HomeMy WebLinkAbout06/11/97
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CITY COUNCIL MEETING MINUTES
JUNE 11, 1997
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, June 11, 1997, at 5:30 P.M., with
Council President David Farr presiding. Council members present
were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson,
John Law, Cecil McConnell, and Al Colvin. Council member Sherril
Huff-Menees was absent. Also present were City Attorney Ian
Sievers and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Gary Fogelquist of
the Seventh-Day Adventist Church.
President Farr announced prior to the Council meeting Council held
a Study Session and the topic of discussion was Sinclair Landing
Association Update; and immediately following the meeting Council
will hold an Executive Session to discuss "litigation".
CONSENT AGENDA
A. Minutes of Meeting -- May 28, 1997, #AB97-123
#0023 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as
presented.
CLaIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
%0038 M/S/C/U(Colvin/Montgomery) on June 11, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 209649 through 209815 in the amount of $245,357.04.
COUNCIL MEMBER REPORTS
Mr. Colvin thanked the City Engineer for providing a map showing
the north end of the Warren Avenue Bridge, which will be used in
developing a beautification plan for the area that was previously
covered in Scotch broom. He offered the opportunity for someone to
make an artist rendering of that area when replanted. He thanked
City Council members and staff for their prior pledges supporting
the replanting effort. He plans to brief the City Council at a
Study Session on the proposal developed to beautify the above
described area. Lastly, he was hopeful that someone within the
community would provide computers to families that are financially
unable to provide their child or children with a computer so that
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they can be up to speed with today's technology.
Mr. McConnell reminded residents of District 2 that a special
District #2 Neighborhood meeting is scheduled for June 24, 1997,
6:00 - 9:00 P.M., at the Sheridan Park and Recreation Center
(Lounge). The topic of discussion will be the 20 acre parcel at
Almira Drive and Riddell Road.
Mr. Law announced the next District #3 Neighborhood Meeting will be
held on June 24, 1997, 7:00 - 9:00 P.M., at the Senior Center. The
program for that meeting will include "law enforcement" and "status
of the Manette Bridge".
Mr. Neville congratulated the Bremerton High School graduating
Class of 1997; and reminded everyone that schools will be letting
out soon so please drive carefully.
Mr. Montgomery reported at 9:00 AM this date he attended a briefing
by the General Accounting Office (GAO) on their input to the
Secretary of the Navy regarding the disposition of the USS
Missouri. June 10, 1997, was a black letter day for the citizens
of the continental United States...the Secretary of the Navy stated
he saw no reason to reopen the selection process of selecting a
site for setting of the ex-USS Missouri. After GAO found a major
flaw in the original modified selection criteria and reviewing all
the information Mr. Montgomery was able to obtain, it is him
opinion that the decision to award the USS Missouri to Hawaii was
strictly political and was reached as early as 1993. Further, the
Secretary of the Navy works for the Secretary of Defense, who in
turn works for the President of the United States, so any decision
by the Secretary of the Navy would need the Secretary of Defense
and President's approval, unless they are over ruled by Congress.
Not one member of the State of Washington, Senators or
Representative, when contact by Mr. Montgomery, would raise the
question in either House to investigate the award process when
requested to do so. A few of those that responded to his request
indicated this was a "done deal". Mr. Montgomery stressed this is
an example of the kind of politics that the current President and
Congress are conducting.., they are more interested in allowing our
national historical monument, the USS Missouri, to be sent to
Hawaii for the sole use of the foreign nationals that support their
re-election coffers. In affect, our Washington D.C. politicians
are saying we, who live in the continental United States, do not
count in the scheme of things.
Mr. Winters reported he also attended the GAO briefing as did local
news stations and he expects they will highlight the information
given out at the briefing during the evening newscasts. He learned
through Bob Sauter that in 1987 the Office of Veterans Affairs
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conducted an evaluation on the Illahee DNR property, which included
plans for a Veterans Memorial and multi-use facility. It makes
sense to him for the City to pursue acquiring that land and he
hopes Mr. Sauter and those involved in leadership in the City find
the 1987 evaluation to be useful. Mr. Winters noted he has received
a number of complaints from constituents about the terrible
transmission of City Council meetings over the past couple of weeks
and inconsistent time schedules for rebroadcast of those meetings,
which was established at 12:00 noon Thursdays. When he checked
Channel 12, he found the replay being broadcast at 10:00 P.M. He
urged the public to call TCI and voice their concerns about cable
access viewing. The Telecommunication Ad Hoc Committee will meet
with Ian Sievers, City Attorney, on June 12, 1997, 5:30 P.M., in
the city Council Chambers, to review the completed City of
Bremerton ordinance regarding telecommunications.
President Farr read the following Proclamation:
(1) JUNE 12, 1997, AS THE 99TH ANNIVERSARY OF PHILIPPINE
INDEPENDENCE DAY, which was accepted by representatives of the
Filipino community.
PUBLIC RECOGNITION
Bob Sauter, Commander VFW Post 694 and President of the Kitsap
County Veterans Coalition, stated his disappointment in Congressman
Norm Dicks and other Congressional delegates for not seeking a
Congressional review of the Secretary of the Navy's decision
awarding the USS Missouri to Hawaii. His personal heart felt
feelings were that Congressman Dicks failed every constituent in
the United States to retain the Missouri on the mainland,
considering the fact our people died for it, not the foreign
nationals. Mr. Sauter plans to take his message to every news
agency within the United States and the three Counties that are
represented by Congressman Dicks. Today, he had the opportunity
to speak about democracy and what it means to 100+ students from
Naval Avenue School during their tour of Ivy Green Cemetery. Mr.
Sauter announced Flag Day Ceremonies will take place on June 14,
1997, 12:00 Noon on the Boardwalk.
Phil Drouin, Bremerton resident and member of Our Lady Star Of The
Sea Catholic Church, provided each City Council member a
complimentary copy of a historical booklet entitled "A CENTURY OF
CATHOLIC EDUCATION," and extended an invitation to the new school
Dedication Ceremony on June 15, 1997, 4:30 P.M..
Don Atklnson, Martin Luther King Scholarship Fund (MLK), announced
MLK presentation of the Bridge Builders Award will be at the
Constitutions Day Luncheon on September 7, 1997. The deadline for
nominations for this award is July 15. He reminded everyone that
the absentee votes on the new Seattle football/soccer stadium must
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be postmarked June 17.
7A - APPOINTMENT OF HELEN D. DAVIS, DEBRA L. JACKSON AND ROY L.
MCINNIS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY
COMMITTEEt #AB97-124
The Community Development Block Grant Advisory Committee will be
meeting soon to make recommendations on use of the grant funds. It
is recommended the following three people be appointed to the
committee: Helen D. Davis, Debra L. Jackson, Roy L. McInnis
Public comment - none.
Mr. McConnell asked if there was a conflict of interest if one of
the proposed members currently served on a City Board or
Commission? Ian Sievers, City Attorney, stated yes. Paula
Johnston, Deputy City Clerk, stated if Mr. McConnell was referring
to Mr. McInnis, to her knowledge he was not serving on any other
City Committee.
%0884 M/S/C/U(McConnetl/Colvin) to confirm the appointment of Helen D.
Davis, Debra L. Jackson and Roy L. McInnis to the Community
Development Block Grant Advisory Committee.
7B - EXTENSION OF LEGAL SERVICES AGREEMENT FOR CIVIL LITIGATION.
~AB97-125
The City has managed general litigation over the last two years
under two professional service contracts, one with the law offices
of Jean Schiedler-Brown and the other with the firm of Casey &
Pruzan. These two-year contracts expired May 31. It is
recommended that these contracts be extended for a three month
period to allow solicitation of bids for new contracts, allowing
variable offers on all or any of the various legal categories now
aggregated under the two contracts.
Ian Sievers, City Attorney, referenced a handout that Council
received and noted the proposed motion includes a third contract,
which is necessary because the firm of Casey & Pruzan split up and
three of the attorneys formed their own firm (Larson Hart &
Shepherd), who are working on three City's cases (Ensor, Worley and
Rene), at the same terms and prices. These three cases are set for
trial in the next few months and it was felt it would be too
prejudicial to bring in a new attorney to handle these cases at
this time.
Public comment - none.
#0997 M/S/C/(Colvin/Winters) to approve three month contract extensions
at current terms with law offices of Jean Schiedler-Brown and Casey
and Pruzan; and contract with Larson, Hart, Shephard for cases
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assigned, Ensor, Worley and Rene.
Vote on Motion: In Favor: Winters, Neville, Law, McConnell,
Colvin, Montgomery
Abstain: Overson
7C - LEGAL SERVICES AGREEMENT FOR PROSECUTION WITH KITSAP COUNTY,
#AB97-126
The proposed contract extends the current arrangement for
prosecution and criminal legal support with Kitsap County for an
additional two year term without significant modification. The
starting compensating for all services is $115,053.08, with an
increase allowed for calendar years 1998 and 1999 based on actual
cost increases for the County.
Ian Sievers, City Attorney, stated after meeting with the City's
Police Department and Russ Hauge, Kitsap County Prosecutor, both
the County and the City feel that the contract has worked very well
and is cost effective for the City. He recommended extending the
contract for two years.
Tonya Vaughn, Bremerton resident, stated her opposition to the
renewal of the subject contract based on personal experience
dealing with the City's prosecutor after being a victim of a
criminal act. She believes the City's Prosecutor showed total
disregard for the law and abused the power of their office.
Mr. Winters questioned who would the City's contracted Prosecutor
answer to in a situation such as Ms. Vaughn's? Mr. Sievers
stated using Ms. Vaughn's case as an illustration, she did contact
him with a complaint that she was a victim of criminal activity.
Charges were filed and subsequently dismissed by Prosecutor Hall.
Mr. sievers reviewed the file with Mr. Hall and Mayor Horton
regarding the basis for dismissal of the charges. It was felt the
issue was largely a civil dispute over contract terms, that it
would be a difficult case to prove criminal intent, and the city's
prosecutorial resources were better used elsewhere. Ms. Vaughn did
receive a letter from Mr. Hall explaining why he declined the case.
Mr. Winters stated then the steps Ms. Vaughn can take is to take
this matter through the courts as a civil matter against the
individuals she is accusing of having her properties, not the
prosecutor. Mr. Sievers stated yes, and that recommendation was
stated in Mr. Hall's letter to Ms. Vaughn. Mr. Winters questioned
the actual cost of the 1996 contract in comparison to the
$15,053.08 proposed in the contract extension? Mr. Sievers stated
the same. Mr. Winters referenced the statement in the Agenda Bill:
"The starting compensation for all services is $115,053.08 with an
increase allowed for calendar years 1998 and 1999 based on actual
cost increases for the County", and asked how great an increase
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would that mean to the City? Mr. Sievers stated they would be
entitled to actual labor costs, which is structured similar to the
City's jail cost for the contract with the County.
Mr. Colvin questioned how a reasonable increase is defined and by
whom? Mr. Sievers stated in the case of the County's personnel, he
believed the Prosecutors and staff are represented by collective
bargaining agreements (Union), so it would be a result of the
collective bargaining process.
Mr. Neville asked the City Attorney to explain the handout he
provided that identified a change in Section V of the contract.
Mr. Sievers explained the contract in the Agenda packet, under
Section V, contained a fragmented sentence, which was removed, and
wording in that sentence was already stated at the beginning of the
prior sentence.
#1237 M/S/C/U(Montgomery/Overson ) to approve contract with Kitsap County
for prosecution services.
8A - PUBLIC HEARIN~ - TO CONSIDER AND ADOPT THE CHARLESTON
COMMUNITY PLAN AND RELATED AMENDMENTS TO THE ZONING CODE AND ZONING
MAP; ORDINANCE (FIRST READING) t ~AB97-127
The Charleston Community Plan is one of the first plans to combine
the provisions of GMA and SEPA and will be a model for other
jurisdictions. The Plan addresses the problems and concerns of the
City's oldest business district. Public involvement was encouraged
at a series of neighborhood meetings held within the district, as
well as Study Sessions and public hearings before the Planning
Commission. The Plan focuses on the business district and its
pedestrian-oriented core, but also includes proposals for
improvements and zoning adjustments in surrounding areas.
Policies, design guidelines, and zoning adjustments are included in
the Plan to guide both private and public investment. The Plan
includes related zoning amendments which may be approved by
separate ordinance. The Planning Commission conducted its public
hearing on May 20 and recommends City Council adoption.
President Fart asked the "Appearance of Fairness/Conflict of
interest question" with all Council members being seated.
Ron Hough, Planning Manager, identified the various documents
included with the Agenda Bill: (1) Ordinance, which will not be
acted upon until the June 25 City Council meeting; (2) Staff
Report; (3) Findings & Conclusions of the Planning Commission; (5)
proposed revisions (Exhibit A); (6) Zoning Comparison (GB vs. CD);
(7) Correspondence.
Mr. Hough noted the end of the 60-day State agencies review period
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is June 15, and as of this date the City had not received a
response from any State agency. The City did receive favorable
comments from Kitsap County and a reminder that there is some
County zoning in the general vicinity. He also noted because this
is a Type IV Legislative action, it requires hearings before the
Planning commission, which was held May 20, 1997, and City Council.
The process to develop the plan began about mine months ago with a
series of public meetings. The Plan is a model that can be used
throughout the State and is an integrated GMA/SEPA Plan. The
environmental portion of the Plan (EIS), was developed by Bryce
Ecklein (Kato & Warren) and will become part of the Plan. The Plan
contains planned actions that streamline the process for allowing
certain types of businesses to be approved without going through
the environmental review process provided they are adequately
addressed in the EIS during this planning process. The City
received additional funds through a State grant to develop design
guidelines, which were recommended in the plan, and being developed
by Bryce Ecklein with a completion date of June 30, 1997.
The Charleston Community Plan was initiated by the Comprehensive
Plan, which was adopted in 1995, recommending that the City develop
a plan for this specific neighborhood, which is one of the most
important business and neighborhood centers in the City. Mr. Hough
provided a viewgraph showing the relationship of the Charleston
District to the downtown area, Puget Sound Naval shipyard and
residential areas, which contain some of the highest residential
densities and has been defined, including Olympic College,
Bremerton High School, and Evergreen Park, as the Bremerton Urban
center for regional planning through Puget Sound Regional
Government. Throughout the process, it became apparent that Puget
Sound naval Shipyard was extremely important to the Charleston
District; therefore, a map will be added to the Appendix and
referenced several times within the text of the plan.
Members of the public were involved in the visioning process that
resulted in the following: "The vision would see the Charleston
Business District physically improved and revitalized to become the
retail, service and social center of the Charleston community. In
addition, surrounding neighborhoods would be improved, historic
structures preserved, worn out sidewalks replaced and parking and
traffic problems corrected."
The Plan Draft deals with policies and actions in the following
categories: Land Use, Transportation, Housing, Economic Health,
Capital Facilities and Utilities, Recreation and Urban Design.
Some of the issues discussed or addressed in the Plan are as
follows:
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(1) Land use adjustments to accommodate the realignment of Highway
304. (2) Improved bus service, including bus stops, shelters and
route information. (3) Proposes to maintain the existing two-way
traffic on Callow --- and the parking. (4) Reviewed off-street
parking needs (over 1,300 spaces in the area). (5) Encourages
property owners to cooperate in the removal of parking barriers.
(6) Emphasizes the importance of the Callow pedestrian corridor
(Burwell to llth Street). (7) Suggested better parking behind
Callow businesses---pedestrian access between buildings. (8)
Suggestions to improve the pedestrian friendliness of the central
district. (9) Need for clear pedestrian linkages between
businesses and surroundings. (10) Importance of PSNS (5,400
people) in the economic future of the district. (11) Suggestions
for improving pedestrian crossings and "traffic calming devices".
(12) Promotes the use of available programs to assist in home
maintenance and rehabilitation. (13) The desirability of the
business district merchants to organize and work together. (14)
Need to encourage some businesses that don't exist here and phase
out others. (15) Need to adjust zoning and development codes to
better implement the vision. (16) Recommended a new CD zone
tailored to the characteristics and needs of the district. CD would
reduce setbacks, promote mixed use, allow residential, etc. (7)
Allow some uses as "planned actions" to streamline the development
process. (18) Recommended small vest pocket parks and hill climbs
on Burwell and 6th Street. (19) Discussed the need for
improvements and coordination in the design of signs. (20)
Recommends a Capital Facilities Budget -- may be adjusted later.
Mr. Hough gave an overview of the district's current zoning and
proposed zoning changes that reflected the following: General
Business Zone is the city's heaviest commercial zone that is placed
along highways and major arterials and allows for all types of
mostly auto oriented businesses, i.e, body shops, gas stations,
muffler shops, auto parts, and things that cater to automobiles and
need auto access. Rather than remodel the General Business Zone,
the recommendation is to create a new zone - Charleston District.
The recommendation for zoning for the area directly behind the
proposed CD Zone west of Callow Avenue between 6th and llth Street,
is Industrial Park(IP) zone to reflect current uses in that area,
which would allow light manufacturing or heavy commercial such as
auto and truck repair, truck rental, taxi cab service, etc. The IP
zone would be more compatible and there isn't a large demand for
"commercial" uses that require high traffic. The south end of
Wycoff Avenue is proposed to be a cul-de-sac when the new gateway
project is built. That area was previously zoned Mixed Use;
however, no commercial use has been developed since the Mixed Use
was approved in 1988. Because the area continues as residential,
the recommendation is to change the zoning back to Multi-Family
Residential to encourage infill and high density along that street.
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It is proposed, under the Gateway project, that Kitsap Transit
would expand to an area north of its existing facility on the west
side of Callow. According to the Right-Of-Way Plan under the
Gateway project, all properties from the west side of Cambrian to
Rogers Street will be acquired as right-of-way, which includes a
small area zoned General Business. A small property zoned Duplex
Residential in that same general area would remain out of the
right-of-way acquisition; therefore, the recommendation is to have
it remain at its current zoning and not include it under the
Commercial designation.
Proposed Charleston District (CD) Zone - the central part that
fronts on Callow Avenue is the pedestrian core, which is to be
preserved, and covers the area from Burwell to 11th Street.
Properties that front on Callow within that area have slightly
different restrictions than other areas of the CD zone. A Zoning
Comparison Table is included showing the existing General Business
Zone and proposed CD zoning, which is attempting to taper back the
requirements in order to better fit the Charleston characteristics
that need to be preserved and built upon; thereby making it more
pedestrian friendly. Mr. Hough explained how that would affect
minimum lot size, lot width, setbacks, allowed residential density,
maximum height and maximum coverage. A comparison Land Use Table
was provided showing the uses allowed outright in the GB zone and
those that would be allowed under the CD Zone. Under the CD Zone
a lot of the uses included an * by the A (A*), meaning those uses
are allowed outright everywhere except between Burwell and llth
Street along Callow Avenue. Other uses would be allowed with a
Special Use Permit and when an * accompanies the "S" (S*) they
would be allowed anywhere except between Burwell and 11th Street
along Callow Avenue.
The Planning Commission recommendation are:
LAND USE: (1) show all properties that are proposed for acquisition
for the SR304 improvements as Right-of-Way on the Plan and Zoning
Maps. (Exception: Kitsap Transit area).
(2) Issue - Zoning of property at NE corner of Rogers and Cambrian,
proposed for "GB" or leave it in its current Duplex Residential
zoning? (Note: the planning commission did not make a
recommendation on this issue; however, the recommendation
from the public was to retain it as DR and not create a "spot
zone".
TRANSPORTATION: (1) Add an Action statement to investigate the
feasibility of right-turn-in and right-turn out lanes on the west
side of Callow at First Street. (Mr. Hough provided an overview
showing the master plan for the SR304 improvement project and how
it would affect access to properties west of Callow between Burwell
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and First Street. He noted the Engineering Department agreed there
would be no problem studying the feasibility of such action.)
(2) Add an Action statement to consider locating a parking garage
near the PSNS Montgomery Street gate to serve PSNS civilian needs
and Charleston business needs. (Mr. Hough pointed out the
suggested location was north of First Street and South of Burwell
between the new alignment of Callow and Montgomery Avenue.)
Mr. Winters questioned the person responsible for the idea of
placing a public parking civilian garage in the suggested location?
Mr. Hough stated he was not sure who brought up that issue, but it
was discussed several times. Mr. Winters stated if the proposal
was to locate it farther north near Safeway, he might be more
supportive of such a recommendation. Mr. Montgomery questioned if
the City or private industry was identified to build such a
structure? Mr. Hough explained it could be either, the statement
is to consider locating a parking garage. Mr. Winters pointed out
the Plan encourages the businesses to develop off street parking
and he believes it is counter productive to promote a parking
garage. Mr. Hough stated the problem involving parking is there
are enough parking spaces for 1,300 vehicles, but those spaces are
privately owned and not offered to the general public. President
Fart pointed out Council is being asked to add Action statements,
and if approved they would allow further consideration of those
issues.
Mr. Colvin questioned the response to the proposed Plan by the
property and business owners most affected? Mr. Hough stated input
received has been mostly positive.
(3) Add an Action station to consider forming a public development
authority (PDA) to construct public parking lots and/or parking
structures.
(4) Add an Action statement to investigate the feasibility of a
crosswalk over Callow at First.
(5) Add an Action statement to support the concept of a Burwell
Hill Climb with landscaping and pedestrian improvements leading
from the business district to Forest Ridge Park.
(6) Add an Action statement to support the retention of a short
segment of undeveloped Sixth Street Right-of-Way to be improved as
the Sixth Street Hill Climb.
(7) Add an Action statement to provide bike route signing through
the Charleston area.
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ECONOMIC HEALTH:
(1)Add a reference to the economic importance of PSNS to page P-20
of the Plan and add a map showing the PSNS/Charleston relationship
to the appendix.
CAPITAL FACILITIES AND UTILITIES:
(1) Revise the Capital facilities tables as recommended for three
engineering projects.
URBAN DESIGN PROPOSALS:
(1) Add an Action statement to place an entrance sign at first and
Callow to mark the beginning of the Charleston Business District
and use other design treatments to show that the block between
First and Burwell is part of the district. (P. 53)
APPENDICES:
(1) Revise Appendix E -- Proposed CD Zone.
(A) Add a legend to explain what the symbols "A" and "SUP"
mean.
(B) Change the "Auto Services (repair, maintenance, etc.) land
Use category to A* (allowed outright) -- originally
proposed as SUP. This would allow businesses in this
category to locate or expand without a Special Use Permit
anywhere within the CD zone except on properties that
front on Callow.
(2) Add a new Appendix I: Will include the following maps:
Identification of the Charleston Business District;
Pedestrian-oriented Core of the "CD" Zone;
Parking Lot Proposals;
Puget Sound Naval Shipyard (relationship to Charleston
Map.
Mr. Hough referenced the Land use Table #12 AUTO/TRANSPORTATION -
Automotive Services (repair, maintenance, etc.) and noted
originally this use was proposed as a Special Use Permit (SUP)
anywhere within the CD zone. However, during the Planning
Commission hearing several auto related businesses voiced their
concern that the SUP designation was a down grade from the General
Business zone, which allowed those uses outright without a SUP.
The Planning Commission's recommendation was to designate those
uses as an "A" with an "*" (A*), which raises a new issue.
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The proposed zone allowed automotive services by SUP throughout the
zone, including properties fronting on Callow Avenue and existing
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business would continue to be conforming uses, but new or expanding
automobile business would require a SUP. At the request of the
Planning Commission, the recommendation was to allow the use
outright, except on properties fronting on Callow Avenue. The
result of that recommendation would mean existing businesses in the
Callow core pedestrian area would become non-conforming and could
not expand or rebuild if destroyed by fire. Existing businesses
outside the pedestrian core could build or expand without the pubic
review offered through the SUP process. Mr. Hough presented a
third option for Council's consideration: Allow automotive
services businesses outright in the CD Zone, but by Special Use
Permit within the Callow pedestrian corridor. He noted only one
such businesses exists in the pedestrian corridor and was developed
under a SUP process. The benefits of this option are: (1)1 allows
existing businesses to be conforming and could grow, expand and
rebuild after a disaster; (2) the pedestrian corridor along Callow
would benefit from a more thorough public review of proposed
development plans through the SUP process. Mr. Overson questioned
the meaning of the A* designation? Mr. Houqh pointed out the "*"
pertains to the following: "These uses may be allowed throuqhout
the CD zone with the exception of properties that front on Callow
Avenue between Burwell and Eleventh Street." Mr. Overson
questioned if the existing businesses proposed the "pedestrian
zone"" Mr. Hough stated no, he was the one responsible. The
intent was to protect the pedestrian character of the area based on
the vision developed by the public during public meetings held over
the past nine months.
President Farr cautioned there is a real basis difference in that
part of Council's approval process for this plan is to approve
actions to investigate issues in the future that would require
further Council action. However, the changes to the Land Use
Tables and Zoning Ordinances are not future proposals, but would
bring about definite changes. Mr. Hough stated the Land Use
designation under Transportation uses, i.e. Automotive Services was
the most controversial issue and it was felt the area most
appropriate for such uses would be outside the pedestrian core. He
emphasized the intent was to not make someone non-conforming.
Mr. Hough stated during the Planning Commission hearing it was
discovered a Hobby Shop moved into the Knights Of Columbus Hall at
the SE corner of Montgomery and Burwell. Because the Hobby Shop is
a retail store, it is proposed to expand the CD zone to include the
Knights Of Columbus Hall so they are not a non-conforming use. It
was also pointed out that a number of businesses located on the
west side of Callow along Wycoff to the south and north of Sixth
Streets were not included in the CD zone. When the City modified
the zoning 6-8 years ago, it was decided that the wholesale grocery
store located on Wycoff should remain a non-conforming use and not
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be encouraged to redevelop or change to another commercial use, but
preferred to see it changed to a residential use like the
surrounding property. It has been suggested to include those
commercial businesses in the CD zone so they are not caught in a
non-conforming status.
Bryce Ecklein, Kato & Warren, talked about his assisting the City
with the Plan, particularly the EIS portion and Urban Design
concept. He displayed conceptual designs that conveyed the "vision"
anticipated for the Charleston District incorporating the elements
identified in the Plan and the Planning Commissions
recommendations. In regard to the EIS portion, at this time
comments on the draft are completed and closed and the final EIS is
being prepared. He believed that most impacts are positive and the
City's zoning does allow increase in housing capacity by
approximately 70 units, which is approximately 8% increase over
what would otherwise be allotted. Consideration was given to
traffic calming on Callow avenue and a recommendation for one half
street closure of Burwell between Callow and Wycoff. Mr. Law asked
if the 8% increase in housing capacity took into consideration that
the area of Montgomery Avenue between PSNS and Burwell might not
remain as residential and might end up being zoned business? Mr.
Ecklein stated he believed that the west side would definitely
change to commercial.
Mr. Overson questioned if the Plan only identified Montgomery
Avenue and planning for that area would take place later? People
are already saying Montgomery will look like Naval Avenue and
questioning why planning efforts are not underway preparing for
such a change? Mr. Ecklein stated to a degree it is coming out in
the design guidelines, starting with a street tree planting scheme
for Montgomery Avenue and new sidewalks under the CSO program. Mr.
Overson questioned if Mr. Ecklein's vision did not see Montgomery
Avenue becoming like Naval Avenue? Mr. Ecklein stated no.
Bill Robinson, Planning Commission member, gave a brief overview of
the neighborhood meetings and Planning Commission meetings held on
this issue, starting in November 1996. He was pleased with the
amount of public input during development of the plan. He found
the Plan to be unique over other Plans adopted by the City due to
its being more complex because of the nature of the neighborhood,
compilation of SEPA input to develop an EIS for 20 years in the
future, and the fact there was a follow up from the neighborhood
meetings through the effort of a Community Technical Advisory
Committee that consisted of City staff (Department of Community
Development, Parks and Recreation, Police, Fire, Engineering) Mr.
Ecklein and PSNS representatives. He recalled the idea for a
parking garage came from Mark Souza, former City Senior Engineer,
during one of the Technical Advisory committee meetings. It came
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up in the context of the neighborhood, City and Planning Commission
recognizing that there was a major traffic problem in that area,
including parking, and the desire to come up with solutions to
elevate those kinds of problems. He recalled Mr. Souza asking the
PSNS representative how willing they would be to provide a parking
garage and their response was to immediately decline and reminded
everyone that they were in the process of building a parking
garage. But, since the issue came up the Committee decided to
include it in the plan for future consideration. He pointed out
the parking garage proposal for the Charleston District was not
much different than the Harrison Neighborhood Plan that included a
heliport. President Farr thanked Commissioner Robinson for the
extra effort he gave in serving as chairman of the public meetings
held on this issue.
Mike Price, former resident of the Charleston District and
Marketing specialist for North Sound Mortgage, stated his support
of the proposed plan. He proposed adding another recommendation to
Page 18 of the Plan as follows: "Encourage the continued
revitalization and maintenance of the local housing stock through
incentives and strict code enforcement. Encourage residential
property owners to investigate use of city of Bremerton housing
assistance programs, FHA 203K loans, FNMA rehabilitation loans and
other such programs as tools to purchase or refinance and
rehabilitate their properties." He emphasized the importance of
promoting the above named loans and rehab loan programs.
Paula Johnston, Deputy City Clerk, read into the record the
following letter from Mike Price and Carol Lindberg,
representatives from North Sound Mortgage dated June 11, 1997:
"This is a request that you incorporate into the Charleston Area
Plan, recommendations that owners of residential property
investigate use of the FHA 203K Rehabilitation loan offered by HUD,
rehabilitation programs offered by FNMHA, Bremerton housing
assistance programs, and other rehabilitation programs as tools to
purchase or refinance and rehabilitate their residential property.
The 203K program benefits the homeowner, neighborhood and the City
of Bremerton by allowing homeowners to purchase or refinance and
"fix up" their property all in the same, affordable FHA insured,
assumable loan. current rules allow an owner occupied borrower to
use this loan for buildings up to four units with low down payment
and competitive rates. The neighborhood benefits by the improved
curb appeal of the rehabilitated homes and the resulting increased
pride and emotional ownership of those upgraded neighborhoods. The
City benefits by not only upgraded housing stock at affordable
price, but increased valuations of those neighborhoods, all of
this is accomplished by a grassroots effort driven by individual
decisions and private financing. So, please study the enclosed
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information on the 203K Rehabilitation loan and incorporate a
recommendation of its use, and the other above mentioned programs,
in the Plan. thank you for your consideration."
Marvin Bruno, property owner at First Street and Callow Avenue,
stated when he first purchased his property and developed it into
a number of established offices and Counseling practice, he
envisioned similar kinds of professional businesses might want to
also locate in that end of the Charleston Business District. He
believes the intent of the Charleston District Plan is to help all
of the area develop to its fullest potential; however, he is
concerned whether or not the entire business district is included
or if the focus is placed on a small segment of the district. He
views the Charleston Business District starting at First Avenue and
ending on 15th Street, but as he listened to the planning and
discussions, it appears the proposal is for the business district
to start at Burwell and end at 11th Street, or possible even 6th
Street. He sees a lot of potential for growth of the business
district, if it is not limited to the small segment identified as
pedestrian oriented area. He was concerned that the plan not bring
about a negative impact on existing businesses within the district.
Once the proposed Gateway project is completed, his property and
surrounding residential neighborhood will be negatively impacted
with the elimination of access on to First Street and he proposes
the City institute right turns in and right turns out of First
Street. If the access is closed, he believes the adjacent alley
will become impacted with traffic using it as an way out of their
neighborhood.
Merilynn Erhart, owner of All Tune And Lube/601 Callow Avenue,
stated her support of the Plan and the vision it portrays for
future growth. She explained an important element in locating a
business is finding the most advantageous location based on traffic
count data, traffic flow, surrounding residential areas and the
investment of other businesses, such as the newly expanded Safeway
Store. She referenced the Findings Of fact And Conclusions Of Law,
and pointed out the following statement under Criteria For Approval
#2: The proposed Plan includes recommended changes in the
Comprehensive Plan land use Plan Map, and corresponding changes to
the Official Zoning Map, which will change the development or use
potential of affected sites somewhat. These chanqes are expected
to improve the pedestrian character of the business district and
improve the residential character of residential areas. No
significant adverse impacts on existing sensitive land uses,
businesses or residents have been identified". Mrs. Erhart felt
strongly that her business was adversely impacted due to the
proposed CD Zone, which would not allow expansion or rebuilding if
destroyed by fire, etc. She expressed her support of "Another
Option" presented by Mr. Hough during his presentation because it
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is important for the City to look at the existing businesses and
their past and current financial investment into the future of
Bremerton. She wants her investment protected so that she could
potentially expand the business or rebuild it at the same location,
if it was destroyed by a disaster type situation. She urged the
Council to give serious consideration to the "Other Option"
presented by Mr. Hough.
Elizabeth Buell, Bremerton resident, expressed concern over parking
and questioned if pedestrians will no long be able to cross the
street mid point between 6th Street and 11th Street, and will
handicap parking be available?
Michael Gustavson, property owner (116 and 118 North Montgomery)
stated on-street parking is required for residents along his
street. When the Navy proposed base expansion, he specifically
asked the question about the location of the Montgomery Street
Gate, and at that time he was told there were no plans to open a
gate at Montgomery. He has questioned if the Navy submitted an
Environmental Impact Statement (EIS) for the construction of that
gate, but so far had not received a response from those inquiries.
He noted Mr. Overson's comment about Montgomery Avenue looking like
Naval Avenue, which is a four lane street and no parking allowed,
and pointed out there was not room for four lanes on Montgomery
Avenue. When he asked the Navy about traffic flow, they responded
that access at the Farragut Street Gate would adequately
accommodate all traffic. Currently, residents along Montgomery are
experiencing speeding vehicles traveling through their area. He
acknowledged that his area is out of the Charleston District, but
someone needs to address traffic problems currently experienced in
that location.
Mr. Hough provided the following responses to concerns raised by
the speakers: (1) he recommended adding Michael Price's statement
to the issues Council will be addressing.
(2) Dr. Bruno's issues relating to access on to and out of First
Street from Callow Avenue - the Planning Commission's
recommendation is to look at the feasibility of allowing a right
turn in and out of First Street on the west side of Callow. Mr.
Neville expressed concern over the earlier comment that residents
in the First Street area would use the alley as a thoroughfare if
access is cut off from Callow Avenue. Mr. Mouqh displayed a view
graph showing the Gateway project proposing to shut off access to
First Street and making it into a cul-de-sac, which would not allow
traffic in or out from Callow Avenue. Mr. Bruno stated as a
professional businessman, if that access is closed off, it will
have a strong negative impact on businesses and residents. He
emphasized large numbers of pedestrians and vehicles use First
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Street to access Callow Avenue to patronize the Callow Avenue
Business District and surrounding businesses. Mr. Montgomery
stated the intersection of First and Callow has a high accident
rate and the alley is extremely narrow. He suggested making the
alley one-way southbound. He did not support a left turn off of
First Street onto the northbound gateway lane, but he could support
right turns in and out of First Street. Mr. Bruno stated he has
not seen any statistics showing a high accident rate at that
intersection and he supported at least having the right turns in
and out of that intersection. President Farr questioned the
relevance of the closure of First Street verses what's cognisance
of the SR304 project. Mr. Houqh explained the SR304 project is
behind us, but the City Engineer has discussed this issue and felt
it was feasible to study the possibility of having a right turn in
and out at that intersection as well as pedestrian crossings. To
looks at the possibility of allowing a left turn would probably
bring in the issue of signalization and slowing down of incoming
traffic. Mr. Overson pointed out not far from the City's borders
there are numerous traffic lights that support businesses. He
supported using a traffic light at that intersection, if it is
deemed necessary for business. Mr. McConnell stated he could not
support a right-turn only, but he would support installation of a
traffic light at that location. Mr. Law pointed out the discussion
related more to the Gateway project than the issues involved with
the Plan.
(3) The concern raised by Merilynn Erhart regarding Auto Services
in the Callow pedestrian core will be addressed later in this
discussion when he again presents "Another Option" he presented
earlier.
(4) In response to Mrs. Buell's issues of parking and mid street
crossing within the pedestrian area, meeting parking needs are
proposed through the use of pocket parking lots and part of the
concept is to provide mid-block crosswalks within the pedestrian
area to make it more pedestrian friendly and crosswalks leading in
and out of the shipyard to encourage shipyard employees to come in
and out of the Charleston District.
(5) In response to Michael Gustavs0n's concern about parking on
Montgomery Street, the current design of Montgomery Street between
First Street and Burwell has a 50-ft. right-of-way at the upper
portion, two 30-ft. traffic lanes (15-feet each), no parking lanes,
4.5 ft. planting strip on each side of the street and a 5 ft.
sidewalk. The design of the street changes slightly north of
Burwell, but it still provides two moving lanes of traffic with no
on-street parking. In regard to the issue about an EIS for the
Montgomery Gate project, he had no knowledge of an EIS for that
area. Mr. Neville asked if Mr. Gustavson's statement was true that
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if an EIS was not completed for the Montgomery Gate project, it
could jeopardize this whole project? Mr. Hough stated he did not
know the exact answer, but he did not think it would jeopardize the
project. The EIS may have been included in the shipyard's
expansion plans. He would look into that issue before the June 25
Council meeting. Mr. Colvin asked if the City had documentation on
the Montgomery Gate Project? Mr. Hough stated no.
Mr. McConnell referenced the Land Use Table and questioned why
Senior Centers were allowed outright, but Teen Centers required a
Special Use Permit? Mr. Hough explained it had to do with impacts
on surrounding properties.
Mr. Law questioned where a bakery would fit into the Land Use
Table? Mr. Hough stated a bakery would be under "EATING &
DRINKING" - Donut Shop, Baked Goods--retail. Large scale food
products manufacturing is not encouraged in the CD zone.
Mr. Overson referenced uses allowed and pointed out the Land Use
Table shows no gymnasiums or similar facilities would be allowed in
the pedestrian core. He questioned how does that affect three
martial arts studios currently located in that area? Mr. Hough
stated existing business would be grandfathered. Mr. Overson
questioned if the "*" should be removed from that designation? Mr.
Hough pointed out martial arts type uses would fit under the Indoor
Athletic/Recreation Facility use, which is different than large
gymnasium type facility. Mr. Overson questioned if the paint
product store fronting on callow fell under the Construction
Related category and would not be allowed? Mr. Hough stated no,
that use would be allowed outright. Mr. Overson questioned if the
furniture store that sells unfinished products was classified under
the Wood Products Mgr., (furniture, cabinets)? Mr. Hough stated
no, that designation would apply to a business that actually build
furniture, i.e. milling the wood and constructing in an assembly
manner. Mr. Overson asked that the issue regarding the EIS for the
Montgomery Gate project be researched before Council takes final
action on the plan. He also would like to make sure that any map
or statements regarding the relationship of the shipyard to the
Charleston District be approved through the Public Affairs Officer.
Mr. Winters questioned if a drive-in theater would be allowed in
the CD zone? Mr. Hough stated no. Mr. winters questioned if Adult
Business would no longer be allowed in the CD zone and if not, what
zone would it be allowed within the City of Bremerton? Mr. Hough
stated Mr. Winters was correct in that they would not be allowed in
the CD zone; however, they are allowed under the General Business
zone by a Special Use Permit. Mr. Winters referenced #9 OTHER
RETAIL BUSINESS - any business with accessory gasoline sales, and
questioned why the designation included an "*", which would exclude
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it from the pedestrian core on Callow? Mr. Hough explained that
use would require a Special Use Permit within the CD zone, but
would not be allowed to front on Callow Avenue. Mr. Winters
pointed out the nearest gas station from 11th Street is on Kitsap
Way. He referenced the former liquor store site, which he felt was
large enough to be potentially used for a gas station/convenience
store type business. He asked where could someone obtain gasoline
within the Charleston Business District. Mr. Hough stated a future
business at the corner of Montgomery and Burwell could provide such
services. Mr. Winters called up Daren Stratley, who stated there
is a plan to locate a gas station/convenience store near the corner
of Montgomery and Burwell. Development of that kind of business at
that site would require a Special Use Permit. Mr. Hough confirmed
that such a use would be allowed outright in a General Business
zone, but would require a Special Use Permit in the Charleston
District. Because of the surrounding residential area, the SUP
process will allow a higher level of public input before approval
is given. Mr. Winters stated he feels, as a Council member, he
should do everything to make the neighborhoods liveable and enhance
them, and allow business to come into the area as easy as possible.
He questioned if the allowed use reverted to the date of purchase
for a particular site or the date the design is submitted to the
City? Ian Sievers, City Attorney, stated the vesting would not
occur until an application to develop a site was submitted as a
complete application. A change in zone could create a non-
conforming use even for a developer vested application. The term
"down zoning" is not accurate since it would continue as an allowed
use, but through a different process. Mr. Hough reviewed the five
criteria under the Special Use Permit process.
Mr. Colvin asked if any business would be displaced as a result of
the proposed action? Mr. Hough stated no.
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Mr. Hough presented each of the proposed Action items as follows:
options for Automotive services Businesses:
AUTOMOTIVE SERVICES:
(1) The proposed "CD zone allowed "AUTOMOTIVE SERVICES" by SPECIAL
USE PERMIT throughout the zone, including properties fronting on
callow avenue.
(2) At the request of some automotive business owners, the
Planning Commission has recommended a change that would allow
outright automotive services businesses in the CD zone, except on
properties in the Callow pedestrian corridor.
(3) (ANOTHER OPTION) Allow automotive services businesses outright
in the CD zone, but by Special use Pe£mit within the Callow
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pedestrian corridor.
#0051 M/S/C/U(Overson/Montgomery) that council adopt "Another Option" -
allowing automotive services businesses outright in the CD Zone,
but by special Use Permit within the Callow pedestrian corridor.
PARKING GARAGE STRUCTURE
(1) Consider locating a parking garage convenient to the PSNS
Montgomery Street gate to serve PSNS civilian employees and
contractors and local business employees and patrons.
(2) Consider forming a public development authority to construct
public parking lots and/or parking structures.
#0091 M/S/C/F(Winters/Colvin) add an Action station to consider locating
a parking garage as the Charleston Business District needs.
Mr. McConnell pointed out excluding either option, it would not
preclude developing a parking garage within that district in the
future. Mr. Hough affirmed that parking garages are allowed
outright in the CD zone.
Mr. Neville questioned for clarification if Mr. Winters was stating
no consideration should be given to public parking for PSNS
civilian employees, but only the Charleston businesses? Mr..
Winters stated no, he was saying anywhere within that area as a
developer or the City would choose to develop such a structure to
meet parking needs for anyone in the Charleston District, including
PSNS employees.
Mr. Overson pointed out the Montgomery Street Gate is not intended
for PSNS or to meet civilian parking needs, but for the military
support of activities in that area and the ships personnel. If
anything should be added he suggested the following: "put the
Charleston Business need as it relates to a parking garage".
Mr. Montgomery supported Mr. McConnell's position that no statement
is needed since the use is allowed outright with in the CD zone;
therefore, he could not support the motion.
Vote on motion: In favor: Law, Colvin, Winters, Farr
Opposed: Montgomery, Neville, Overson, McConnell
Motion failed
#0252 M/S/C(Montgomery/McConnell) to delete any consideration of an
Action item to locate a parking garage near the PSNS Montgomery
Gate.
Mr. McConnell questioned why is staff being put through an exercise
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of consider locating a parking garage when it is not needed? Mr.
Hough stated the intent of the Action statement is to direct staff
to actively consider specific issues.
Vote on motion: In Favor: Neville, Overson, Law, McConnell,
Colvin, Winters, Montgomery
Oppose: Farr
Motion carried.
MINOR ZONING ADJUSTMENTS
(1) To include the following businesses in the CD zone: Knights Of
Columbus hall and adjacent parking lot at Burwell and Montgomery,
the businesses located on Wycoff and 6th Street (tavern, flower
shop, dog grooming, offices, wholesale grocery).
#0426 M/S/C(Overson/Colvin) to approve suggested adjustments to the
proposed CD zone.
Vote on motion: In Favor: Overson, Law, Colvin, Winters,
Montgomery, Neville, Farr
Opposed: McConnell
Motion carried.
(2) to include the businesses on Wycoff Avenue (immediately north
of 6th Street) and as identified on the map.
#0469 M/S/C/U(Montgomery/McConnell) to include the above identified
businesses in the CD zone.
(3) The lot at the northeast corner of Rodgers and Cambrian to be
retained Duplex Residential rather than zoned General Business.
#0633 M/S/C/U(Montgomery/Law) to leave the lot at the northeast corner
of Rodgers and Cambrian as Duplex Residential.
Recommendation by Mike Price: to add to the existing policy the use
of city of Bremerton housing assistance programs, FHA 203K loan,
FNMA rehabilitation loans and other such programs as tools to
purchase or refinance and rehabilitate properties.
Mr. Winters stated he doubted it was appropriate for Council to put
a partial governmental program and partial commercial lending
institution into the plan. Ian Sievers, City Attorney, stated it
may be improper if this Action item designates a particular
business and proposes some benefit in the future, it may be a
contractual obligation that binds future Councils when the program
may be implemented. Mr. Winters stated he did not believe that a
person would go through the City to obtain a HUD application, which
are available through mortgage companies; and he believes someone
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would benefit through fees or commissions when writing such loans.
Mr. Sievers stated it looks like the policy is simply directed at
a Federal program that is in place with statutes and regulations.
Part of those regulations may be to afford commissions to private
enterprise, but is not specific enough to designate a particular
business and favor that business over any other that may
participate in the Federal loan program. Therefore, he did not
believe the policy would be unlawful, if implemented by the City
Council.
Mr. Mcconnell asked if this was something that should be included
in the City's Zoning Ordinance? President Farr pointed out Council
does have the option not to make a motion, which would preclude any
Action item, and the program is advertised and stands alone.
(Note: no action was taken on Mr. Price's recommendation.)
#0830 M/S/C/U(McConnell/Colvin) to direct staff to incorporate the
approved changes into an ordinance that will be brought to Council
for first reading on June 25.
8B - PUBLIC HEARING - RESOLUTION NO. 2602, APPROVING (WITH
CONDITIONS) A SPECIAL USE PERMIT AND SITE PLAN FOR A
LANDSCAPE/GARDENMATERIALS CENTER AS AN UNLISTED USE ON A 19 ACRE
SITE LOCATED IN THE WHEATON WAY AND RIDDELL AREA; APPLICANT:
PACIFIC TOPSOILS, INC., #AB97-128
Pacific Topsoils, Inc., has requested approval of an unlisted use,
which requires a Special Use Permit and site plan approval.
Planning Commission has reviewed the unlisted use aspect on May 20,
1997, allowing public comment as a Study Session, recommending
approval of the use "Landscape/Garden Materials Center" for the 19
acre site. the past use of the site along reports of noise, dust
and traffic impacts by adjacent residents has placed the project
approval on the June 11 meeting Agenda for a final approval by City
Council.
President Farr asked the "Appearance Of Fairness/Conflict of
Interest Question". Council members Bob Winters and Cecil
McConnell stated they believed they must step down due to the fact
Matt Mathes, Community development Department, brought the subject
issue before them at Council's Fiscal and Budget Committee, which
was an inappropriate action since it is a quasi judicial matter.
Mr. Winters named several issues that were discussed at that
committee meeting, which could impact the surrounding neighborhood.
One particular statement made by Mr. Mathes, at that time, was that
he had dealt with the applicants in other cities and that they did
a good job. Mr. Winters acknowledged Mr. Mathes was new to the
City in a consultant capacity; however, it did not appear to him to
be something of coincidence that he was acquainted with the
applicant. Mr. McConnell concurred with Mr. Winters remarks.
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Mr. Colvin stated he attended that committee meeting and heard the
same information, but he did not wish to step down because he was
not biased either way. Ian Slevers, City Attorney, stated the
issue is not a matter of bias and he did not understand that
Councilmen Winters or McConnell to say that they had formed a
prejudgment of the issue. However, they did hear information off
the public record of a quasi-judicial matter. President Farr
announced the remaining Council members would be seated.
Matt Mathes, Department of Community Development Land Use
Specialist, apologized for the administrative error that brought
him in front of the Fiscal and Budget Committee inappropriately.
He assured Council he did not have any past or current relationship
with the applicant that would create an appearance of fairness
issue.
The subject site location is 350 feet west of Riddell Road and
Wheaton Way intersection, and the City's Comprehensive Plan shows
the General Business (GB) zone. The Planning Commission reviewed
the application to decide whether or not an unlisted use should be
provided on this particular site in the GB zone. During the
Planning Commission meeting, the nature of the proposed business
was discussed by City staff, the applicant and residents from the
adjoining neighborhood, in an open study session forum. The
purpose of the meeting was to provide for a required community
meeting. Following that discussion, the Planning Commission made
a motion to approve the unlisted use for landscape materials/garden
center. He emphasized under the GB zone, a landscape
materials/garden center would be allow outright without a Special
Use Permit and could be approved administratively without any
community meeting or going before the City Council. Given the past
activities on the subject site, the applicant's operation of an
earth work process that they expect to continue for a period of 3-5
years related to the products they sell, warranted the highest
level of review under the City's Procedural Ordinance (Type III
Public Hearing/City council).
Another aspect of the applicants operation deals with the
collection of yard waste. In and around Puget Sound it is believed
that 30% of all yard waste is self-hauled by residents or
commercial property owner to an independent site. The Bremerton-
Kitsap County Board Of Health under Ordinance 1993-3 has a
permitting process for yard waste facilities and the subject
company would fall under that permitting requirement. State WAC
173.304 also regulates yard waste.
Background data on subject site: 10 years ago grading activities
started on the site during construction of the Fred Meyer store
under a Grading Permit issued to Ace Paving. Similar operations
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continued on the site by another operator and in 1996 complaints
were lodged regarding permits and business license of that
operator. That operator was subsequently asked by the City and the
property owner to leave the site. Following that, Pacific Topsoil
came to the City requesting a Business and Occupation License,
which was withheld pending the outcome of this hearing. A
complaint was filed with the City of May 7 relating to the past
applicant, who had been told to leave the site but returned. That
same operator has been cited by Kitsap County for non-permitted
activity.
One of the central issue that Council will hear from the residents
(approximately 8 immediately abutting property owners living in
residential structures), is noise. Mr. Mattes referenced the
applicable noise levels allowed under the City's Noise Ordinance.
The City's ordinance is enforced by uniformed Police Officers
dispatched to investigate the complaint. Normally, a testing
device is not used to measure the noise level, but the Police
Officer determines if it is within a reasonable range. It was Mr.
Mathes' understanding that procedure was established by the Mayor
for enforcing the ordinance under B.M.C. Chapter 6.32.
The Site plan shows green areas for a 10-foot wide landscaped
perimeter. In addition, the critical Areas Ordinance would require
a 50-foot setback for portions of the west property limit,
approximately 300 feet from the center part of the site. The
reason for the critical area designation is there are slopes that
exceed 1-1 slope ratio or greater than 10 feet in height, which are
designated as "landslide hazard". The applicant's intents to
correct those conditions from a 1-1 slope to a 2-1 slope and it is
recommended that the 50-foot perimeter buffer be left in place
until such time as another change or permit activity takes place on
the site.
Access into the site is from Riddell Road along a private easement
to a point central to the eastern property limit, which will have
a controlled gate with a small sales office (construction job shack
- 100-300 ft. in size). Material bins will be provided for the 24
material types, and screening equipment to separate fine materials
from larger materials as part of the soils processing. The
applicant's intent is to shape the site into a commercial pad
while doing business that is currently demanded in the form of
landscape products.
A list of conditions identified by the Planning Commission, as
presented in the Agenda documentation, was reviewed. Since the
site is more than five acres, it is under the State's program for
Clean Waters Act and there are erosion control measures under that
permit. The City's Engineering Department will approve a phasing
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plan under a separate permit.
Mr. Colvln asked Mr. Mathes to stated that the above information
was not presented to members of the Fiscal and Budget committee.
Mr. Mathes stated for the record the information provided during
this hearing was not presented at the Fiscal and Budget Committee
meeting.
Mr. Overson pointed out items A and B were missing from the list of
conditions as identified in the documentation as (c) through (1).
Mr. M&thes stated the two additional items are: (a) To maintain
equipment on a regular basis, including tune up, muffler
replacement to comply with B.M.C. 6.32 Noise Levels Ordinance; (b)
to sweep the private asphalt drive and track out control area on a
daily basis, including water truck and street sweeper.
Jim Lindsay, Applicant, stated Pacific Topsoils is a major
processor of topsoils with landscaping products. Their intent is
to turn the site into a useful commercial pad for development as
well as to set up a retail site along Riddell road once the site
has been graded out and rebuilt. He is aware of concerns raised by
the surrounding neighborhoods and assured everyone that Pacific
Topsoils does not operate in the same manner as past tenants of the
site. The applicant had no objection to the list of conditions and
felt they were probably necessary considering past actions at the
time; however, in the future, if there are no complaints he hoped
this business would be allowed to operate as any other business
under City codes. They are willing to live within their hours of
operation, which does limit their productivity on Sundays and
holidays as they are open 365 days a year.
Mr. Colvin stated he felt at this time he must step down from the
hearing and left the Council chambers at 9:53 P.M..
Paula Johnston, Deputy City Clerk, read into the record the
following letters:
(1) Richard Roberts, Dale Herbold, Janet Jorgenson, Karen
Christensen, Robert Bettes, Rudy diaz, Perry Brooks, David Drive
residents - "Recently, the Bremerton City Planning Council held an
open meeting; in spite of strong protest from a number of residents
of the adjacent area, they voted (with only one dissent) to allow
the Pacific Topsoil Company to assume usage of the property owned
by Mr. Ross, behind the Petco shopping center, the operation
agreed upon was for industrial topsoil and compost manufacture,
which would be operational between 07.00 AM and 10:00 PM. this
would necessarily involve a large amount of commercial truck
traffic.
Pacific Topsoil would additionally be operating a commercial front-
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end loader equipped by an OSHA required back-up-alarm. Operating
during most of the above stated hours would also be a
"Crusher/Mixer" with its attendant vibration.
Vibration of similar equipment, in the past, has had an adverse
effect on the "David Drive" neighborhood above and to the west of
this property. Most of the land is sand based and the constant
vibration has created shifting (dropping) of areas in the
properties and sinkhole have begun to appear in numerous places.
It is unknown how adverse the effect has been on the extremely old
and large pines, which stand at the rear of many of the properties
on David Drive.
As it would seem that the city of Bremerton is determined to allow
this business to operate in this area, in lieu of other quieter and
less vibratory endeavors, we of the David Drive Neighborhood would
request the following considerations:
Many are on shift work and sleep late in the morning;
therefore we request that the hours of operation be
constrained to 07.00 am to 7:00 PM.
It is requested that no Crusher/Mixer operations be commenced
prior to 10:00 AM.
In the interest of family ability for backyard recreation on
at least one weekend day, it is requested that the operation
be curtailed on Sundays.
It is requested that a monitoring agency be established for
this endeavor and a complaint hotline be established in the
case that Pacific Topsoil Company does not live up to their
stated promises.
With the new requirements of complete written disclosure on the
sale of real property, the residents of the David Drive
Neighborhood feel that we may end up open to lawsuit from those who
purchase our homes (should we sell). The aforementioned, says
nothing of our concern with the possible depletion of our property
value, in light of the inception of Pacific Topsoil Company's
operation."
The following individuals spoke in opposition to the proposal as
presented: Richard H. Roberts, David Drive; Janet Jorqenson, David
Drive; Peggy Brooks, David Drive; Dale Herbold, David Drive; Karen
Christensen, David Drive, Barbara Roberts, David Drive.
Following are the concerns presented by the above noted speakers:
(1) Very little concern was given to the surrounding neighborhood
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by the Planning Commission. (2) The residents felt cheated in that
three Council members deemed it necessary to step down from hearing
the issue that may have voted to protect the residents because of
an inappropriate meeting. (3) The proposed use is not a
nursery/garden supply, but a very heavy commercial land moving,
grinding operation. (4) A General Business zoned area is being
turned into an industrial area. (5) Excessive noise. (6) Dust
conditions will aggravate those suffering from allergies and asthma
(7) Adverse impact on wildlife on the site and surrounding
neighborhood. (8) What will the impact be when Adding 300 trucks
daily onto Riddell and Wheaton Way corridor and how will that
impact road surfaces? (9) As a bordering neighbor to the site, did
not receive notice of the Planning commission meeting. (10) Noise
oriented businesses take away the peace and quiet residents desire
in their neighborhood. (11) A representative of Pacific Topsoil
stated during the Planning Commission meeting that an area will be
dug out 8-feet below ground level, which will produce hundreds of
thousand cubic yards of sand that will be processed on the site.
(12) No sound damping proposal included in the proposal. (13) The
hours of operation, as listed in the City Code from 7:00 AM to
10:00 PM, will give the neighbors no life at all. (14) Prefer
start up time of 8:00 AM to 5:00 PM. (15) Was a geological study
conduced to determine the impacts of vibration on surrounding
properties?
Mr. Mathes presented two pieces of additional correspondence: (1)
John and Rene Hartmann, 1001 Riddell Road and adjacent property
owners to the west, provided a list of 10 Nurseries in the greater
Kitsap County area with the hours of operation; (2) a letter from
Michael E. Brown, F.P.H. Construction Inc., 3331 Kitsap Way suite
D, Bremerton, WA 98312, in favor of the proposal.
The following responses were made by Mr. Mathes to the concerns
raised by the prior speakers:
Mr. Mathes could not speculate on the Planning Commission's
response to the residents.
On the issue of three Council members stepping down from this
hearing, in his opinion it would not have changed the outcome and
the Council members could have remained seated.
Regarding Mrs. Jorgenson's concerns about the number of trucks, he
believed the more accurate estimate was 100 trucks, not 300.
No traffic studies have been requested, produced nor are required
under this kind of permit.
Only common species of birds inhabit the subject area and would not
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be protected under the environmental Protection Act. (6) A SEPA
Environmental Check List was conducted and a SEPA determination of
non-significance was issued for the action.
In regard to Peggy Brooks' comment that she did not receive an
initial letter, 47 properties were noticed in the prescribed 300
foot radius, which entailed 39 different property owners. Ms.
Brooks' name was not on the list that was provided by the applicant
and may in fact be outside the prescribed distance from the site.
Ms. Brooks was called to the podium to point out the location of
her property on the map. Mr. Mathes stated her property was an
abutting property, but he did not have an explanation why her
property was not noticed. However, the City did advertise for the
SEPA and Special Use and postings were made at two property
locations in very conspicuous locations.
In response to Mr. Herbold's request for an 8:00 AM to 5:00 PM
daily operation hours, as stated by the applicant they operate 365
days of the year. The City Council could make a recommendation on
an alternative form of hours, recognizing they would be different
from what are prescribed in B.M.C. Chapter 6.32. He noted the
hours were already altered by a couple of hours on either end on
legal holidays and Sundays after meeting with the neighbors and
hearing their concerns.
A question was raised by Ms. christenson whether or not a
geological study was conduced and if it was required? No study was
conducted, but it is required under the City's Critical Areas
Ordinance under B.M.C. Section 21.22.100, prior to the city
approving restoration of the slope area.
A question was raised abut the Excavation Permit issued to Ace
paving and why it was not monitored - under the Uniform Building
code, grading permits are issued for 180 days with 180 days
extension. The city did not have good records indicating why Ace
paving was removing dirt from the site. It is a SEPA requirement
on new construction projects that new construction identity the
source of fill for those sits. So, there was a duty on that
construction site to report the origination of the fill and he will
look into the matter on the fact that Ace Paving may have provided
fill to the Walmart site.
TAPE #1471
In regarding to the routes of operation, the applicant would not be
required, under a Special use Permit, to designate where trucks go
once they enter the public rights-of-way. They did describe the
two ways that trucks access public rights-of-ways - along the
private access drive to Riddell Road going north and on another
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private access drive going toward the east from the southeast
corner of the site onto Wheaton way, which are paved areas of
private commercial property and would not be subject to right-of-
way improvement, but would be cleaned and maintained by the
applicant.
The city was not required to notify all 39 resident of David Drive.
One notice was returned from the owners of the apartments, which
was listed as a Limited Partnership in Salem Oregon, out of the 39
notices sent out.
It was asked if a sound wall could be constructed and the answer is
yes, but that option was not looked at even though it would be a
devise that could mitigate some of the concerns on the top part of
the property. Also, mention was made about unstable soils on the
top part of the property. If desired, Council could recommended an
added condition to address that concern.
President Farr expressed his regret, regardless of Mr. Mathes
opinion, that three Council members did have to leave due to
procedural problems.
Paula Johnston, Deputy City Clerk, read into the record the letter
received from Michael E. Brown, F.P.H. Construction Inc., 3331
Kitsap Way Suite D, Bremerton Washington 98312 - "Per our telephone
conversation of 6/3/97, I am writing to express my support for
approval of the special Use Permit application submitted to the
City concerning the 19 acre parcel near the plat of Broadmoor
village in East Bremerton.
The subject parcel owned by Mr. Ross has been used for a similar
use for sometime; and in my opinion, creates no negative impact to
the neighborhood or community while providing a useful service to
its' residents and should therefor be approved."; John and Rene
Hartmann submitted a list of regional Nurseries and hours of
operation: Port Orchard Nursery Monday-Saturday (M-S) 9:00 AM -
5:00 P.M, Closed Sundays (S); Valley Nursery M-S 9:00 AM - 5:00
P.M., S- 9:00 AM - 6:00 PM; Carter's Nursery M-S 9:30 AM - 6:30 PM,
S-lO:00 AM - 5:00 PM; Al's Garden Spot M-S 9:00 AM -6:00 PM, S-
10:00 AM - 5:00 PM; Cascade Pacific Landscape & Nursery M-F 9:00 AM
- 5:00 PM, S - Closed; Clear Creek Nursery/McCormick Landscape
Tuesday-Sat. 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Green Heron
Nursery M-S 8:00 AM - 5:00 PM, S-10:00 AM - 5:00 PM; Belfair
Nursery M-S 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Savage Plants
& Landscape M-S 9:00 AM - 5:30 PM, S-10:00 AM - 5:00 PM; Roadhouse
Nursery Tuesday-Sat. 9:30 AM - 5:30 PM, S-10:00 AM - 5:00 PM
Mr. Law questioned how the list of Nurseries related to this issue
since none of them include excavation of property and earth moving.
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City Council Reg. Mtg. Minutes
June 11, 1997
Page 30 of 31
Mr. Overson stated he understands the neighborhood's concerns;
however, business is a big part of the nation and must go on and
property owners do have rights in regard to their use. He believed
there were things in place to make the proposed business a friendly
operation to the bordering neighbors. There are various noise
levels impacting other neighborhoods, i.e. fire station sirens,
ferries and no one can be guaranteed absolute quiet. Several years
ago Council authorized quarry operations near Kitsap Lake, which
drew considerable negative response from the surrounding neighbors,
but there have been no negative complaints over the years. If this
business does not work out as proposed, then the City will take
necessary measures to close it down.
Mr. Neville questioned for clarification if the intent is to mix
the sandy soils on site with materials trucked in and then trucked
out again? He also questioned the total area to be excavated and
does anyone know the depth of the sandy soils Mr. Lindsay stated
the center of the site has already been excavated at grade with the
private drive and they do not intend to go any deeper than that
level. They may spread 18 additional inches of materials on that
graded area so that a future developer would already have a pad to
be developed. They have estimated approximately 50 trucks per day
will be coming and going from the site. He noted Pacific Soils has
a 3-acre facility in Bothel, Washington and are surrounded on 2 1/2
sides by $50,000 homes. They operate four screens, two rock
crusher, 3-diamond Z, 3-stump grinders, which is much more than
proposed for the subject site, and they have received only one
noise complaint. He used a site map to show the areas intended for
grading and explained they are taking on the responsibility to
restore the site, as required by the Department Of Natural
Resources, cleaning up what the prior occupant of the site left.
That action will include restoring and hydro seeding slope areas to
a 2-1 slope along the perimeter of the site. They have also
committed to not have any kind of grading activity over more than
three acres at one time. The grading could actually be done under
just a Grading Permit without purporting to have any use on the
site. Because of the past activities on the site, they met with
the City's Planning Director, who suggested their going through the
SUP process. He feels they have been taken through a process that
was not necessary; however, they have learned a lot from the
neighbors about their concerns and what they experienced over the
past few years. He emphasized the applicant's screens are not rock
crushers, but a barrel type action that simply turn mixing soils.
The equipment to be used is modern and well maintained. He
believes the existing 30-foot bank will provide a noise barrier.
Mr. Montgomery questioned the hours of operation at the Bothel
site? Mr. Lindsay stated 7:00 AM - 10:00 PM.
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June 11, 1997
Page 31 of 31
Mr. Law stated the City has not recently demonstrated they have
been good about enforce noise control. He was also concerned that
the City could not explain Ace Paving using the site during the
construction of Walmart. He doubts that the conditions will be
adhered and doubted the City's enforcement would be dependable;
therefore, he could not support the proposal.
#0588 M/S/C(Overson/Neville) To approve Resolution #2602, approving (with
conditions) a Special use Permit and site plan for a
Landscape/Garden Materials Center as an unlisted use on a 19 acre
site; including Conditions A and B as read into the record
Mr. Montgomery stated he did not agree with the 10:00 PM closure
time and felt it was totally unreasonable considering most
businesses do not stay open that late. He also sympathized with
the neighbors for their having to be impacted by noise both day and
night. He believed a reasonable starting time would be no later
than 8:00 AM and closed by 6-7:00 PM, and 12:00 (noon) - 5:00 PM on
Sundays, if at all.
Vote on motion: In favor: Neville, Overson, Farr
Opposed: Montgomery, Law
Motion carried.
President Farr questioned the appeals process available to the
residents? Mr. Sievers explained a petition to Superior Court must
be filed within 21 days.
President Fart thanked the TV camera crew for their services: Rob
Rupe, Patricia Mathes and James Nobel, Jr..
With no further business meeting adjourned at 10:45 P.M.
DAVID FARR, Council President
City of Bremerton
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