUNCIL PI:~E,SIDENT FOR SUBMITTAL: ~j~. -- Staff Report Findings & Conclusions of Plan. Comm. Correspondence and Zoning Comparison Planning Commission Minutes (May 20) Charleston Community Plan (document)- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Charleston Community Plan is one of the first plans to combine the provisons of GMA and SEPA and will be a model for other jurisdictions. The Plan addresses the problems and concerns of the City's oldest business district. Public involvement was encouraged at a series of neighborhood meetings held within the district, as well as study sessions and public hearings before the Planning Commission. The Plan focuses on the business district and its pedestrian-oriented core, but also includes proposals for improvements and zoning adjustments in surrounding areas. Policies, design guidelines, and zoning adjustments are included in the Plan to guide both private and public investment. The Plan includes related zoning amendments which may be approved by separate ordinance. The Planning Commission conducted its public hearing on May 20 and recommends City Council adoption. RECOMMENDATION: City Council approval of the attached Ordinance on first reading. City Council passage of the Ordinance on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Donald L. Pratt 10. NOTICE OF ACTION: PULLED TABLED~ APPROVED~ COUNCIL DIRECTIVE: 11, DISAPPROVED AMENDED DATE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage would have the following effects: 1. The problems and proposed solutions that are addressed in the Plan will not be addressed and corrected at this time. 2. The proposed new "Charleston District (CD)" zone will not be considered. 3. There will be no planning basis for the proposed design guidelines that are now being developed with a State grant. 4. The area will remain as presently planned and zoned. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The overall effect of the proposed changes should be minimal on City staff and budgets. The proposed changes to the Capital Facilities Program are very important to the budget process and to the implementation of proposed capital projects. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE adopting the Charleston Community Plan as an amendment to the Bremerton Comprehensive Plan. WHEREAS, the City of Bremerton adopted a revised Comprehensive Plan by Ordinance No. 4545 in February 1996 to comply with the Growth Management Act and with an Order of the Central Puget Sound Growth Management Hearings Board; and WHEREAS, the Comprehensive Plan discussed the need for a "Specific Area Plan" for the Charleston Business District to address the needs and concerns of those who live, work, shop, or own property in the area; and WHEREAS, Bremerton combined its resources with a Community Development Block Grant (CDBG) and a State Planning and Environmental Review Fund (PERF) grant to develop an Integrated GMA/SEPA plan for the Charleston District that includes the Plan, an EIS, and specific policies and recommendations aimed at desired neighborhood improvements, including public and private actions, a process for the streamlined approval of"planned actions", improvement concepts for future reference, and zoning amendments that include a new "Charleston District (CD)" zone; and WHEREAS, the preparation of the Charleston Community Plan and related Environmental Impact Statement (EIS) involved the citizens, property owners, merchants and others in an early and continuous series of neighborhood meetings, study sessions and a public hearing before the Planning Commission on May 20, 1997, after which the Commission recommended Council adoption of the Plan and zoning recommendations; and WHEREAS, the Charleston Plan was developed to comply with the provisions of the Growth Management Act and to be consistent with the Bremerton Comprehensive Plan and related development regulations; and WHEREAS, the Plan was submitted for the mandatory 60-day State agency review in April 1997; and Charleston Plan Ordinance: Page 1 of 2 37 WHEREAS, the Bremerton City Council conducted a public hearing on June 11, 1997 to accept public comments and to consider the recommendations of State agencies, the public, and the Planning Commission; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Charleston Community Plan, attached hereto as Exhibit "A", is hereby adopted as an amendment to the Bremerton Comprehensive Plan. APPROVED by the City Council on the first reading this day of June, 1997. PASSED by the Bremerton City Council this ,1997. day of DAVID FARR, President Bremerton City Council APPROVED this day of ,1997. ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: Charleston Plan Ordinance: Page 2 of 2 FOR AGENDA OF: ORIGINATOR: STAFF REPORT BREMERTON CITY COUNCIL June 11, 1997 PUBLIC HEARING Kay Wilson, Senior Planner SUBJECT Comprehensive Plan Amendment: Charleston Community Plan & Environmental Impact Statement -- An Integrated GMA/SEPA Plan w SUMMARY STATEMENT The purpose of the public hearing is to take public testimony on this Integrated Plan. The Integrated Plan includes the Charleston Community Plan and the Draft Environmental Impact Statement (DEIS) on the Plan. Plan: The Plan is proposed for adoption as an Element of the city-wide Bremerton Comprehensive Plan. DEIS: The DEIS is intended to provide impartial discussion of significant environmental impacts of the proposed plan, and to inform decisionmakers and the public of reasonable alternatives, including mitigation measures, that would avoid or minimize adverse impacts or enhance environmental quality. The deadline for comments on the DEIS was May 26 and the Final EIS (FEIS) is now being prepared to address the comments that were received. The City Council may not act on the proposed Plan until seven days after the Final EIS (FEIS) is issued. We anticipate that the F£IS will be issued at least seven days prior to the scheduled Council action date of June 25. This project is funded in part by a State PERF (Planning and Environmental Review Fund) grant, which requires completion of the project by June 30. The 60-day GMA- required State review period will be completed on June 15. The City Council will hold its public hearing on the plan on June 11, and will either close the hearing or continue it to June 25 for additional testimony. Final action can be taken on June 25 following completion of the 60-day State review and issuance of the FEIS. Staff Report: Pagel ¥( w PLANNING COMMISSION ACTIONS Draft Environmental Impact Statement (DEIS) The Final ElS (FEIS) must respond to all comments received by May 26. The Commission recommended that the DEIS be advanced to a Final EIS (FEIS), and directed that a couple concerns regarding specific wording be addressed in the FEIS. Comprehensive Plan Amendment This is a Type IV action to amend the Comprehensive Plan. The process requires public hearings before both the Planning Commission and City Council before the final decision is made through passage of an ordinance. Since the document includes both the Plan and Zoning recommendations, a separate follow-up ordinance may be submitted to amend the Zoning Code text and Zoning Map following approval of the Plan. The Planning Commission recommended Council adoption of the Charleston Community Plan, including the "Proposed Revisions and Options" contained in Exhibit "A". e CITY COUNCIL ACTIONS Adopt the Charleston Plan as an amendment to the Bremerton Comprehensive Plan. Adoption will be by ordinance. Adopt the amendments to the Bremerton Zoning Code and Zoning Map to implement the zoning recommendations. This includes the adoption of a new "Charleston District (CD)" zone. ATTACHMENTS Draft Charleston Community Plan / Draft Environmental Impact Statement Findings of Fact and Conclusions of Law: Charleston Community Plan Zoning Comparison (Proposed "CD" zone vs. existing "GB" zone) Correspondence Received To Date: 2. 3. 4. 5. 6. 7. Joe Mentor, Mentor Company CTED Office of Archaeology & Historic Preservation Letter from 103 N. Callow (no name attached) Marvin Bruno, Ph.D. Dean Straley Lil John Auto Center (hand-written letter) Petition (with 20 signatures) Staff Report: Page2 2 FINDINGS OF FACT CONCLUSIONS OF of the Bremerton Planning Commission LAW Prepared by: CHARLESTON COMMUNITY PLAN An Integrated GMA/SEPA Plan Kay W. Wilson, Senior Planner, with Ron Hough, Planning Manager INTRODUCTION The adopted Bremerton Area Plan identifies the Charleston Business District as a "special area" that requires further study and planning. (See Charleston Community Plan --pg. P-! and Appendix " C ") Accordingly, the City began a community planning effort in the Charleston area in Fall 1996. A series of community meetings were held to solicit public input, and the Draft Charleston Community Plan / Draft Environmental Impact Statement (DEIS) was prepared for public review. (See Plan --pg. P-2) The combined Plan and DEIS are referred to as an "Integrated GMA/SEPA Plan", or an "Integrated Plan" for short. The Integrated Plan is consistent with recent changes in the State Environmental Policy Act (SEPA) encouraging streamlining of land use actions. The SEPA components will be removed from the Plan document upon adoption. (See Plan --pg. E-2) The Charleston Community Plan will become an Element of the Bremerton Comprehensive Plan upon adoption. As a subarea plan, it is exempt from the GMA (Growth Management Act) requirement that the comprehensive plan may only be amended once a year. However, once it is adopted, the Plan will be able to be amended during the annual comprehensive plan review process. FINDINGS OF FACT A. LOCATION: B. APPLICANT: West central Bremerton, along the east slope of Capital Hill. (See Plan -- pg. P-3) City of Bremerton Department of Community Development Findings & Conclusions: Page 1 Co LAND USE: The Charleston Community planning area includes residential, commercial, transportation, and light industrial uses. Do COMP. PLAN: The Bremerton Comprehensive Plan includes Specific Area C-2 Recommendation 3: The City shall offer to work with local property owners, businesses, and surrounding residents in the development of a Charleston District Neighborhood Plan to include some or all of the following: a. A master plan for future land uses in and around the district b. Zoning adjustments to more directly reflect the district's growth ambitions. c. A strategy to improve the image and visual appearance of the district, possibly including landscaping, street trees, signing, design guidelines for new construction and rehabilitation, and building maintenance program. d. A plan to improve mobility through pedestrian-related improvements, bikeways/routes, bus scheduling, bus stop design, and other means. PROPOSAL: Amend the Bremerton Comprehensive Plan to include a Charleston Community Plan element. (See Plan -pp. P-1 - P-39) ALTERNATIVES: The DEIS identifies the following Alternatives: 1. Alternative 1 (Preferred Action) -- Draft Charleston Community Plan 2. Alternative 2 -- Options to Preferred Action 3. No Action Alternative CRI[TE FOR APPROVAL The Implementation Element of the Bremerton Comprehensive Plan contains Criteria for Approval as listed below. Discussion of the proposal as it applies to the criteria follows each criterion. Each component of a Plan Amendment package shall be reviewed and approved only if it meets all of the following criteria: The proposal is consistent with the provisions of the Growth Management Act and will not result in Plan or regulation conflicts; The proposed Plan is a refinement of the recommendations for "Special Area C-2: Charleston Business District" in the Land Use Element of the Brernerton Comprehensive Plan. The Comprehensive Plan was adopted consistent with Growth Management Act requirements. Therefore, the proposed Plan is Findings & Conclusions: Page 2 2 o o consistent with the GMA. The Plan includes recommended changes to the Bremerton Zoning Code to bring it into conformance with Plan proposals. The proposal will change the development or use potential of a site or area without creating significant adverse impacts on existing sensitive land uses, businesses, or residents; The proposed Plan includes recommended changes in the Comprehensive Plan Land Use Plan Map, and corresponding changes to the Official Zoning Map, which will change the development or use potential of affected sites somewhat. These changes are expected to improve the pedestrian character of the business district and improve the residential character of residential area~s. No. sign!fi~.,cant a'dvverse impacts on existing sensitive land uses, businesses or residents have been identified. The proposed amendment can be accommodated by all applicable public services and facilities, including transportation; The proposed Plan does not significantly change the level of public services and facilities that will be required to serve the area. The proposal will help implement the goals and policies of the Bremerton Comprehensive Plan; As stated above, the proposed Plan is a refinement of the recommendations for "Special Area C-2: Charleston Business District" in the Land Use Element of the Bremerton Comprehensive Plan. If the proposal could have substantive impacts beyond the City limits, it has been sent to Kitsap County for review and comment. The draft Plan/EIS was sent to the Kitsap County Department of Community Development when issued. CONCLUSIONS The proposed Charleston Community Plan implements the Bremerton Comprehensive Plan recommendations for "Specific Area C-2: Charleston Business District". The Charleston Community Plan is consistent with the Criteria for Approval required for amendment of the Bremerton Comprehensive Plan. Findings & Conclusions: Page 3 P ©MMENDAT ©NS The Bremerton Planning Commission hereby forwards a recommendation to the City Council for adoption of the proposed Charleston Community Plan as an element of the Bremerton Comprehensive Plan, including the proposed revisions and options attached hereto: Exhibit "A" Charleston Community Plan: Proposed Revisions and Options Recommended by the Bremerton Planning Commission on May 20, 1997. Laurence Stone, Chair Findings & Conclusions: Page 4 EX2-HB T "A" Charleston Community Plan PROPOSED RE SIONS ©PTIONS As recommended by the Planning Commission II. III. IV. VIII. CONTENTS LAND USE ............................................................ 1 A. Plan and Zoning Proposals along the Highway 304 Corridor ................ 1 TRANSPORTATION A. B. C. D. E. F. Right Turn Lanes at First/Callow ..................................... 2 Public Parking .................................................... 2 Crosswalk at First and Callow ........................................ 2 Burwell Hill Climb ................................................ 3 Sixth Street Hill Climb ............................................. 4 Bike Route ....................................................... 5 HOUSING ............................................................. 5 ECONOMIC HEALTH ................................................. 5 A. PSNS Map ....................................................... 5 CAPITAL FACILITIES AND UTILITIES ................................. 5 A. Transportation .................................................... 5 RECREATION ........................................................ 6 URBAN DESIGN PROPOSALS .......................................... 6 A. South Entry to CD Zone ............................................ 6 APPENDICES A. B. Land Use Table Amendments ........................................ 6 New Appendix 'T' -- Background Information and Examples ............... 6 A. Identification of the Charleston Business District ................... 7 B. Pedestrian-oriented Core of the "CD" Zone ....................... 8 C. Parking Lot Proposals ........................................ 9 D. PSNS .................................................... 10 I. LAnND USE A. Plan & Zoning Proposals along the Highway 304 Corridor The Highway 304 improvement project will result in the acquisition of many properties along its route. Those acquisitions will take place after the Charleston Community Plan is adopted. The Plan attempts to accommodate the highway project without interefering with the acquisition process nor artificially altering the values of properties to be acquired. To avoid such conflicts, some adjustments to the original Land Use and Zoning proposals along the SR-304 route are now being proposed to lands that are expected to be acquired for the project. Recommendation: Properties shown on the official Right-of-Way A~quisit/on map shall be proposed for either right-of-way or residential purposes, unless other known uses are anticipated. This will result in the following changes to both the Charleston Plan Map and Zoning Map: South of Farragut Avenue: No change to Proposed Plan and Zoning. Farragut to Rodgers: All areas proposed for acquisition to be shown as ROW. Rodgers to First: All areas proposed for acquisition to be shown as ROW, with the exception of the area north of Coontz and east of Wycoff which will be designated "T" (transportation) on the Plan Map and zoned "IP" (Industrial Park) on the Zoning Map to accommodate planned expansion of Kitsap Transit. Charleston Community Plan: Proposed Revisions and Options _.1 t~l I J t Coontz I // II. TRANSPORTATION Right Turn Lanes at First/Callow (Pg. P-12 -- Providing Good Public Streets and Sidewalks) Recommendation -- Add: Action B: Investigate the feasibility of rift-turn-in and fight-mm-out lanes on the west side of Callow at First Street. ga Public Parking (Pg. P-14 - Putting Parking in the Right Locations) Recommendation -- Add: Action B: Consider locating a parking garage convenient to the PSNS Montgomery Street gate to serve PSNS civilian employees and contractors and local business employees and patrons. Action C: Consider forming a public development authority to construct public parking lots and/or parking structures. Ce Crosswalk at First and Callow (Pg. P-J6-- Rediscovering the Pedestrian) Recommendation -- Add: Action B: Investigate the feasibility of a crosswalk on Callow at First Street. ¥? Charleston Community Plan: Proposed Revisions and Options D. Burwell Hill Climb (Pg. P-16 - Rediscovering the Pedestrian) The City is considering the closure or partial closure of a portion of Bm'Well Street between Wycoffand the alley between Wycoffand Callow. This street segment is very steep and hampered by visibility limitations. The alley should remain available for local vehicular access. Access to the alley from Callow via Burwell is important. Improving pedestrian linkages between the Charleston Business District and its surrounding neighborhoods is an important objective of this Plan. The Burwell Street right-of-way has the potential to become an important pedestrian link between the west side neighborhoods, the business district, and Forest Ridge Park. Improvements to its sidewalk system could (I) encourage pedestrians to walk to and from the business district, (2) establish an attractive landscaped walkway between these two important areas, and (3) make more effective use of the Burwell right-of-way. Recommendation-- Add: Action 1. C. Burwell Street Hill Climb: Narrow the curb-to-curb width of Burwell from Wycoff eastward to the alley to accommodate one larie of traffic in an eastbound direction. These improvements would be designed and signed in accordance with City street standards and would include provisions for access to private properties as necessary. Create a pedestrian-friendly "hill climb" between Callow and Wycoff, consisting of sidewalks, stairways, rest benches, lighting, landscaping and street trees. 3. Continue the pedestrian system of sidewalks, landscaping, lighting and street trees westward from Wycoff to Forest Ridge Park. E. Sixth Street Hill Climb (Pg. P-16 -- Rediscovering the Pedestrian) A short segment of the Sixth Street right-of-way between Wycoff and Cambrian is steep. overgrown with vegetation. It is not likely to be developed as a roadway. For years, residents of the neighborhood to the west have been using a primitive trail through this ROW for access to the business district. This is a natural pedestrian connector. Relatively minor landscaping and walkway improvements could encourage pedestrian travel, increase local business patronage, and improve the view of the hillside from Kitsap Way. Enhanced pedestrian access to local businesses is important to the district, 'is in everyone's best interests, and is consistent with the goals and policies of this Plan. Recommendation -- Add: Action D: Retain and improve the segment of Sixth Street ROW between Wycoff and Cambrian with a hard surface walkway, imp. roved landscaping, night lighting and other appropriate features. Proposal: Improve this steep undeveloped public right-of-way with a hard surface pedestrian walkway to link the Charleston Business District with the neighborhood and Forest Ridge Park. Signal , "---Signal Charleston Community Plan: Proposed Revisions and Options Fe Bike Route (?g. 17 -- ?romoting Transportation Alternatives) Recommendation - Add: Action A: Provide bike route si~o'ning through the Charleston area as appropriate. ltl. HOUSING recommendations.] IV. ECONOMIC HEALTH Ae PSNS Map (Pg. P-20 - Improving the Mix of Businesses) Recommendation - Add reference to Par. 1, Line 5 (and add map to Appendix): (See Appendix 'T'- P&VS Map) V. CAPITAL FACH,ITI-ES AND UTH~ITIES A. Transportation (Pg. P-40 -- Table P!. Recommended Capital Facilities,) Recommendation --Revise to read: 1997- * SR304 Transportation Various Sources: Federal, 29,000,000 2003 Improvement Project State & Local (Bremerton "Gateway" Project) 1997 * Bur,yell between Callow - Wycoff Street maintenance fund 1,000 2002 * Resurface CallowfMontgomery as Wastewater rates + Arterial part of stormwater projects Street Fund Charleston Community Plan: Proposed Revisions and Options VI. RECREATION (No recommendations) VII. URBAN DESIGN PROPOSAI,S A. South Entry to CD Zone Add: Action D. Place an entrance sign at First and Callow to mark the beginning of the Charleston Business District. Use street trees, street lights, and other amenities to indicate that the block between First and Burwell is part of the District. VIII. APPENDICES APPENDIX "E" -- PROPOSED CHARLESTON DISTRICT (CD) ZONE Tables) Recommendation -- Add to Legend: Legend: A = SUP = Land Use Table Definitions (Pg. 2 -- Appendix "E" Figure 140: Land Use Use is ALLOWED OUTRIGHT in zone Use is ALLOWED with APPROVAL of a SPECIAL USE PERMIT Bo Land Use Table Adjustment Recommendation: Change the proposed "CD" zone to show "Automotive Services (repair, maintenance, etc.) as allowed outright (A*) instead of by Special Use Permit (S). APPENDIX "I" -- BACKGROUND INFORMATION AND EXAMPLES New Appendix "I" Recommendation -- Add new Appendix containing the following: Ae B. C. D. Identification of the Charleston Business District Pedestrian-oriented Core of the "CD" Zone Parking Lot Proposals Puget Sound Naval Shipyard Charleston Community Plan: Proposed Revisions and Options A. Identification of the Charleston Business District The Charleston Business District, as identified in this Plan, includes most non-residential areas from First Street on the south to Thirteenth Street on the north. The pedestrian- oriented retail center of the district is along Callow between Burwell and Eleventh. The Plan suggests that identification signing, historic lighting, and other special features be used to enhance the district's unique character and identity, particularly in the high- intensity pedestrian core. Recommendations: Establish an "Old Charleston" street lighting theme along Callow Avenue from First Street to Thirteenth and on Montgomery Street from PSNS to Eleventh Street. Continue the theme on intersecting streets within the "CD" district. Entrance/identification signs should be placed at or near the following locations: Callow Avenue at First St. (for northbound traffic) Callow Ave. at Thirteenth St. (for southbound traffic) Sixth St. west of Bryan (for westbound traffic) Sixth St. near WycoffAve. (for eastbound traffic) Burwell St. west of Bryan (westbound traffic) Eleventh St. west of Callow (eastbound traffic) Eleventh St. near Montgomery (westbound traffic) Montgomery Gate Charleston Community Plan: Proposed Revisions and Options Pedestrian-oriented Core of the "CD" Zone The proposed new "Charleston District" zone includes a list of allowed land uses and businesses. Most will be compatible the zone and will strengthen its pedestrian-oriented core. A number of other uses and businesses that are less compatible or auto-oriented would also be permitted within the zone but would be restricted from the pedestrian core area. The "pedestrian core" includes properties that front on Callow Avenue between Burwetl and Eleventh Streets as shown on the following map. Pedestrian Core: The solid black line outlines the "Charleston Business District (CD)"' zone. Within that zone, the shaded area identifies the "pedestrian core". Z21 ,~'-i.:[B IZIF: :l Charleston Community Plan: Proposed Revisions and Options gomery Gate 8 C. Parking Lot Proposals Adequate and convenient parking is a primary concern of the Charleston merchants. An invento~ of on-street and off-street parking spaces found a total of 1,361 spaces. Although there is a perceived parking shortage, there is not a deficiency of spaces. The problem is availability. Most parking lots are privately owned, many are poorly maintained, and most are reserved for specific businesses and not available to the customers of others. The Plan found that the primary problem is not a lack of parking, but a lack of parking coordination and management which can be corrected most appropriately through the cooperation of parking lot owners and merchants. This business district can become a thriving economically successful and-attractive district. To help this happen, the Plan encourages in. fill and redevelopment to maintain a continuous pedestrian-oriented retail core from Burwell to Eleventh. Some land uses and businesses would not be allowed within this pedestrian core. Included on the list of non- pedestrian businesses is "Non-accessory Parking", which includes public and private parking lots that are not directly related to (accessory to) a particular business. Such lots would be allowed to locate anywhere in the "CD" zone except within the pedestrian core. Parking areas that are provided to serve the needs of a particular business are considered "Accessory Parking Lots" and may be provided to serve the needs of local businesses. These lots may replace demolished older buildings and must meet the City's minimum development standards for Class "A" Lots, as provided in the City's Zoning Code. To provide a quality appearance and minimal conflidts with the pedestrian environment, Class "A" lots must be paved and provide a .10 ft. landscaped setback from the front property line. The following illustration shows how a Class "A" accessory parking lot might be provided on a typical 60 ft. wide in.fill lot on Callow Avenue. Charleston Community Plan: Proposed Revisions and Options 9 .I D. PSNS 'i¸: PUGET SOUND NAVAL SHIPYARD Relationship to the Charleston District q~ll ti IlI' H I~ $11. :I'I-I"ILL1 I 'rFn ii .:.. l'.'j Charleston Community Plan: Proposed Revisions and Options 10 ZONING COMPA SON Existing "General Business" (GB) vs. Proposed "Charleston District" (CD) Existing "GB" Zone Proposed "CD" Zone (General Business} (Charleston District) Intent of the Zone This is Bremerton's primary auto-related, This zone is designed to strengthen ~he hi,way-oriented, hi~-intensity retail Charleston Business District by and service commercial zone. It is providing a more compatible designed for locations along arterial combination of uses, along with streets and allows a wide variety of development standards that reflect the business and office uses. It provides for historical character and design large scale development and land uses limitations of the district. This zone that are often inappropriate within encourages compact and mixed use smaller business districts. "GB" land development, pedestrian activities, and uses inctude auto dealerships, drive-in retail and service businesses. It includes theaters, shooting ranges, adult most of the uses allowed in the "GE" businesses, stadiums, track/KY rentals, and "PO)' zones, but without some of bus maintenance and storage, lumber the larger disruptive auto-oriented yards, manufactured home sales, businesses. Upstairs residential uses are warehousing, machine shops, also encouraged in this zone. Min. Lot Size No Minimum No Minimum Min. Lot Width No Minimum No Min/mum Max. Bldg. Height 60 ft. 60 ft. Max. Lot Coverage 100% 100% Building Setbacks: FRONT: 20 ft. No Min. setback within zone 10 ft. Max. from Callow SIDE: 10 ft. from any resid, zone 10 ft. from any resid, zone REAR: 10 ft. from any resid, zone 10 ft. from any resid, zone LAND USE TABLES: A The use is allowed outright as a principal use. S The use is subject to approval of a Special Use Permit. P The use is allowed only within an approved Planned Unit Development. * These uses are allowed throu~out the "CD" zone with the exception of properties that ~ront on Callow Avenue. Uses allowed-- by zone GB CD Accessory Dwelling Unit (AK)U) A* Multiple-unit Structure (4 or more units) ' S* Townhouse (attached units on own lots) A* Kesidential-- as a secondary use. S A Foster Home A A* Convalescent / Rest Home S Day Care Facility (13 or more -- all ages) S S* Day Care Facility (12 or fewer -- all ages) A A* Group Residential Facility --- Class I S Group Residential Facility --- Class II S Bed & Breakfast Hotel of Motel A A* Residential Hotel or Inn (weekly/monthly) A Theater (Performing arts or motion picture) A A Theater -- drive-in S Adult Business (see definition) S Video/Pinball Arcade S S Bowling Lanes A A Pool / Billiard Facility A A Youth or Teen Center (social/recreationa[) S S Senior Center (social/recreational) A A Community or Neio~tborhood Center A A Dance Hall or Multi-purpose Hall A A Clubhouse, Fret. Lodge, or similar A A* · ::::~:i.:.~ntcxI~ & socriL svcs, Hospital A Medical - Out-patient Clinic A A Medical Services (diagnostic, ENT, etc.) A A Medical Laboratory A A Veterinarian & Animal Hospital A A Social Service Facilities A A Welfare & Other Charitible Svcs. / Fac's. A A Detoxificafion Center & similar facilities A Golf Course S Gymnasium or similar facility A Indoor Athletic/Recreation Facility A A Tennis or Swim Club (or similar facility) A A* Weight Control and Aerobics A A Tanning Salon, Spa, and similar uses A A Park, Playground, or Rec. Area &Fac's. A A Stadium, Athletic Field or Sports Complex S Rifle and Pistol Range S Public Schools (see "PS" zone) S Private EdUc. Facilities (see "PS" zone) S S Religious Worship & Related Facilities A A Zone Comparison: Page I Uses allowed -- by zone GB CD Library A A Museum -- in designated historic building A A Museum -- other A A Art 0allery (2,000 sq.ft, or smaller) A A Art Gallery (larger than 2,000 sq.fL) A Law Enforcement & Fire Facilities A A Equipment & Materials Storage Yard S Water, Sewer, Stormdrain Facilities A Utility Substation A S Communication Antenna/Relay Tower S S Antenna Tower (non-commercial) A A Restaurant/Cafe (2,500 sq.ft, or larger) A A Restaurant/Cafe (Under 2,500 sq.ft.) A A Fast Food Restaurant (no drive-through) A A Fast Food Restaurant (with drive-through) A A Food/beverage Take-out (no inside seating) A A Donut Shop, Baked Goods - retail A A Delicatessen A A Drinking Place --- with entertainment A S Drinking Place --- without entertainment A A Market - general (7,000 sq.ft, or larger) A A Market - convenience (Under 7,000 sq. ft.) A A Any business with accessory gasoline sales A S* Specialty Food Sales A A Liquor Store A A Drug Store/Pharmacy A A Furniture & Appliance Sales & Leasing A A Music systems, Instruments, and related A A Pre-recorded Movie/Music sales and rental A A 'Book store (newspapers, magazines, related) A A Stationery, Paper Products, Office supplies A A Antiques and Second Hand Goods A A Sporting Goods -- sales and services A A Clothing (incl. shoes, hats, uniforms...) A A Department Store (variety retail) A A Factory Outlet (accessory to on-site mfg.) A A Jewelry, Clocks, Watches and related A A Flowers, Gifts and Greeting Cards A A Pipes, Tobacco and related products A A Toys, Hobbies, Arts and Crafts A A Cameras and Photo Supplies and Services A A .Glasses & Optical Goods and Services A A Laundry & Dry Cleaning Services A A Self-service Laundry (laundromat) A A Non-auto Repair (fumimre, appliances, etc.) A A Small Engine Repair A S* Personal Apparel Repair/Alterations A A Hair Care and Personal Grooming A A Tatooing, Body Piercing and related A A Photographic & Art Studio A A Funeral Services A Personal/Family Counseling Services A A Personal Services -- other than listed A A Zone Comparison: Page 2 Uses allowed -- by zone GB CD Home Occupations (subject to guidelines) A I] A 11. BUSINESS SERVICES Banking & Other Financial Services A A Insurance and Investment Services A A Real Estate, Title, Escrow and similar svcs. A A Accounting, Tax Prep. and similar svcs. A A Copying, lVlailing, FAX, and similar svcs. A A Office/Business Assistance Services A A Communications/Broadcasting Studio A A Property Mgmt. & Maint. Svcs. Offices A A Property Maim. Svcs. with supply storage S S Consultants (Arch., Planning, Design, etc.) A A Computer assistance, training & repair svcs. A A General Offices (other than listed above) A A Auto, Truck, Trailer and RV Sales A S* Automotive Services (repair, maint, etc.) A S Motorcycle & Bicycle Sales & Service A A Automobile, Motorcycle, rental A S* Bicycle Rental A A Auto, Truck, Trailer, RV rental S S* Marine Craft Sales and Service A S* Tires, Batteries, & related sales and services A S* Other Auto & Marine Accessories A A Gas Station (incl. related services) A S* Automotive/Marine Painting & Detailing S S* Car Wash (self-service or automated) A S* Non-accessory Parking (also see LPO zone) A A* Commuter Parking (also see LPO zone) S Z Parking Structure Auto Impound Lot Motor Frei~t Transportation Facili~ Marine Freight or P~senger Terminal Bus Passenger Terminal Bus Maintenance and/or Storage facility, I3,. CONSTRUCTION RELATED Construction Services Office General hardware sales & services Lumber & other Building Materials sales Heating, Plumbing, MC Equip. & Services Elec~cal Supplies and Services Paint, Glass, Interior Decor (carpet, drapes) Nursery. & Garden Supplies Greenhouse (primarily retail sales) Manufactured Home Sales Lot Paper Products Manufacturing Wood Products Mfg. (furniture, cabinets...) Electrical & Electronics Products Mfg. Wholesaling of Products Permitted in Zone Warehousing --- General Mini-warehousing (small-unit storage) Research, Development & Testing Svcs. Professional / Scientific Instrument Mfg. Printing, Publishing & Related Services Paints & Allied Products Mfg. or Processing Electrical Machinery & Equip. Mfg. Apparel and other Textile Products Mfg. A A S S' S i S* I A S S A A A A A S* A S* Zone Comparison: Page3 allowed -- nv zone GB CD Food Products Mfg. S Machinery & Metal Products Mfg. S Machine Shop -= general purpose S Recycling Collection Station S S* Recycling Collection S~ation (Limited)~ A S* Allowed only when it meets all design standards. Zone Comparison: Page4 LIL JOHN AUTO CEr~ 117 N. Callow Bremerton~ WA 983 (3~0) 479=4~e~ COMPANY 5610 KITSAP WAY, # 100 BREMERTON, WASHINGTON 98312 ;~'~!r:!~j: (360) 377-6879 ~ax: .(3~:0) 377:-97. Kay Wilson CITY OF BREMERTON Planning Department 239 4a Street Brernerton, WA 98311 Dear Kay: kEolDENTIAL I read with interest your Charleston Community Plan. I know that the City of Bremerton wants to help file businesses and property owners and I think they all appreciate your good intentions. I don't believe that the changes you want to make in the zoning will have a beneficial affect, however, other than allowing apartments on the second floor. If the City could follow through on the INFRASTRUCTURE that has been promised for the last several years, this would be the most important thing they could do for the Charleston area. First, they promised to build the new Charleston Highway approach. There are a number of utility and sewer projects that have been proposed and planned. Randy Witt said last night that the City will start this project next year. One thing I think would be a big asset to the area and show the City's good intention, would be to make a new 4-lane tree lined street from the new Montgomery Gate to Burwell. The Navy has made a substantial investment in this area and the City looks like "cheap country cousins" when you come out of the Montgomery Avenue Gate. This is one of the most despicable areas of old buildings in the City, and adjacent to a ',,'cry narrow street. Quickly going tltrough your community plan, I would like to make the following comments. You are proposing on P-5, that the population will have a tremendous increase, greater tim since W.W.II. Then on page P-13, your proposing to preserve the on-street parking on Callow Avenue. Keep in mind that Callow is an extremely narrow street, with few existing parking spaces, and with the new highway coming in and the population increase, this 2-lane street will not be able to handle the traffic and will have to be made 4 lane, which will eliminate the parking. I think we all agreed at the meeting last night that the buildings on Callow are old, nm down, framed buildings and when new buildings are built, they should provide their own off-street parking. Page P-15, you suggest that narrow lots should be used for parking. That is all well and good, but I believe that wide parking lots with landscaping are much more inviting for the retail customer. Page P-17, Policy 1, I am certainly in favor of. On P-18, you are suggesting this area has the most affordable' urban neighborhoods in Kitsap county. What you really mean is that you have fltc most dilapidated, run-down houses ht Kilsap coutlty. P-19, Aclion C, I certainly am in favor of the city's Home Buyers Assistance Program. COMMERCIAL · DESIGNING SINCE 1956 LEASING * FINANCING * TRADING Kay Wilson ~Lay 7, 1997 Page 2 Action E, I believe we should follow the Navy's design they have used on thch' fences and thc same type of landscaping they have used. You're proposing there will be a population of 5,400 military personnel, plus 4,700 on ships. Again, this calls for a new /vlontgomery Gate to Burwell street improvement program and only reinforces practical elimination of parking on Callow. On P-22, I like the idea of an indoor recreational facility for this area. Being realistic, with the Navy's new recreational facilities they are building and the income of the people in the area, it is going to be a real hard sell. On P-23, Action D, I would propose as a additional deterrent for crime, that new parking lots have a higher than normal lighting level. On P-27, developing a street master plan should be a no- brainer. I would strongly encourage the area be developed in the same style and design that the Navy is doing in the south end. The land use proposals do not fit into the large increase in population that is anticipated and will not allow for large enough apartment buildings to be built on fairly small lots. On P-33, I am certainly in favor of the elimination of any "adult" businesses. On P-35, as far as this zoning being more helpful to a developer, I guess that is in the eyes of the beholder. It will depend on the person who is in charge of the Department of Planning and the type of decisions he makes, more than on what specific zoning is approved. The county has been eating the city's lunch and all the new apartment houses are being built all around the city, just outside the city limits. On P-38, there is a lot of talk about how great the downtown urban renewal plan is, but I have seen no indication that anything is going to be done down there and if it is, it could not have been done under the previous zoning. There are many other areas that I would like to touch on. THE CHARLF~STON COMMI. JN1TY IS NOT A PEDESTRIAN ORIENTED AREA. If you take a survey of the traffic, it has become very clear that the business is generated by automobile, there is extremely little or no foot traffic. Sincerely, Joe Mentor Copy: Randy Witt Planning Commission Cily Council Mayor STATE OF WASHINGTON DEPARTMENT OF COMMLJNITY, TRADE AND ECC)~C)MIC DE~[L©PME,X~T OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 111 21stAvenue 5. W. · P.O. Box 48343 · Olympia, Washington 98504-8343 · (206) 753-4011 · SC, Ak 234-4011 May 20, 1997 Mr. Donald Pratt Director of Community Development 286 4th Street Bremerton, Washington 98337 Dear Mr. Pratt: Thank you for sending a copy of the Draft Charleston Community Plan and Draft Environmental Impact Statement (DEIS) to the Washington State Office of Archaeology and Historic Preservation (OAHP). On behalf of OAHP, I have reviewed the Draft Plan and EIS to assess potential impacts on historic properties in the neighborhood. In general, I support the Plan and its recommendations. This support is a result of statements which acknowledge the importance of the community's heritage and the need to protect the historic character of buildings in the neighborhood. In particular I note and support vision statements and objectives found on pages 7 and 8. In addition, I note and support recommendations in the Plan for developing design standards for the neighborhood. I recommend that proposed design guidelines for Charleston use as a basis the U.S. Secretary of the Interior's Standards for Rehabilitation. Secondly, I recommend that a comprehensive survey be undertaken of the neighborhood to identify properties with historical m~d/or architectural significance. This survey should be generated by a qualified professional historian/architectural historian. Data generated from this effort can be used by the City to inform development of design guidelines, protection strategies for significant properties, implementation of preservation incentives, historic overlay zoning, and other historic preservation planning strategies for Charleston. In addition to the general comments above, following are comments/recommendations on specific elements of the Plan: I note and support Policy 2 on page 18. ¥¢ Mr. Donald L. Pratt May 20, 1997 Page Two In regard to Action B on page 19, use of Bremerton's low-interest loan program for aesthetic elements should be implemented to be in accord with design guidelines for the district and take into consideration accepted rehabilitation practices such as found in the Secretary's Standards. See general comments above in regard to Action E on page 19. In regard to Policy 1 on page 25, I recommend that this policy be implemented after completion of the historic property survey so that results can be used to guide decisions about the historical and/or architectural significance of buildings. I note and support Policy 2 on page 25. I recommend implementation of Action C on page 25 only in conjunction with an overall preservation strategy for the neighborhood following a survey of historic properties and development of design guidelines. In regard to Action C on page 27, plus Action C and Action D on pages 36 and 37 respectively, I reference comments above recommending inclusion of the U.S. Secretary of the Interior's Standards for Rehabilitation as the foundation for design guidelines not only for historic properties, but also additions to historic properties and in-fill development. Again, thank you for the opportunity to review and comment on the Draft Plan for Charleston. The Plan hold2, exciting promise for using historic preservation tools toward revitalization of the neighborhood. Should you have any questions, please feel free to contact me at (360) 753-9116. GAG Sincerely, Gr~gg/cy Griffithe/' prehensive Planning Specialist Charleston Comprehensive Plan--103 N Callow Concerns with the Charleston comprehensive plan are as follows: the present access on the west side of First and Callow has been closed by the plan and replaced by a permanent barrier thus, there will be no way to make a turn to the west while driving on Callow and thus read access the business located at the south end is negatively impacted or greatly reduced you will still be able to make turns to the east on First and Callow, toward the Navy yard and 7-11; businesses on the east and west side of the street are being treated differently and equity or equality is absent; there is accommodation for the big owners and big interests only small businesses on the west side of First and Callow are not provided for fairly and equally with business interests on the East side of Callow-access to their businesses toward the southwest end of the business district are limited if not made extremely difficult--only the most persistent client or customer will attempt to access these business; access from Burwell is inadequate! it is a steep and a · roller coaster hill that is far from being user friendly THE ONLY ACCESS WITHIN THE BUSINESS DISTRICT ON CALLOW CLOSED BY THE CHARLESTON PLAN IS AT FIRST AND CALLOW ON TIlE WEST SIDE OF TIlE STREET--THE RESIDENCES AND BUSINESSES NOW USING THE STREET ARE NEGATIVELY IMPACTED FAIRNESS?? many (hundreds/thousands) residents of the area are cut off from their primary access to the business district by not being allowed to cross Callow at First street Observations of current crossings at First street indicate that this is a preferred route to access the Charleston business area by residents from the west side of Callow who have been the primary customers of many of the businesses in the Charleston area; using Burweil or Sixth or Faragut are not reasonable alternatives Although the beginning of the Charleston business district starts 2 at First street, the "entry" to the district is said to be Burweli: businesses from Burwell to First Street particularly those toward First Street and on the west side of the street are being treated with benign neglect or negatively impacted; blighted areas of business districts are created by such treatment by government agencies. Why shouldn't all of the business area have an equal opportunity to prosper and benefit from the planning and resources being made available to the business district? Resources provided by the plan are far from fairly distributed by the plan and give favor to the area on Callow between Burwell and 1 lth F:b,Y 2, 7 i~7 BUILDING DEPARTMEN1 May 25, 1997 To Whom It May Concern: Please find attached 2 copies of written comments pertaining to the proposed Charleston Business District Plan. The last date for written comment was noted to be May 26th. Since the 26th of May is a national holiday, there wasn't an opportunity to present them to you on this date; thus, I am hand delivering them on May 27th. The comments are critical of the plans closure of First Street on the west side side of Callow; not only negatively impacting the businesses on the west side of the s"eet, but also closing off.access of the residents living to the west of First and Callow. Nowhere else along the Callow in the proposed business district was access so flagrantly denied! In addition, the plan is partial to the business area between Burwell and 11 th; the remainder of the business district on Callow is given very minimal attention and for the most part neglected or treated as second class citizens. I am hopeful that the plan will be changed and equity/fairness to be shown for all businesses in the Charleston district on Callow avenue. Respectfully submitted are the comments of 1) Dr. Marvin Bruno of 103 N. Callow and 2) John Furtado of Lil John Automotive. Either or both of us can be contacted at your convience for further clarification or information. Marvin Bruno, Ph.D. Clinical Psychologist cc: Mayor Lynn Horton May 19, 1997 Donald L. Pratt Director City of Bremerton Depasi~nent of Community Development 286 Fourth Street Bremerton, WA 98337 RE: Charleston Community Plan April 16, 1997 Draft Dear Mr. Pratt: As owner of the Bremerton School District Property (NEC of Burwell and Montgomery, Parcel No. 142401-3-064-2008), I would like to take this opportunity to respond to the City's draft of the Charleston Community Plan CCCP"), dated April 16, 1997. My property lies on the eastern fringe of the Charleston Community, with frontage on a major transportation route (the northeast corner of Montgomery and Burwell). Our current development concept for this site is auto oriented and consists of four structures: 1) a convenience store/gas station/fast food facility; 2) a tunnel car wash; 3) a fast food restaurant; and 3) four, connected self-serve car wash bays. All of these auto-oriented uses are consistent with the current GB (general business) zoning for this area and appear to be allowable uses under the CCP. Our proposed site use will generate a vehicular, not pedestrian, customer base which is consistent with the CCP. In fact, the draft CCP recommends the development of new parking 10~$ fronting Montgomery Avenue (Policy 1, page 15). That recommendation clearly acknowledges the importance of this traffic corridor and its heavy use by automobiles. The function of a convenience store/gas station/fast food facility dictates certain traditional circulation patterns which affect its location and orientation on a site. An intersection-oriented building placement, set back from a corner, enhances the visibility of the service station and provides security during the evening hours. It also allows easy automobile access to gasoline pumps and fast food, drive-through windows. To enhance pedestrian safety, zones are designated on these type of sites to permit customers to cross circulation areas easily. By contrast, if this type of facility is located at a comer, its function forces it to be placed with "its back to the street" (rear walls in this type of building are windowless due to their functional requirements of their floor plans). Only one door can be used. In this type of scenario, pedestrians have to be routed around the sides of the building in order to enter the building. Appendix E, page 5 of the CCP indicates that automotive services, gas stations, car washes and related services may be allowe0 throughout the Charleston District zone under Special Use Permits (with the exception of properties fronting on Callow between Burwell and Eleventh). What criteria will the City use to determine Whether or not these uses are permitted? If these uses are currently allowable, what would motivate the CiLy to deny or condition these uses? Donald L. Pratt May 19, 1997 Page 2 Further, it appears that the five SUP criteria in the City's 1997 zoning code are somewhat redundant. These requirements, and our comments regarding them, are'provided below. (1) Is the proposal consistent with the City's Comprehensive Plan and either designated "SUP" in the Zoning Ordinance, or is being processed as an "Unlisted Use"? The uses in our proposal are consistent with the City's 1997 zoning for this area which is "GB" (General Business). These uses are categorized as "Eating & Drinking" and "Auto/Transportation". Under the CCP, these uses appear in the same categories, but the "Auto/Transportation" uses are shown as "SUP". (2) Will the proposal comply with all applicable development standards and requirements, including the availability of all needed utilities and services? These standards and requirements are met through the standard plan review process. (3) Will the proposal, along with any mitigation measures or other conditions of approval, avoid significant adverse environmental consequences? SEPA already provides for adequate mitigation measures. (4) Will the proposal be compatible with adjacent uses and surrounding neighborhood? The surrounding Charleston Neighborhood is primarily a business district comprised of mixed use development, pedestrian activities, retail and service business. Surrounding uses on three sides are "GB" (to the north is a large grocery store; to the west and south are retail businesses). To the east are single family residences zoned "MDR" (8 to 18 dwelling units per acre) with buffering and screening requirements in place. (5) Does the proposal comply with all other criteria or design guidelines that are applicable to the specific use or type of development? These standards and requirements are met through the standard plan review process. -fL_ Donald L. Pratt May 19, 1997 Page 3 The City should clearly articulate its concerns and intentions regarding allowable uses in the Charleston Community. The City must also specifically identify proposed criteria changes to the SUP requirements. It is crucial that this information be made available to property owners in the Charleston Community prior to the finalization of the CCP so that a complete understanding of the plan can be achieved. Thank you for your consideration of our concerns. We look forward to continued dialog on this subject. Very u-uly yours, Dean Straley '73 f l oAz TO WHOM IN MAY CONCERN THE MEMBERS OF THE CHARLESTON BUSINESS COMMUNITY WOULD LIKE TO EXPRESS OUR OPINIONS TO CITY OF BREMERTON AND TH]E DEPT. OF DEVELOPMENT. WE RECOGNIZE- THAT THE CHARLESTON BUSINESS DISTRICT WILL BE THE FIRST THING THAT PEOPLE SEE ON ENTERING THE NEW GATEWAY TO BREMERTON AND WE ACKNOWLEDGE THE FOLLOWING STATEMENTS AND OBJECTIVES OF THE CHARLESTON COMMUNITY PLAN. 1. THE BREMERTON COMPREHENSIVE PLAN IS A 20 YEAR PLAN 2. THE CITY WILL USE THE GENERAL POLICY STATEMENTS IN THE CHARLESTON COMMUNITY PLAN TO GUIDE FUTURE DECISIONS INVOLVED IN DEVELOPMENT PROPOSALS 3. THIS COMMUNITY PLAN IS INTENDED TO BE USED BY CITY OFFICIALS 4. THIS PLAN WAS DEVELOPED BY THE CITY WITH VERY LIMITED INPUT FROM MEMBERS OF THE CHARLESTON BUSINESS COMMUNITY. AS BUSINESS COMMUNITY MEMBERS WE WOULD LIKE TO SUGGEST THE FOLLOWING ACTIONS TO THE CITY OF BREMERTON AND DEPT. OF PLANNING. 1. DO NOT CHANGE THE LAND USE ZONING, THIS WILL ONLY DISCOURAGE BUSINESS PEOPLE FROM WANTING TO INVEST TINtE AND MONEY IN THE CHARLESTON BUSINESS DISTRICT. THE ONE THING THAT HAS KEPT INVESTORS OUT OF THE AREA HAS BEEN THE CONSTANT CHANGES THAT THE CITY KEEPS TRYING TO FORCE ON THE AREA. LEAVE THE ZONING GB. DO NOT CHANGE THE ZONING IN CHARLESTON BUSINESS DISTRICT(DO NOT ADOPT A NEW CD ZONE) . LEAVE THE AREA ALONE. 2. ACCESS TO CALLOW BUSINESS'S AND PARKING SHOULD BE A PRIORITY. TO NOT ALLOWED AUTOMOBILES INSIDE CERTAIN ZONES WILL HURT THIS AREA. . CHARLESTON BUSINESSES ARE AUTO - OR]]ENTED BUSINESSES PLEASE UNDER STAND TI[IS. PRESERVE THE PARKING ON CALLOW ( on street parking).IT IS A MUST WITH THE BUSINESSES THAT EXIST ON CALLOW BETWEEN BURWELL STREET AND 11~4 STREETS. THE AUTO AND ITS USE IS PARAMOUNT TO THE BUSINESS DISTRICT OF CALLOW AND IF FUTURE PARKING LOTS THAT FRONT ON CALLOW ARE NOT ALLOWED IT WILL HAMPER BUSINESS. TRAFFIC IS ONLY A PROBLEM 1 HOUR A DAY. (NOTE SEVERAL BUSINESS OWNERS WERE ON THE STREET COMMITTEE). 3. ENCOURAGE PROPERTY AND BUSINESS OWNERS TO INVEST MONEY IN THE CHARLESTON(CALLOW) BUSINESS DISTRICT. PLEASE DO NOT TRY TO REGULATE PEOPLE TO INVEST IN THE AREA. THERE ARE A LOT OF CALLOW BUSINESS PEOPLE THAT WORK HARD TO MAKE A LIVING. WHEN PEOPLE WANT TO INVEST MONEY IN ~ AREA THEY WILL DO SO_LANDSCAPING IS NICE BUT DO NOT FORCE IT ON THE BUSINESS MERCHANTS. A NICE LANDSCAPED PARKING LOT IS A LOT BETI'ER THEN AN OLD BROKEN DOWN EMPTY BUILDING . THANK YOU SIGNED BUSINESS/PROPERTY OWNER AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Public Hearing RESOLUTION:~ 1997 Applicant : Pacific Topsoils, Inc. FOR AGENDA OF: ORIGINATING DEPT: June /~, Dept. o f Comm. Dev. Location: 350' west of Wheaton Way on Riddell Road ORIGINATOR: Matt Mathes DATE SUBMITTED: 5/27/97 2. CLEARANCES: (Comment on back if necessary) 3.EXHIBITS: Comm. Dev~ . ~~_ 1 - Staff Report Director of ~ity Attorney: ~-f~~-- -~' 2 - Site Plan Fiscal/Budget Comm: N/A Quasi Judicial Operations Comm. N/A Quasi Judicial ENDORSEMENT ~i INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMM,~Y STATEMENT mD REQUIREMENT FOR COUNCIL ACTION: Pacific Topsoils, Inc. has requested approval of an unlisted use, which requires a Special Use Permit and site plan approval. Planning Commission has reviewed the unlisted use aspect on May 20, 1997, allowing public comment as a study session, recommending approval of the use "Landscape/Garden Materials Center" for the 19 acre site. The past use of the site along reports of noise, dust and traffic impacts by adjacent residents has placed the project approval on the June 4 meeting agenda for a final approval by City Council. 8. RECOMMENDATION: No.4~.~, approving (with conditions) a Special Use Approval of Resolution Permit and site plan for a Landscape/Garden Materials Center as an unlisted use on a 19 acre site. 9.RESPONSIBLE OFFICIAL: Donald L. Pratt ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: APPROVED D I SAPPROVE D AMENDED DATE: BREMERTON CITY COUNCIL A~NDA BILL (CONT.) 2. CLEARANCE COMMENTS: Fiscal/ Budget Committee: 1) Consider time limit maximum for earthwork operation noise (3-5 years, for example) 2) Consider allowing an SUP issued for applicant only, not property. 5. IMPACT OF NON-PASSAGE: Applicant: Approval of Site plan and Special Use permit will be denied and business & occupation license currently on-hold will be canceled. City: Preparation of a co~t~,~ercial development site will be discontinued and a landscape materials outlet will not be operational. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Code enforcement of site plan conditions and applicable codes o RESEARCH SOURCES: File # SUP97-0005 Chapter 6 & 21, B~4C Ms. Sherrill Huff-Menees Bremerton City Council Bremerton, WA, 98310 "RECEIVED CITY COUNCIL OFFICE" 9 June, 1997 Ms. Huff-Menees, Recently, the Bremerton City Planning council held an open meeting; in spite of strong protest fi:om a number of residents of the adjacent area, they voted (with only one dissent) to allow the Pacific Topsoil Company to assume usage of the property owned by Mr. Ross, behind the Petco shopping center. The operation agreed upon was for industrial topsoil and compost manufacture which would be operational between 07:00 AM and 10:00 PM. This would necessarily involve a large amount of commercial truck traffic. Pacific Topsoil would additionally be operating a commercial front-end loader equipped by an OSHA required back-up alarm. Operating during most of the above stated hours would also be a "Crusher/Mixer" with its attendant vibration. Vibration of similar equipment, in the past has had an adverse effect on the "David Drive" neighborhood, above and to the west of this property. Most of the land is sand based and the constant vibration has created shifting (dropping) of areas in the properties and sinkholes have begun to appear in numerous places. It is unknown how adverse the effect has been on the extremely old and large pines, which stand at the rear of many of the properties on David Drive. As it would seem that the City of Bremerton is determined to allow this business to operate in this area, in lieu of other quieter and less vibratory endeavors, we of the David Drive Neighborhood would request the following considerations: · Many are on shift work and sleep late in the morning; therefore we request that the hours of operation be constrained to 07:00 AM to 7:00 PM. · It is requested that no Crusher/Mixer operations be commenced prior to 10:00 AM. · In the interest of family ability for backyard recreation on at least one weekend day, it is requested that the operation be curtailed on Sundays. It is requested that a monitoring agency be established for this endeavor and a complaint hotline be established in the case that Pacific Topsoil Company · does not live up to their stated promises. With the new requirements of complete written disclosure on the sale of real property, the residents of the David Drive Neighborhood feel that we may end up open to lawsuit fi.om those who purchase our homes (should we sell). The aforementioned, says nothing of our concern with the possible depletion of our property value, in light of the inception of Pacific Topsoil Company's operation. Thank You, Richard H. Roberts Co-submitters: Dale Herbold Janet Jorgenson Karen Christensen Robert Bettes Rudy Diaz Ms. Brooks 524 David Drive 522 David Drive 517 David Drive 519 David Drive 521 David Drive 530 David Drive RESOLUTION No. ~'~ dP ~ Resolution accepting the Special Use Permit, providing and allowing a use entitled" Landscape/Garden Materials Center", which is an unlisted use in a General Business zone category, for a 19 acre site located within the City of Bremerton, WHEREAS, the applicant and proponent, Pacific Topsoils, Inc. has made application for a Special Use Permit and Site Plan review for a 19 acre site, and WHEREAS, the Planning Commission recommended that an unlisted use be allowed on the subject site on May 20, 1997, and WHEREAS, the Bremerton City Council conducted a public hearing on June 4, 1997, and WHEREAS, the Bremerton City Council considered the staff report, the oral and written public comments, and NOW, Therefore be it resolved by the Bremerton City Council approves the Special Use Permit, with conditions (outlined under Section VI. Development Conditions), as written above to allow a "Landscape / Garden Materials Center "as an unlisted use for the 19 acre site located west of Wheaton Way and south of Riddell Road. PASSED by the City Council this __ day of June, 1997. APPROVED this day of June, 1997. DAVID FARR President, City Council ATTEST: LYNN HORTON, Mayor Kathleen L. McCluskey, City Clerk SPECIAL USE PERMIT (SUP) SITE PLAN REVIEW (SPR) Landscape / Garden Materials Center Files: SUP97-0005, SPR97-0004 Prepared by Matt Mathes, Land Use Specialist L SUMMARY A. Applicant Pacific Topsoils Inc. represented by Mr. Jim Lindsay B. Application Site Plan Review & Special Use Permit - "Landscape/Garden Materials Center" with building, parking, landscape and utilities on 19 acre site. C. Location Wheaton & Riddell Road Area City of Bremerton D. Attachments Applications: SPR & SUP Site Plan Letter - DNR, dated 11/22/97 Planning Commission Minutes 5~20~97 Ii. BACKGROUND A. Project Description The Community Development Department has been review a Special Use Permit and site plan which will allow the construction of a landscape and garden materials center. The project consists of primarily outdoor use areas defined as storage, processing, sales of primarily soil products of various mixtures. The site plan includes a jobsite shack initially (300 SF). A future phase may include a small building for administrative offices, up to 1000 SF.). The building is one story in height. Significant landscape planting areas would surround the site along property perimeters. All of the parking areas are located within the interior site area surrounded by perimeter buffer. Approximately 99% of the site is left in open space and/or pervious material, in the built out condition shown on the site plan submittal. B. Comprehensive Plan The Comprehensive Plan Map Designation for the site is General and Highway Commercial (C-G). The Comprehensive Plan seeks to ensure an adequate commercial areas to meet the changing needs of Bremerton residents. C. Zoning and Use The Zoning Map Designation for the site is General Business (GB). The proposed use" landscape and garden materials center" is considered an unlisted use due to the nature and extent of soil processing operations. A component activity (Nursery and Garden Supplies) is allowed within the GB zoning district as an allowed use as provided in Chapter 21, Bremerton Municipal Code, Figure 140. The code does not list or define a landscape and garden materials center, with earth and soil processing operations. The Community Development Director has determined that the application is subject to the Special Use Permit approval process which includes Planning Commission approval, under 21.02.150 (c). There is potential for possible controversial reactions as a result of the past site operations and possibly the proposed application. There have been a few phone calls for more information and several calls with negative reactions to past activities onsite. It is expected that attendees of the 6/4/97 meeting will not fully understand the differences between the past illegal operations on the site, which have ceased and the applicant proposal for a local operation. The applicant will clarify differences between the Bremerton site and larger regional operations managed by the applicant at sites located in Roy, WA and Bothell, WA. The staff presentation will clarify the regional importance of the nature of the proposal as well as local and state laws affecting operations. D. Surrounding Land Use and Zoning: Most of the west property limit is adjacent to single family yards which are located in unincorporated Kitsap County. The predominant land use context of the site is general business and / or shopping center zoning along two sides (east and south). Lands to the north of the site, north of Riddell Road is undeveloped with residential zoning. The adjacent property zoning and land use is as follows: ZONING LAND USE North UR -12 South GB East SC West UR-12 UR-20 Urban medium density residential General & highway commercial General & highway commercial Urban medium density residential Urban high density residential 2 E. SEPA: A Threshold Determination of Non-significance pursuant to WAC 197-11-34 was issued by the City's Responsible Official on April 29, 1997. An environmental impact statement was not required. II!. SITE DATA A. Total Lot Area B. Topography C. Utilities 19 acres (827,640 Sq. Ft.) Relatively level with some excavated areas at 1:1 slopes in central west site area. Water, power, telephone, storm drainage and sanitary waste water utilities are available to the site from Riddell Road frontage. Dm Other Regulatory Controls & Permits State controls include DNR regulations of mining, NPDES construction activity, regulation of biosolids and specifications governing production of compost materials for use on public projects. The city regulations include grading permit, water and sewer availability, and all sections of BMC Title 6, Solid Waste Management, including diversion of recyclables (clean green yard waste), refuse, litter control and noise control. Lot Development Requirements Lot development requirements of the GB zone compared to applicant provided information shown on the site plan, for Site Plan Review and Special Use Permit are as follows: Required Proposed Front Yard Setback Rear Yard Setback Side Yard Setback 20 fl. 20 ft. 10ft. * 10ft. Height 10 ft.,50 ft. ** (west) -0- ft. (east) 60 ft. 10 ft., 50ft. 10ft. 35 ft. Lot Covera.qe 100% Allowed .1% at buildout 3 Landscape Plan YES Provided * The rear and side yard setbacks are 10' adjacent to residential zone, no setback for all other zones. ** A portion of the side yard setback is affected by the existence of a steep cut bank. See Paragraph I. Parking There are two issues ~ number of required parking spaces and protection of city from use changes which affect parking requirements. The parking requirement for an unlisted use or facility which is not identified in the Bremerton zoning ordinance is addressed in BMC 21.02.670 (d)(1). The proposed use which can be most closely related to a landscape and garden center under a listed for Garden Nursery which would require one space per 400 SF gross floor area or 1 space per 500 SF of building and outdoor display area. Since the applicant provided site layout reflects a sales office building (300 SF max), the basis for calculation is a minimum of 400 SF. Thus, 2 parking spaces are required (one regular space, one barrier free van accessible space, per WAC 51-30- 1107.1.5.). The unlisted use provision is less restrictive for required Off-street parking. The unlisted use requires 1 space per 500 SF, under 21.02.670 (d)(2). Given the SEPA checklist program of 1000 SF as a potential built out size of building (an initial building size of 300 SF is the permitted size), the special use parking analysis must use the applicable parking criteria to include both indoor and outdoor sales areas for parking requirements at the time of a request to permit any building larger than 300 SF or use of outdoor bins for display. Any changes to the permitted activity which affect parking are covered under any future permit applications. Given the facility type and the anticipated use, the proposed 6 parking spaces (one van accessible space per WAC 51-30-1107 which also serves as one barrier free accessible space) will be an adequate provision for the special use permit. It is recommended that the applicant be required to initially install the 2 required spaces, which are to be paved per BMC 21.02.610. Access onto neighborhood streets Two vehicular access points are shown on the site plan, located along the east side of the site with access to Riddell Road and Wheaton Way, provided by easement. Both access locations are Considered private drives and are not subject to right-of-way improvement requirements, the drives serve fire, emergancy and service access to existing shopping center buildings and are intended for truck traffic. 4 Street Frontage Improvements Riddell Road frontage does not have curbs, gutters or sidewalks. As a condition of the special use permit approval, the property owner is required to agree to enter into in a frontage improvements agreement to provide future frontage improvements or a Local Improvement District (LID) for future improvements to Riddell Road. Site Development, Grading and Setbacks A steep bank cut is located in the central area of the site is located across the western portion of the site. The initial report of the condition is a letter from DNR dated 11/22/96. The setback along west property line is affected by the designation of lands situated on the applicant site. The City of Bremerton hereby designates a portion of the central western area of the 19 acres which is estimated to be less than 5 acres in size, adjacent to approximately 500 feet of west property limit as Geologically Hazardous Area with Landslide Hazard areas classification. The Bremerton Critical Lands Ordinance defines Geologically Hazardous areas under 21.02.100 (b) (3) as Landslide Hazard areas as: Any area with a slope of 40% or greater and with a vertical relief of ten or more feet. The area in question is steeper than 40% and over 10' vertical. The applicant and property owner have expressed an interest in elimination of the cut bank condition which exists on the site, evidenced by the SUP/SPR/SEPA submittal to the City of Bremerton, as a part of the approved plan. Land modifications are allowed under the standards of 21.02.100, provided it can be demonstrated that: a. If the proposal will not increase surface water discharge or sedimentation within said landslide hazard area; b. If the proposal will not decrease adjacent property slope suitability; c. If it can be demonstrated through geotechnical analysis that there are no significant risk to the development proposal or adjacent properties, or that the proposal can be designed so that the landslide hazard is significantly eliminated. Although the applicant initially expressed interest in correction of the existing site condition, no geotechnical evaluation has been provided. The existing condition has been considered as a designated area subject to setbacks, which will be added to the citywide map. Here is an outline of the process to eliminate the 50' Critical Areas setback requirement: 5 A Geotechnical Evaluation is required. A Special Use Permit application, with SEPA is required. A condition to permit would include evaluation for the restoration of the above described condition onsite. The report must indicate the method and procedure for fill placement on the cut slope in a hazardous condition so the restoration will not adversely affect water quality, stormwater runoff or be detrimental to the applicant or other properties or the City as a whole. The geotechnical evaluation and the prescribed site restoration may be undertaken and completed to satisfaction of City Engineer so as to eliminate the landslide hazard condition. The 50' buffer requirement under 21.22.100 (c)(2)(ii) along the west property limit replaces the zoning category setback of 10' wide landscape area. A separate action by city, under the Special Use Permit process, would be required to remove the 50' setback. Lighting All lighting will comply with 21.02.610 (h) (1) & (2) which requires parking areas be lighted for safety of pedestrian and vehicle circulation. Lighting systems shall be designed to adequately illuminate the parking areas while preventing the direct illumination of adjacent properties. Storm Water & Drainage A drainage plan is not required under 21.02.590 (I) (1) & (2), based on the expected size of the required parking area for 6 spaces (2000 SF) which is under the 5000 SF size which involves a requirement for review. Landscape & Perimeter Buffer A combination of existing vegetation and new plantings will meet the landscape requirement for planting in setback areas. The applicant has indicated the size and type of planting for planted areas at the entry access. The perimeter areas which are existing vegetation are shown on the preliminary site plan. Community and Planning Commission Meetings There were no required meetings prior to Planning Commission review. No meetings were held by either applicant or city. On May 20, 1997 the Planning Commission approved Landscape / Garden Materials as an unlisted use for the 19 acre site. Public comments were allowed as a study session meeting, in order to distinguish public comments on past operations from applicable comments to proposed operation. Technical Staff Reviews 6 The project has been reviewed by engineering, fire, buildings, code enforcement, zoning and environmental staff members. There were comments from engineering staff for parking space layout, a suggestion to limit grading operations to 3 acres at any one time, to conform to DNR permit thresholds. The applicant clarified that no sewer utilities are expected for the day use job site trailer type facility. If a sales office (building) is installed, the city would require water and sewer extensions at time of building permit along with barrier free restrooms. IV. CRITERIA FOR APPROVAL The City Council shall approve a Site Plan and a Non- Administrative Special Use Permit under the Type III Decisions Procedure as outlined in Fig. 840 of Chapter 21, Bremerton Municipal Code. On May 27, 1997 the Community Development Director determined that the nature of the project merited a Type III decision. Criteria For Special Use Permits The City Council may approve special use permits only if the following statements are answered yes: Is the proposal consistent with the Comprehensive Plan,... or an unlisted use? Response: Yes, the application is an unlisted use which is otherwise in compliance with and consistent with the Comprehensive Plan. Will the proposal comply with all applicable development standards and requirements, including the availability of all utilities and services? Response: Yes, the application reflects adequate utilities and services. The development standards applicable to the site include parking Lot Development Standards, Landscape Plan Standards and Outdoor Storage standards as well as requirements for Special Use Permit. o Will the proposal, along with any mitigation measures or other conditions of approval, avoid significant adverse environmental impact ? Response: Yes, additional mitigation measures have been identified in the areas of moisture control of material storage, dust control, hours of operation and truck traffic created offsite road cleaning procedures. The measures are reflected in the applicant SEPA checklist and as proposed permit conditions. Noise regulation is provided under BMC Chapter 6.32. ° Will the proposal be compatible with adjacent uses and surrounding neighborhood ? 7 Response: Yes, with additional measures of control of dust, hours and noise, the unlisted use can be considered compatible. There is no regulation which excludes the unlisted use which the applicant has proposed for the subject site. There are prescribed setbacks and buffers which are intended to allow the proposed use and the existing land uses to exist adjacent to one another. Will the proposal comply with all other criteria or design guidelines that are applicable to the specific use or type of development ? Response: Not applicable. There are no other overlay zones or design guidelines which apply to the subject property. The staff finds that none of the following six criteria of a Type IV Decision which would otherwise be made by City Council applies to the project submittal: 2. 3. 4. 5. 6. Annexation Urban Renewal Plan District, community, neighborhood or other special area plan Comprehensive plan amendment Development regulation adoption or amendment Zoning map Amendment Based on staff review of the above six criteria, the special use permit falls within the Type III (rather than a Type IV) decision category. Criteria For Site Plan Review Bremerton Municipal Code Chapter 21.02.850 includes the procedure and requirements for Site Plan Review, a Type III Decision made by the City Council. V. CONCLUSIONS 1. The" Landscape / Garden Materials Center" use may be allowed within the GB zoning district subject to a special use permit, as an unlisted use. 2. The proposal is consistent with the comprehensive plan General & Highway Commercial (C-G) land use. 3. The use bears a substantial relationship to the public welfare. 4. Adequate areas for parking and landscaping will be provided. 8 5. Essential public services are available and adequate to serve the proposed use. No significant adverse environmental consequences will result by this development. The applications meet the minimum criteria for granting approvals for Special Use Permit and Site Plan Review. VI. DEVELOPMENT CONDITIONS Planning staff recommends approval of the Special Use Permit and Site Plan for Landscape I Garden Materials Center application which meets the criteria for approval of a Special Use Permit and Site Plan Review as stated in the Bremerton Municipal Code. The approval shall be subject to the following Development Conditions: The Director of Community Development shall review and approve the Final Site Plan if it is determined to be in substantial compliance with the approved preliminary site plan. Minor administrative adjustments to the Final Plan may be approved by the Director. The Final Plan shall be deemed in substantial compliance if the following are true: The general use or character of the development is not changed. 2. There are no new or increased traffic or circulation problems. o The total number of residential dwelling units (rooms) has not increased by more than five percent (5%) over the number shown on the Preliminary Plan. The amount of approved open space has not decreased by more than three percent (3%). The property owner is required to agree to enter into in a frontage improvements agreement to provide future frontage improvements or a Local Improvement District (LID) for future improvements to Riddell Road. o The following site development conditions apply to the management, operations and activities which affect the site and are regulated under the Bremerton Municipal Code: 9 d) e) f) g) h) i) J) k) I) Provide continuous dust control during hours of operation to eliminate off- site air borne dust from operations. Remove yard debris (clean green) from the site daily to other regulated, permitted sites operated by applicant, to minimize odor producing conditions associated with product storage. Hydroseed graded slopes at 2: I max. when not in use. Maintain existing vegetation in landscape perimeters in a healthy condition, free from noxious plants, invasive species, trees which are not windstrong and debris. Limit measured noise from on site operations to allowable noise levels under BMC 6.32.040 (a)(b)(c)(d). Noise measurement shall be in accordance with BMC 6.32.050. No variances are hereby granted under BMC 6.32.070 for any aspect of the applicant's operation under this permit, except that the applicant shall limit equipment operation hours on Sundays and nation legally observed holidays to the hours of 9:00AM- 5:00PM and site equipment operation hours between April and October to the daylight hours in accordance with noise code (7:00AM-10:00PM), changing on the same day of the daylight savings time change to 7:00AM- 9:00PM hours from October to April, each year. Meet conditions of NPDES Construction Activity for temporary erosion control and stormwater runoff. Operate on not more than 3 acres at any given time for grading, excavation activities. Maintain and up to date Final Phasing plan on file with City of Bremerton Engineering and Department of Community Development to reflect the current three acre parcel for operations. Special Use Permit shall be in effect while the use allowed conditionally under this permit is continuing and the permit shall expire when the allowed use no longer exists at the subject site. Restore steep slopes to a 2:1 slope following procedure outlined in 21.22.100 The applicant shall comply with Bremerton Municipal Code which states: "If a Special Use Permit is not acted upon within one (1) year of final approval, it shall expire". Applicant shall submit a Final Site Plan which meets all conditions listed above. 10 PACIFIC TOPSOILS 14002 - 35TH SE BOTHZELL, WA 98012 A,tet . ZONING - GE-NE~ BUSDqESS '-" USE - LANDSCAPING/GARDEN MATE .?j. AL, -.~'--~.~:]:~ ~G~L~G OF TOPSO~S ~ ~T~ S~ES j~~~, ~,~ :~..,~:.. -z.~:: s~.~ ~ ,Area ,~ 2101