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HomeMy WebLinkAbout09/17/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA SEPTEMBER 17, 1997 lqq~ 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 27, 1997 B. Minutes - September 3, 1997 #AB97-208 CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. The Appointment Of Two Committees To Write Statements "For" and "Against" The Emergency Medical Care And Services Tax Levy o ORDINANCES A. Ordinance (First Reading) Amending Litter #AB97-211 40 Regulations To Establish A Separate Infraction For Throwing Cigarettes Or Other Burning Refuse Reconsideration Of Merit Company Proposal And #AB97-192 ~4 Clarification Of Department Of Transportation's --/ Concern Relating To Capital Facilities Program; Ordinances (First Reading) AGENDA BILL -BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES - AUGUST 27, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 9-17-97 City Council payed Farr~ Prm~idmnr '9-11-97 2. ~: (comment on back if necessary) ENDORS EME~NT I N FORMAT I ON MAYOR APPROVED BY COUNCIL ~RE$I~ FOR SUBMITTAL: COUNCIL PRESIDENT~'+~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COIrNCIL ActION: 8. R~COM~ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PU/J,ED TABLED COUNCIL DIRECTIVE: 10. NOTIC~ OF ACTION APPROVED DISAPPROVED AMENDED 2. ~LEARANCE COMMENTS:. ~. ~ACT ON NON-PASSAGE: -~~CT'~ON .STAFFING. BUDGETS. FACILITIES, EOUIPMENT OR OTH]SR RESOURCES: -~OURCES T~PE %1487 UN~PPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 27, 1997 #0032 #0055 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 27, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Deacon Bemis of Our Lady Star Of The Sea Catholic Church. President Fart made the following announcement: (1) The City Council will hold a Study Session immediately following the Council meeting, in the Council Conference Room. Topic of discussion will be "Sinclair Landing Update." CONSENT AGENDA A. Advertisement - Washington State Lodging & Travel #AB97-193 Guide 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 27, 1997, the Council does approve for payment those vouchers included and further described as follows: #FT4391, 211988, and 212006 through 212190 in the amount of $328,774.18; and Retirees' Payroll for the period ending August 31, 1997, in the amount of $99,035.59. COUNCIL MEMBER REPORTS Mr. Law announced the Community Resources Department has information available about con games and scams, particularly targeting senior citizens. He encouraged those with elderly friends or relatives to pick up a copy of the brochure. He will also have brochures available at his next District #3 meeting. Mr. Neville reported work has started on the Evergreen Park TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 2 of 30 seawall. Mr. MontgomezTannounced the MOM Committee is sponsoring a Rally on the boardwalk on September 6, 1997, starting at 10:00 A.M. He encouraged the public to bring their signs showing their support to retain the USS Missouri within the continental United States. In regards to the Missouri, the Navy will hold a session of the 106 process, which is a process they are required to go through when any historical designated building, site, etc., are to be transferred. This session will be held at Keyport in the Naval Underseas Museum. He read a letter received from Mary W. Haines, whose son died aboard the USS Arizona, in which she expressed her disappointment that the Navy would consider mooring the Missouri near the Arizona Memorial and views that as a sacrilege. She supported keeping the Missouri in Bremerton or Long Beach, California, but not near the Arizona. Mr. Montgomery noted more people in the United States are getting on the bandwagon and there is the possibility a lawsuit may be filed against the Navy. Mr. Winters stated as Chairman of the Telecommunications Committee, he wanted to know when City staff and members of the Telecommunications Committee will be meeting to discuss the proposed Telecommunications Ordinance. He is looking forward to the Blackberry Festival this weekend. MAYOR'S REPORT Mayor Lynn Horton read the following Proclamation: (1) SEPTEMBER 1-5, 1997, WASHINGTON WATER WEEKS. Don Larson, President of Washington Scuba alliance, accepted the Proclamation and displayed a color poster listing Water Weeks events. A Water Weeks Journal can be obtained by calling the 1-800-824-4EPA. He announce his group sponsors the annual Sinclair Inlet Clean Up, which will take place on September 20. Mayor Horton announced as a springboard into the Blackberry Festival activities, the USS Nimitz will be honored for their presence and tenure in the City of Bremerton. She invited everyone to participate in this event and give the Nimitz a Bremerton kind of sendoff to their next homeport and thank them for their years of service within the community. Mayor Horton read a letter from the city to Captain Issac E. Richardson, III, Commanding Officer of the USS Nimitz, acknowledging their support of worthwhile community causes, such as United Way, Navy Relief, Mothers Against drunk Drivers, American Red Cross, Make-a-Wish Foundation, and Promise Keepers, as well as their major role in Operation Desert Storm and Operation Southern Watch in the Arabian Gulf. PUBLIC RECOGNITION TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 3 of 30 John Thomas, member of the Council Salary Commission, announced the Commission will hold a Public Hearing on September 8, 1997, 5:30 P.M., in the City Council Chambers to take input from the public on a proposed salary increase for the City Council. He asked that the City conduct a public audit of Westsound Community Access Television since they were mostly funded through public funds. Lastly, as of this date, he had not received a response from the Council to his question about the cost of implementing fluoridation. carol Atkinson, Bremerton Main Street Association, announced Blackberry Festival hours are August 30, 10:00 AM - 8:00 PM, and August 31, 10:00 AM - 6:00 PM. Darrell Tanner, Car Show Chairman, stated he anticipates having 200 participants, which will include Harley- Davidson motorcycles, Honda Motorcycle Club, new cars from local dealerships, classics cars, custom cars, antiques cars, and custom low rider bicycles. Mel Journey, chairman of the First Annual Fly In, announced this new event will be held on August 30, 1997, starting off with a Pancake Breakfast at 9:00 A.M. The Port of Bremerton and the Bremerton Pilots' and tenants Association are co-sponsors of this event. Ms. Atkinson briefly listed the entertainment lineup and announced a another new event this year is the Golf Tournament at Gold Mountain on August 29. Dave Boynton described how the Hydroplane Exhibition, a new event, came together this year, and will take place in Sinclair Inlet west of Puget Sound Naval Shipyard (PSNS). The participating hydroplane is the "PICO." Mr. Winters asked where the public could view the hydroplane exhibition? Mr. Boynton stated PSNS will be opening their parking lot near the Missouri gate and there is a small park to the west of that parking area. However, the best place to view the event would be from a boat. He cautioned the public to not park along the Navy Yard Highway since it could create traffic problems. Ms. Atkinson announced the USS Nimitz Open House will take place on August 30, 10:00 AM to 4:00 PM. Lastly, she announced more new blackberry products will be introduced at the festival. Del Knauss stated several times he has brought up to Council his concern about the Council Salary Commission and its conflict with RCW 35.22.205. He urged Council to request the City Attorney look at the Washington State Constitution that governs how Council members are given salary increases. He is aware the Council Salary Commission is considering that eight Council members receive a 45% increase and the Council President would receive a 55% increase. During all of his working career, he has never received that kind of pay increase. He believes the money used for Council salary increases would be better spent on a Fireman, Policeman, Planner or Parks employee. He also believes the Council's current salary is TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 4 of 30 comparable to other cities of a similar size. He urged Council to be the ones to vote on their salary increase. President Farr stated the City Attorney has already reviewed this issue and made his determination. Don Larson, President Kitsap Diving Association, handed out copies of Washington Water Weeks Journals to the Council members and noted it is a great way to promote activities in Bremerton. He report the State Park Commission is making progress on an Underwater Park program and he still maintains his strong support for Bremerton to become involved in such a program. 8A - BUDGET ADJUSTMENT - 1997 WASTEWATER FUND 451, ~AB97-19a A number of project activities have occurred in the Wastewater utility that necessitate adjustment of the 1997 Wastewater Fund Budget. The attached budget adjustment request outlines the adjustments to be made. The adjustments provide for the final costs on the WWTP Odor Control Project and 1997 property acquisitions in Oyster Bay, Zone 1. Revenues include Public Work Trust Fund loans and Centennial Clean Water fund grants not previously included, and recognize the settlements received from Agri-Tech, Harbor Insurance and CH2M Hill. This adjustment also provides for ongoing contribution litigation against Metcalf & Eddy Services Inc. approval by the Council of the attached budget adjustment in the amount of $1,275,976 is requested. Gene Sample¥, Public Works and Utilities Director, stated this Budget Adjustment is a result of on going litigation, costs associated with that action, projected costs for the remainder of 1997, and capital projects that were carried over from 1996. It was anticipated that those projects would have been completed in 1996; however, it was necessary to roll them over into 1997. The timing to present this Budget Adjustment was determined when it was felt there was no longer a strong possibility that the City would receive additional settlement revenues for the settlements that the City paid out in litigation to the Charleston Beach Association and other claims~ The source of funding is the Miscellaneous Non- Revenues receipt side of the Public Works Trust Fund Loans and the Centennial Clean Water Fund grants as well as the available cash balance budgeted for the end of the year. The budgeted ending cash of $1,407,369.00. the projected budgeting ending cash with the subject revision would be $131,393.00. Public comment - none. Mr. Winters questioned if $767,000 was the correct figure for litigation costs and what was the amount received in settlement? Mr. Sampley stated the litigation cost figure was correct and the TAPE #1487 City Council Reg. Mtg. Minutes Aug,/st 27, 1997 Page 5 of 30 #1069 settlement amount was $1,980,000.00. M/S/C/U(Montgomery/Winters) The City Council approve attached Budget Adjustment No. 97-27 to Wastewater Fund 451 in the amount of $1,275,976 to reflect the correct status of the fund. 9A - RESOLUTION #2620 - ENTRY INTO EMERGENCY SERVICES FACILITY/MASTER PLAN AGREEMENT REGARDING JOINT TRAININ~ FACILITY, #1179 ~AB97-195 The City of Bremerton Fire Department would like to enter into an agreement with various other fire Districts and Departments to establish a joint Fire Training Center on National Guard Property located at 1299 Union Avenue. Mick McKinley, Assistant Fire Chief, briefly reviewed the background for the development of a joint Fire Training facility, which started in 1989, when the City considered the replacement of the fire tower at Evergreen park. After evaluating several sites in the City, Fire Services of Kitsap County banded together and chose the National Guard Armory site on Union Avenue. This process has taken over three years to come to this point. Public comment - none. Mr. Winters complimented Mr. McKinley for his dedication to this project, and reiterated his suggestion to name the facility after Mr. McKinley. M/S/C/U(Montgomery/Colvin) To Pass Resolution #2620 to establish a Joint Fire Training Center. 10A - ORDINANCE (FIRST READING), ANENDING THE PENALTIES FO~ VIOLATION OF THE CITY BUILDIN~ CODE, #AB97-196 A recent case has found that courts of limited jurisdiction, such as Municipal court, are only authorized by Court rule to issue search warrants upon probable cause to believe evidence of a criminal offense may be found, 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 B.M.C. 17.04.110, these would be classified as civil infractions. Since these construction and fire code violations often require on-site inspection for successful prosecution, it is recommended that the default penalty be changed to a misdemeanor to allow search warrants to be issued. Ian Sievers, City Attorney, briefly reviewed the discrepancies and TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 6 of 30 #1325 reasons why this ordinance was necessary to allow a proper investigation under a search warrant. Public comment - none. Mr. M¢Conne11 asked for clarification for the deleting of "and fire safety," and asked if it was addressed under a different ordinance? Mr. Sievers stated this particular penalty section was not amended when the first section of that chapter was amended. M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading, amending the penalty for violations of the City Building code, and amending Bremerton Municipal Code 17.04.110. 11A - CONTINUED PUBLIC HEARING 1997 DOCKET OF COMPRE__w~_.NSIVE pLaW AMENDMENTS, RELATED REZONES, AND TN~ ADOPTING ORDINANCES (FIRST READING) t ~AB97-192 President Fart stated approximately two-thirds of the items were reviewed by Council and public comment taken on August 20; however, no formal action was taken by Council. During this hearing, staff will complete their presentation, public input will be taken on each of the remaining items, then a vote will be taken on first reading of the ordinances. President Farr asked the "Appearance of Fairness/Conflict of Interest" question, with all Council members being seated. Ron Hough, Planning Manager, explained this is a continuation of August 20, 1997, public hearing. He briefly recapped each of the seven items discussed at the previous meeting. President Fart opened the opportunity for public testimony on the following seven items: (1) Harbor Heights Apartments: Public comment - none. (2) Bremerton School District: Public comment - none. (3) Auto Center Area Industrial: Public comment - none. (4) Broad Street Residential: Public comment - none. (5) Merit Company: Susan Brown, 1333 E. Hope, stated this was a difficult meeting to be at due to the confusion of the notification process. Those who attended the Planning Commission meeting were told this public hearing would be August 27, but residents received letters stating TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 7 of 30 the public hearing would be August 20; therefore she requested action on the rezones be put on "hold" and re-advertised. She further explained she has watched this property since moving to the area 28 years ago, and was aware that the property has severe water problems in recent years. The Merit Company has owned this property for 30 years and she understands the time is right for them to maximize their profit, but she does not believe it should be at the expense of the neighborhood. Existing neighbors bought their homes years ago assuming there would be houses across the street. If businesses are intended, she suggested a 100 foot buffer along the eastern edge, using the 15% open space required for this rezone to protect the existing neighbors. (6) South Smith Cove: (Note: a letter was received from Mr. Paul S. Milnes and included in the City Council packet on page 110). Scott Buckingham, 900 block Washington Avenue resident, suggested the City expand Evergreen park to include the Standard Oil property in order to maximize the view potential from the park. Mr. Overson stated in the interest of efficiency, Council should go forward with the original proposal of Parks and Open Space as opposed to sending this issue back for further review. His reasoning is if the owners disagree with what the City proposes, they should request that it be changed to something else. Sievers, City Attorney, stated the City received a letter from an attorney representing one of the property owners (Loftus property), who is in his own right and proactive objects to the rezone of his property. In affect, one of the property owners is not willing to wait to see what happens with the City's property acquisition. (7) Waterfront Access Plan: Scott and Pamela Buckingham, 900 block Washington Avenue residents, stated their major concern over this proposal was the adverse affect it would have on the residents, particularly having to do with increased traffic and safety for their children. They were also concern about the possibility of High School age youth hanging out in the area, if it that area was developed by the City, possibly bringing a bad element into their neighborhood. Amy Burnett, 900 block Washington Avenue resident, pointed the existing use of the subject site is a short driveway with a garage and has been used as such for many years. Her bedroom window, as well as her neighbors, is only 10 feet away from the site and the two residents on the other side of the "short driveway" are 5-20 feet away. She noted there are four residents on that small driveway and three of them use it as they exit out of their front TAPE #1487 City Council Reg. Mtg. Minutes August 27, 1997 Page 8 of 30 door. Three to five vehicles are continually parked on the site. She questioned if the area is kept as a view point, will all parking of vehicles be prohibited? She emphasized parking is a critical situation on the section of Washington Avenue north of the Manette Bridge. She asked that residential parking be allowed to continue on the site, if the Council decides to keep the subject area as a view point. Del Knauss, Bremerton resident, stated when he Chaired the committee that developed the City's current Comprehensive Plan, not one person spoke against having the subject area as a low key view point. The area was designated a low key view point prior to the adopting of the current Waterfront Access Plan. He sees keeping the viewpoint designation as a benefit to the neighborhood, not the general public. He supports retaining parking on the site for neighboring residents and to keep it as a viewpoint. David Baldwin, 900 block Washington Avenue resident, stated he has been a homeowner in the subject area since 1989. During the Planning commission's discussion of this item, he voiced his opposition to keeping the subject area as a viewpoint. He doubted the site could be maintained as a low key viewpoint, if it was developed. Parking along their portion of Washington Avenue is extremely difficult and at times people traverse llth Street Place (posted as one-way) the wrong direction. His neighbor JoAnne Marez, who was unable to attend this meeting, supports the proposal to remove the viewpoint designation. Another neighbor, who resides at 959 Washington Avenue, has a letter on file in support of the proposal as presented. ~. Emily Mosha¥, Park Avenue resident, stated her opposition to retaining the subject area as a viewpoint. Paula Johnston, Deputy City Clerk, read the following letter into the record: "I reside at 110 1/2 llth Street Place. I am concerned about turning our driveway into a view point. My son's bedroom is only 20 feet from this area. I also have concerns about parking. There have been times when I come home in the evening and there is nowhere on the road to park. This forces me to park in the red zone and receive a ticket for $50.00, so I count on my spot in the driveway. My final concern is our increasing problem with crime in our neighborhood. I feel putting a viewpoint in a residential area would invite more crime and problems with neighbors and our privacy. I am not thrilled about a viewpoint being put here, but I hope that if this takes place a compromise can be reached to accommodate us on Washington Avenue and llth Street Place," signed Sara Marez. TAPE #1488 TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 9 of 29 CAPIT~L FACILITIES ELEMENT: Part 2 of 2 - Capital Facilities program Kay Wilson, Senior Planner, explained the Capital Facilities element is one of five Comprehensive Plan elements required by the Growth Management Act (GMA). The Bremerton Comprehensive Plan Capital Facilities element consists of two parts: Capital Facilities Plan Part 1 of 2 (CF Plan) and capital Facilities Program Part 2 of 2 (CFP). No amendments are proposed for Part 1. The GMA requires that the Capital Facilities expenditures of the city be consistent with the Comprehensive Plan. For that reason, the City updates that element each year. The CF Element must include an inventory of existing capital facilities, a forecast of future needs, locations and capacities, and a six-year plan to finance the capital facilities within projected funding. In 1996, amendment were made to Sections A - Fire And Emergency Medical Services; B - Law Enforcement; C - Parks and Recreation; D -Sanitary Sewer; G - Transportation; H - Water. Ms. Wilson outlined the relationship among Capital Facilities Elements Policy Plan, Capital Facilities Program and the City Budget. The City's projected funding is based on a population projection, as shown on the CFP-2 Population Forecast Chart. Ms. Wilson pointed out a correction to the City's 1997 actual population to reflect 38,600 rather than 36,800. The City Treasurer looks six years ahead at the projected population for the year 2002 (43,000 people) and bases projected revenues out six years on that population as well as other considerations. Under "Future Water Needs," Ms. Wilson pointed out several errors in the documentation provided to Council and noted those errors will be corrected in the September 3 City Council Agenda Packet. She emphasize the Table did show sufficient water for the next six years and projected growth. The Water Utility has requested the following language be included in the Plan: "The City has two additional wells drilled and awaiting water rights. Current regulatory and legal uncertainty at the State level precludes processing of water rights applications except under emergency conditions." The new MUNICIPAL FACILITIES section is basically constructed to provide the background for two items that have been included in the City's Capital Improvement Program and are also included in the Capital Facilities Element, i.e., a new City Hall and potential purchase of a parking facility (Sinclair Landing Project). A statement identifying the need for a new City Hall will be added as follows: "There is considerable expense .in operating and maintaining the current obsolete facilities, Communications, TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 10 of 29 efficiency and coordination are siqnificantly more expensive in the existinq facilities. New construction and desiqn techniques would decrease operations and maintenance costs and imDrove the efficient provision of City services." Public comment - none. Mr. Overson questioned how the City could identify annual costs savings, if a new City Hall facility is built? Ms. Wilson stated she could not answer that question. Mr. Overson questioned the reasoning or projections that a cost savings would be the result of a new City Hall facility. Mrs. Wilson explained this item was proposed as an expenditure in the Capital Improvement Program, which was previously approved by the City Council. Since the two documents must be consistent, text was added to provide the general background on such a proposal and the specifics would come with further study. Don Pratt, Director of community Development, stated the purpose of including the language was to identify a potential cost in the future to undertake studies that will provide the kind of information Mr. Overson requested. He anticipates, within 2-4 years, there will be a request for funds to look at the possibility a new City Hall facility. REMOVAL OF "CEMETERY,, DESIGNATION Mr. Hough identified the location of existing cemeteries along Kitsap Way and Naval Avenue. The "C" (Cemetery) designation was placed on the Plan maps to indicate the locations of existing cemeteries. It was not intended to guide the development of new or expanded facilities. Cemeteries are permitted (by Special Use Permit) in the SF-1, SF-2 and SF-3 low density residential zones. The "C" designation on the Plan maps causes confusion and may require a Plan Amendment whenever an existing cemetery expands within an SF zone. Removing this designation from maps and map legends will avoid confusion and unnecessary Plan Amendments. Public comment - none. Mr. Montgomery questioning the value of even bothering to make this change considering the exiting cemetery properties would most likely never be used for another purpose. If the cemeteries wanted to expand, they could go through the appropriate process. Mr. Hough explained any change outside their currently boundaries would require a Comprehensive Plan amendment, which he did not see as necessary since it is an allowable use under their current zoning. Mr. Winters questioned if the current cemetery on the west side of Kitsap Way owned additional land west of their current boundary? Mr. Hough stated yes, but they cannot develop the site because the Comprehensive Plan shows it as a different use. Mr. Winters #0620 TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 11 of 29 questioned why the City didn't implement a zoning change to the site that is not currently designated "cemetery" in order to meet needs that may occur by 2003-2006? Mr. Hough explained the zoning designation is low density residential (SF-1 or 2), which allows cemeteries with a Special use Permit and in some cases can be granted administratively. Because there are cemetery boundaries shown on the Map, someone could appeal the proposal to expand a cemetery outside the existing area. Since the City is not planning for future cemetery needs, staff did not see the need for a "Cemetery" designation on the long range plan. LAND USE DESCRIPTIONS Mr. Hough stated the Land Use Descriptions comprise four pages of land use designations on the Comprehensive Plan Maps. The Zoning Ordinance describes "zones" in good detail; however, the Comprehensive Plan did not describe the Comprehensive Plan designations, which are similar to the zones, and that situation presented some confusion to the public. The intent is to insert the land use descriptions into the Comprehensive Plan's Land Use Element along with the Land Use Maps. Public comment - none. Mr. McConnell questioned, under the MU PUD applied to a residential project, how many units per acre would be allowed? Mr. Hough stated the Mixed Use PUD Plan designation does not have a range. A PUD combines different zones and through that process high density can be combined with medium density or low density zone with a non-residential planned use zone. But, if a PUD was presented that wanted to combine a commercial center or office park with a medium residential designation, the MF Zone would probably be applied, which is a medium density zone and would become part of the PUD design. The zoning would have a limit on the density within that development. Mr. McConnell questioned if he understood correctly that a PUD does increase the number of units per acre? Mr. Hough stated there is a bonus density opportunity; however, it does not come automatically and comes with additional open space or other amenities. Mr. Montgomez7 stated he understood issues such as these were covered when the Comprehensive Plan was adopted several years ago? Mr. Hough stated the definitions were covered, but were not written into the Plan. President Farr announced Council will vote on the individual action items under the Comprehensive Plan Amendment ordinance. 1. HARBOR HEIGHTS APARTMENTS AMENDMENT M/S/C/U(Montgomery/Huff-Menees) Motion to approve Harbor Heights #0690 #0715 #0735 TAPE #1488 city Council Reg. Mtg. Minutes August 27, 1997 Page 12 of 29 Apartments redesignation Residential (MDR)." from "Utility" to "Medium Density 2. BREMERTON SCHOOL DISTRICT AMENDMENT M/S/C/U(Huff-Menees/Montgomery) Motion to approve the Bremerton School District Amendment to "General & Highway Commercial (C-G)." 3. AUTO CENTER AREA INDUBTRIAL AMENDMENT M/S/C/U(Montgomery/Huff-Menees) Motion to approve Auto Center Area Industrial Amendment from "General and Professional Office (C-P)" to "Industrial Park (IP)." 4. MERIT COMPANY AMENDMENT M/S/C(Huff-Menees/Montgomery) Motion to deny the designation of "Medium Density residential (MDR)" to "Mixed Use/PUD(MU)." Mr. Overson stated the owner of the subject property requested the amendment and had pursued several unsuccessful attempts to develop the site. He sensed the owner now believes the best use of the site would be under the MU designation. He could not support the motion to deny. He believes the City is duty bound to support use of real estate that is under private ownership. Mr. McConnell stated he views this proposal differently. In his opinion it is vague i.e., there are no plans and previous actions to have the site rezoned residential was not successful in developing the site into that use. He was concerned that the MU designation allowed the owner to put any kind of use on the site with only the Planning Commission's approval. Before he could support such a change, he would have to see a plan for that area. Mr. Colvin stated he believes the surrounding neighborhood deserves consideration; therefore, he will support the motion for denial. Mr. Montgomery questioned if he understood correctly that it would require Council approval to develop the subject property? Mr. Hough stated that is one of the conditions under the proposed rezone for this site. Huff-Menees stated her reason for making the motion for denial was out of concern for the neighborhood and the fact the City used the site for residential density to support population figures under the Growth management Act (GMA). She felt strongly that the City should stick to that decision and she does not supporting changing the current designation. Mr. Law stated he was concerned that the size of the buffer kept changing. Mr. Hough explained the proposal would allow other options than Medium Residential. One of the options would be to #1059 TAPE #1488 City Council Reg. Mtg. Minutes Augllst 27, 1997 Page 13 of 29 expand the existing shopping center to allow existing businesses to expand and possibly bring in other new businesses. He was not aware of any proposal submitted to build something specific, but it does open up the options. Mr. Colvin stated he was concerned the City would be giving the property owner a "blank check" to build whatever they wanted. Mr. ~ough explained a site plan review before the city Council is required, if a proposal is submitted. Thi~ i~ the only site in the city where the City Council does a site plan review at a public hearing. Mr. McConnell asked if it wouldn't be more appropriate to rezone a portion of the subject site as "Shopping Center" to aCcommodate future expansion of the existing shopping center rather than having 3/4 of a store in a Shopping Center zone and the remainder in a different zone? Mr. Hough stated that is a possibility and such a proposal would have to come before Council for approval. Mr. Neville stated he supports the motion for denial based on the need to continue its identity as future density residential to meet the GMA. President Fart stated he could not support the denial based on the fact he has faith in the system that has worked in most cases to benefit the City and take the concerns of the neighborhood into consideration when a site plan is approved. Vote on motion: Motion carried. In Favor: Opposed: Huff-Menees, Neville, Law, McConnell, Colvin, Montgomery Farr, Winters, Overson 5. Broad Street Residential Amendment M/S/C/U(Montgomery/Huff-Menees) to approve two small lots on Broad Street from "CG" to "MDR". Mr. McConnell pointed out if the proposed change is approved, it would require the current owner of an adjoining commercially zoned property to provide a buffer on his property. He could not support the motion, if it puts an existing property owner to a further expense and more loss to their business zoned property. Mr. Houqh stated the General Business zone and most business zones require 10-foot setbacks from residential zones. In this case that would be true. He felt the City had sent a precedent with the property on the north side of Broadmore Village when Broadmore Village was rezoned from General Business to Multiple Family. At that time, the affected property owner requested a Special Exception from that rule and was granted the exception. The TAPE #1485 City Council Reg. Mtg. Minutes August 27, 1997 Page 14 of 29 commercial property owner in the subject area is aware of that process and could request an exception to the setback requirement. Mr. McConnell questioned if that exception could be made part of the motion? Mr. Montgomery stated he agreed with Mr. McConnell's recommendation to provide the "exception" in his motion, which he then amended. Mr. Hough reminded Council they were amending the Comprehensive Plan and following this action Council will be addressing a set of rezone requests. This issue is more of a zoning issue than a Comprehensive Plan issue and was more appropriate to include it when the rezone was considered. President Fart asked if it was inappropriate to have it included in the Comprehensive Plan? Mr. Hough stated yes. Mr. McConnell asked that the issue be address when the rezone of the two lots came up for consideration. Vote on motion - unanimous. 6. Waterfront Access Plan Amendment Mr. Oversonquestioned what is meant by a "low key" viewpoint? Mr. Hough recalled when the Waterfront Access Plan was being developed about eight years ago, the intent for a low key viewpoint that provided a stopping/resting area for people walking along the sidewalk and system of sidewalks that would link the downtown with various points along the shoreline, including the Manette Bridge access, Evergreen Park, Smith Cove, etc. Such an area could be as simple as a bench and garbage can. Mr. Overson asked if it could also be a place where local residents park their vehicles and are able to look over the vehicles at the viewpoint without actually accessing the area? Mr. Hough stated it would be a visual viewpoint since there is no physical access to the shoreline. Parking might be developed on the street side with a pedestrian area on the water side. Ms. Wilson stated she believes the Waterfront Access Plan is quite clear about viewpoints in residential areas and the intent is for walkers and no parking spaces provided. And, when a viewpoint is in a residential neighborhood, the City would not plan that viewpoint until a neighborhood meeting was held with surrounding residents. Thirdly, the Waterfront Access Plan addresses protecting the adjacent neighbors from intrusion of noise, etc., through design. There are several other viewpoints along that route and all of them are in residential neighborhoods. Mr. Overson questioned how the City proposed to resolve the owners' concerns where, by default, the site has become access to residential areas and allowed needed vehicle parking? Ms. Wilson emphasized the importance of holding a neighborhood meeting to address those kinds of issues before the City makes a proposal for the site. Because this site is so unusual, it might be the City would provide some neighborhood on- street parking and the viewpoint developed as a path with a bench. Mr. Overson stated he recognizes the concerns of the residents in #1428 #1689 #1711 TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 15 of 29 the subject area that there is need for additional parking; however, he did not see this action as one of those opportunities. The Waterfront Access Plan is a long-term plan that sets aside real estate that can be retained for public purposes and if that use is changed, it would have to be for a significant reason. He did not believe that the issue should be presented on the basis it was presented. M/S/C(Overson/Colvin) To deny the Waterfront Access Plan change as presented. Mr. Montgomery agreed with Mr. Overson's position and the Shoreline Management Plan states the City must protect viewpoints. HoWever, if the issue comes back before Council, he would support a motion to designate residential parking only on that street, but prior to that kind of action, the existing garage needs to be removed due to its illegal status. Mr. MoConnell stated he supports the denial of the proposed change because he sees the viewpoint as a great asset to the surrounding neighbors as well the city as a whole. President Parr questioned if the time frame for developing the viewpoint would be past the six year time horizon? Mr. Hough stated he had no idea when the City might develop the area; however, there is the possibility that the Parks Department might apply for grant funding that may become available in the future. President Parr questioned if the viewpoint remains as it is, would the neighbors be allowed to continue using the site for parking vehicles? Mr. Hough explained it is a non-conforming situation and the City could decide to abate the situation. Mr. Colvin stated if the proposal is denied, does everything remain the same? Mr. Hough stated no, the garage must be removed. Vote On Motion: Motion carried. In Favor: Opposed: Overson, Law, McConnell, Colvin, Montgomery, Huff-Menees, Neville, Farr Winters M/S/C/U(Huff-Menees) Motion to approve Section 7: The text of the Comprehensive Plan is hereby amended to incorporate the annual update of the Capital Facilities Program portion of the Capital Facilities Element. M/S/C/U(Neville/Montgomery) Motion to expand the Park designation to Sheldon Boulevard and expand the High Density Residential to the east of Highland Avenue (Section 8). #1780 #1834 #1867 #1997 #2033 #2064 TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 16 of 29 M/S/C/U(McConnell/Montgomery) Motion to approve Section 9: The Land use Plan Maps contained within the Comprehensive Plan are hereby amended to remove the designation "C" (Cemetery) and designate it as "Low Density Residential" (Section 9). Mr. Overson questioned if it was allowable to have a "O" on the Comprehensive Plan Map if the "Cemetery" designation is removed? Mr. Houqh explained the underlying zoning is Low Density Residential. Mr. Overson asked if that should be added to the motion? Mr. Hough stated yes. M/S/C/U(Montgomery/Huff-Menees) motion to approve the Land Use Descriptions as discussed (Section 10). M/S/C/U(Montgomery/Huff-Menees) Motion to approve Ordinance, on first reading, as amended by the previous motions adopting the 1997 amendments to the Bremerton Comprehensive Plan. President Parr announced the Study Session scheduled to following the Council meeting has been postponed to September 8, 5:30 P.M., in the Council Conference Room. Mr. Hough announced the next action before Council is to approve the following rezone proposals: Harbor Heights Apartment - changing 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).,, M/S/C/U(Montgomery/Huff-Menees) Motion to approve Section 1 of the ordinance (Harbor Heights Apartments). Bremerton School District (Section 2) - change the designations of two lots, located on the east side of Wheaton Way, north of Dibb Street from "PS (Parks & Schools)" to "GN (General Business)." Auto Center Area Industrial (Section 3 - 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 Exhibit "C." M/S/C/U(Law/Montgomery) Motion to approve Sections 2 and 3 as presented. Merit Company M/S/C(Montgomery/Colvin) Company. Motion to delete Section 4 - Merit #2103 #2209 TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 17 of 29 Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Huff-Menees, Winters, Neville, McConnell, Law, Colvin Fart, Overson Broad Street Residential - 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. M/S/C/U(McConnell/Montgomery) Motion to approve the rezone as presented with an exception eliminating the setback requirement for the abutting commercial lot. South Smith Cove - to not rezone the expansion area of Evergreen Park and let it remain zoned as "Business Park (BP). Mr. Neville asked the City Attorney to state for clarification why he recommended retaining the current zoning. Mr. Sievers explained rezoning as opposed to the Comprehensive Plan changing private property to Parks and Schools is premature at this point. Mr. Overson raised a point that a threatened challenge is more real than imaginary. He also felt it could be antagonistic to property negotiations that are currently underway. He appreciates the fact the issue went through the Planning commission and possibly a compromise would be to table the Planning Commission's recommendation on part of the Business Park 4-6 months when it may be coming back to Council when the City acquires the property. M/S/C/U(Neville/Montgomery) Motion to amend 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. 11B - PUBLIC HEARING - APPEAL/DOCK IN OYSTER BAY C~_m~NEL; APPELLANTS: RICHARD WRIGHT ET.AL; LOCATION: 2000 MADRONA POINT ROAD, #AB97-197 The City Council has been requested to conduct a public hearing to decide an appeal of a dock permit application determination of nonsignificance. The dock would be located behind a single family residence in the waterway channel between Oyster/Ostrich Bay. The City Council may agree with the decision or direct that a determination of significance or a mitigated determination of nonsignificance be issued. President Fart asked the "Appearance of Fairness/Conflict of Interest" question. Mr. Winters read the following statement: "On or about mid July Mr. Maynard Hoffman invited him to me home to view the channel and they discussed the channel and its width and TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 18 of 29 did not discuss anything else other than someone working for $10.00 per hour pulling weeds out of his yard. Secondly, on or about July 25-26, 1997, he and his wife and son enjoyed dinner at the home of the Reeds and enjoyed the waterfront, view and dinner. They did not and he would not allow discussion regarding the dock." Therefore, he will remain seated. President Fart asked if any member of the public believes any Council member should excuse themselves due to a conflict of interest with the appearance of fairness doctrine? Bernard Holland, So. Marine Drive resident, stated he had observed Mr. Winters also at the Reed's place of business; however, he was not aware of what they might have discussed. He was also unsure as to what was actually discussed when Mr. Winters was a guest at the Reed's home. Mr. Winters stated he would be glad to relate what was discussed. Mr. Holland stated he was objecting because of the "appearance of fairness"...Mr. Winters could say anything, but he would not know if it was true or not. Ian Sievers, City Attorney, stated the appearance of fairness doctrine as ex parte contacts was amended by statute and does allow that ex parta contacts may take place as long as they are disclosed on the public record and the substance of those conversations are disclosed by the Council member. Therefore, it would not disqualify Mr. Winters. Mr, Holland stated he was objecting over Mr. Winters being at Mr. Reed's place of business, which Mr. Winters did not disclose. Mr. Sievers stated the time frame is important and Mr. Winters may want to clarify if the second incident was after the item was placed on the Council agenda or if it was prior to that date. Mr. Holland stated it occurred within the last month. Mr. Winters stated his impartiality regarding the document is very clear. Mr. Reed is running as a candidate for Council District #9 and he is running as a candidate for Mayor of Bremerton and they discussed those issues. Although he is not allowed to discuss his candidacy in City Hall, he is allowed to explain that situation in front of legal counsel. Mr. Slevers stated all Mr. Winters had to do was to reflect his recollection if any part of the conversation touched on the subject application. Mr. Winters stated no. Mr. Holland stated he felt the two parties sharing a meal was a little to close for an impartial vote. Jerry Parer stated she drove behind Mr. Winters' van as he left Mr. Reed's place of business at 8:10 A.M. Jim Reed stated he was visited by Mr. Winters at his place of business where they spoke at length about Mr. Winters' Mayoral race and his interest on issues. Mr. Winters had not been in his office after the Council Agenda had been prepared on August 22, nor have they had any telephone conversations except for the morning of August 26 when he talked with him about returning a phone call regarding someone wanting to support his campaign. Mr. Sievers stated prejudgment is one of the legs of the appearance of fairness doctrine and Mr. Winters should reflect whether or not he is too TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 19 of 29 close and friendly in his social contacts to make a fair and impartial decision on the matter with the applicant. Mr. Winters stated he would not say he and Mr. Reed were that close, but he has examined the issue and understands Mr. Pratt's recommendations. He perceives he is being challenged because of an earlier "no" vote. He owns a rental property near the Reed property and travels in that area quite often, but over the past five years he and Mr. Reed have conversed very few times. Mr. Reed stated for clarification the appellant is not appealing him, but rather the Director of Community Development's decision and he was at this public hearing to make public comment on that appeal. President Farr stated since he has served on the Council, these are the most serious challenges he has seen to any of the Council members being seated on a quasi-judicial matter and asked Mr. Winters to be sure that he could deal with the appearance of fairness issue, but if he felt there was any doubt he would ask Mr. Winters to consider stepping down. Mr. Winters stated he had no doubt and would remain seated. Don Holtz, Madrona Point Drive resident, asked Councilman Carlos Montgomery to step down on the grounds that within the past 30 days he had traveled by boat through the channel with City employees to address the issue of dock standards, and on Thursday of the past week spent 1-1/2 hours at an adjacent property supporting his negativity to docks in the channel and stating incorrect facts that he felt were pertinent to this case. Mr. Montgomer~ stated he was on Mr. Green's property, along with a City Official, investigating an illegal "pulling-in" of a float, not on Mr. Reed's property. He emphasized the conversation did not include any discussion about docks; however, they did discuss the float issue and the depth of the water. As a City Councilman, when issues come up in his district he usually gets involved to help solve problem issues. He received numerous call about Mr. Green's float. Judy Johnson, Department of Community Development, stated on August 21 she and Mr. Montgomery did visit Mr. Green's property to discuss his float, but they did not discuss anything about the Reed property or the proposed dock. Mr. Montqomer¥ stated Mr. Green did mention Mr. Holt's dock, Mr. Reed's dock, and houses; however, he did not get involved with any discussion relating to Mr. Green's comments. Slevers asked Mr. Montgomery if he recalled any conversation about the Reed dock? Mr. Montqomez7 stated Mr. Green talked about why they couldn't put a dock at that location, i.e, differences of various buildings throughout the channel. Mr. Slevers stated, based on his remarks about the Reed dock, did Mr. Montgomery feel he made any prejudgment on the application? Mr. Montqomez7 stated no. Mr. Sievers stated he believed Council could proceed with the discussion. He noted the judgement is the individual's as to prejudice and prejudgment and they have stated they have none and TAPE #1488 City Council Reg. Mtg. Minutes August 27, 1997 Page 20 of 29 can make an impartial decision. Mr. Montgomery stated prior to going to the Green's property he asked the Director of Community Development, in Ms. Johnson's presence, if visiting the Green property would have any bearing on any further hearings that may come up on that channel? Mr. Pratt's response was no, if he was there for a particular reason. Mr. Winters stated what comes with this job is a little bit of integrity about responding to constituents. The press continues to hurl accusations at him, the public is now throwing accusations at him. He wanted it clearly understood that when Council members state their position, as requested by the Council president over their being seated, he believes their integrity stands for itself. President Fart stated Council must also respect the Public's concerns as well. Mr. Sievers stated there were a couple of other appeals scheduled that were related to Agenda Item llB that are not being heard at this time. There were two appeals to a Shoreline Master Plan interpretation by the Community Development Department, which have been canceled because the interpretation was been withdrawn in favor of the more deliberate public process of amending the Shoreline Master Plan under the moratorium recently passed by the City Council. More important perhaps is the appeal of the denial of the Substantial Development Permit on the residential dock - 2000 Madrona Point Drive, which has been continued to September 24 for revision of findings and possibly the decision. If the decision itself is revised, it will be republished and opportunities for other appeals to be filed, which will also be heard on September 24. Mr. Matt Mathes, Land Use Specialist, stated Council is to decide the action that is the basis of the file for a decision on a shoreline development permit, not the permit itself. A denial for the permit was made, and will be heard as a continuation of this hearing at a later date. If the Council votes "yes" tonight, the DNS decision would stand, and the denial of the shoreline permit would remain. The applicant would then be eligible to reapply for the project no sooner than one year from the date of the denial. If Council votes "No"__ , there would be two options'. 1) to remand the DNS decision to staff for minor changes, then staff would reissue a new DNS; or 2) provide an amendment through a process used to notify agencies. TAPE #1489 The site in question is located on Madrona Point Road. He then passed out supplemental information, Attachments "A" through "F". He understands that the appellant has the burden of proof to show there is a basis for the appeal. TAPE #1489 City Council Reg. Mtg. Minutes August 27, 1997 Page 21 of 29 Dick Wright, signatory appellant, stated the waterway issue being discussed tonight is monumental, and deals with an exclusive, individual piece of property that is totally unique. He is rebutting the decision of Non-Significance by the City of Bremerton, and stated the 3 minute limit would not be adequate for him to provide Council with all of the necessary information he would like to present. Mr. F&rr stated in Public Hearings, the standard procedure has been to limit the time to 3 minutes to assure uniformity and fairness to both sides, and all speakers. Mr. McConnell offered that in the past, the appellant has been given 10-15 minutes, and then anyone wishing to speak after that would be limited to 3 minutes. Mr. Sievers read from the Rules & Procedures, which states the Council President designates the length of argument to afford a fair hearing of the issues, taking into consideration the size of the audience, and number of those who wish to speak. Mr. Wright, referred to the memo on Attachment "C", which showed the SEPA Action was DNS for all projects listed, with one exempt. He then questioned if those on the Council were fully aware of SEPA regulations, and the rules, and asked for a show of hands. He explained in 1971 the State mandated a state policy that would promote efforts to prevent or eliminate damage to the environment. On August 26, he questioned Mr. Mathes how much writing was done in his development of this DNS? Mr. Mathes responded it was customary for staff reviewing a checklist to provide margin notes on each item; however, in the 20+ pages of this checklist there were no marks in the margins. He had reviewed the files, going back to 1993, and found this was typical of approximately half or more of the last six DNS issued. Mr. Wright stated this showed a pattern, then questioned if a detailed statement by the responsible official on the environmental impact of the proposed action was provided, as mandated, and if comments from any public agency that had jurisdiction by law or has special expertise with respect to the environmental impact, were obtained? Mr. Mathes stated prior to making the DNS, the State Department of Fishery was consulted in the field. Mr. Wright submitted the SEPA and the SEPA rules into the record, and stated due to the importance of this action, he requested that Council briefly peruse the highlighted sections prior to making a determination. He then referred to the Environmental Checklist and SEPA Rules, and went over the "Instructions for Applicant". He had previously gone through the document and noted questions he felt were pertinent to the environmental integrity of SEPA. He addressed #11's comments: "Install three pilings (waterwards of hiqh water mark) to secure 92' walkway to 8' by 10' landing. For private recreational use," and noted no mention was made that concrete bedding pads would be installed. He directed Council's attention to the section relating to Environmental Elements, which are questions that do not TAPE #1489 City Council Reg. Mtg. Minutes Aug,/st 27, 1997 Page 22 of 29 deal with this specific unit, so the answers are not pertinent. In his view, SEPA is a very generic document that was produced in the 70's to create a system that would cause oversight of everything from a nuclear reactor, floating docks, livestock along rivers, et.; therefore, there are lots of areas that would not be pertinent to this issue. He referenced a section titled "Animals" and noted no answers were given relating to birds, animals or fish that could be observed near the site or known to be on or near the site. Under that same section (5c) there is a "no" answer to the question "is the site part of a migration route?" Mr. Wright believes that answer should be yes. He emphasized SEPA mandates that it be filled out in a manner that is brief, full and complete and the signature pages states that the information has been appropriately provided and the person filling it out must then sign the document. Mr. Wright pointed out in the subject SEPA document there was no signature page and it went through the Planning Commission review process in an incomplete state. Under the section addressing "Environmental Health, all questions were answered in the negative. Mr. Wright pointed out a sewer line runs directly underneath the proposed dock area. He questioned how would the City access that sewer line, if there was a problem? And, under that same section addressing impact of noise, the answer of "none" did not take into consideration noise from a pile driver that would be required to build the dock. SEPA speaks to uniqueness.., the subject channel is the only one of its kind in the State of Washington. Mr. Wright addressed the section having to do with AESTHETICS and the question "What is the tallest height of any proposed structure(s), not including antenna? The corresponding answer was N/A. Mr. Wright stated when the low tide is out there will be 15 foot towers and when it is full the structures will stick out of the water 3-4 feet. And, under that same section (10b) it questions what views in the immediate vicinity would be altered or obstructed? The corresponding answer was "NONE". Under the section addressing RECREATION, Mr. Wright questioned the "NONE" answer to the question: "What designated and informal recreational opportunities are in the immediate area?" He pointed out the uses of water skiing, swimming, boating, walkers along the beach, etc. He emphasized the Planning Department personnel gave the answers no credence. Mr. Wright referenced Section D(5) - SUPPLEMENTAL SHEET For NONPROJECT ACTIONS - How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Corresponding answer - NOT LIKELY. In Mr. Wright's view that was TAPE #1489 city Council Reg. Mtg. Minutes Aug,/st 27, 1997 Page 23 of 29 a false answer because it will have an affect because other requests for docks will be brought before the Council. If the City Council finds in any other way other than in opposition to the abhorrent ruling by the Planning Department, which was done with total disregard to SEPA, they are not doing their job. He believes the Council role is to represent the people and to follow the laws of the State of Washington. The following individuals spoke in support of Mr. Wright's appeal. ~err~ Peret, Marine Drive resident; Kathy Gallaqher, Marine Drive resident; Kathleen Wriqht, Poulsbo resident; Bernard Holland, S. Marine Drive resident; Suzanne Holland, S. Marine Drive resident; John Sitton, S. Marine Drive resident. ~ar Freymann, Bremerton resident. The following comments were made by the above named individuals: (1) A picture was passed out that was taken in front of Mr. Reed's home showing the narrowness of the channel at low tide. (3) safety for boaters and water skiers. (4) Installation of piling could diverting the current coming through the channel and affect the siltation process. (5) The channel has a cut throat run, smelt area next door to the Holt's property and onion jellyfish that come in and out the bay every third year. (6) The channel is filled with oyster and clam beds. (7) Variety of bird life inhabit the channel and bay areas. (8) Sea Otters also inhabit the area. (9) If approved, Council would be setting a precedent. (10) Per WAC, if additional information is provided or if there is reason to believe the DNS was obtained by misrepresentation or lack of material disclosure, then the lead agency shall withdraw the DNS. The incompleteness of the Environmental Checklist is obviously lack of material disclosure and the lead agency is required to withdraw the DNS. (11) If docks are allows on the channel that are built across from each other, 50% of the channel will be blocked and would restrict the waterway, which is public property. (12) If docks are allowed to be built along channel, it will restrict access to the City's sewer line. (13) Eighteen foot high pilings on either side of the channel are significant. (14) Recreational uses of the channel include: trout fishing, water skiing, sail boats, which will be impacted significantly if docks are allowed along the channel. (15) Misleading information as to State agency approval (Page 263 of the Council Agenda Packet). (16) The City Council's job is to be good stewards and to represent all the people, not just one individual. (17) Leave the waterways for the public's use. President Farr asked the City attorney if Mrs. Wright's statement that the lead agency "shall withdraw" leaves an option to remand the issue? Mr. Sievers stated it is based on the content and this TAPE #1489 City Council Reg. Mtg. Minutes August 27, 1997 Page 24 of 29 is more of holding the applicant responsible or some intentional act of misrepresentation or materially not providing information. In those cases, the DNS is withdraw, but a new Checklist is prepared by either the agency, which would be the City, or paid for by the applicant. The checklist process is taken over because there is some intentional misrepresentation or lack of providing information. The Checklist can also be found to be inadequate or insufficient and remanded back for further information that can be provided as a supplement by the agency, which is less accusatory. Mr. Mathes stated there is only one appellant per appeal and Richard J. Wright is the appellant in this instance. He quoted the following statement from the appeal: "The relief sought is reversal of the DNS to become a "Determination of Significance." He stated even though there may be many holes in the information and under the best of circumstances more information could have been provided, he did not think Council heard the word significance, probable or likely, which are the three key words that Council needs to find in order to make a Determination of Significance. Mr. Wright's appeal references a "75-foot dock", when in actuality the proposed dock is 120 feet ( 75-foot floating dock would be attached to a 38 foot fixed pier and connected by a 10-foot gangway (not included in total length of dock), which would deal with the 18-foot tide change in the subject area. The structure would cover air space over the water, it does not cover the water surface area. Someone brought up an issue about a stone bulkhead encroachment; however, the City does not have any record on file for any encroachment and he believes the applicant has a statement obtained that the bulkhead existed in the present location on the Reed Property and the adjacent property since 1940. That document is available for Council's review. He pointed out members of the public had access to the drawings of the dock that showed actual dimensions. Another issue brought up was the SEPA amendment can be used to redescribe the project. This was done successfully for the Targett Dock DNS and for Kitsap Service Center when new information was available, which is recognized under SEPA rules. On file is a letter of shared use from Jane Erlandsen dated May 21, giving permission to the current location of the existing fixed pier that lies closer than the setback would normally allow. The 7.5 foot setback does exist from both the lateral and sewer main, which is the standard the City requires for access for service. The existing pier is three feet wide, as permitted and is longer than 25 feet that was permitted in 1991. Although the State Department of Fisheries has acknowledge a larger size pier is not a problem and that documentation is on file, in 1997 they do not feel it is significant and they do not provide permits in arrears, but find no relevance or significance in moving forward and attaching more dock. There was mention that the pier is illegal or non- conforming; however, that is not the case in that the applicant has TAPE #1489 City Council Reg. Mtg. Minutes August 27, 1997 Page 25 of 29 also sought what the Shoreline Code provides. The height requirement is a Shorelines Substantial Development review issue that should not be addressed during this hearing. Addressing the issue of removal of notices at property address - the City's common practice is to post notices on properties, check them once during the notice period and then remove them at the end of that period. Mr. Mathes disagreed with the statement that one dock is misguided progress. The Shoreline Plan does enable piers and docks to be permitted within the existing guidelines and regulations. In fact, the City has provided and considered over six applications for docks and more than four are currently built. Therefore, he does not believe there is a basis for a finding of Determination of Significance; however, he agrees there is room for improving the level of information. It occurred to him that most of the people, who have acted to take on this issue, know the information that has been presented, i.e. representatives from Fisheries, Department of Ecology, etc. The following individuals spoke in support of Mr. Mathes' presentation: Jim Ree4, Madrona Point Drive resident; Don ~oltz, Madrona Point Drive resident. The following comments were made by the above named individuals: (1) Usually, when someone makes an appeal or takes legal action against one issue or another their standing has to be established. No one has addressed the fact that Richard and Suzanne Wright are not residents of the City of Bremerton, but reside in Poulsbo. (2) Appellant has not provided how the proposed dock would adversely affect him personally. (3) Mr. Reed presented a signed, notarized statement that addresses the existence of the bulkhead prior to the 1971 Shoreline Master Program. (4) No information has been purposely withheld.., the environmental issues on fish runs and bird habitat have been addressed by the Department of Fisheries in a 3-page conditional HPA. (5) The ramp dimensions is not known at this point because the actual design of the dock is not final. And, the floating part of the dock will extend 75 feet into the water. (6) The side yard setback has a special exemption clause in the Shoreline Master Program, if a joint use agreement is obtained. (7) Access to the City's sewer line has been address by the setback requirements. (8) The legal term for the channel is technically the northern exit of Oyster Bay. (9) Because the City's has a moratorium on dock applications, there will not be a rush of applications until the Shoreline Master Plan is amended. (10) Bremerton needs some progress. (11) The Department of Community Development Director Donald Pratt granted approval for a 150 foot dock in Oyster Bay in May 21, 1996; and a Hydraulic Permit #1634 TAPE #1489 City Council Reg. Mtg. Minutes August 27, 1997 Page 26 of 29 was granted from the Department of Fisheries, which required extensive work. (12) A professional survey by Parametrix, Inc., was presented detailing the channel to be 637 feet wide. Mr. Montqomez~f asked if he heard Mr. Mathes say that he makes notations on the right hand column of the Checklist as he makes his review? Mr. Mathes stated that is the procedure used, if comments are made. Out of the six DNS that have been issued since 1993, about one half have had comments on every fifth item and the other half had no remarks at all. Mr. Montgomer~ questioned the absence of Page 7 of the checklist? Mr. Mathes stated the appellant has looked at page 7 and agrees with the original. Mr. Montgomery stated in order to make a decision he needs complete documents. He has raised similar concern on other issues, and questioned the exclusion of a signature page? Mr. Mathes stated he was at fault for the missing Page 7 and the omission of the signature escaped his attention due to the applicant presenting other documents requiring his signature that he was providing honest information to the best of his ability. The applicant did sign the joint use application permit to the Department of Fisheries and to the U.S. Army Corps Of Engineers. Mr. Mathes believes the applicant was given a packet that was missing Page 7. Mr. Montgomery stated Council does not expect clerical errors and expects a complete document prior to making their decision. He would concur with the appellant that the SEPA is not a good document and understands how it could be confusing to the public. He was not ready to vote on this issue until a complete document is presented. Mr. Winters asked Don Pratt how many years he has served as the Director of Community Development for the City? Don Pratt, Director of Community Development stated 14 years. Mr. Winters asked if at some point in time during those 14 years, he experienced situations where pages were missing from documents presented to the City council? Mr. Pratt stated yes, more than once. Mr. Winters asked Mr. Pratt if his recommendation to affirm the SEPA DNS decision was 100% recommended by staff within the Department Of Community Development? Mr. Pratt stated no, they responded to the argument of the appeal and he deferred any decision to be made by the City Council. He concurred with Mr. Mathes's earlier comments that there are problems in the document. Mr. Overson questioned the kind of project that would warrant a significant determination? He pointed out the Overwater Park Project (boardwalk) did not even require an EIS. Mr. Mathes' memo to file shows a consistent history of proper determination that has been supported by State agencies and he could not find objective standard. M/S/C(Overson/Winters) Motion to affirm the SEPA DNS decision. TAPE #1489 City Council Reg. Mtg. Minutes Auqust 27, 1997 Page 27 of 29 Mr. McConnell stated his concerns as follows: (1) the document was more concerned with building buildings on lots than the waterfront. (2) No birds or animals of any kind were identified as inhabiting the subject area. Because of that answer, Mr. McConnell suspected the accuracy of other answers. He also questioned the answer that there would be no noise associated with the proposed dock project. He noted the current Shoreline Master Program designation was listed as "NONE;" however, he assumed the Department of Community Development would have provided that information to the person filling out the form. In his opinion, the problem with this issue was not with the application for a dock, but rather the information provided by City staff. Mr. Colvin questioned the accuracy of Mr. Mathes' earlier statement that no other docks can be built after Mr. Reed's is built. Mr. Mathes questioned if he made such a statement; however, if it appeared he did he believed it referenced the moratorium that is currently in place. Mr. Colvin asked the City Attorney if that statement was accurate? Mr. Sievers explained several applications for docks have already been submitted to the Department of Community Development. During the moratorium no docks will be built; however, that is a short duration and applications for new docks will be submitted under new regulations. Mrs. Huff-Menees stated she shared Mr. McConnell's opinion that the process involved with the document is an insult to the City council, Mr. Reed as an applicant and this process is an insult to the appellant and those who have spoken in support of the appeal. The regulations having to do with SEPA are very definitive and what has been presented does not come anywhere close to compliance. It disturbed her that Mr. Mathes threw off the issue of missing pages and no signatures and points within the checklist that have not been addressed. She was not impressed with his presentation and she was sincerely disappointed that the City has a process as flawed as this situation. Mr. Montgomery stated his comments on the SEPA Checklist are not a reflection on Mr. Mathes; however, the form itself is a poor example of proper documentation and he favored having the Department of Community Development take another look at this issue to get it in accordance with SEPA regulations. He did not see how he could make a determination when he did not have a good understanding of the information provided. Mr. Neville questioned if he understood correctly that the appellant's appeal was submitted May 16, 1997, and that it is to be acted upon with 90 days? He asked if there was a reason why the appeal had not been acted upon within that 90-day period? Mr. Pratt explained there were negotiations as to when these kinds of TAPE #1459 City Council Reg. Mtg. Minutes August 27, 1997 Page 28 of 29 issues should be heard and decisions made. He recalled there was concurrence among the parties that going beyond the 90 days was acceptable. Mr. Neville asked Mr. Pratt to expand his explanation as to the major issues causing the delay. Mr. Pratt stated he recalled their trying to figure out how the regulatory reform requires the SEPA decision to go forward with the decision on the dock itself, which actually did not happen. Mr. Neville questioned if the easy way out was a DNS? Mr. Pratt stated he did not think it reflected on the DNS and the merits of the DNS stand alone. Mr. ~eville stated an earlier comment was made that some items had been whited out in the Army Corps Of Engineer's document. He asked if there was a specific reason that should have happened, if it did? Mr. Pratt stated he did not have an explanation; however, his understanding of the process is the Army Corps of Engineers document had no bearing on the SEPA determination and has little bearing on the City's actual decision on the Shoreline Permit itself. Mr. Mathes explained the applications go to the City at the same time they are processed through the State agencies and that was the reason why there was no identification number, date of application or date of approval for the three permits listed. It is not an omission or white-out, just the best information available at the time. President Fart asked Mr. Mathes to clarify if a DNS is overturned, will it automatically invoke the requirement for the applicant to prepare an EIS? Mr. Mathes stated as he understood SEPA rules, overturning the decision allows the Council to either find that there is a Determination of Significance and immediately following that decision EIS scoping would occur. TAPE #1490 During that EIS scoping process, the applicant would have the opportunity to address each impact as it comes up and if it is possible to mitigate those impacts there could be a finding of Mitigated Determination of Nonsignifiance (MDNS). The MDNS would be something between the DNS and DS finding, but is an inner active process that would happen after Council's decision. The City Council could make a decision, at this time, to overturn the DNS and either stipulate exactly what Council wants in replacement of that DNS or leave it open for the process under the rules to decide if it would be a MDNS or EIS President Fart asked if Mr. Mathes had seen very many requirements for applicants to prepare an EIS on a 75 foot wooden floating dock? Mr. Mathes stated no, and his research included looking to other Puget Sound regional areas. President Fart stated he believes there are problems with the preparation of this particular form, and on a broader issue some of the Council feels the form isn't appropriate to all situations, which is not the issue before #0101 #0124 TAPE #1490 City Council Reg. Mtg. Minutes August 27, 1997 Page 29 of 29 Council. His preference, if Council takes action to make corrections, is to send the form back to have the blanks filled in and have a more judicial scruteny. Mr. Montgomez~ pointed out the proposal is to construct a pier, not a "little wooden float", which could impact navigation. The question before Council is whether or not the DSN is correct and he believes it is not. Vote on motion: Motion failed. In Favor: opposed: Winters, Fart, 0verson Montgomery, Huff-Menees, Neville, Law, McConnell, Colvin M/S/C/U(Montgomery/Colvin) To remand to Department of Community Development to require complete, sufficient and detailed information in the SEPA Checklist on those questions that cover the major environmental issues on this project, to be used for a new threshold determination. President Fart thanked the TV camera crew for their services: Bob Neil and James Nobel, Jr. With no further business meeting adjourned at 10:15 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, Council President City of Bremerton PJ/DF/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES - SEPTEMBER 3, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 9-17-97 City Council David Farr, President 2. ~: (comment on back if necessary) NOTE: MINUTES WILL BE PROVIDED UNDER SEPARATE COVER ENDORSEMENT INFORMATION MAYOR _ APPROVED BY COUNCIL ~' ,~x R SI OR SUBMITTAL: COUNCIL PRESIDENT ~ ~_ 4. SUMMARY STATEMENT AND ~EOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: _EXPIRATION DATE' P~wV%EW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED .DATE: NO: qT° 20? 2. ~LEARANCE COM]4ENTS:. NON-PASSAGE: ~ ~--w.u~C'Tt{~N.STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR fYI"dER RESOURCES: AGENDA BILL BREMERTON CITY COUNCIL '1. SUBJECT: The appointment of two committees to write statements "for" and "against" the Emergency Medical Care and Services Tax levy. FOR AGENDA OF: ORIGINATING DEPT: Fire ORIGINATOR: Al Duke DATE SUBMITTED: 9/11/97 9/17/97 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Kitsap County Specifications for Committee Statements ENDORSEMENTS INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-FAL: COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Fire Department has solicited at two public hearings members of the community wishing to sit on a committee for the purpose of writing statements "for" & "against" the Emergency Medical Care & Services Tax levy. Two individuals have consented to wdte the "for" statements, but no one has presented their names to write the "against" statements. The two name that I bring forward to write the "for" statements are Raymond Manglona and Laurence Stone both City of Bremerton residents. 8. RECOMMENDATION: That the Bremerton City Council appoint Ray Manglona and Laurence Stone to a committee that will write th "for" statement for the Emergency Medical Care & Services Tax that will be placed in the Voters Pamphlet. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENI 11. AGENDA BILL NO: C~'~_ ~ [ O 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: If the authority fails to make such appointments, the county auditor shall, in conjunction with the Local Voters' Pamphlet Advisory Committee, make the appointments. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: Kltsap Co"-ty Local Voters' Pamphlet Administrative Rules D. _Specifications for Committee S.iatem.~4s-for Ballot Measures ~ 1997 Deadline for Statements Wednesday, September 24, 1997 Committees to Write Statements "For" and "Against" Ballot Measures After the submission ora measure from a jurisdiction that is included in thc Local Voters' Pamphlet, the legislative authority of that jurisdiction shall: 1. Formally al>point a committee to prepare a statement advocating the voters' approval of the measure; and 2. Formally appoint a committee to prepare a statement advoealing the voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. If the authori.t~, fails .lQ make su. eh appointments, the coun. t.¥ aud!to.r, shall, in conjunction with the .Local Voters' Pamphlet Advisory Committee, make the appoilntm, ent~. No committee shall have more than 3 members, however, a committee may seek lhe advise of any person or persons in preparing their statement(s). The eommitlee shall elect from among their members a chairperson and shall i~mnediately notify the county auditor of the names, addresses and telepl;one numbers of the committee members. _LenRth .of Statements and Rebuttals: Statements "for" a~d.;iagainst" measures appearing in the Local Voters' Pamphlet shall ]not exceed 150 words, except that the committee may use up to 4 headings to summarize and identify major arguments or portions of the statement for the convenience of the reader and such headings shall not be included in the computation of the number of words in the statement. Rebuttals tO the slatcmcnts "Ibr" and "against" measures appearing in the Local Voters' Pamphlet ~hall not exceed 75 words and must address only issues raised in the opposing statement without injecting issues not previously discussed by either the statement "for" or "against" that measure. Hearings arc not permitted in connection with rebuttal statemenk~. Restrictions on thc SWle of Statements All statements published in the Local Voters' Pamphlet shall be of substantially similar format and style. To promote such consistency, the following standards of format have been established: Statements shall be typed, double spaced, onwhite, g-I/2" X H-" paper. The chairperson nmne, address and telephone number, measure name and whether statement is "for" or "against" shall appear on the top of each page of the statement. The statement shall be typed in paragraph style without tables, lists, graphs or other material requiring multiple indentation. Words, phrases and sentences which are italicized, underlined, capitalized or emphasized in some other manner will be typeset in bold; it is recommended that committees avoid such exaggerations as they will reduce the readability of the statement. Deadline for Submission of StaLemenls and Rebuttals Statements "for" or "against" measures appearing in the Local Voters' Pamptflet shall be submitted to the county auditor by Wednesday, September 24, 1997. The coua~ty auditor will submit a drat~ copy back to the committee for verification by Friday, September 26, 1997. If the statement 'is rejected by the auditor's office, the committee has until Monday, September 29, 1997 to appeal the decision. Rebuttals to the statements "for" and "against" measures appearing in the Local Voters' Pamphlet shall be submitted to the county auditor by a member of the committee within 3 days following receipt of the opposing statement. If the rebuttal is rejected by the auditor's office, the committee has until Wednesday, October 1, 1997 to appeal. Extensions to deadlines may be made as deemed necessary by the county auditor and shall apply to all jurisdictions equally. Decisions on appeals are final. F~e8 No l~es shall be charged to committees submitting materials to be included in the Local Voters' Pamphlet. The cost of/he Local Voters' Pamphlet shall be considered an election cost to those jurisdictions included in the pamphlet and shall be prorated in the masmer provided in RCW 29.13.045. Conlent By law, the county auditor is required to reject any statement Which contains any obscene, vulgar, profane, scandalous, libelous or defan~atory matter, or any language which in any way cites, counsels, promotes or advocates hatred, abuse, violence, and hostility toward, or which tends to cause ridicule or shame upon any person or group of persons by reason of sex, race, color, religion or manner of worship. Editing of St,stements In a publication of this magnitude, it is inevitable that the material submitted for publication may contain some inadverlent errors in spelling, punctuation or syntax which 7 37 could adversely atli:ct readability of the statemont and/or unf ly prejudice the statement or confuse th~'voters. The county auditor may eorrect~'uch incidental errors as long as this does not affect the content of the statement.-The Auditor's Office is not obligated, however, to make such corrections and will assume no responsibility for errors which result from inaccuracies in the original statement submitted by the committee. Unacceptable Statements If m~y portion of the statement is rejected, only that rejected portion may be re-wrirten and submitted for inclusion in the statement. Within 3 days of the rejection of any statement, the committee proposing such statement may appeal the rejection to the county auditor or submit a revised statement. The county auditor shall render a decision within 2 working days of the appeal, This decision shall be considered final due to time constraints. MAILING ADDRESS SEND OR BRING STATEMENTS TO: Kitsap County Auditor Elections Department MS-31 614 Divisio:; Street Port Orchard, WA 98366 The ofrice hours are 8:00 a.m. to 4:30 p.m. 1997 LOCAL V~TERS' PAMPHLET mENTIFICATION O~' STATEMENT_ .,...)MMITTEES. ]FOR BALLOT. M]EASU _S Jurisdiction: Proposition: Check One: Committee Members: Chairperson Name: Title / Organization .... Address: FOR IAGAINST ] Telephone Number: FAX Number: Title / Organization: Address: Telephone Number: Name: Title / Organization: Address: Telephone Number: __ [ hereby certify that thc above-named individuals have been appointed and have consented to serve as indicated and the nam,,, titles and organizations should be listed in the official I.ocal Voters' Pamphlet in thc manner Get forth above. ..... Chairperson of Committee , Date 9 1. SUBJECT: Ordinance amending litter regulations to establish a separate infraction for throwing cigarettes or other burning refuse AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: Sept.~1997 ORIGINATING DEPT: Legal ORIGINATOR: 1. Sievers, City Attorn~~ DATE SUBMITTED: Sept 10, 1997 2. CLEARANCE.S: (Comment on back if necessary) 3. EXItIB1TS: - Proposed Ordinance Police Chief /Z,-" g. '~ '~ ~ / C(~NCIL COMM1TTEfiS EN D~ RS EM EN'I~INFOR?ATION II APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQIIIREMENT FOR COUNCIL ACTION: The 1997 legislature created an infraction for littering by discarding burning cigarettes, This infraction carryies a penalty which is inconsistent with the municipal code. The proposed ordinance adopts this infraction with state penalties and expands the offense to include littering with any burning refuse. 8. RECOMMENDATION: Approve proposed ordinance on first reading and pass on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUN(~IL DIRE~TrlVE: 11. AGENDA BILL NO.: q7-211 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT OR QTHER RESOURCES: 7. RESEARCH SOURCES: "- ORDINANCE ~ AN ORDINANCE creating a separate infraction for disposing of burning material improperly and amending Chapter 6.28 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 6.28.050 of the Bremerton Municipal Code shall be amended to read as follows: 6.28.050 LITTER IN GENERAL. (a) No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the City whether from a vehicle or otherwise, except: (1) When such property is designated by the state or by any of its agencies or the city for disposal or garbage and refuse, and such person is authorized by the proper public authority to so use such property; or (2) Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said 6-9 public place or any private property; or (3) When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant, and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations (b) It is a civil infraction for a person to discard, in violation of this section, .a cigarette, cigar, or other burning refuse that is capable ofstartin2 a fire. The maximum fine, not includin~ statutory, assessments, is Five Hundred Dollars (.$500.00). (..Q Penalty. Any person violating the provisions of this section is guilty ora mixdm'nemrvr civil infraction and in addition to or in lieu of any other penalty, such person may, in the sound discretion of the court, be directed by the court to pick up and remove from any public place or any private property, with permission'b'fthe owner or the person in possession ~fthe property upon which it is established that such person has deposited liner, any and all litter deposited thereon by anyone prior to the date of the execution of sentence. Section 2. Effective Date. This ordinance shall take effect ten (I0) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of , 1997. PASSED by the City Council of the City of Bremerton this__ day of , 1997. DAVID FARR, Council President APPROVED this __ day of 1997. ATTEST: KATHLEEN McCLUSKEY, City' Clerk LYNN HORTON, Mayor 2 AGENDA BILL BREMERTON CITY COUNCIL O~DIN_A_N CE ~'~4606 SUBJECT: - t3RnTWANCW, '~J~607 -- 1997 Docket of Comprehensive Plan Amendments, related Rezones, and the adopting ordinances. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: /2' August 20 & 27, 1 DOD/Planning Ron W. Hough August 14, 1997"~J;' 2. CLEARANCES:~ if necessary) City Attorne~ ev. Operations Comm. ENDORSEMENT'~ INFgRI~IATION__ 3. EXHIBITS: v' Staff Reports / Planning Commission Resolution v' Comp. Plan Amendment Ordinance ,/ Zoning Map Amendment Ordinance ,"--.-Planning Commission Minutes APPROVED BY COUNCIL PRESIDENT FOR-SUBMITTAL: COUNCIL PRESIDENT ~-~ 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] (].) City Council passes OP, DINANC~. ,~/4606 on second r&ading, adopting Bremerton Comprehensive Plan as amended. (2) Cit- Council Passes_ __L~ea~ ~ORDIN^'~C= ¢~4607,9' RESPONSIBLE OFFICIAL: On Ysecond reading~'~r~v~fn~¢~he ENFORCEMENT OFFICIAL: Official Zoning Map Of The City Of EXPIRATION DATE: Bremerton to 'Maintain Consistency With REVIEW DATE: 1997 Comprehensive Plan Amendments 10. NOTICE OF ACTION: PULLED TABLED APPROVED 1997 amendments to the Donald L. Pratt DISAPPROVED~ AMEND COUNCIL DIRECTIVE: DATE: 11. 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, apartments, 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 increase 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: Supplement to Agenda Bill Reconsideration of Comprehensive Plan Amendments · Merit Company Request to change the Comprehensive Plan designation on approximately one-half of a twenty- acre lot south of Riddell Road and west of Almira Drive from "MDR (Medium Density Residential)" to "MU (Mixed Use/PUD)". If approved, this change would support a related Rezone from "MF (Residential, Medium-density)" to "MX (Mixed Use)" on the subject site. · Capital Facilities Program To consider a concern of the State Dept. of Transportation regarding the City's Level of Service on Wheaton Way. See attached clarification. Background & Action: On August 27, the City Council concluded its public hearings on ten proposed Comprehensive Plan Amendments and six related Rezones. It then approved, on first reading, an ordinance to adopt the Plan Amendments and an ordinance to adopt the zoning adjustments. On September 3, the Council agreed to reconsider the Merit Company decision and the State DOT comments on Sept. 17. Since the Merit Company will not be submitting a new or amended proposal, there is no need to re-open the public hearing nor to remand the matter to the Planning Commission. Notices were mailed to surrounding property owners to inform them of the Merit Company reconsideration and to let them know that the City Council will allow public comments prior to taking action. Actions: 1. Following reconsideration of the Merit Company proposal: (a) Deny the proposal --- no further action necessary. OR (b) Approve the proposal as recommended by the Planning Commission (or as adjusted by the City Council) and approve its "first reading" as part of Plan Amendment Ordinance 4606. (c) If the Plan Amendment is approved, approve the recommended related Rezone as part of Rezone Ordinance 4607. 2. Following reconsideration of the DOT comments: (a) Approve the (amended) Capital Facilities Program for "first reading" as part of Plan Amendment Ordinance 4606. Capital Facilities Program DOT Comments on Wheaton/Warren Corridor LOS Background On September 3, after the August 26 deadline for State agency comments, the City received late comments on the Transportation section of the Capital Facilities Program (CFP) from the Washington State Department of Transportation (WSDO'i"). Specifically, WSDOT was concerned about the designated Level of Service (LOS) F as the standard for the Wheaton/Warren Corridor. (See Attachment 1 - WSDO T Letter) Subsequent City staff discussions with WSDOT determined that their concerns were already adequately addressed by discussion in the Comprehensive Plan Transportation Element, and that a few statements of clarification could be added to the CFP to satisfy these concerns. Recommendation Add statements to clarify that LOS E and F are interim standards. (See Attachment 2 - Revisions to Section/. Transportation) Attachment 1 Washington State Department of Transportation Sid Morrlson Secrelary ot Transporlalion September 2, 1997 Olympic Region Headquarters 5720 Capilol Boulevard. Tumwaler P.O. Box 47440 Olympia, WA 98504-7440 (360) 357-2600 Fax (360) 357-2601 Ms. Kay Wilson City of Bremerton 239 4m Street Brcmcrton, WA 98337 Dear Ms. Wilson: Thank you for the opportunity to review Part 2 of the City of Bremerton's Draft Capital Facilities Program document. We have reviewed the Transportation Section, and are very concerned with the fact that it recommends Level of Se/vice (LOS) F as the standard for the Wheaton/Warren Corridor, or State Route (SR) 303. We are currently in the process of updating our Highway System Plan (HSP), and with file assistance of the Kit.sap Transportation Technical Advisory Committee (including Rmldy Witt), we have identified file need for a Major Investment Study (MIS) on the Wheaton/Warren (SR 303) Corridor, which would lead to capital improvements for mobility. In reference to the enclosed spreadsheet, which represents our current dralt of the HSP update, we have estimated for the SR 303 MIS that WSDOT will contribute $400,000, and Randy Witt has indicated that the City of Bremerton will contribute $200,000. We also understand that Kitsap County will contribute as well. Our concern is the fact that Local, State, and Federal funding will be necessary to conduct the MIS and provide subsequent capital improvements. However, if the LOS F is the standard for this corridor, then it will become nearly impossible to ever prioritize funding for any type of capacity improvements, including the MIS. Therefore, we recommend that the City of Brcmerton revise the recommended standard to indicate LOS E or better. Regarding the Manette Bridge LOS, we have recently completed a Feasibility Analysis for a Bridge Preservation Project to replace this deteriorating structure. The City of Bremerton and its residence took an active part in the Analysis, and there was overwhelming support from a majority of local participants that WSDOT not expand .thru-lane capacity on the Bridge. Thank you again for tile opportunity to conmaent.. If you have any questions or commcnts, please contact me at (360) 357-2651 or Ashley Probart at (360) 357-2727. Sincerely, /~~. FARNSWORTH, PE Transportation Planning Engineer GCF:ap Enclosure cc: Randy Witt, City of Bremerton P~SSIBL£ PRIORITY LIST FOR F~TTSAP COUNTY D~.AFT 1995 ~ 2~ZO VK V;C FIX 104 R 0.20 24]6 SIT 101 to IOngotee ~ emi C~u~t Furllmr Study: Pud'mi ~giood mid l"col dbne. kk~ bvnetm#t se.j! M So.l.4 M CoflOdlf ldloly~ b Agm~ Request Budget. Comity pasticilxtJes eskaow~ et th tine St~dy/~o~onmestuJ impact StutamMt foe' moire mute 104 R 20.58 2~ Sit 307 to Lbdveg Rd , 0,56 1.21 0.34 Wkles from 2 Joes to ~ l"m, .~,. mesogesuet. Cost net included fo~ now sis...~ ~( s:o.~3 ~[ P & R bis at Heasw~l-Ailer BUy od exlmfls~on of ~esrge'e Corem' P~k lad Ride bt, th~ofuro not in esdmeto Co~dof ,~oly~ ic Agency Requ~t Budget 104 R 23.89 ~..~.86 t. Jndwg Rd to Kingston Fray end 0~4 0.91K 0.17 to Construct oddiGon.I bo. end signaI" per SR 104 Col~do~ Traffic Ckc~¼6es s3.n ,'d S?.64 M Cor~Jor ,Oaoiysl" in Agency Request Budget [bchden coupbtl Coujdet O.~K improwmests 104 R 23.89 2,4.86 Lindw$ Rd to K'mgston merry end 0,34 0.70 0.17 to Furlh~ Study: Pesding regbeoi and bcol dlscus~on# M,<o ~ so.6~ M CookOut Aaoiysb b Agescy Requent Budget (Includes coupe"cl. Woshinftne Coupist 0.23i( portkipltJon unimowtl et thb time. 3 RAJ 28.23 34~.6 ilde,wn/l(itesF County Lbo to SR 0.55 1.12 0.74 W'dm from 2J3 hines to 4 bees p~ SR 106 to Gorst de~gn oh]dy, eeiunc~d sz:2.77 M $14.6~ M $olitlmbl' 1 ~ Sh]d¥ by ABAM. Ne grade enplrltbes IAenemo It-grade 18 IjlUr it ~rlt hesit, eocene mneogemnet iatarMctbad 3 R 52.29 · c'"%88~ami'glRdU-]dng~'k, toNW 6.62 t.27 1.27 SR3/QOSe,',~--imWovoments(PTnionec~mn~tmnettoc~mpbtoSR3/$R305 Se.~aM So.?~ ~SR305, MP13.31teMP43.52tOiluvaF,]$,pTivtteOewbi~ri_AGENCYR[OUES T'hompenu Rd ~ btarch~el 3 U 45.96 .r:~G SR 3~SR 303 kltercimnge ~ btKclunge knprovomests et Weofe Woy per study. WSOOT ptrtici#doo {WOOl WI~J t 8.88 Id. Tltld COlt b $13;70.M ' ' 3O3 U 0.00 ' ::n16SR304tuSR3 Furlhr Sh]dy: kbjor bvestmest Study'k~AOmcy Request Budget f~endn 30.40~ So.46M route Ma~ Invutmmt oh]dy in A~mcy Request Budget. City of ad(rdbaol 307 U/R 0.00 .~ZS. SR 305 to SR 104 0.71K O.40K WTdm hem 2 june to 4 bum, ocnees cootroL Coot does a,t inchdo I~te ~9.:~ M Sl~.O8 ~ Olim~m traffic imlMCtS :.' to dewbper funded improwmestt fur $ 3.263 M {1996 dohrd 0.67K ! 6fi U 3.36 3.65 Bbci~l~ Creek brkigo to Ibtlut 0,63 1.65K 0.44 to Furth~ study: I~ading regional end ¼eel diesusaione {Wides tTom Burby Rood .93K 4~5 160 U 0.00 0.6~ SR 160~SR 16 bte~chango to 0.88 1.161( 0.96 W'ldm from 2 joes tu 4 · . Ibtlml Rd ~cinity to 1.4~ Route Oov~epmest Ftne Pos~Jb doubb LT bees on br.//1 310 U O.O0 'i.84 SR 3 to SR 304 0.64 1.80K .96 to Acnees monegomest, trtooportoticn syotomo munegemest (TSMI, and s~.o~ 1.60K treslpOrtltbn domesd mlnlgenlest [TON i l les ltl res 1.03 mb out of 1.84 mbs are future doGcinet, th~ofure, c~n~ef otrotogy tlut 'he esth'l I'0utl. DRAI:T - Attachment 2 _ I. Transportation This section is a summary of information contained in the Transportation Element of the Comprehensive Plan. 1. Inventory of Existing Facilities Bremerton's transportation system generally consists of streets, highways, sidewalks, ferries, and public transit. The Transportation Element includes the following information on existing facilities: Streets and Highways · Principal Arterials · Minor Arterials · Collector Arterials · Residential Streets (See Transportation Element Table 1) (See Transportation Element Table 1) (See Transportation Element Table 1) (Not inventoried) Mass Transit · Kitsap Transit · Washington State Ferries: Bremerton-Seattle · Horluck Transportation Co.: Bremerton-Port Orchard (See Transportation Element pg. 20) (See Transportation Element pg. 20) (See Transportation Element pg. 20) Source: Bremerton Comprehensive Plan Transportation Element"F" 2. Forecast of Future Needs -- Level of Service (LOS) Standard Levels of Service (LOS) is an estimate of the quality and performance of transportation facility operations in a community. The Transportation Element measures LOS by calculating the volume to capacity ratio (V/C) of the midblock of a roadway, using a range from A (free flow) to F (stop-and-go traffic). (a) Current Level of Service AlmbSt all tbadways~in ;the:City fUncti0n at or bette~,than: LOS D; :The following existing roadway sections exceed or are close to exceeding a Level of Service D (Volume/Capacity Ratio .90) threshold during the PM peak hour: _ Attachment 2 _ Burwell Warren to Naval 0.77 D SR 304 Preble to Farragut 0.91 E Kitsap Way Callow to SR3 0.87 D Manette Bridge 0.89 D Warren 11th to Bridge 0.8 D Warren (Wheaton) Bridge to Callahan 0.99 E Source: Table 1 - Existing Corridor Level of Service, Transportation Element (b) Recommended Level of Service (LOS) The Transportation Element establishes the following level of service threshold standards: Arterial Streets -- LOS D or better (vic less than or equal to 0.9), :With the exception of the foiiOwinq: · Wheaton/VVarren Corridor-- Maximum LOS F with VIC threshold of 1.06 · Kitsap Way Corridor-- MaXimum LOS E or better (V/C less than or equal to 1.00 · Manette Bridge -- Maximum LOS E or better (V/C less than or equal to 1.00) /<~ Th'ehiAh~rthte~hOldinth'eaboVethree corridorsallQWS time ;to develop ~ti~at'e~i~S'~'tb add~e~s':the C~ddo'r transportation~needsi :Transport.ation proiects in;:thesecotridors Will:have a:qoal to Obtain a LOS: D; Six-year Financial Plan The six-year financial plan for transportation facilities is included in Section K of this Capital Facilities Program. Exhibit MERIT COMPANY-- Plan Amendment: This amendment changes the designation of the northern ten acres of this twenty-acre lot from "Medium Density Residential (MDR)" to "Mixed Use/PUD (MU)" to allow a mixed commercial/residential development or the expansion of the adjacent shopping center. Approval of this Plan Amendment will be followed by a change in zoning to apply the "NLX (Mixed Use)" zone, which is the primary zone for the "MU" designation. .E~ 11 Road C-G LDR C-G · MDR ~ ~ LDR~ t ili"'if I l~ [l[lI[lt 1 LDR 1997 Plan Amend. Ord. -- Page 7 Exhibit REZONE: Merit Company --- northern 10 acres of a 20 acre lot The northern ten acres of a 20-acre lot at the south,vest comer of Riddell Road and Almira Drive, as shown on the map below, is hereby changed from ;'MF (Residential, Medium-density)" to "NLX (Mixed Use)", with the following conditions: A. If a true residential/commercial mixed use development is proposed for the subject site. ir shall be designed so that only residential uses front on ALmira Drive and non-residential uses are oriented toward the Wheaton Way corridor. B. Sire design shall not allow commercial traffic acess from Almira Drive but shall eacourage pedestrian and bicycle access from surrounding neighborhoods. C. 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 one hundred (100) feet. [This provision can satisfy most of the ske's 15% requirement for active and passive open space and may include a meandering pedestrian/bicycle pathway or other amenities, as well as pedestrian access to the shopping center.] D. Development of this site is subject to Site Plan approval by the Bremerton City Council, following a public hearing. 1997 Zoning Map Amendment Ord. -- Page 6 ORDINANCE NO..¢'d g 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.rming 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 I 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 (HI)R)" 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. m 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~'"~~N t Area recently annexed to the City. Designated "MDR". Zoned "MF" (MUlti-family Residential) 1997 Plan Amend. Ord. -- Page 3 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 Wheaton 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)". Change the Plan designation on the subject property from "S" to "C G" C-G MDR LDR - C-.P LDR MU LDR U 1997 Plan Amend. Ord. m 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)". I I .... '" ~..~!~ l ._ ~ ' # .. ..... '" ,~to~.~,c~.', I I ~./I .c.~1'.3:1,'1(. ~' ,n,.. ~..,~ :' ".. " " "'"' ~l,t . ,,,~: .- ",. "., I I ..-...-.'"~ ~,,;..,..,... "' '~' ~ i tll , , · ~n~nllll ~ '. ..... · I tit 1 '"1."_.1 ............ I ....... I!: . !'~.l~.:{~,. H! The Plan designation of the shaded area is changed from "C-P" to "IP" IP HI r Rd. P C-G I 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. I C-G E. Broad Street LDR C-G 1997 Pi~n Amend. Oral. m Page 6 Exhibit "E" CAPITAL FACILITIES ELEMENT AMENDMENTS; Draft Revisions August 12, I997 Bremerton ComprehensA;e 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 "F" 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)".  A'~d Mixed Use ~ NC Neighborhood Convenience ! . LDR Low Densi~/Residential _lC_..] ~, /~% ".- /~d~ .. r,, n~, MDI1. Medium Deflsi~/Residcflti,I ~ ~0~0~~ MDR 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 HDR Oyster Bay C-P B: Central Bremerton Land Use Plan ~ ~ LDR: 1997 Plan Amend. Ord. m Page 9 Exhibit 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 pr.otected through Iow 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 the PUD process to make the best possible use o£the site. Four Prhnary 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 ali residential Plan designations. Small "secondary zones" may be approved within larger residential developments to serve local needs l~or convenience shopping, employment, education or recreation. MDR Medium Density Residential:' This designation is applied to the older higher- density residential neighborhoods of Central Bremerton 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 sh°ppin~/employment concentrations, and have adequate availability of urban services and facilities. MF and CBR are the primary zones in this designation. They all6w 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. I/DR 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 "MI/" 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 oirunique 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 co,nmercial designation. It provides for the "GB (General Business)" and "SC (Shopping Center)" zones, both of which are automobile oriented and designed for application along highways and major arterial streets having high traffic volumes, direct auto access, and maximum drive-by visibility. These locations are suitable 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 pertnitted as a secondary use. 1997 Plan Amend. Ord. ~ Page 10 Land Use DESIGNATION DESCRIPTION C-P General & Professional Offices: This designation supports the "1'0 (Professional Office)" zone. It's applied in locations that are uniquely suitable for ofl~ce development, areas that have physical or locational features that might be less suitable for higher intensity uses, or areas in which office 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 newspapeffmagazine 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 ~nix of uses that includes retail at the street level of the prinmry pedestrian streets, with offices, apartments, studio lofts, and other uses on the upper levels. The downtown zones allow the highest residential densities in tile City with tile 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 of public transit, bicycles and tile ferry system to reduce Ihe importance of tile private automobile in this compact downtown environment. NC Neighborhood Convenience: This designation supports the "NB (Neighborhood Business)" Zone and is intended to provide small scale convenience services and retail goods within small neighborhood service areas. This district is often centrally located within neighborhoo/:ls and should minimize vehicular traffic and encourage short-distance walking. It should not include businesses with regional markets that bring traffic from other areas. Neighborhood Convenience centers often consist ofsmall "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: Tliis designation'is intended for areas that are in transition, usually from residential to commercial or industrial, or that are in a transitional location, such as between a residential neighborhood and a commercial district.' The "MX (Mixed Use)" zone is the primary zone and leans toward commercial development with residential allowed as a secondary use. In cases where the MX zone doesn't provide the needed flexibility, Ihe MU Plan designation promotes mixed use developments through the PUD process. Single purpose developments that don't require a PUD and can't be built within the parameters of thc MX zo. ne should not be designated MU. 1997 Plan Amend. Ord. -- Page 11 Land Use DESI GNATI ON DESCRI PTI ON HI lteavy Industrial: This designation is applied to the City's {cast 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 sto~'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 lind 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 Pprk)" 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 ~ninimize 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. All 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 paths 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 unol~trusive 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 should 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 Jong-range Jnlcnt 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 thc ferry terminal aud 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: All 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 .. within 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 ofthat facility. Public Works facilities are allowed in the "lG (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. Most 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 zone 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 thcir primary uses. Only PSNS has a Plan designation but remains unzoned. 1997 Plan Amend. Ord. -- Page 13 ORDINANCE NO. o 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 fo 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. -- 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 Management to "MF (Residential, Medium-density)". Change from "SF-3 (Residential, Low-density)" to "MF (Residential, Medium-density)". FM MF IG LEGAL DESCRIPTION: That portion of the Northeast quarter of the Northeast quarter of Section 28, Township 24 North, Range I East, W.M., in Kitsap County, Washington AND that portion of block ! 1, 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 88032'06'' 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 ,fa 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 43002'05'' 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 .fa 50 foot radius curve; thence along said curve to the right through a central angle of 33'33'37" for an arc distance of 29.29 feet; thence South 7*08'25" West 37.41 feet; thence South 88°32'06" East 125.62 feet; thence North 7*08' 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. PO 33RD S~. 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 of 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 3OT}I 3 1997 Zoning Map Amendmeht Ord. m Page 4 Exhibit REZONE: 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, B; and C only: Bo Co Do 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 &the open space be used for active recreation. Outdoor storage &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 -- ISF-3 I 1997 Zoning Map Amendment Ord. -- Page 5 7/ Exhibit ggD 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 (~) 4574-000-011-0104 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 ge 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. w 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 11 [ n ' ]'"i I' [ ! ~ Amended Zoning Map: Assessor's hlentification; (~) 3709-001-002-0103: 0.27ac. (~) 3709-001-003-0102: 1.40ac. PS 1997 Zoning Map Amendment Ord. m Page 7 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. 1. HARBOR HEIGHTS APARTMENTS: O/vest Hills area) 8 No changes necessary. 2. BREMERTON SCHOOL DISTRICT: (2 lots on Wheaton Way) ~ No changes necessary. 3. AUTO CENTER AREA INDUSTRIAL: (4 hillside lots in Auto Center) 8 No changes necessary. BROAD STREET RESIDENTIAL: (2 small lots on Broad Street) 8 Added approval of a Special Exception to the map and text of the Rezone ordinance to relieve adjacent property from building setback requirement. 5. SOUTH SMITH COVE: (mostly related to Evergreen Park expansion) · Plan Amendment extends "Park" designation, as proposed. 8 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". (/~ERIT COMPANY: (northern 10 acres of a 20-acre lot) ~8 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. 8. LAND USE DESCRIPTIONS: · Approved as presented --- no change. 9. 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 ELEMENT UPDATE: FACILITIES · Three changes were made to the proposed revisions (attached). CFP Overview -. - ,'n i,:o' r..' ~ ,~- ~ ~ ,:o' ~' :..: · : . ICl .'~ '"" "'" ~ '""* *"" '"" "'" '"" '"* ~ |~1~ (~ 0') O~ (~ O~ O~ O)iO~.O'~iO~'O.O 0'0 0 0 0 0 0 0 ~-' .r- I~_C~ 0~, O~ O~ O) O~ O~ ~0) 0~::0"0:0 0 0 0 0 0 0 0 0 0 0 i I I I spuesnoqj. UOll~lndOd Figure CF-2 Population Forecast: 1990-2012 Capital Facilities Element - Part 2 CFP - 12 Capital Facilities Program 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. ~-! ~rab!~ !~i~[q~9!t~eefficient pro~i~i0U Qfcity se~!~es; 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. Parkinq 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 - - Existing Sources 9.1 - 23.7 Potential Sources 11.0 - 12.2 Total Sources 20.1 - 35.9 Source: Bremerton Water System Comprehensive Plan Table 8-7 13,460 - 16,565 7,470 20,930 - 24,035 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' :~:::;i::;::I :~i::i:' ilili~i ii:L;:.:: ::: Area) 1995 * 56,701 9.04 1995-2000 (new) 9,686 4.20 Total as of 2000 66,387 13.24 2000-2014 4.38 Total as of 2014 I 11,764 I 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 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) T, hle~iCitYi~:S~ a'd~!tiO~!~!~d~l~:~q~ a~;~iti~g!:iwa~er 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 WA - 7 8/26/97