HomeMy WebLinkAbout09/03/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
SEPTEMBER 3t 1997
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
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 - August 20, 1997
#AB97-198 I
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Appoint Of Nick Garguile Sr., To The Parks
And Recreation Commission
B. EMS Heliport License Agreement
RESOLUTIONS
A. Resolution #2623, To Be Placed On The
November 4, 1997 Ballot For Emergency Medical
Care And Services Tax
#AB97-199 ~/
#AB97-?.00
10.
ORDINANCES
A. Ordinance #4605 (Second Reading), Amending The
Penalties For Violation Of The City Building
Code
(CONTINUED NEXT PAGE)
#AB97-196 3~
B. Ordinance #4606 (Second Reading), Adopting 1997
Comprehensive Plan As Amended
Ordinance #4607 (Second Reading (Second Reading)
As Amended, Revising The Official Zoning Map of
The City Of Bremerton To Maintain Consistency
With 1997 Comprehensive Plan Amendments
AGENDA BILL
-BREMERTON CITY COUNCIL
1. SUBJECT:MINUTES - AUGUST 20, 1997
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
September 3, i997
City Council
David Farr, President
8-27-97
2. ~/~_~: (comment on back
if necessary)
ENDORSEMENT INFORMATION
MAYOR
APPROVED BY COUNCIL ~~MITTA_L:
COUNCIL PRESIDENT
4. $1RgiA~Y. STATEMENT AND~REOUIREMENT FOR COUNCIL AcTION:
8. R~COMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFOR~ OFFICIAL:
.EXPIRATION DATE:
REV%EW DATE:
PULLED TABLED
COUNCIL DIRgCTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
.DATE:
AMENDED
TAPE #1485
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
AUGUST 20, 1997
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, August 20, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Carlos Montgomery, Sherril Huff-Menees, Lon Overson,
John Law, Cecil McConnell, A1 Colvin, Richard Neville. Councilman
Bob Winters was absent. Also, present were City Attorney Ian
Sievers and Acting Deputy City Clerk Gil Johnson
The meeting opened with the Pledge of Allegiance led by Council
President David Farr and the Invocation given by Reverend Louis
Sparks of the Abundant Life Foursquare Church.
President Fart made the following announcement:
(1) The City Council will hold a Study Session on August 27, 1997,
immediately following the City Council meeting. The topic of
discussion will be "Sinclair Landing Association Update."
(2) Bremerton Kitsap Access Television can be reached by calling
(360) 308-0139 or FAX (360) 308-0239.
CONSENT AGENDA
A. Minutes of Meeting -- August 6, 1997
#AB97-188
B. Minutes of Meeting -- August 13, 1997
#AB97-189
#0050
#0069
M/S/C/U(Neville/Montgomery)
presented.
to approve the Consent Agenda as
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 August 20, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 211836 through 211987 in the amount of $274,042.48; and
Regular Payroll for the period ending 8-15-97, in the amount of
$758,401.85.
COUNCIL MEMBER REPORTS
Mr. Colvin stated it was good to back after experiencing some
health problems the prior week.
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Mr. McConnell expressed his concern over the recent increase in the
number of drivers creating traffic hazards when crossing multiple
lanes to make left or right turns, proceeding through red lights
and speeding on City streets. He cautioned drivers to please
observe traffic laws.
Mr. Law reported he recently received a number of telephone calls
from constituents regarding new construction or remodeling projects
that affect view corridors and the lack of notification of such
projects to surrounding property owners. As a follow up, he has
asked the Department of Community Development, and briefly
discussed with the Mayor, the possibility of developing a
notification procedure to affected neighbors under those kinds of
circumstances.
Mr. Overson stated he was glad to see new activity taking place at
the Roxy Theater.
Mr. Neville extended a "welcome back" to Councilman Colvin; and
reminded everyone the Kitsap County Fair and Rodeo is underway and
will run through August 24.
Mr. Montgomery reported the last of the Concerts on the Boardwalk
was held on August 15. True to the tradition being carried on by
Carol Atkinson, all of the concerts experienced good weather and
large crowds. He hoped the Blackberry Festival will also enjoy
sunny and warm weather. He reminded everyone. The Missouri on The
Mainland Committee (MOM) is holding a Rally on September 6,
starting at 10:00 A.M., on the Boardwalk. This past week he had
the opportunity to observe the Street Department crews performing
street repairs to a very dangerous situation at the intersections
of Park Avenue and Olympus Street.
MAYOR'S REPORT
Mayor Lynn Horton reported she observed Mr. Montgomery, who was
wearing a striped safety vest, observing the Street Department crew
working. After seeing Mr. Montgomery sitting and watching the
repair working being done, she anticipated receiving a telephone
call from a concerned citizen questioning why a City employee was
"sitting" and watching other crew members work. She noted city
employees do appreciate interest shown by the Council members and
her as elected officials.
At the August 13 City Council meeting, several residents from the
Wycoff area expressed their concern over speeding traffic along
Wycoff Avenue. One of the speakers, Karen Boles, called the Police
Chief and expressed her appreciation of the effort by the Police
Department to help make their neighborhood safer. The Police
Department will be setting up a digital speed sign that will
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register the speed of vehicles as they travel along Wycoff Avenue.
She agreed with Mr. McConnell's earlier comments about people
speeding through the City and causing danger to others.
PUBLIC RECOGNITION
Elizabeth Buell, Bremerton resident, pointed out since the last
Council meeting, the masking tape around the exit sign in the City
Council Chambers had been removed.
Roy McInnis, Bremerton Resident, agreed with Mr. McConnell about
traffic hazards being created by drivers not following traffic
laws. He wasn't sure if he understood Mr. Law's comments about new
construction/remodeling creating problems for residents; however,
he welcomes new construction in Bremerton. He noted he did not
personally attend the August 13 city Council meeting due to his
visiting with Mr. Colvin at his home. Mr. Law clarified his
earlier statement regarding view corridors.
8A - CLAIMS ADMINISTRATION CONTRACT - JOHNSTON & CULBERSONt ~AB97-
190
The city self-insures its workers' compensation obligations and
utilizes the services of a certified third party claims
administrator to make claim payments. In March 1996, the City
selected Johnston & Culberson to administer its claim after a
formal RFP process. The current contract with Johnston & Culberson
expires on August 31, 1997, and the city wishes to extend it for an
additional 17 months. The annual fee for this service will be
$13,650 for the first 50 claims and $260 per claim for each claim
after the first 50.
Peq~ Lessor, Risk Manager, explained this item had been discussed
at length at both Council committees. She would be available to
answer any questions Council might have.
Public comments - none.
Mrs. Huff-Menees stated because the recommended motion includes a
reference to text, she asked Mrs. Lessor to explain why item "4C"
should be stricken from the contract? Mrs. Lessor stated the
amendatory endorsement has a paragraph designated as "C" stricken
from the contract. The City's Claims Administrator is of the
opinion that paragraph "C" might have some financial benefit to the
City; however, she did not agree with that opinion. In order to
resolve that difference of opinion, the City Treasurer will conduct
a financial analysis of the impact of leaving that paragraph in the
contract. If the financial analysis concludes that the City will be
in a better financial position with the inclusion of the paragraph,
Ms. Lessor will be notified and the paragraph will be reinserted in
the contract. The intent of the proposed motion is to provide the
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City Treasurer the opportunity to conduct a financial analysis,
which has not been completed.
Mr. Law noted he supported the removal of paragraph "C," based on
the lengthy discussion of that item during the Council Operations
Committee meeting.
Mr. McConnell asked if the City Treasurer's analysis determines
that it would be to the City's benefit to include the paragraph,
would it be reinserted automatically or would it come back to
Council for further action? Mrs. Lessor pointed out the
recommended motion is that Council provides staff with the
authority to add that provision back into the contract without
further Council action.
Mr. Overson questioned the financial comparison between the
previous contract and the proposed amendment? Mrs. Lessor stated
the proposed amendment has a longer term than the earlier contract
and includes a slight fee increase (4%).
M/S/F(Montgomery/Colvin) Motion to approve the amendatory
endorsement to the Professional Services Agreement with Johnston &
Culberson, excluding paragraph C.
Mr. Overson stated his understanding of the recommended motion
would give staff the opportunity to review the financial
considerations and determine if it would be of financial benefit to
the citizens to include paragraph "C.' He did not support Mr.
Montgomery's proposal, which would take away that opportunity for
a financial analysis. Mr. Montgomery stated he based his motion on
Mrs. Lessor's opinion that there would be no benefit to the City.
Mr. Neville asked the City Attorney's opinion on whether or not the
City would benefit by including paragraph "C?" Ian Sievers stated
since staff is uncertain and is willing to investigate it further,
he would not take a position. Maybe it was more of a matter as to
who would review the study, i.e., Mayor or the City Council.
Apparently, Johnston & Culberson would be willing to add the
paragraph at a later time and it could be stipulated to have that
action brought before the City Council.
Vote on motion:
Motion failed.
In Favor:
Opposed:
Montgomery, Huff-Menees
Neville, Overson, Law, McConnell,
Colvin, Farr
Mr. Colvin asked if there is any advantage to the City if paragraph
"C" is included in the contract? Mrs. Lessor stated paragraph "C,"
as presented to Council in a deleted fashion, has both a cost and
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potential benefit. The Claims Administrator believes that the
benefit associated with that paragraph will result in a net savings
to the City. It is her opinion that the cost associated with that
paragraph will out weigh the savings. Part of what is driving this
action is the fact the contract will expire on August 31, 1997, and
she needs to have some kind of contract in place before the
expiration date. What is before Council is her own uncertainty and
she is looking to the City Treasurer's financial analysis ability
to determine any benefit to the City.
Mr. McOonnell questioned if it would be possible to include the
first part of paragraph "C" as an inducement? Mrs. Lessor stated
no, the Claims Administrator is unwilling to agree to such action.
Mr. Colvin questioned if he understood correctly that under
paragraph "C" the city would pay the Claims Administrator 15% of
the savings they obtain for the City? Mrs. Lessor stated Mr.
Colvin was correct; however, at the moment this Claims
Administrator and all Claims Administrators reduce fees and provide
the services for the basic contract charge. What this Claims
Administrator is proposing is charge the City the reduced fees and
then charge a little more of what they have reduced. She doubts
the Claims Administrator can save the City more than what they are
proposing as a charge and the data she has reviewed indicates that
is correct.
M/S/C(Law/McConnell) Motion to approve the amendatory endorsement
to the Professional Services Agreement with Johnston & Culberson
with staff authority to revise the endorsement to include paragraph
C, if financial review finds that provision to be beneficial to the
City.
Mr. Montqomery stated he supported excluding paragraph "C' because
he believes Mrs. Lessor and the City Treasurer have more important
responsibilities, i.e., 1998 budget preparation, than pursuing
further analysis of this contract. He believes their assumptions
will prove out to be beneficial for the City by not including
paragraph "C."
Mr. Cclvin asked the City Treasurer to comment on the benefit to
the City, if the recommended motion is approved. Rich Hanna,
City Treasurer, explained the recommended motion would delegate
authority to staff to conduct an analysis to determine whether or
not to include or exclude paragraph "C" from the contract. Any
benefit to keeping paragraph "C" in the contract has not yet been
determined.
Vote on motion:
In Favor:
Overson, Law, McConnell, Colvin,
Huff-Menees, Neville, Farr
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Opposed;
Montgomery
Motion carried.
9A - RESOLUTION ~2622 ADOPTING THE CAPITAL IMPROVEMENT PROGRAM
(CIP) FOR THE YEARS 1997-2002, ~AB97-191
The Mayor and staff have produced the attached CIP document for the
years 1997-2002. copies of the draft document have been provided
to Council for review and it has been presented to Council in Study
Session. It is now requested that the Council adopt the CIP for
the years 1997 - 2002.
Mayor Lynn Horton state for several years the City has had a
Capital Improvement Plan and over those years it has become a
better document. Her goal is to include as many of the capital
requests as possible so that the document can be used as a road map
and tool, for discussion purposes, in financial planning for the
City. In past years, amendments would be made to the Plan when
projects would materialize, but had not been included as a future
project. There are multiple projects within the proposed document
that may not be constructed during the life time of this plan.
If projects are brought up "midstream,' it invalidates this
planning process. There may be items within the plan that Council
may disagree with, but her intent is to have them identified and
then brought to Council for discussion. In preparation of the
plan, input was received from all City Departments; however, not
all proposals were included because the City does not have the
financial resources to complete them within the next 5-year period.
Public comment - None.
Gil Johnson, Acting Deputy City Clerk, read the following statement
submitted by Councilman Bob Winters, who was not present at the
Council meeting: "Councilman Bob Winters cannot support this
document as presented based on two reasons: (1) $355,000 for an
erosion control facility for fluoridation; (2) cannot support the
cost of $3.5 million for a new City Hall."
Mr. Overson stated he recognized Councilman Winters' concerns;
however, a Capital Improvement Plan has to be somewhat aggressive
and a type of wish list that is optimistic, particularly the way
funding programs become available, which then gets pruned by
reality when the financial feasibility is established. He urged
his fellow Council members to support the proposal as presented.
Mayor Horton pointed out the inclusion of a new City Hall might be
a misnomer. It may be a rehab of the current building. If the
rehab of the current City hall is selected, she would like to look
at incorporating an on-site jail facility (24-48 hour holding
facility), which is where most of the City's jail costs with Kitsap
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County occur. It also may make sense to look at a new downtown
fire station in conjunction with a remodel of the existing building
or new facility into one location.
President Fart stated in regard to Mr. Winters' comment about the
expenditures for fluoridation, it was his understanding
implementation of fluoridation would be combined with the erosion
control facility, which was previously approved by a unanimous vote
of the Council earlier in the year.
Mr. Nevills stated he was in total support of the CIP Plan and
great strides have already been made following the plan, i.e.,
Campus Evergreen Plan, Charleston District Plan, Harrison District
Plan, etc. Once an item is in the Plan, the City can look for
grant funding or other funding sources that look favorable on
proposals that were identified and adopted into a plan for future
consideration.
Mr. Colvin pointed out the CIP is not etched in concrete and he
will support the document as presented.
M/S/C/U(Montgomery/Huff-Menees) Motion to pass Resolution #2622
adopting the City of Bremerton CIP for the years 1997 through 2002.
10A - PUBLIC HEARING - 1997 DOCKET OF COMPREHENSIVE PLAN
AMENDMENTSw RELATED REZONES AND THE ADOPTING ORDINANCEw ~AB97-192
The Bremerton Comprehensive Plan may be amended only once each
year. The process begins with the April 1 deadline for
applications. This year's ten amendment proposals were submitted
to State agencies and other individuals and jurisdictions for
review, and were processed by staff and the Planning Commission
before arriving at the city council for final public hearings. Six
proposals, if approved, will require Rezones to maintain
Plan/Zoning consistency. To expedite the process, the Planning
Commission has considered their zones at public hearings and staff
has scheduled both the Plan Amendments and their related Rezones
for simultaneous action by the city Council. Because of the number
of proposals and the complexity of some, the public hearing has
been divided into two parts. It will begin on August 20 and
continue to August 27 to allow time for questions and discussion.
President Fart announced the items to be discussed during this
hearing will include: (1) Harbor Heights Apartments - Plan
Amendment and Rezone; (2) Bremerton School District - Plan
Amendment and Rezone; (3) Auto Center Area Industrial - Plan
Amendment and Rezone; (4) Broad Street Residential - Plan Amendment
and Rezone; (5) South smith code - Plan Amendment and Rezone; (6)
Merit Company - Plan Amendment and Rezone; (7) Waterfront Access
Plan - WAP Amendment only. This hearing will be continued to
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August 27, 1997, where the following items will be discussed: (8)
Land Use Descriptions - Plan text amendment only; (9) Removal of
"cemetery" Designation - Plan text amendment only; continuation of
earlier discussions from August 20 City Council meeting; and first
reading of ordinances, adopting Plan Amendments and Rezones. The
final vote on the ordinances will take place on September 3, 1997.
He emphasized Council will limit public comment to one comment per
person per item and to limit those comments to 3-minutes.
President Fart asked the "Appearance of Fairness/Conflict of
Interest" question with all Council members being seated.
Ron Hough, Planning Manager, pointed out public notice of this
hearing was sent out to the surrounding property owners for the
seven items that will be discussed during this hearing. The
Planning Commission processed the items in June through the Plan
Amendment process. During the interim, the State had a 60-day
period for commenting. The City received some comments from the
following State agencies: State Department of Community Trade and
Economic Development (comments were positive and would not impact
what is being proposed); Washington State Department of
Transportation (comments were fairly neutral). To streamline the
process, the Planning Commission processed the related Rezones in
July so that could be brought to Council along with the Plan
Amendments. Six of the seven items are being considered as
combined Comprehensive Plan/Rezone Amendments.
(1) Harbor Heights Apartments - To change the Comprehensive Plan
designation from "U" (Utilities) to "MDR (Medium Density
Residential) on a small area of the West Hills neighborhood south
of Roosevelt Avenue. This is part of a larger parcel that was
recently annexed with the designation "MDR" and consistent (MF)
zoning. Related Rezone proposals would change the zoning of two
small parts of the development from "FM" (Forest Management) and
SF-3" (approximately 1/3 acre - Residential Low Density" to "MF"
(Residential Medium Density)" to be consistent with the Plan
designation and to ensure that the designations of the entire
property are consistent. During the Planning Commission
discussion, there was no opposition and the Planning Commission
recommends approval for the Comprehensive Plan Amendment and
related Rezone.
Public Comment - none.
Mr. Montgomery questioned if City sewer service was available to
the subject area as described by Mr. Hough? Mr. Hough stated
sewers will be available to the site.
Mr. McConne11 questioned if the subject parcel was involved in a
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previous land trade transaction?
was correct.
Mr. Hough stated Mr. McConnell
(2) Bremerton School District - To change the designation of two
small lots fronting on the east side of Wheaton Way from "S"
(School) to "C-G" (General & Highway Commercial). The property is
undeveloped and has been used for many years for access to an
elementary school and for parking. The related Rezone proposal
would change the zoning from "PS" (Parks & Schools) to "GB"
(General Business) to be consistent with the Plan designation. The
School District no longer needs the property for school purposes
and would like to make it surplus and sell it for development. The
District requested that the zoning be changed to the same
designation as the properties on the north and south sides of the
site. If the commercial designation is approved, the next step
would be to rezone the sites to a commercial designation. The
Planning Commission's recommendation is to designate the area GB.
Mr. Hough noted two letters ( Bettie Schwendemann, 1115 Dibb
Street; and C. W. Wareham, 1111 Dibb), opposing the proposed Rezone
were included in the documentation and were also considered by the
Planning Commission.
Public comment - none.
Mr. Montgomery referenced Page 13 of the Plan Amendments, item #3
Transportation and quoted: " .... where left turn movements are
nearly impossible much of the time. This proposal is good for
traffic." He did not understand what was meant by that statement
considering making left turns onto Wheaton Way, regardless which
side of the street, is not good for traffic. He also referenced
the State Department of Transportation's (DOT) letter in which it
states: "The city of Bremerton may want to consider taking
advantage of the State access management law and prohibit left turn
lanes at this location." Mr. Montgomery noted if the City followed
that recommendation, it could be done along the entire corridor.
He believes any references to left turns is moot. Mr. Hough noted
the State was referencing school traffic coming in and out of that
location. He quoted from Mr. Brotherton's letter (DOT): "...Given
your description, we support your suggestion to route school
traffic onto other streets rather than use Wheaton Way. The City
of Bremerton may want to consider taking advantage of the State's
access management law and prohibit left turn lanes at this
location." He noted that may be a follow up consideration later on
when the Wheaton Way corridor is studied. Mr. Montgomery stated he
views left turns in that area to be a problem whether it has to do
with schools or businesses.
Mr. Overson stated he would not hold up a proposed rezone based on
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traffic. There are other ways to solve traffic problems, such as
more stop lights along the Wheaton Way corridor, which would allow
access into malls/shopping areas within the City. He encourages
staff to pursue that suggestion. Mr. Hough stated there has been
discussion about a Planned Unit Development on the larger school
site, if it becomes surplus. He noted the number of driveways
along the Wheaton Way corridor does create traffic problems.
(3) Auto Center Area Industrial - To change the designation of two
parcels on a hillside west of the auto Center district of West
Bremerton from "C-P" (General & Professional Offices) to "IP"
(Industrial Park). The change will allow uses that are compatible
with light industrial character of the Auto Center area. The
related Rezone would change the zoning from "PO" (Professional
Office) to "IP" (Industrial Park) to ensure consistency with the
Plan designation. Mr. Hough noted HMI Inc., requested this change.
Originally, the whole area was designated Heavy Industrial in an
earlier Compressive Plan and when it was reviewed consideration was
given to the hillsides, slopes, trees, access, visibility from the
freeway, etc., it was determined not to be the best place to site
Heavy Industrial, so it was down graded to Office Professional and
the current designation is CP, which is basically commercial and
professional offices. HMI Inc., feels there is not a market for
"offices" now or in the foreseeable future. However, because of
the other industrial activity in the Auto Center district, they
believed they would have a better chance to provide more uses that
were related to heavy commercial and industrial, which would be
more suitable for the hillside. The requested rezone would affect
Lots A and B, which are owned by HMI, Inc. When staff reviewed
that request, they saw that such a change would leave parcel C
designated as Office Professional, which was not desired, and
parcel D, which is a very narrow piece owned by Peninsula Truck
Lines, who also own the property next to it and using part of
parcel D as part of their operation. Based on that information,
staff combined parcels C and D with A and B and propose they all be
changed to the Industrial Park designation. If approved by the
City Council, the follow up rezone will change the designation from
PO to IP on all four properties. The Planning Commission
recommended the following conditions be applied to Lots A, B and C:
(1) New development shall be designed to encourage a campus-like
arrangement of buildings, parking, pedestrian walkways and open
space. (2) Ail areas not paved or built upon shall be landscaped
or left in natural vegetation to minimize dust, mud and erosion.
(3) Development projects shall be designed to include a minimum of
15 percent open space, exclusive of required setbacks. When such
open space is used primarily for hillside stabilization, visual
enhancement, or sensitive area protection, the City shall consider
waiving or reducing the requirement that 60% or more of the open
space be used for active recreation. (4) Outdoor storage of
/?
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equipment, materials, products, etc., shall be placed toward the
uphill side of buildings (not the view side) whenever feasible
and/or effectively screened from view with landscaping or a
combination of fences and landscaping.
Roy M~Innls stated he has always supported proposals to bring in
new business to Bremerton. However, because there has been a
history of a water problem in the subject area, he was concerned as
to what will be done to correct that problem.
Mr. M~Connell referenced Lot D, and asked if Peninsula Trucking
Company was aware of and agreed with what is being proposed for
rezoning? Mr. Hough stated letters and notices have been sent to
that company; however, he was not aware that they had responded to
that notification. Mr. McConnell asked if the City had sufficient
enforcement to address problems that might arise out of outside
storage of materials and equipment? Mr. Houqh stated the
recommendation would apply design review to ensure the design would
accommodate outside activities on the site. If there is a
violation of those conditions of approval of the site plan, the
city would follow up with enforcement.
Mr. Montgomery referenced a small strip of land on Lot B and asked
if it was a platted City Street or was it a private driveway? Mr.
Hough stated it is not a platted street nor is it an easement. Mr.
Montgomery asked if the City's street codes will insure
construction of curbs, sidewalks, and sewer service? Mr. Hough
stated no decision has been made on the access to the lots, which
will come along as the site plan is developed and processed. He
also noted there could be a connection made to Werner Road, which
would require some major improvements. Mr. Montgomer~ noted
Bloomer Street is in very bad shape and asked if it was used as an
access would the City be responsible for improvements? Mr. Hough
stated no, the developer would make the improvements if they used
it as access to their property. Mr. Montgomery noted the City does
have a plan to develop storm sewers in the subject area, which
would eliminate the stormwater problem.
Mr. Neville questioned the degree of slope to be considered a
"critical land?" Mr. Hough pointed out the slope can be
changed/graded to suit building needs. In the process of
development, steeper slopes may be formed that may have to be
landscaped or treated differently. He did not believe the slope in
the subject area is considered a sensitive area. Mr. ~eville
thanked the Planning Commission for the effort put into each of the
items. Mr. Houqh pointed out not all of the criteria is listed in
the Staff Report. There is a list of criteria for the
Comprehensive Plan Amendments, a list of criteria for the rezone
and the 13 Statewide planning goals and all the goals and policies
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within the City's Comprehensive Plan.
Mr. Overson noted the applicant for the recommended change does not
own lots A, B, C and D, which he views as a mild contradiction.
Mr. ~ouqh explained the owner of lots A and B has given his
permission to the applicant to apply for the Plan amendment as a
future property owner and developer of the site. He noted the
owners of lots C and D were contacted and sent notices through the
entire procedure process; however, no response was received as a
result of that notification. Because the proposed rezone would
allow offices, he did not see how there would be any damage to the
lots and in fact would offer more opportunities for the site. Mr.
Overson questioned for clarification if the property had been
designated "critical land" or "sensitive" by any other methods?
Mr. ~ouqh stated no.
4. Bro&d Street Residential - To change the designation of two
small lots from "C-G" (General & Highway Commercial) to "MDR"
(Medium Density Residential). The lots are located at the entrance
to a new (MDR) residential development and not suitable for
commercial use. The related Rezone proposal would change the
zoning from "GB" (General Business) to "MF" (Residential Medium
Density)." Mr. Hough pointed out Broad Street is a short street
off of Wheaton way with some commercial businesses to the north and
to the south. The owners of the lots would like to change the
designation of the lots to residential from commercial since they
are located far enough off of Wheaton Way that there is no
visibility for passing traffic for commercial use and they are too
small to develop for any reasonable commercial endeavor and provide
the required off street parking.
Bob Mathwiq, owner of the subject lots, stated it is his desire to
expand the Broadmore Village project by two lots, which would clean
up the subject area. He has been unable to come up with any
commercial value to develop the lots and believes putting the area
into residential will enhance the entire block.
Mr. Montgomery referenced a letter from Paul Schmidt, who owns a 70
by 70 foot lot to the east of the two subject lots, in which he
states the proposed change would cause him undue financial
hardship. He asked what would Mr. Schmidt's options be regarding
his concern? Mr. Bough explained Mr. Schmidt could possibly apply
for a Special Exception relating to the "setback" requirements on
his property similar to what the property owner north of Broadmore
Village did after that earlier rezone.
5. South Smith Cove - (1) To show all areas north of Sheldon
Boulevard/Thirteenth Street and west of Highland, with the
exception of the union building at the corner of Highland, as "P"
TAPE #1485
city Council Reg. Mtg. Minutes
August 20, 1997
Page 13 of 19
(Park) and remove the "MU" (Mixed Use) designation from those
areas, this is the area of the Evergreen Park Master Plan. (2) To
Remove the "MU" (Mixed Use) designation from properties east of
Highland Avenue and replace with the designation "HDR (High Density
Residential). Two properties would be affected by this change. An
existing office building would continue to be a conforming use in
either of the city's high density zones. The owners of the larger
property have no interest in a mixed use or business type
development, they feel the site is best suited for a high-density
residential development that would take advantage of the views,
parks, recreation and other locational features.
Mr. Hough pointed out the Parks zoning was never extended south of
14th Street even though the City's Comprehensive Plan showed it
extending along Sheldon Boulevard. The current zoning of that area
is Business Park and it is now desired to bring that zoning into
consistency with the Comprehensive Plan by changing it to "PS"
(Parks & Schools) to cover the entire Evergreen Park Master Plan.
The union hall would be left in the Business Park zone and the
Standard Oil property and office building would be included in the
Mixed Residential Zone. The Planning Commission recommends
approval of the noted changes.
Gar Freymmnn, Bremerton resident, asked if the City intended to
fill in a portion of Smith Cove as an extension of Evergreen Park?
Mr. Houqh stated for clarification that the "fill" he referenced
would be the capping of the soil contaminated area. And, the
possible source of that fill may come from the construction site of
the new underground parking garage proposed in the Sinclair Landing
Project. It is not proposed to do any filling in of the water area
of Smith Cove
Mr. Montgomery questioned how close to completion is Standard Oil
Company in the removal of contaminated soils in preparation of the
site for development to residential use? Mr. Hough stated today a
representative from Standard Oil had indicated he would provide
comments for this hearing; however, his office did not receive
anything prior to commencement of this hearing. If comments are
received, they can be presented at the Public Hearing on August 27.
He did not know specifics about the clean up of contaminated soils,
but he was aware the owners have been talking with the Department
of Ecology (DOE) about a solution so they can develop the site into
residential. Mr. Montgomez~ questioned if the City wasn't a little
premature since DOE had not given their approval and shouldn't the
City act on that segment later? Mr. Houqh emphasized the approval
for construction would not be approved before DOE gave their
approval. He did not think it would necessary to hold that site
out of the proposed action since they would have to go through the
approval process. If the zoning was left as BP (Business Park),
TAPE #1485
City Council Reg. Mtg. Minutes
August 20, 1997
Page 14 of 19
there would be no guarantee they could get a rezone at a later date
and would have to wait a full year before a Comprehensive Plan
amendment could be processed.
Mr. Law questioned in regard to the Standard Oil property, if
Council approves a rezone, could a proviso be included that it must
pass environmental requirements before the zoning takes affect?
Mr. Houqh stated he was not sure that would be necessary, since it
would be a requirement for development to meet the minimum State
requirements. Ian Sievers, City Attorney, stated it is difficult in
land use planning to anticipate approval of other agencies. In
this situation, he agreed with Mr. Hough that there is not much at
risk, if in fact Standard Oil was not able to clean up to DOE's
standards to allow for a residential use. It would certainly be
grounds for another rezone amendment to some economically viable
use and that could be done any time.
President Fart asked if the Standard Oil site was on the State's
list of suspected and confirmed contamination sites? Mr. Sievers
stated yes.
Mr. Overson stated he believes Council should emphases concern with
what is best for the citizens as to the use of that property and is
it best to be multi-residential. In this case it appears that it
is, but whether it can pass all State requirements isn't within
Council's purview. He supported the proposed rezone designation
for that site.
TAPE #1486
6. Merit Company - To change the designation of approximately ten
acres of a 20 acre parcel at the southwest corner of Riddell Road
and Almira Drive from "MDR" (Medium Density Residential) to MU-PUD"
(Mixed Use/PUD). This will allow some existing businesses that
currently front on Wheaton Way to expand into an undeveloped area
to the east and to offer an opportunity for a mixed use
(residential/commercial) development on the site. The related
Rezone proposal would change the zoning from "MF" (Residential,
Medium-density) to "MX" (Mixed Use) to be consistent with the Plan.
Mr. Houqh pointed out the Highway 303 corridor (including Wheaton
Way) is continuing to develop as an important commercial corridor.
Large scale new developments, anchored by Fred Meyer, Safeway and
Wal-Mart and others have located along this corridor, but outside
the City limits. The unincorporated areas offer the advantage of
larger undeveloped parcels that are fully served with utilities and
urban services. Bremerton would like to provide opportunities for
commercial expansion of existing business within the City limits so
that they don't have to move into the unincorporated areas of the
TAPE #1486
city Council Reg. Mtg. Minutes
August 20, 1997
Page 15 of 19
County. The impacts of local expansion are significant in terms of
cost, service to increasing urban densities, reducing sprawl,
public transportation, reducing traffic congestion, and making the
most efficient use of our existing infrastructure.
The major concern of the neighborhood over this proposal is what
impacts will be felt by the residential community. One of the
solutions discussed by the Planning Commission was to allow the
change to MU, but make sure that traffic enters the site from the
west side through the shopping center. It was also suggested that
a 50-ft., buffer strip be required along Almira Drive if it is
developed as commercial. It the site is developed as a Mixed Use,
possibly in cooperation with the adjoining 10 acres, it could be a
mixture of residential and commercial. If residential fronts on
Almira Drive it would be consistent with the residential
neighborhood across the street and a buffer would not be necessary.
The Planning Commission liked changing the Zoning to Mixed Use (MX)
to allow the opportunities for a PUD that mixes different zones and
commercial with residential. The Commission also liked the idea of
providing a buffer. Conditions of approval include: (1) If a true
residential/commercial mixed use development is proposed for the
subject site, it shall be designed so that only residential uses
front on Almira Drive and non-residential uses are oriented toward
the Wheaton Way corridor. (2) Site design shall not allow
commercial traffic access from Almira Drive, but shall encourage
pedestrian and bicycle access from surrounding neighborhoods. (3)
If a commercial expansion is designed for the subject site without
residential along Almira Drive, it shall be separated from Almira
Drive by a buffer of landscaping and trees to a depth of no less
than 50 feet. (4) Development of the site is subject to site plan
approval by the Bremerton City Council following a Public Hearing.
Dave Manq&nette, resident on Westview Drive, referenced Mr. Hough's
Planning Commission item of August 19...the conclusions of that
agenda item document do not appear to be substantiated. He wanted
Mr. Hough to clarify the mention that this wooded 20-acre parcel
behind the commercial center has served as an effective buffer, but
then the conclusion continues that its loss should not result in
adverse impacts on the pease and stability of the neighborhood. He
also wanted Mr. Hough to respond to the enforcement of the
recommendations, which appear to have changed since the August 19
meeting wherein the buffer was identified as 100 feet. He believed
that the condition encouraging pedestrian and bicycle access would
have an averse impact on the peace of the surrounding neighborhood.
He believed most people were knowledge that the subject site is
currently used as a congregating area for illegal activities during
late night time hours.
TAPE #1486
City Council Reg. Mtg. Minutes
August 20, 1997
Page 16 of 19
Mr. Hough stated what he meant by his comment regarding the buffer
was that the 20-acres of natural vegetation and trees ~t had
buffered the neighborhood from the commercial for years. The
following statement in the August 19 document stated the proposed
change should not create adverse impacts on the neighborhood. The
idea is that a design should not be approved that will have an
adverse affect, but it may remove most of the existing buffer;
however, the Planning Commission is recommending that some buffer
be retained. He noted as of this date there is no proposal for a
project for the subject property. The Planning Commission held a
Comprehensive Plan Amendment hearing in June on this proposal and
most of the rezone issues were conducted in July. This item did
not come to the Planning Commission in July because they were a
little uneasy about what was being proposed, so it was held over
until August when the Planning Commission held its rezone meeting
on August 19. At that meeting, the buffer recommendation was
changed from 100 ft., to 50 ft., based on their discussion. The
four recommended conditions of a rezone would apply when a site
plan is submitted. If a plan was presented with only commercial
with no residential mix, then that condition would require a buffer
strip along Almira Drive. If a plan included a mix of residential
it would not require a 50 ft. buffer.
Elizabeth Buell, Bremerton resident, wanted to know what would be
behind the commercial buildings and she pointed out delivery trucks
are noisy and should be taken into consideration. Mr. Hough stated
that is a serious concern that will be looked at the time of the
site plan review.
Mr. Neville stated he recalled several years ago there was a
proposal before Council to use the 10-acre site for multi-family
residential and during that time the developer needed the adjoining
10 acres to be in compliance with the Growth Management act meet
needed housing stock for inner Bremerton. He questioned if that
was no longer the case? Mr. Hough explained one of the arguments,
at that time, was the City of Bremerton was allocated 20,000
people as the regions growth share and they had to arrive somewhere
within City limits. That was one of the arguments for zoning the
site Medium Density. At that time and currently, the site is
considered a good location for a residential development. Mr.
Neville questioned the rational of taking away half of the acreage?
Mr. Hough stated it is a balancing act between what is more
important bringing more people into the City or allowing more
economic development by trying to keep businesses within the City
and allowing commercial sites to expand.
Mr. Montgomery stated if the site is allowed to develop a
commercial use, the developer should be required to close the north
exit out of the shopping center onto Riddell Road and move that
TAPE #1486
City Council Reg. Mtg. Minutes
August 20, 1997
Page 17 of 19
entrance further down and install a traffic light. Mr. Hough noted
two letters were included in the documentation that addressed
traffic issues and misalignment of the Almira Drive intersection.
Mr. Montgomery questioned if the site is developed, will it require
the developer to install sidewalks and curbs along Riddell Road and
on the west side of Almira Drive? Mr. Hough noted at the time a
residential development is considered for the site and the approval
required that sidewalks, curbs, gutters and street improvements be
made. Mr. Overson pointed out Council was not looking at a site
plan at this time, only a zoning issue.
Mr. McConnell stated it was his understanding that when a part of
a property is rezoned it must be platted first and new surveys
taken and boundaries established. Mr. Hough explained the boundary
lines have been established and there is a legal description on
file. If this designation is approved, a short plat will follow.
He noted Mr. McConnell is correct, the City does not split zone
properties.
7. Waterfront Access Plan - To amend the Waterfront Access Plan to
remove the designation "Minor Viewpoint" from the Link 1-B and Link
1-C Plan maps at the east end of Eleventh Street Place and to amend
the text of the WAP to remove related viewpoint recommendations.
Link 1 of the Waterfront Access Plan showed a pedestrian trail
system leading from the Ferry Terminal along the boardwalk and
moving north inland using existing sidewalks to the Manette Bridge
and then around to Smith Cove, Evergreen Park and Olympic College.
The trail would be a series of pedestrian sidewalks that would
include signing and texturing to identify it as a pedestrian trail
system. Along this trail are areas that would be suitable for
viewpoints and one of those areas was an existing vacant street end
that is currently occupied by a garage and has been for several
decades. An adjacent property owner to this specific viewpoint
area inquired into the possibility of the City vacating that right-
of-way and using it for private purposes that would be spit between
the two adjacent property owners. The City decided it could not do
that because it is a designated Comprehensive Plan viewpoint. In
order to consider a vacation, the City needed to go back to the
Waterfront Access Plan and take it through the appropriate process
to determine if the City wanted to eliminate that particular
viewpoint. If it was eliminated, then the process of vacating the
right-of-way would proceed separately. This public hearing is to
consider whether or not the City wants to remove the viewpoint
from the Plan and allow the vacation to occur.
Mr. Hough referenced several letters, which were included in the
Agenda packet (Brad Rucker, 911 Highland Avenue; Raymond Gentz,
1102 Highland Avenue), opposing any action to remove the viewpoint
TAPE #1486
city Council Reg. Mtg. Minutes
August 20, 1997
Page 18 of 19
from the Waterfront Access Plan.
Gil Johnson, Deputy city Clerk, read letters of opposition from the
following individuals: Nicki M. Skotdal, 645 Fir Street, Edmonds
WA 98020 (owner of a property located at 114 llth Street); Ed
Rollman, 626 Highland Avenue, Bremerton (two letters dated August
7, 1997 and August 20, 1997); Wendy Clark, 904 Highland Avenue.
NOTE: Letters will be on file in the Department Of Community
Development File.
Councilman Colvin left the City Council Chambers at 7:25 P.M.
Jack Arends, Seattle resident, stated his mother, Carol Arends, is
a resident of Bremerton. He expressed his support of the City's
proposal for a pedestrian trail system along the waterfront and the
need to preserve pedestrian space and viewpoints. He cited other
areas where property was dedicated for such a purpose that has been
a legacy to several generations.
Ed Rollman, Bremerton resident, presented the Council members with
a packet of information that identified the human factor of the
subject viewpoint. He agrees with others who want to retain the
right-of-way as a park for community use. He sees the area as a
great place to hold neighborhood blockwatch meetings. He urged
Council to not remove the site from the Plan and to keep it in City
hands. His research, which involved contacting Municipal Research
Services, revealed there may be several laws governing any proposed
later surplusing of the site or land use changes for the site.
There is a Washington State Legislative Law 1896, that states if
a roadway is platted but not used as a roadway for a period of 10
years, the property reverts back to an open space and belongs to
all of the people. He urged Council to look at RCW 35.79 of the
Revised Code of Washington that has two chapters relating to this
proposal. If the City decides to surplus the subject site, he
believes it should be open to all bidders; however, he favors
keeping it as a community park.
Rex Garland, Bremerton resident, stated he opposed the amendment.
He apologized for not attending Planning Commission meetings when
this issue was being discussed. He pointed out the perceived
threat to security from this part of the Access Plan does not seem
to be the consensus within the neighborhood. The concerned people
should be encouraged by the good, quick emergency response within
the City. The value of the site is greater than the monetary value
it would receive if it was sold to an adjacent landowner. If the
City ever wanted to regain ownership, they would pay the difference
in value for that garage owner between the property with that
access as private property compared with the access being public
property.
/?
TAPE #1486
City Council Reg. Mtg. Minutes
August 20, 1997
Page 19 of 19
Lisa Garl&nd, Bremerton resident, stated her opposition to the
amendment, she was impressed with the response within her
neighborhood to maintain a neighborhood feeling and she is
encouraged that others are opposed to the City vacating this right-
of-way.
Mr. Overson stated he has received considerable input that strongly
supports retaining the subject area as a view site and that it
remain part of the Waterfront Access Plan. He agrees with the
reasoning of that public input and encouraged Council to remove it
from the proposed ordinance.
Mr. Montqomez-f stated he views this as a very unacceptable loss of
view area. If the garage is on public land, it must come down, or
the City is making the statement that it condones its right to be
on that right-of-way. For the past 2 1/2 years, he has been
working to resolve a problem, within his District, where a garage
extends 12 feet into City right-of-way. He will not support this
amendment as presented. He will support immediate action to remove
the garage at the owners expense.
Mr. M¢Connell stated he agreed with those who support retaining the
viewpoint. View access properties owned by the City are scarce and
need to be preserved.
President Fart stated he could not support the proposal as
presented. He believes giving away a public access to the beach
and view sights would be a mistake.
Mr. ~ouqh asked Council President Farr to announce how the
continued public hearing will be handled at the August 27 City
Council meeting. President Fart stated additional testimony will
be taken on the issues heard during this public hearing; however,
he asked that those who had testified not repeat their comments at
the hearing on August 27.
President F&rr thanked the TV camera crew for their services:
Neal and James Nobel Jr.
Bob
With no further business meeting adjourned at 7:53 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
PJ/RN/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Appointment to the
Parks and Recreation Commission
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
September 3, 1997
Executive
Mayor Horton
Auqust 2~, 1997
2. CLEARANCES: (com~ent on back
if necessary)
3. EXHIBITS:
Application for Appointment
COUNCIL PRESIDENT~a~--~ ~-~'. . /
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL A~TION:
There is a vacancy on the Parks and Recreation Commission. It is
recommended Nick Garguile Sr. be appointed to fill the vacancy.
8. RECOMMENDATION:
Motion to confirm the appointment of Nick Garguile Sr. to the
Parks and Recreation Commission.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL NO: ~
2. C~EARANCE COMMENTS: _ _
5. IMPACT ON NON-PASSAGE:
Less than full membership on the Parks,and Recreation Commission
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
N/A
7. RESEARCH SOURCES:
N/A
C I T Y O F B R E M E R T O N
A~PLIOATION FOR CITY BOAR/)$/COM)4ISSIONS/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 the public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly) / DATE: 7/~//q ?..
(If retired please indicate former occupation/pro~es$ion)
PROFESSIONALICOM~UNITY ACTIVITIES:
ADDITIONAL PERTINENT INFORMATION/REFERENCES:./~/~
Please return to:
MAYOR'S OFFICE
City of Bremerton
239 Fourth Street
Bremerton, WA 98310
?
Date ,
(Applications will be
reviewed periodically
to determine continued
availability.)
I am interested in serving on the:
(Please check one or more)
( ) Planning Commission
(~ Park Board
( ) Civil Service Commission
( ) Housing Authority Board
( ) Cable Cc~muni ca t ions
Advisory Cccmi t tee
( ) Handicapped Action Committee
( ) Ethics Commission
( ) Library Board
'1. SUBJECT:
EMS Heliport License Agreement
AGENDA BILL
BREMERTON CITY COUNCIL
.9 -3- 97
FOR AGENDA OF:
ORIGINATING DEPT: Fire
ORIGINATOR: Al Duke
DATE SUBMITTED: 8~20~97
2. CLEARANCES.'~./-Gomment of back if necessary) 3. EXHIBITS:
EMS Heliport License Agreement
City Attorney
Director of Administrative Services-L~
Budget&Finance .~~ ~rat
INFORMATION
APPROVED BY C.._~UNCIL PR..F..SIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT _ . ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
To allow the Mayor to enter into an agreement for the City with Harrison Hospital to apply for a grant
with the Department of Transportation for development of a heliport located on its' facility at 2520
Cherry Avenue. The agreement would also make available the heliport for Fire Department use.
8. RECOMMENDATION:
That the City Council allow the Mayor to enter into the EMS Heliport License Agreement with Harrison
Hospital on behalf of the City of Bremerton.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE:
TABLED.
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMEN~
11.
AGENDA BILL NO: <~"",,~
5. IMPACT ON NON-PASSAGE:
Harrison Hospital will continue to use Bremerton Middle School for a Heliport site.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
Filed for Record at Request off
When Recorded Return to:
Name Bremerton City Clerk
Address 239 Fourth Street
BremertQn, Washington 98337
Document Title: EMS Heliport License
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: Harrison Memorial Hospital
Grantee's Name: City of Bremerton
Abbreviated Legal Description: Not Applicable
Assessor's Property Tax Parcel/Account Number: Not Applicable
EMS HELIPORT LICENSE
THIS AGREEMENT is made and entered into this __ day of
1997, by and between the City ofBremerton, a first class municipal corporation, (hereinafter referred
to as "City"), and Harrison Memorial Hospital (hereinafter "Grantor").
WHEREAS, Grantor is the operator of a hospital complex at 2520 Cherry Avenue,
Bremerton, Washington, with a rooftop suitable for an EMS heliport which it wishes to make
available for emergency medical helicopter patient transfers from City EMS personnel along with its
own patient transfer; and
WHEREAS, the City is willing to provide funding for development of a heliport on Grantor's
facilities through grant funding from the Washington State Department of Transportation, Division
of Washington State Aeronautics (hereinafter "Department "); now therefore,
FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein and
other valuable consideration, the City and Grantor hereby agree and covenant as follows:
1. GRANT OF LICENSE: Grantor does hereby convey and grant to the City a license
for the use of a heliport to be developed by Grantor on the roof of its hospital facility located at 2520
Cherry Avenue, Bremerton, Washington. Subject to the following conditions:
A. The City will act as the public entity sponsor in applying to the Department for
EMS HELIPORT LICENSE - 1 -
EMS.LIC - Agreements Disk 13 - 8/14/97
funds for ninety percent (90%) of the equipment, construction, design and construction of the
heliport. Grantor will provide the balance of funding for completion of the project. The Grantor, in
its sole discretion, shall decide whether to proceed with the project based on the City's grant fund
commitment from the State. If the City is unable to obtain funding, or obtains insufficient funding in
the judgment of the Grantor within 180 days, this Agreement shall be null and void.
B. Upon the Department's satisfactory funding commitment, Grantor shall construct
the project and supply a summary of development costs and detail, as needed, to the City for
reimbursement to the Department. The City will reimburse Grantor for invoiced expenses from funds
received from the Department. The City is not responsible for any financial obligation, beyond the
pass through of funds from the Department. This agreement shall not be construed as a waiver of
Grantor's responsibility to apply for all necessary construction permits and to comply with all
applicable City land use regulations.
C. Grantor shall maintain the heliport in safe and serviceable condition throughout
the term of this License. City shall have no operational or maintenance responsibility.
D. This license is non-exclusive and the Grantor may grant the right to use the site
to other parties for medical or emergency purposes as it deems appropriate; Provided, however, no
commercial helicopter traffic shall be permitted by Grantor.
2. INDEMNITY: Grantor and City agree to defend and hold harmless the other party from
all claims and liability due to the negligent acts, error or omissions of its agents or employees arising
from this licence.
3. TERM: This license will run for an initial term of twenty (20) years from the date of
execution, unless voided under paragraph 1 above, and shall remain in effect after the initial term
unless terminated upon 90 days written notice by either party.
4. GOVERNING LAW: The place of making this Agreement shall be deemed to be the
State of Washington, and the legal rights and obligations of the parties hereto shall be determined in
accordance with the laws of the State of Washington.
5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in
connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree
that jurisdiction and venue of any such suit shall properly lie in Kitsap County, State of Washington.
6. SEVERAB1LITY: In the event that any section, or any part of any section, or this
Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no
effect upon the remaining sections of this Agreement, which shall remain in full force and effect.
7. ENTIRETY: This Agreement constitutes the entire agreement and understanding
between the parties hereto. There are no other agreements or understandings, either written or oral,
EMS HELIPORT LICENSE - 2 -
EMS.LIC - Agreements Disk 13 - 8/14197
which modify or have any effect upon this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to
be effective on the day and year first above written.
HARRISON MEMORIAL HOSPITAL
BY:
BY:
CITY OF BREMERTON
BY:
DEPARTMENTAL APPROVAL:
LYNN HORTON, Mayor
ALLISON DUKE, III, Fire Chief
APPROVED AS TO FORM:
IAN R. S[EVERS, City Attorney
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, CITY CLERK
STATE OF WASHINGTON
COUNTY OF KITSAP
SS.
On this day, before me, the undersigned, a Notary Public in and for the State of Washington,
personally appeared ., to me known to be the of Harrison Memorial
EMS HELIPORT LICENSE - 3 -
EMS.LIC - Agreements Disk 13 - 8/14/97
Hospital, the Hospital that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said Hospital, for the uses and purposes therein
mentioned and on oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under my hand and official seal this
day of .,1997.
Notary Public in and for the State of Washington,
Residing at
My appointment expires:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
SS.
On this day, personally appeared before me Lynn S. Horton, Mayor of the City of Bremerton,
the municipal corporation described in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument on behalf of said corporation.
GIVEN under my hand and official seal this
day of ,1997.
Notary Public in and for the State of Washington,
Residing at
My appointment expires:
EMS HELIPORT LICENSE - 4 -
EMS.LIC - Agrecmcnls Disk 13 - 8/14/97
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION #2623
A Resolution to be placed on the November 4, 1997 Ballot
for Emergency Medical Care and Services Tax.
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
~7~ -E 7
Fire
Al Duke
8/20/97
2. CLEARANCES:
Director of Admi~.~se~Ces'~.*o_j,C...~-
City Attorney ~
Comment of back if necessary)
3. EXHIBITS:
Resolution
Budget & Finance
Operations Corn mittej~_~-'~~
ENDORSEMENTS
APPROVED BY~~S~N~ SUBMITTAL:
COUNCIL PRESIDENT \~-'.
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A Resolution setting forth a Property Tax Levy to fund Emergency Medical Services for submission to
the voters of the City of Bremerton, for approval and ratification or rejection, at the General Election
on November 4, 1997.
8. RECOMMENDATION:
The Fire Department administration recommends immediate passage of this resolution in order to
submit to the County in tinge for the General Election.
To pass Resolution #2623, setting forth a property tax levy to fund emergency
medical services for submission to the voters of the City for approval and
ratification or rejection at the election to be held on November 4, 1997.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE:
TABLED
'10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMEN
11. AGENDA BILL NO: f 7- ¢:~O /
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
There would not be an immediate impact on the budget or services at this time.
have to be run again next year, the expiration date is December 31, 1998.
The levy would
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The immediate impact would be a $310,000.00 increase to the General Fund. With this increase
the Department would like to upgrade and/or increase one staff position, add a public educator and
increase the staffing on the floor by four employees, one firefighter and three firefighter/paramedics.
There are several capital purchase needs that also exist in the Fire Department that might be
met with passage of this levy.
7. RESEARCH SOURCES:
RESOLUTION NO. ~ ~
A RESOLUTION setting forth a property tax lev!; to fund
emergency medical services for submission to the voters of
the City for approval and ratification or rejection at the
election to be held on November 4, 1997.
WHEREAS, it is deemed necessary to the public health, safety
and welfare that the City of Bremerton (the "City") provide
emergency medical care and emergency medical treatment to its
citizens.
WHEREAS, the Fire Department of the City of Bremerton is in
need of monetary funds for the present and future funding of its
emergency medical service.
WHEREAS, a property tax lev2/ would perpetuate and enhance the
Bremerton emergency medical services program by funding personnel costs,
training and related equipment, supplies, vehicle and structures needed
for the provision of such care or services not including the costs of
transportation to and from medical treatment facilities, now, therefore
BE IT RESOLVED by the City Council of the City of Bremerton
at its regular session, that at the election to be held on November 4,
1997, there shall be submitted a proposition for a property tax lev!/ in
an amount equal to 50 cents per thousand dollars of the assessed value
of real and personal property located within the City to qualified
voters of the City of Bremerton for approval or rejection in the form
set forth below:
PROPOSITION NO.1
EMERGENCY MEDICAL CARE AND SERVICES TAX
Shall the City of Bremerton, in order to continue financing
emergency medical care and services,
levy of Fifty cents ($.50) per
($1,000.00) of assessed valuation
consecutive years beginning in 1998.
authorize a total tax
One Thousand Dollars
for each of six (6)
YES NO
PASSED by the City Council of the City of Bremerton this
day of
DAVID PARR, Council President
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Approved:
IAN SIEVERS, City Attorney
~,~,./d e ~'
1. SUBJECT: Ordinancg/amending the
penalties for violation of the City Building Code
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: August 27, 1997
ORIGINATING DEPT: Legal
ORIGINATOR: I. Sievers, City Attorne,~_~_' ,~
DATE SUBMITTED: Aug. 18, 197
2. CLEARANCES: (Comment on back if necessary)
Donald Pratt, Director Community Development
3. EXHIBITS:
Proposed ordinance
COUNCIL COMMITTEES
ENDORSEMENT~ INF ORMATI~)N [1
APPROVED BY COUNCI~r~.,xKESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A recent case has found that courts of limited jurisdiction, such as mu~,cipal court, are only authorized by court rule to issue search
warrants upon probable cause to believe evidence of a criminal offense ma)Wfound, and not authorized to issue warrants for evidence of
a civil infraction. Many of the model codes adopted in the City Building Code, BMC chapter 17.04., contain specific misdemeanor or
gross misdemeanor penalties. However, other sections declare a violation to be "unlawful," and under the default penalty of BMC
17.04.110, these would be classified as civil infi'actions. Since these construction and fire code violations often require ~n-site inspection
for successful prosecution, it is recommended that the default penalty be changed to a misdemeanor to allow search x~ arrants tb~issuecl.
8. RECOMMENDATION:
Pass Ordinance 4,'d~ ~.$'on second reading.
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. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Search warrants could not be issued by the Municipal Court for some suspected Building Code violations.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
CrRLJ 2.3(b)
ORDINANCE NO. z./g O ~'
AN ORDINANCE amending the penalty for violations of the City Building Code, and:
amending Bremerton Municipal Code 17.04.110.
Section 1. Amendment. Section 1204.110 of the Bremerton Municipal Code is hereby amended
as follows:
17.04.110 PENALTY FOR VIOLATIONS.
Unless otherwise more specifically provided, any person, firm, or corporation violating any
of the provisions of the City Building ~ Code shall be deemed to have committed a civil
infi-aetion misde~0r and shall be deemed to have committed a separate offense for each and every
day or portion thereof during which any violation of any of the provisions of the building code is
committed, continued or permitted. (Ord. 4418 § 1 (in part), 1993).
Approved by the City Council of the City of Bremerton this
day of
1997.
1997.
Passed by the City Council of the City of Bremerton this
day of
Approved this day of
DAVID FARR, Council President
,1997.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN McCLUSKEY, CityClerk
BldgCt×lc Amd-Orchmmcc I)isk 2 - 8/I 9/97
AGENDA BILL
BREMERTON CITY COUNCIL
O~DINANCE ~'/4606
SUBJECT:
1997 Docket of Comprehensive Plan
Amendments, related Rezones, and the
adopting ordinances.
FOR AGENDA OF: Auqust 20 & 27, 1997
ORIGINATING DEPT: DCD/Planning _./~
ORIGINATOR: Ron W. Houqh
DATE SUBMI'I-FED: Auqust 14, 1997
CLEARANCES:~ if necessary)
City Att o rney~~'~"~'-~
Dir. Comm. Dev. ~¢'~~
3. EXHIBITS:
Staff Reports
Planning Commission Resolution
Comp. Plan Amendment Ordinance
< ~ ~ , / Zoning Map Amendment Ordinance
Fiscal & Budget Com~~ '-"~ ¢-~-~,---¢~ Planning Commission Minutes
Operations Comm. (~-~_./_.---¢'~~'--~ --
ENDORSEMENT'~ INFO, RMATION__ APPROVED BY COUNCIL PRESIDE, E, NT FOR-SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Bremerton Comprehensive Plan may be amended only once each year. The process begins with
the April 1 deadline for applications. This year's ten amendment proposals were submitted to state
agencies and other individuals and jurisdictions for review, and were processed by staff and the
Planning Commission before arriving at the City Council for final public hearings. Six proposals, if
approved, will require Rezones to maintain Plan/Zoning consistency. To expedite the process, the
Planning Commission has considered the Rezones at public hearings and staff has scheduled both the
Plan Amendments and their related Rezones for simultaneous action by the City Council. Because of
the number of proposals, and the complexity of some, the public hearing has been divided into two
parts. It will begin on August 20 and continue to August 27 to allow time for questions and discussion.
8. RECOMMENDATION: [for August 27]
(l) City Council passes ORDINANCE ¥/4606 on second r&ading, adopting
Bremerton Comprehensive Plan as amended.
(2) City Council Passes ORDINANCE ¢/4607 9. RESPONSIBLE OFFICIAL:
on second reading~'~r~v~sfn~'~he ' ENFORCEMENT OFFICIAL:
Official Zoning Map Of The City Of EXPIRATION DATE:
Bremerton to Maintain Consistency With REVIEW DATE:
1997 Comprehensive Plan Amendments
1997 amendments to
Donald L. Pratt
10. NOTICE OF ACTION:
PULLED TABLED__ APPROVED__ DISAPPROVED A~
the
COUNCIL DIRECTIVE: DATE:
1t. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Most of the proposed amendments are development-related. The applicants are attempting to change
the City's Plan and Zoning in ways that they feel are positive and that will allow new homes,
apadments, commercial and industrial development. They are awaiting the City's decisions.
Non-passage will uphold the current Comprehensive Plan and Zoning for the affected properties and
the applicants will not be able to carry out their development plans. Denial will not seriously affect most
of the proposals. Exceptions are the annual Capital Facilities Element updates, which are directly
related to the City's CIP and Budget, and the Smith Cove proposals which will affect the expansion of
Evergreen Park and the future use of contaminated former industrial areas.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Approval of these changes may slightly inci'ease the review and permit processing demands of staff if
new development occurs as a result. This would be considered a positive impact on the City. None of
the proposed amendments or rezones are expected to significantly impact departmental budgets,
staffing, facilities or equipment needs.
7. RESEARCH SOURCES:
ORDINANCE NO.,
AN ORDINANCE adopting 1997 amendments
to the Bremerton Comprehensive Plan.
· WHEREAS, the City of Bremerton adopted its revised Comprehensive Plan by
Ordinance No. 4545 in February 1996; and
WHEREAS, requested and proposed amendments to the Plan were docketed in
accordance with an adopted procedure for amending the Plan once per year, were processed
through the Planning Commission public hearings in May and June, and were submitted for a
mandatory 60-day review by state agencies on June 11, 1996; and
WHEREAS, the Bremerton Pla.nning Commission, following its public study sessions
and hearings during May and June 1996, recommended City Council adoption of the proposed
amendments, as presented, subject to any adjustments that may be necessary as a result of public
testimony and comments from state agencies; and
WHEREAS, the Bremerton City Council conducted public hearings on these proposed
amendments on August 20 and 27, 1997 to accept additional public comments and to consider
the recommendations of the Planning Commission and state agencies; now therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Bremerton Comprehensive Plan Map is hereby amended in the West
Hills neighborhood south of Roosevelt Avenue to change the designation from "Utility (U)" to
"Medium Density Residential (MDR)", as shown in attached Exhibit "A", on a small portion of
a City reservoir site that has been surplussed and may be sold for residential development.
Section 2. The Comprehensive Plan Map is hereby amended on the east side of
Wheaton Way, north of Dibb Street, to change the designation of two lots from "School (S)" to
"General & Highway Commercial (C-G)", as shown in attached Exhibit "B".
Section 3. The Comprehensive Plan Map is hereby amended in the vicinity of the Auto
Center district to change the designation of four lots, consisting of about 22 acres, from "General
and Professional Office (C-P)" to "Industrial Park (IP)", as shown in attached Exhibit "C".
Section 4. The Comprehensive Plan Map is hereby amended to change the designation
of two small lots, comprising about one-third acre total area and located on the south side of
Broad Street from "General & Highway Commercial (C-G)" to "Medium Density Residential
(MDR)", as shown on attached Exhibit "D".
1997 Plan Amend. Ord. --- Page 1
Section 5. The text of the Comprehensive Plan is hereby amended to incorporated the
annual update of the Capital Facilities Program portion of the Capital Facilities Element, as
attached hereto as Exhibit "E".
Section 6. The Comprehensive Plan Map is hereby amended to expand the "Parks (P)"
designation north of Sheldon Boulevard and Thirteenth Street, south of Smith Cove, and to
expand the "High' Density Residential (HDR)" designation to include two additional lots on the
east side of Highland Avenue, as shown in attached Exhibit "F".
Section 7. The Land Use Plan maps contained within the Comprehensive Plan are
hereby amended to eliminate the designation "Cemetery (C)" and change all areas currently
designated "C" to "Low Density Residential (LDR)", as shown in attached Exhibit "G".
Section 8. The text of the Comprehensive Plan is hereby amended to add descriptions
of the land use designations used on Plan map, as contained in attached Exhibit "H".
APPROVED by the City Council on the first reading this
day of August ,1997.
27th
PASSED by the Bremerton City Council this
,1997.
day of
DAVID FARR, President
Bremerton City Council
APPROVED this
day of ,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
1997 Plan Amend. Ord. -- Page 2
Exhibit "A"
HARBOR HEIGHTS APARTMENTS --- Plan Amendment:
This amendment changes the designation of the area shown below from "Utility (U)" to
"Medium Density Residential (MDR)". All other portions of the site proposed for the Harbor
Heights Apartments development are currently designated "MDR". This amendment brings the
entire site under that designation and allows the surplus Utility land to become part of the
development.
Map Amendment:
Area to be amended from "U" (Utility) ~
to "MDR" (Medium Density Residential)
!
Area recently annexed to the City.
Designated "MDR".
Zoned "MF" (MUlti-family Residential)
1997 Plan Amend. Ord. -- Page 3
Exhibit "B"
BREMERTON SCHOOL DISTRICT--- Plan Amendment:
This Plan Map amendment will allow the School District to sell two lots of surplus property for
commercial development. The lots front on Wheaten Way and are adjacent to other commercial
properties to the north and south. The Plan designations of the two lots are changed from
"School (S)" to "General & Highway Commercial (C-G)".
C-G MDR
C-.P
Change the Plan designation
on the subject property from
"S" to "C G"
LDR -
LDR
C-G:
MU
LDR
U
1997 Plan Amend. Ord. -- Page 4
Exhibit ~C~
AUTO CENTER AREA INDUSTRIAL --- Plan Amendment:
This amendment applies to four lots (about 22 acres) located on the hillside above and to the
west of the Auto Center district. The property is currently planned and zoned for office
development. The amendment will change the designations of these lots from "General &
Professional Offices (C-P)" to "Industrial Park (IP)".
"1"1,.' I I ~, ~ I "' I
. . ,., , ,l ,, ,~
HI
The Plan designation of the shaded area
is changed from "C-P" to "IP"
P
HI
rRd.
P C-G
i
1997 Plan Amend. Ord. -- Page 5
Exhibit "D"
BROAD STREET RESIDENTIAL--- Plan Amendment:
This amendment changes the designation of two small lots from "General & Highway
Commercial (C-G)" to "Medium Density Residential (MDR)". The lots are too small and too
far removed from Wheaton Way to be suitable for co .mmercial development. With the recent
development of Broadmore Village, the west end of Broad Street has become a viable residential
neighborhood. This change is consistent with that trend.
MDR
E. Broad Street
.D.
C-G
1997 plan Amend. Ord. -- Page 6
Exhibit a~E'
CAPITAL FACILITIES ELEMENT AMENDMENTS;
Draft Revisions
August 12, '/997
Bremerton Comprehensive Plan
CAPITAL FACILITIES
ELEMENT
Part 2 of 2: Capital Facilities Program
Prepared by:
BREMERTON PLANNING
Adopled: April 5, 1995
Revised: October 23, 1996
1997 Plhn Amend. Ord. -- Page 7
Exhibit
SOUTH SMITH COVE--- Plan Amendment:
This amendment changes the designation of lands along the north side of Sheldon
Boulevard and Thirteenth Street from "Mixed Use/PUD (MU)" to "Parks (P)". This will
achieve consistency with the master plan for the expansion of Evergreen Park and prevent
commercial or industrial development from disturbing documented soil contamination
areas immediately south of Smith Cove and north of Sheldon/Thirteenth.
The Plan designations on two lots on the east side of Highland Avenue are changed from
"Mixed Use/PUD (MU)" to "High Density Residential (HDR)".
PROPOSED
Plrk
Mixcd Use
Hcighbofhood Con¥cnicnc¢
Low Density Residential
Medium Dcnfity Residentill
High Density Residential
Current
__HDR~
1997 Plan Amend. Ord. -- Page 8
Exhibit ggG
REMOVAL OF "Cemetery" DESIGNATION --- Plan Amendment:
This amendment eliminates the designation "Cemetery (C)" from all Comprehensive Plan maps
to remove the potential for confusion and conflicts with zoning. This change affects only two
areas of the City, as shown below, and will have no effect on the ability of an existing cemetery
to expand in the future in accordance with the provisions of underlying zoning.
The Plan designation of all areas currently designated "Cemetery (C)" are hereby changed to
"Low Density Residential (LDR).
Location Maps:
A: West Bremerton
Land Use Plan
07ster Bay'
HDR
C-P
B: Central Bremerton Land Use Plan
--..
1997 Plan Amend. Ord. -- Page 9
Exhibit "H"
Land Use Designations
Land Use
DESIGNATION DESCRIPTION
LDR Low Density Residential: This designation includes existing and proposed
residential neighborhoods at densities of 8 dwellings per acre or less. It is applied to
areas that don't have the levels of urban services needed for higher density development,
or that have terrain, sensitive areas (wetlands, creeks or shorelines), poor access, or
special amenities (views) .that are best prgtected through low density development.
Large lots are allowed in LDR zones, especially in areas without sewer service.
Developers are encouraged to cluster development on smaller lots in exchange for open
space through lhe PUD process to make the best possible use of the sile. Four Primary
Residential Zones are directly consistent with this Plan designation (SF- 1, SF-2, SF-3,
and DR). The Limited Parking Overlay (LPO) and Parks & Schools (PS) zones are also
consistent with all residential Plan designations. Small "secondary zones" may be
approved within larger residential developments to serve local needs for convenience
shopping, employment, education or recreation.
MDR Medium Density Residential:' This designation is applied to the older higher-
density residential neighborhoods of Central Bremenon where lots are small and mixed
development is common or desirable. Other areas may be designated MDR when
found to be suitable for the 8-18 units per. acre density level. Such areas are generally
near transportation corridors and shopping/employment concentrations, and have
adequate availability of urban services and facilities. MF and CBR are tile primary
zones in this designation. They allow virtually all types of residential'development,
including single-unit homes and duplexes on small lots, multi-unit developments,
townhouses, and boarding houses. Limited mixed uses are permitted in these zones to
provide convenient services to neighborhoods without causing land use conflicts.
IIDR lligh Density Residential: This designation allows the City's highest densities
(more than 18 units per a.cre) and is dire.ctly consistent with the "MR" zone which allows
up to 44 units per acre. HDR areas are intended primarily for locations along major
transportation corridors, within and around the Central Business District and smaller
business districts, and where such development can take advantage ol~ unique views or
such amenities as shorelines, recreational facilities, or access to ferries or buses.
Utilities, services and transportation must be adequate to serve HDR development.
C-G General & Highway Commercial: This is the City's most intense
commercial designation. It provides for tile "GB (General Business)" and "SC
(Shopping Center)" zones, both of which are automobile oriented and desigqed for
application along highways and major arterial streets having high Iraffic volumes, direct
aulo access, and maximum drive-by visibility. These locations arc suilablc for such
"heavy commercial" uses as shopping centers, major grocery stores, auto services, auto
repairs, motels, taverns, restaurants, adult entertainment, fast food, and large scale
retailers that require very large structures'and expansive parking. Most types of
businesses are permitted in these areas, along with office uses. Residential is permitted
as a secondary use.
1997 Plan Amend. Ord. ~ Page 10
Land Use
DESIGNATION DESCRIPTION
C-P General & Professional Offices: This designation snpporls the "1'0
(Professional Office)" zone. It's applied in locations that are uniquely suitable for office
development, areas that have physical or Iocational features that might be less suitable
for higher intensity uses, or areas in which off~ce development might provide a buffer or
transition between two zones that might otherwise conflict. Office districts may consist
of a mixture of offices and support services such as copy and computer services, office
machine repairs, or mail services. Light retail, such as a restaurant, book or stationery
store, art supplies store, delicatessen, or newspaper/magazine shop are usually
compatible with this district.
CBD Central Business District: This is downtown Bremerton. This desigation
supports a number of zone.s, including BC. (Business Core), GB (General Business), PO
(Professional Office), and the medium and high density residential zones MF and MR.
The URD (Urban Renewal District) is on the CBD waterfront. The CBD is intended to
provide a mix of uses that includes ~:etail at the street level of the primary pedestrian
streets, with offices, apartments, studio lofts, and other uses on the upper levels. The
downtown zones allow the highest residential densities in the City with the fewest
development limitations. Residential zones (MF and MR) may be permitted on side
streets at densities up to 44 units per acre where it can be demonstrated that pedestrian
retail is less important tha.n close proximity of full time downtown residents. CBD
development should be designed to encourage walking, shopping, browsing, and tile use
ofpublic transit, bicycles and tile ferry system to reduce the importance of tile private
automobile in this compact downtown environment.
NC Neighborhood Convenience: This designation supports the "NB
(Neighborhood Business)" ~:one and is intended to provide small scale convenience
services and retail goods within small neighborhood service areas. This dislrict is often
centrally located within neighborhoods and should minimize vehicular traffic and
encourage short-distance walking. It should not include businesses with regional
markets Ihat bring traffic from other areas. Neighborhood Convenience centers often
consist of small "Mom & Pop" markets and may also include such personal services as a
barber/beauty salon, day care center, neighborhood or senior center, and other activities
that might benefit the surrounding neighborhood.
MU Mixed Use/PUD: Tfiis designation'is intended for areas that are in transition,
usually from residential to commercial or industrial, or lhat are in a lransilional location,
such as between a residential neighl~orhood and a commercial district: Tile "MX (Mixed
Use)" zone is the primary zone and leans toward commercial development with
residential allowed as a secondary use. In cases where tile MX zone doesn't provide tile
needed flexibility, the MU Plan designation promotes mixed use developments through
thc PUD process. Single purpose developments that don't require a PUD and can't be
buill within lhe parameters of Ibc MX so. ne should slot be designated MU.
1997 Plan Amend. Ord. ~ Page 11
Land Use
DESIGNATION DESCRIPTION
HI lteavy Industrial: This designation is applied to thc City's least sensitive areas
and areas most suitable for. large-scale industrial uses. It supports the "IG (Industrial
General)" and "MX (Mixed Use with industrial emphasis)" zones. Such uses include
manufacturing, warehousing, trucking operations, motor vehicle sales and service, large
open display lots, and are often accompanied by extensive outdoor stoi'age of supplies,
vehicles, heavy equipment, products, or other materials. Businesses that typically
generate noise, dust, odors, operate at late or odd hours, or that otherwise might not be
pleasant neighbors could expect to find a home in the l-il district. This district is placed
as close as possible to major highways, freeways, airports and rail lines, and as far as
possible from residential neighborhoods and other sensitive land uses.
IP Industrial Park: This designation supports the "IP (Industrial park)" and "MX
(Mixed Use with light industrial emphasis)" zones. It is intended to provide areas for a
mix of office, wholesale, trade and distribution, bulk retailing, and light manufacturing
in a Iow-density, campus-like environment. The district should be designed to minimize
adverse impacts on adjacent areas and to present an attractive well-landscaped
appearance. Businesses located within an Industrial Park should be contained within
buildings and have very little, if any, outdoor storage other than business-related vehicle
parking. Ali areas of the Industrial Park should be landscaped with grass, shrubs, trees,
etc., and all roads, driveways and parking areas should be paved. Preserved open space
areas might include such employee amenities as walking/jogging palhs or bike paths to
encourage exercise or alternative commuting.
BP Business Park: This designation was designed for very unique situations. It
allows small and very unobtrusive businesses to locate within or adjacent to residential
neighborhoods. The primary zones are "BP (Business Park)", "PO (Professional
Office)", and "MX (Mixed Use witli business emphasis)". These zones allow a limited
variety of Iow-intensity commercial, office and manufacturing businesses that are most
compatible with residential neighbors. Care should be taken to ensure that development
within the BP district is attractive, well-landscaped and an asset to the neighborhood in
which it is located. This designation may also serve as a buffer or transitional district.
RE Resource Extraction: This designation is reserved for possible application to
areas that may be identified as mineral resource sites of commercial s!gnificance that
;hould be protected from other types of development. The City has not used this
designation because all known mineral/gravel resource extraction sites within the City
are already permitted, are in operation, and are zoned appropriately for industrial use.
The RE designation could be applied'as the long-range intent on lands that are in a
different short-term use. A phased zoning approach may work well in such a situation.
T Transportation Facilities: This designation has been applied to major
transportation facilities of regional significance, such as the ferry terminal and Kitsap
Transit's bus maintenance and storage facilities. It might also be applied to locations
found to be uniquely suited for commuter parking lots, heliports, etc. There is no zone
that is specifically related to this Plan designation, but all commercial and industrial
zones are considered appropriate.
1997 Plan Amend. Ord. -- Page 12
Land Use
DESIGNATION DESCRIPTION
P or OS Parks or Open Space: Ali active public parks and recreation areas and major
passive open space areas are designated either "P (Park)" or "OS (Open Space)" on the
Comprehensive Plan maps. The primary zone is "PS (Parks & Schools)"
S School: All public schools are designated "S" on the Comprehensive Plan and are
zoned "PS (Parks & Schools)". Private schools are not so designated but are included
wilhin their host zone.
H Hospital: Harrison Hospital and the Naval Hospital in Jackson Park are designated
"H" on the Plan maps. This designation is intended to show the locations of these
facilities and not to determine their physical size. Hospitals are allowed in the "HC
(Health Care)", "GB (General Business)" and "BC (Business Core)" zones.
PW Public Works: This designation is intended to show the location of the City's
major public works facility on Oyster Bay Avenue. It does not determine the physical
size of that facility. Public Works facilities are allowed in the "IG (Industrial General)"
and "IP (Industrial Park)" zones.
U & UL Utilities & Utility Lands: The"U (Utilities)" designation shows the location of
the City's main Utilities and Engineering offices on Olympus Drive in East Bremerton.
Mosl utilities and their offices are permitted in other zones and don't require designation
on the Plan maps. The designation "UL (Utility Lands)" is applied to major areas that
are owned and operated by the City's Utility, primarily in areas west of Gorst.
WS Watershed: This designation is applied only to the City's Union'River Watershed
that surrounds and protects the reservoir behind Casad Dam. The related zoue is "WS
(Water Supply)" which is a very restrictive zone intended to protect the water resource.
Military This is a Iocational designation intended only to identify major military facilities such as
Puget Sound Naval Shipyard, Jackson Park and the Naval llospital at Jackson Park.
These facilities are also designated according to their primary uses. Only PSNS has a
Plan designation but remains unzoncd.
1997 Plan Amend. Ord. m Page 13
ORDINANCE NO. 7'
AN ORDINANCE revising the Official Zoning Map
of the City of Bremerton, Washington to Maintain Consistency
with 1997 Comprehensive Plan Amendments.
WHEREAS, the City of Bremerton may amend its Comprehensive Plan once each year
and the City Council has completed action on the 1997 docket of Amendments; and
WHEREAS, the City of Bremerton maintains development codes that are consistent
with its Comprehensive Plan and with the requirements of the Growth Management Act, and
which include the Zoning Code and Official Zoning Map, which were both re-adopted on April
9, 1997 following major text revisions; and
WHEREAS, some of the 1997 Comprehensive Plan Amendments were site specific and
require related zoning adjustments to maintain Plan/Zoning consistency; and
WHEREAS, public hearings were conducted by the Bremerton Planning Commission
on July 15 and August 19, 1997 to consider Plan-related zoning adjustments prior to making
formal recommendations to the City Council; and
WHEREAS, the Bremerton City Council conducted public hearings on August 20 and
August 27, 1997 t'o accept public comments pertaining to the proposed zoning adjustments and to
consider the Planning Commission's recommendation; now, therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to
change the zoning of specific portions of the proposed Harbor Heights Apartments development
site from the present designations of"FM (Forest Management)" and "SF-3 (Residential, Low-
density)" to "MF (Residential, Medium-density)", as described in attached Exhibit "A".
Section 2. The Official Zoning Map is hereby amended to change the designations of
two lots, located on the east side of Wheaton Way, north of Dibb Street, from "PS (Parks &
Schools)" to "GB (General Business)", as described in attached Exhibit "B".
Section 3. The Official Zoning Map is hereby amended to change the designation of
four lots, consisting of approximately 22 acres, in the Auto Center area from "PO (Professional
Office)" to "IP (Industrial Park)", with conditions, as described in attached Exhibit "C".
1997 Zoning Map Amendment Ord. -- Page 1
Section 4. The Official Zoning Map is hereby amended to change the designation of
two lots on the south side of Broad Street, west of Wheaton Way, from "GB (General Business)"
to "MF (Residential, Medium-density)", and approving a Special Zoning Ordinance Exception
for the abutting commercial lot, as described in Exhibit "D".
Section 5. The Official Zoning Map is hereby amended southeast of Smith Cove by
expanding the "MR (Residential, High-density)" zone northward to include two additional lots
on the east side of Highland Avenue, as described in Exhibit "E".
APPROVED by the City Council on the first reading this
27th
day of August ,1997.
PASSED by the Bremerton City Council this
,1997.
day of
DAVID FARR, President
Bremerton City Council
APPROVED this
day of ,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
CPA-97:zma-97.ord
1997 Zoning Map Amendment Ord. m Page 2
Exhibit "A"
REZONE: Harbor Heights Apartments'
The area described and shown on the map below are hereby changed from "FM (Forest
Management)" and "SF-3 (Residential, Low-density)" to "MF (Residential, Medium-density)".
REZONE:
Change from "FM (Forest Mar~
to "MF (Residential, Medium-density)".
FM
IG
Change from "SF-3 (Residential,
Low-density)"
to "MF (Residential, Medium-density)".
MF
IG/
LEGAL DESCRIPTION:
That portion of the Northeast quarter of the Northeast quarter of Section 28, Township 24 North,
Range 1 East, W.M., in Kitsap County, Washington AND that portion of block 11, Ole Hanson's Navy
Yard Addition, as per Plat recorded in Volume 4 of Plats, page 56, records of Kitsap County, Washington,
described as follows:
Commencing at the Northeast comer of said Section 28; thence North 88 °32'06" West along the
North line of said Section 28 a distance of 539.97 feet to the Point of Beginning; thence North 7*08'25"
east 93.99 feet to the beginning of a 50 foot radius curve; thence along said curve to the left through a
central angle of 50'10'30" for an arc distance of 43.79 feet; thence North 43'02'05" West 44.52 feet to the
center line of Jones Street being a point on a curve whose radius point bears North 43 ° 02'05" West 475.00
feet; thence southwesterly along said center line being a curve to the right through a central angle of
16*36'53" for an arc distance of 137.74 feet; thence South 26°25'12'' East 38.08 feet to the beginning of a
50 foot radius curve; thence along said curve to the right through a central angle of 33033'37'' for an arc
distance of 29.29 feet; thence South 7008'25'' West 37.41 feet; thence South 88032'06'' East 125.62 feet;
thence North 7008' 25" East 15.07 feet to the Point of Beginning.
1997 Zoning Map Amendment Ord. -- Page 3
Exhibit "B"
REZONE: Bremerton School District --- Wheaton Way
The two lots described below are hereby changed from "PS (Parks & Schools)"
(General Business)".
to "GB
F/
GB-
GB
PO
33R0 57.
PS
Legal Description:
.Parcel "A":
The West 225.00 feet of Lot 3, Plat of Sylvan Park
according to the plat recorded in Volume 6 &Plats
page 45 and located in a portion of the SW quarter
of the SW quarter of Section 1, Township 24 N,
Range I E, W.M., EXCEPT the West 6.00 feet
thereof deeded to City of Bremerton under
Auditor's File Number 8611260137 records
of Kitsap County, Washington.
Parcel "C":
The West 225.00 feet of Lot 2, Plat of Sylvan Park
according to the plat recorded in Volume 6 of Plats,
page 45 and located in a portion of the SW quarter
of the SW quarter of Section 1, Township 24 N,
Range 1 E, W.M., EXCEPT the West 6.00 feet
thereof deeded to City of Bremerton under
Auditor's File Number 8611260137 records
of Kitsap County, Washington.
PS
E.
F-3
1997 Zoning Map Amendmeiat Ord. -- Page 4
Exhibit
REZONE:
¢gC99
Auto Center Area Industrial
The four lots shown on the map below are hereby changed from "PO (Professional Office)"
"IP (Industrial Park)", with the following conditions to be applied to Lots A, Bi and C only:
Bo
to
New Development shall be designed to encourage a campus-like arrangement of buildings,
parking, pedestrian walkways and open space.
All areas not paved or built upon shall be landscaped or left in natural vegetation to minimize
dust, mud and erosion.
Development projects shall be designed to include a minimum of 15 percent open space, exclusive
of required setbacks. When such open space is used primarily for hillside stabilization, visual
enhancement, or sensitive area protection, the City shall consider waiving or reducing the
requirement that 60 percent or more of the open space be used for active recreation.
Outdoor storage of equipment, materials, products, etc., shall be placed toward the uphill side of
buildings (not the view side) whenever feasible and/or effectively screened from view with
landscaping or a combination of fences and landscaping.
Assessor's I.D:
Lot "A": 212401-2-145
Lot "B": 212401-2-146
Lot "C": 212401 - 1-082
Lot "D": 212401-1-074
PS
Pendergast
~orts Complex
'..
IP
1997 Zoning Map Amendment Ord. -- Page 5
Exhibit "D"
REZONE: Broad Street Residential (2 lots)
The area described and shown on the map below is hereby changed from "GB (General
Business)" to "MF (Residential, Medium-density)" for the following two lots:
Assessor's Account No:
· (~) 4574-000-010-0204
(~) 4574-000-01 !-0104
A Zoning Ordinance Special Exception is hereby granted for the adjacent
commercially-zoned lot (Assessor's Acct. No. 4574-000-012-00) to relieve future
development on that lot from the required setback from the abutting residential zone that
would have otherwise resulted from this Rezone.
Two lots Rezoned from "GB" to "MF".
MF
Ee
Broad Street
GB
SF-3
The Special Exception allows development
to occur on this lot with no required setback
from its west property line.
1997 Zoning Map Amendment Ord. -- Page 6
Exhibit "E"
REZONE: South Smith Cove Zoning Adjustments
As shown on the map below, the zoning of two lots on the east side of Highland Avenue
is changed from "BP (Business Park)" to "MR (Residential, High-density)".
PS
Current Zoning:
BP
I Dt 5-1'. PI.
Amended Zoning Map:
Assessor's Identification:
1~) 3709-001-002-0103:0.27 ac.
(~) 3709-001-003-0102:1.40 ac.
PS
1997 Zoning Map Amendment Ord. -- Page 7
10.
1997 Docket of
Comprehensive Plan Amendments & Rezones
ADJUSTMENTS
The following adjustments have been made to
the maps and text of'the adopting ordinances per
City Council direction on August 20, 1997.
HARBOR HEIGHTS APARTMENTS: (west Hills area)
~ No changes necessary.
BREMERTON SCHOOL DISTRICT: (2 lots on Wheaton Way)
:~ No changes necessary.
AUTO CENTER AREA INDUSTRIAL: (4 hillside lots in Auto Center)
:~ No changes necessary.
BROAD STREET RESIDENTIAL: (2 small lots on Broad Street)
Added approval of a Special Exception to the map and text of the Rezone
ordinance to relieve adjacent property from building setback requirement.
SOUTH SMITH COVE: (mostly related to Evergreen Park expansion) $ Plan Amendment extends "Park" designation, as proposed.
$ Zoning Adjustment leaves park expansion area "BP" but changes the
zoning of two lots on the east side of Highland Ave. from "BP" to "MR".
MERIT COMPANY: (northern 10 acres of a 20-acre lot)
* Plan/Zoning Amendment requests denied. Removed from ordinances.
WATERFRONT ACCESS PLAN AMENDMENT:
Council denied the request to remove the "viewpoint" designation from the
end of Eleventh Street Place. Removed from ordinances.
LAND USE DESCRIPTIONS:
· Approved as presented --- no change.
REMOVAL OF "CEMETERY (C)" DESIGNATION:
Plan Amendment Ordinance revised to state that lands formerly
designated "C" are now designated "Low Density Residential (LDR)".
No zoning changes proposed or necessary.
CAPITAL FACILITIES ELEMENT UPDATE:
· Three changes were made to the proposed revisions (attached).
o
rrl
Population Forecast: 1990-2012
City of Bremerton, Washington
55
45
40
35
19901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012
Year
lqKRPC/Brem I
';990-2001: "Existing Plans" forecast - Pugel: Sound Regional Planning Council (10/93)1
2012: Kitsap Regional Planning Council allocation (7/95) J
;~Year.~.::PlanYear KRPCIBrem ActUalBrem
1990
1991
1992
1993
1994
1995
1996
~.997 il
1998 2
~1999 3
2000 4
2001 5
2002 6
2003, 7
2004 8
2005 9
2006 10
'2007 11
2008 12
2009' 13
2010 14
2011 15
2012 ~6
38,142 38,142
38,483 37,040
38,824 38,990
39,165 36,380
39,506 35,920
39,847 39,610
40,188 38,370
40;529 .~' 38,600
40.870
41,211
4~,552
41.893
43,370
44,847
46,324
47,801
49,278
50,755
52,232
53,709
55,186
56,663
58,142
Total Increase
%Increase
Annual Increase
%InCrease
1990-2001 2001-2012I
5,228 14,772j
13.7% 35.3%
436 1,477
1.1% 3.5%
Municipal Buildings
(2) Proposed Facilities
The City conducted a preliminary facilities study in 1985 to consider the
City's short-term and long-term facility needs. This study found that the
City's existing facilities were generally inadequate to meet the City's
current operating requirements, and that population growth would further
increase facilities needs. The most critical needs identified at that time
included: a substandard jail and crowded Municipal Court; dispersal of
City administrative activities to various facilities; the quality of City Hall;
and inadequate facilities for operational sections of Public Works.
Several changes have been made since 1985, including closure of the
jail, addition of the Permit Center, and construction of the new Oyster Bay
Public Works & Utilities Operations Center.
A follow-up Facilities Management Alternative Plans study was prepared
in 1994 to help plan for near- to mid-term facilities needs for various City
departments. Work on this study has been on hold, pending finalization
of downtown waterfront redevelopment plans.
Although the City does not expect to need additional capacity by 2001,
the City recognizes that it needs to continue facilities planning to further
consolidate activities and replace aging structures. T~ere i~i!.Cg~iderabi
~p~e [nii~pe~afing ,and ~i.ntaining the
~B!ques wou!d dg~mase ,opg[ations and mali.nter~a'~ colstlS',: and
imPr0Ve the efficient pr0viSionofbity service~ Therefore, the City
proposes to continue its on-going facilities study to focus on consolidation
of City administrative functions, with the possible inclusion of courts and
law enforcement functions, at one centralized site. If this can be done,
the City expects that the effective level of service can be increased
within the proposed LOS. Toward this end, the City is programming
funds for replacement of City Hall, the Permit Center, and some or all of
the facilities used by the Police Department (see Law Enforcement
section) with once consolidated facility in 2002.
b. Parking Structures
(1) Existing Demand
(To be completed)
(2) Level of Service (LOS
(To be completed)
(3) Future Demand
Capital Facilities Element - Part 2
CFP - 30
Capital Facilities Program
Water
I:er:supPl
Existing Sources 9.1 - 23.7 13,460 - 16,565
Potential Sources 11.0- 12.2 7,470
Total Sources 20.1 - 35.9 20,930 - 24,035
Source: Bremerton Water System Comprehensive Plan Table 8-7
It is projected that if pending water rights certificates are secured, then no
additional sources will be needed to meet the total demand through the next six
years. However, future water sources will need to be secured to meet
anticipated demands beyond year 2000. (Table WA-3)
· ::.. i. :. :.. FutureNeed:~Water
;:i:~ .... I:i~em~nd:(P°pUlafi°h?;~ity'C°untyService I Avg. Day. Demand
1995 * I 56,701 9.04
1995-2000 (new) I 9,686 4.20
Total as of 2000 66,387 13.24
I
2000-2014 I 11,764
Total as of 2014 I 78,151
Sources: Bremerton Water System Comprehensive Plan, updated by Bremerton Water Utility
* 1995 demand from Kitsap County Department of Development
Assumptions: 2000: Pop. X 103 gallons/capita + 3.2 MG for PSNS
2014: Pop. X 100 gallons/capita + 3.2 MG for PSNS
4.38
17.62
3. Proposed Facility Improvements
The Bremerton Water Plan recommends that an additional 0.7 mgd of groundwater
supply should be developed by 1995 and a total of 1.4 mgd should be developed by
year 2000. (Table WA-2) The City,bas:~o add:,ti~nal
The Water Plan concludes that existing distribution system is capable of meeting typical
system demands. Improvements in transmission and distribution mains are necessary
Draft Capital Facilities Plan
8/26/97