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Home My WebLink About11/30/05 AGENDA ~............ I!.I FILE CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-187303 (360) 473-5280 NOVEMBER 30, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS & PUBLIC RECOGNITION 4. CONSENT AGENDA A. Claims & Check Register (#AB05-270) B. Minutes of Meeting - November 16, 2005 (#AB05-271) C. Professional Services Agreement with WALKER MACY for Landscape Architecture & Urban Design Planning for Harborside Park; Bldg 50, addition, and adjoining grounds; and Memorial Plaza (#AB05-272) 5. PUBLIC HEARING A. Ordinance No. 4954, adopting the 2005 Comprehensive Plan Amendment Docket (#AB05- 273) B. Ordinance No. 4950, Continued Hearing, adopting amendments to Title 20 of the Bremerton Municipal Code relating to Zoning Code - First Hearing held 10/19/05 (#AB05- 239) 6. GENERAL BUSINESS A. Ordinance No. 4955, amending Chapter 3.01 of the Bremerton Municipal Code updating "Rates and Fees" for 2006 (#AB05-274) B. Ordinance No. 4956, adopting 2006 Utility Rates and General Facilities Charges; and amending Chapter 15.06 of the Bremerton Municipal Code (#AB05-275) 7. EXECUTIVE SESSION "'-tvy\o\St!- A. The uncil will convene for a 15-minu "Pen . g Litigation" per R. W 2. 0.110 i) ( 05- 6) 8. 1'1'- ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING III Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: BILL# tJS"- 270 AGENDA BILL CITY OF BREMERTON CITY COUNCIL '1A ........................................................................................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: //- ~"'-D s:- Department: 'Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: I CONSENT AGENDA I:8J I OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to approve: 1) Check#'s 30 f/oJX! ~:30 lflY' EFT's ?f~/t:< Yf ?09'3 if 5?tR?fL-8-7/D $ 7;<9t ~ ~ tf? , $ h Y3.;(. 7'3.. 07L , $ 7"3, ,/2-"7.. "3:5 I 2) Regular Payroll for //-/q--()y 3) Retiree Payroll for /1- '30- 0 S COUNCIL ACTION: ~ove D Deny D Table o Continue D No Action DATE SUBMITTED: Nov'evAe.("'" 17 2,00..5 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 05- ~71. ~6 ........................................................................................ Committee Meeting Date: N/A COUNCIL MEETING Date: I\}OV~ 7?o. 2.005 Department: City Council ' Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held N ove~ {tp I 2-005 SUBJECT: Minutes of Meeting - N 0\1 evY'Jo VI' \ Co tlO 05 ATTACHMENTS: Minutes for Nt,vewJo-ev- (~I :2-005 FISCAL IMPACTS (Include Budgeted Amourtt): 0 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA r><:J ] ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday, November16,2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, November 16, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church. President Nyaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; which included an EXECUTIVE SESSION to "EVALUATE AN ApPLICATION" per RCW 42.30.100 (1)(g); and a STUDY SESSION to hear a presentation on "PROFESSIONAL SERVICES AGREEMENT WITH WALKER MACY FOR LANDSCAPE ARCHITECTURE & URBAN DESIGN PLANNING FOR HARBORSIDE PARK; BUILDING 50; ADDITION, AND ADJOINING GROUNDS AND MEMORIAL PLAZA". He also announced that the -Public Hearing on the "Zoning Code" and "Comp Plan" is scheduled for November 30th; and lastly, if citizens would like to receive information on upcoming Council meetings, they may go to the City's website at or call the Council Office at (360) 473-5280. MAYOR'S REPORT Mayor Bozeman... . Provided an update on Harrison Hospital's plans for relocation, and provided that a decision may be made by early January 2006, PUBLIC SERVICE ANNOUNCEMENTS Dianne Robinson invited members of the public to attend a combined-District meeting for Districts 6, 7, 8 & 9 to hear a presentation on the "Bremerton School Support Levy" with representatives from the Bremerton School District on Thursday, December 1 st from 7:00 to 8:30 PM at the Oyster Bay Conference Room at the Public Works Facility located at 100 Oyster Bay. President Nyaren read a proclamation to proclaim December 1,2005 as 'World AIDS Day", which was accepted by Stanley Hess of the West Sound World AIDS Day Observation Committee and St. Paul's Episcopal Church. He added that a celebration will be held on December 1 st beginning at 5:30 PM on the Louis Mentor Boardwalk. President Nyaren has also invited representatives from the Bremerton School District to his next District 3 Community Meeting to allow citizens an opportunity to learn more about the "Bremerton School support Levy" on Tuesday, December 6 from 7:00 to 8:30 PM at the Manette Senior Center located at East 13th Street & Nipsic Avenue. CONSENT AGENDA A. Check Numbers 303979 through 304088; and EFT-8680 through EFT-8691 in the amount of $1 ,847,782.86; (#AB05-259) B. Minutes of Meeting - November 2, 2005 (#AB05-260) C. Minutes of Meeting - November 9,2005 (#AB05-261) City Council Reg. Mtg. Minutes Wednesday, November 16,2005 Page 2 of 4 D. Authorization to Purchase Used Passenger Van (#AB05-262) E. Bid Award to TGW , INC. dba EXCEL CONSTRUCTION for Remodel of Public Works & Utilities Building, Second Floor, Phase IT (#AB05-263) F. Budget Adjustment and Purchase of a Telephone System Upgrade for the Main PBX and Meridian Voice Mail System (#AB05-264) G. Professional Services Agreement with BROWN AND CALDWELL for Engineering Design Services for Sewage Pump Station CE-6 2006 Modifications (#AB05-265) H. Professional Services Contract between the CITY OF BREMERTON and CENTRAL KITSAP FIRE & RESCUE with EMERGENCY SERVICES CONSULTING, INC. to conduct an Evaluation and Cooperative Effort Feasibility Study (#AB05-266) I. Interlocal Agreement between Kitsap County and Cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo to provide Emergency Management Services (#AB05-267) J. Item was moved under GENERAL BUSINESS There were no comments from the public. 5:46:40 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. 6A - PUBLIC HEARING ON REVENUE SOURCES FOR FY2006 BUDGET: AND ORDINANCE NO. 4953 TO LEVY PROPERTY TAXES FOR COLLECTION IN 2006 (#AB06- 269): Laura Lyon, Financial Services Director, summarized that the City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt obligations. Specifically, action would include a 1% increase in the maximum allowable amount over last year or $52,755 for the Property Tax levy and $8,735 for the EMS levy in 2006. There were no comments from the public. 6:08:25 M/S/C/U (McConnell/Short) Move to approve Ordinance No. 4953 levying property taxes for collection in 2006. 7A - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR CHEVRON PROPERTY SOIL SAMPLING (#AB05-268): Phil Williams, Public Works & Utilities Director, explained that the City is considering the acquisition of the former Chevron Build Fuel Facility. The City is additionally considering the development of an expansion to the existing Louis Mentor Boardwalk, beginning with a connection to the exiting Boardwalk, and extending north to the Chevron property. Past practices at the Chevron Property have resulted in contamination to the soil, groundwater, and possibly sediments. The extent of the contamination at the site, and possibly along the extended Boardwalk alignment is not known. Staff has negotiated a Professional Services Agreement with PARAMETRIX not to exceed $55,000 to perform Sediment Characterization Sampling along the entire alignment. The purpose of this sampling is to identify whether site contamination has extended into the beach and sub-tidal sediments adjacent to the Chevron Site or along the proposed Boardwalk alignment, to assist in Council's decision of whether to continue to pursue acquisition of the property. There were no comments from the public. Dianne Robinson asked for clarification on the scope of services. Mr. Williams answered that the task was not identified in the agreement, but should be considered "contingency"; and that staff hoped to spend no funds on the contingency portion of the project. City Council Reg. Mtg. Minutes Wednesday, November 16, 2005 Page 3 of 4 6:13:30 M/S/C/U (Short/Arends) Move to approve the PSA with PARAMETRIX to provide Sediment Sampling along the Port Washington Narrows, amend the 2005 budget to authorize the expenditure including use of funds from the Contingency Reserve Fund, and authorize the Mayor to finalize and execute the necessary contract documents for the agreement in substantially the same form as presented. PUBLIC RECOGNITION Rebecca McGuire would like to dispute a proposed zoning code change to be finalized by Council on November 30th that would affect a rental property located at 4th Street & Chester Avenue; and expressed concerns over single family homes being located near the proposed police station due to the potential loss in property values. Dave Rubie expressed his concerns regarding the proposed zoning code which included a lack of notification to non-City property owners; errors in the proposal; and restrictions in residential density where population density is most needed. Mark Goldbera believed that the proposed zoning code dissuades business development in the downtown and Manette areas; and hoped that the business community could be included in development discussions to make projects happen. Mr. Nvaren and Mr. Lubovich clarified that Council follows specific rules and procedures, and while comments are permitted at any meeting, actual testimony would have to be heard during a scheduled hearing. The Council recessed for an EXECUTIVE SESSION to discuss "PENDING LITIGA TlON" per RCW 42.30.100 (1)(i) from 6:28- 6:39 PM. COUNCIL MEMBER REPORTS Mike Short announced that there will be draw-span closures at the Hood Canal Bridge on Thursday, November 17th from 12:01 to 4:00 AM. Will Maupin summarized that at a recent Puget Sound Regional Council Growth Management Board meeting the issue of concentrating jobs and housing to limit the number of commuters was discussed; and reported on his attendance the last few days at meetings for the WSDOT Value Engineering Study in Olympia regarding the Manette Bridge. Carol Arends reiterated that the District 6,7,8, & 9 Meeting to be held on December 15t in the Conference Room at the Public Works Oyster Bay facility to hear a presentation on the Bremerton School District levy; and reported on her attendance at Kitsap Transit and CenCom board meetings. Dianne Robinson will be meeting with a Block Watch representative to arrange transportation from the Anderson Cove area to the Oyster Bay location for citizens wanting to attend the District 6,7,8 & 9 meeting; and will be reporting on the "One Church, One Family" project at the next Council meeting. Cecil McConnell asked for clarification on when the Manette Bridge project will be advertised. Mr. Maupin answered July 2007. Brad Gehrina believed that the Manette Bridge inspection work should be done by the end of the week; and hoped that part of the growth in Bremerton would include a four-year college. City Council Reg. Mtg. Minutes Wednesday, November 16, 2005 Page 4 of 4 Daren Nygren reminded the public that the Manette Bridge will remain closed for the annual inspection by WSDOT through Thursday at 3:00 PM. With no further business, the meeting of the City Council was adjourned at 6:50 PM. Prepared and Submitted by: ~;" /" .. ^O a:fI. /~~ li$11A: C RISTINE GRENIER --. Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DA IE SUBMITTED: November 10, 2005 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ OS:- ::L 7 d- '1-'- ........................................................................................ SUBJECT: Professional Services Agreement with Walker Macy for Landscape Architecture & Urban Design Planning for lower Harborside Park Committee Meeting Date: 11/16/2005 COUNCIL MEETING Date: 11/30/2005 Department: Econ. Development Presenter: Gary Sexton Phone: 360-473-5282 SUMMARY: Walker Macy will provide design development documents for the lower Bremerton Harborside Park and will coordinate with project design teams and the construction contractor in developing a 100% Design Development Submittal and technical specifications adequate and reasonable for the General Contractor to construct all aspects of the Bremerton Harborside Park. Some aspects included in the Scope of work: Site/Materials Plan, Grading Plan, Planting Plan, Irrigation Plan and others. ATTACHMENTS: Professional Services Agreement and Attachment A "Scope of Work" FISCAL IMPACTS (Include Budgeted Amount): $100,000. Currently Budgeted /r' APPROVALS: cdl DEPARTMENT DIRECTOR: //~~// , c</ ~. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: '" FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~(C;;V~~ fA,/ L.li /?~) ct,. /j}".~J l ./:;'tl..r""- ~ " _'" ! ,,~,,'y _ .....//4.,,_'.,.p "./~ { ""'---' CONSENT AGENDA RECOMMENDED MOTION: Move to approve the Po essional Services Agreement with Walker Macy for Landscape Architecture & Urban Design Planning for the lower Harborside Park plus associated work as described in the Professional Services Agreement and authorize the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny 0 Table o Continue 0 No Action City of Bremerton / Walker Macy PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Walker Macy ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the Scope of Service set forth in attachment A regarding Design of Harborside Park (Lower Bremerton Harborside Park) and related work as described. The compensation includes administrative expenses and costs of travel. Consultant represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin immediately upon execution of this Agreement. The parties agree that the work will be completed as part of Phased development and construction with Design Documents substantially completed by March 15, 2006; provided however, that additional time shall be granted by the City for excusable delays or extra work. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant hourly fees pursuant to Attachment A not to exceed One Hundred Thousand Dollars ($100,000) including expenses. The Consultant shall submit a billing statement detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested in writing. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to it~ employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of I L______ Bremerton/Walker Macy Design-Harborside Park rI 1/20051 Page 1 of 4 this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, TO THE EXTENT CAUSED BY NEGLIGENT ACTS, ERROR, OR OMISSIONS IN THE PERFORMANCE OF THE Contract by the Consultant, except for that portion of the injuries and damages caused by the City's negligence. IT IS FURTHER SPECIFICALL Y AND EXPRESSL Y UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. i VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub- Consultants as follows: 4. Professional Liability Insurance with limits no less than $1,000,000 limit per occurrence/claim. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. B. Ownership and Use of Records and Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the Bremerton/Walker Macy Design-Harborside Park rI 1/20051 Page 2 of4 property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Gary Sexton 345 6th Street, Suite 600 Bremerton, W A 98337 Walker Macy Doug Macy 111 S.W. Oak, Suite 200 Portland, OR 97204 . G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 1. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. J. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) Bremerton/Walker Macy Design-Harborside Park n 1/20051 Page 3 of 4 days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT Cary Bozeman Mayor J Douglas Macy By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc Bremerton/Walker Macy Design-Harborside Park n 1/20051 Page 4 of 4 ATTACHMENT A SCOPE OF WORK: A. OVERVIEW . Bremerton Harborside Park is divided into the following general areas: a Harborside Park is composed of the Waterfront Plaza, the Stennis Mast, the Great Lawn, a Water Feature and the Grand Stairs; all south of Building 50 with its addition. a Building 50 Museum and addition, is composed of the Museum Buildings, Outdoor Galleries, Entry Areas, North Plaza and adjacent walkway. a Memorial Plaza: composed ofthe Outdoor Galleries, a Reunion Square and a Water Feature, extending from Burwell to First Street, west of Pacific Avenue. . Walker Macy will refine the current design in the areas in its scope of work, meeting a one million dollar construction budget, excluding Wet Water Features. The documentation will be sufficient to enable a General Contractor to construct the project. . Walker Macy's responsibilities within each one of the project site areas is as follows: a Harborside Park: · Assist the City to refine the overall design of the park while incorporating all the elements listed above and below. · WET Design is developing significant water features for the park. Collaborate with WET Design and the City in the refinement of the water feature elements. · Work with the City of Bremerton and a local stone supplier to introduce sculptural stone elements throughout. a Building 50 Museum and addition and adjoining grounds · RDG planning and design team has completed initial design work for the museum and its surrounding site. · Walker Macy will collaborate with and provide design input to and work collectively to the interface design between the museum and Harborside Park. a Memorial Plaza: · Initial design work for the memorial plaza and its surrounding side walks and street crossings has been completed by RDG and including · WET water elements for the outdoor galleries and plazas. · Walker Macy will collaborate and provide design input with the City, RDG, WET Design and Synergy Construction. City of Bremerton/Walker Macy Attachment A Scope of Work Professional Services Agreement 11/2005 1 of 4 B. SCOPE OF WORK 1.0 Preliminary Design 1.1 Acquire pertinent project information to-date; drawings, illustratives, CAD files, and applicable correspondence. 1.2 Refine existing design and develop alternatives, site plans, sections/elevations as needed to describe refined design concepts. 1.3 Coordinate with City, RDG, and WET Design and the General Contractor, Synergy. 1.4 Based on discussions, provide an initial Design submittal including: o Harborside Park: . SiteIMaterials Plan, including grand stairs, plaza and walkways · Grading Plan · Planting Area Plan . Preliminary design requirements for Stennis Mast - The City will provide all necessary calculations and detailing of structural elements. Walker Macy to provide design input. · Sections/Elevations of unique details . Color rendered site plan suitable foropublic display and publishing o Memorial Plaza · Planting Area and site design recommendations 1.5 Develop preliminary construction cost estimates for review and comment by the City. Define project elements to be constructed within the available budget. 1.6 Complete initial work by December 30,2005. 2.0 Final Design 2.1 Meet and coordinate with the City, RDG, WET Design and Synergy in developing 100% design development document reasonable and appropriate for construction by Synergy. 2.2 Provide 100% Design Development Submittal. Deliverables: o Harborside Park: · Grand Stair Design · Site Plan/Materials Plan · Layout Plan and Design · Grading Plan · Planting Plan · Irrigation Design and performance technical specifications · Site Details . Technical Specifications adequate and reasonable for the General Contractor, Synergy, to construct all aspects ofthe Harborside Park 2.3 Prepare cost estimate - Synergy will be available to provide constructability reviews and cost estimates. 2.4 Meet with City and Team to review 100% Design Development Package, confirm construction budget and approach, review costs, and obtain final approval from the City. 2.5 Complete final Design documents by March 15, 2006 City of Bremerton/Walker Macy Attachment A Scope of Work Professional Services Agreement 11/2005 20f4 3.0 Design Build Assistance 3.1 Review Contractor's engineering drawings and shop drawings. 3.2 Coordinate efforts with Contractor's sequence of work. Answer questions and provide clarifications. 3.3 Attend up to four (4) on-site meetings to provide observation and to answer questions. 3.4 Attend final completion review and provide written evaluation.. ASSUMPTIONS: The scope of work is based on the following assumptions: The City of Bremerton will provide: o Topographic and Boundary survey including all underground utilities o Geotechnical report o Bidding and contract administration . All permitting associated with the project will be developed and applied for by Synergy Construction . Synergy will be available during the Design Development phase to provide constructability reviews and cost estimates. . The Harborside Park (the lower park) will be constructed in a single phase. If the lower park project is broken into multiple design or construction phases, or extended beyond the schedule noted, scope and fees will be re-evaluated. . Demolition of building components and removal/capping of utilities will be the responsibility of others. . Irrigation systems will be specified to be design build. . Walker Macy will retain a Structural Engineer, Electrical Engineer and Civil Engineer (excepting the Stennis Mast) in the design of strategies related to storm water management and water quality. . The City will coordinate work with other agencies including, but not limited to the Puget Sound Naval Shipyard, Washington State Department of Transportation, the Office of Homeland Security, the US Army Corp of Engineers and other groups having jurisdiction over the site. Fees Based on the proposed scope of word, Walker Macy will be paid the following fees: Phase 1.1 through 1.6 Phase 2.1 through 2.2 (100%) design) Phase 3.lDesign Build Assistance Travel and expenses bill at actual cost not to exceed Total Labor Cost $15,000 $65,000 $15,000 $ 5,000 $100,000 Key Personnel: J. Douglas Macy - Principal in Charge I I 1__- City of Bremerton/Walker Macy Attachment A Scope of Work Professional Services Agreement 11/2005 30f4 City of Bremerton/Walker Macy Attachment A Scope of Work Professional Services Agreement 1112005 40f4 DA TE SUBMITTED: 9/2/2005 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL tD~ - d...73 SA ...........................~............................................................ tJo...f..QS4 SUBJECT: Ordinance to adopt the 2005 Comprehensive Plan Amendment Docket. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 11/9/2005 11/30/2005 Community Develop. Andrea Spencer 473-5283 SUMMARY: The action before the Council is to conduct a public hearing and adopt an ordinance for the 2005 Comprhensive Plan Amendment Docket. A TT ACHMENTS: Staff memo describing the Planning Commisson recommendation (includes attachments describing the land use changes, Planning Commission's deliberation and recommendation, and a proposed orinance). FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: /iJ . ' ,.'."ii. .. ...'.". CONSENT A~ I /' '/" ,. ,/ J - G,,..1t2J(,~t.,,,,.e,# I;~' -"ll't~td.;2__," y~~ RECOMMENDED MOTION: Move to adopt Ordinance No. -4'151 adopting the amendments to the Comprehensive Plan Offidal Land Use Map as recommended by the Planning Commission. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. +~ 54 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the City of Bremerton Comprehensive Plan as follows: (1) to change a portion ofthe plan's land use map designation from Oyster Bay Neighborhood Center (OBNC) to Low Density Residential (LDR) and Commercial Corridor (CC) along Kitsap Way generally between National AVE and Oyster Bay AVE., (2) to change the plan's land use map designation from Low Density Residential (LDR) to Downtown Regional Center (DRC) in the general vicinity of Chester & Warren and 6th & Burwell, and (3) to make certain related amendments to descriptive text and illustrations in the Comprehensive Plan. WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the,plans from other jurisdictions; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Biemerton has established a procedure for amending the Comprehensive Plan in Title 21.06.01 of the Bremerton Municipal Code (BMC), which limits amendments to the Comprehensive Plan to no more than once each biennium with amendments occurring only on even-numbered years except as provided in BMC 20.06.050 ; and WHEREAS, in September 2005, in accordance with BMC 20.06.050(e), the Community Development Director declared an emergency Comprehensive Plan Amendment process for 2005 to correct errors in the Land Use Map; and WHEREAS, on September 20, 2005 the Washington State Department of Community, Trade, and Economic Development was notified of the intent to proceed with a Comprehensive Plan Amendment process in 2005; and WHEREAS, in accordance with BMC 20.06.050(e)(4) the City Council confirmed the emergency declaration by the Community Development Director on October 5, 2005 by passing a motion to direct staff to proceed with a Comprehensive Plan Amendment process in 2005; and WHEREAS, in the City Council's motion to direct staff to proceed with an amendment process in 2005 it was established that the amendment docket would be limited to examination of the Oyster Bay Neighborhood Center (OBNC) in the vicinity of Kitsap Way 1 Comprehensive Plan Amendment - 2005 generally between National AVE and Oyster Bay AVE, and the Downtown Regional Center (DRC) in the general vicinity of Chester & Warren and 6th & Burwell to ensure that commercial uses could maintain commercial zoning; and. WHEREAS, on October 8, 2005 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on October 18, 2005 the Planning Commission conducted the public hearing on the 2005 Comprehensive Plan Amendment Docket, made findings, and formulated a recommendation for City Council consideration; and WHEREAS, the adopted Land Use map shows the area along Kitsap Way generally between National Avenue and Oyster Bay Avenue as Oyster Bay Neighborhood Center (OBNC) and the Planning Commission has determined that the area so designated is not entirely appropriate and recommends amending the Land Use Map designation for a portion of the area in the Oyster Bay Neighborhood Center (OBNC) to Low Density Residential (LDR) and Commercial Corridor (CC); and WHEREAS, the adopted Land Use map shows the general area south of 8th Street, east of Broadway Avenue, and west of W arren Avenue as Low Density Residential (LDR) and the Planning Commission has determined that this designation is not appropriate for the existing commercial uses in this area and recommends amending the Land Use Map to be Downtown Regional Center (DRC); and WHEREAS, on October 28, 2005 a SEP A DNS was issued for the proposed action with an administrative appeal deadline of November 21,2005 and no appeals were filed; and WHEREAS, on November 19,2005 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 30, 2005 the City Council conducted an additional public hearing and considered all testimony prior to their decision. WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP); NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Comprehensive Plan Amendment - 2005 SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. The findings ofthe Planning Commission from the Planning Commission meeting of October 18, 2005, as set forth in the City Council packet on the date of adoption of this ordinance, are hereby adopted and incorporated by reference as if set forth herein in full. SECTION 3. The City of Bremerton Comprehensive Plan adopted by Ordinance No. 4917, is hereby amended to make certain amendments to descriptive text and illustrations and to establish new plan designations for certain areas as follows: A. For the properties currently designated Oyster Bay Neighborhood Center (OBNC ) located east of Pershing and north of 6th Street, amend the Comprehensive Plan Land Use Map designation from OBNC to Commercial Corridor (CC) as depicted in the map attached hereto as Exhibit "A" incorporated herein by this reference. B. For the properties currently designated Oyster Bay Neighborhood Center (OBNC) located east of Pershing and south of 6th Street, amend t1i~ Comprehensive Plan Land Use Map designation from OBNC to Low Density Residential (LDR) as depicted in the map attached hereto as Exhibit "A". B. Amend the Comprehensive Plan descriptive text and illustrations shown on pages LU-13 and LU-14 "Oyster Bay Neighborhood" to reflect changes as identified in subsections A and B above. C. For the properties located south ofSth Street, east of Broadway Avenue, and west of Warren Avenue amend the Comprehensive Plan Land Use Map from Low Density Residential (LDR) to Downtown Regional Center (DRC), as depicted in the map attached hereto as Exhibit "B" incorporated herein by this reference. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President 3 Comprehensive Plan Amendment - 2005 Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney ,2005 , 2005 day of day of PUBLISHED the EFFECTIVE the ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\2005 Comp Plan Amendment.doc 4 Comprehensive Plan Amendment - 2005 3nN3^V 3130V I , t 'i r._...~~m"'-l iii I E 0 1 VHl.l:!3a !II 0 0 ! . I I'" , ~I '+- 0 I "'I CD - ! I, C) i ,II r::: 0 ~^V 31101l:!VH:l 'i CO Z ! II.em I 1100 I .I, , i(~~-"\\ ~ \--- \ -- -~- ~l n:: I J Eo 11 o ..J Ii ... I ; '+-0'1 3nN3^V CD _ 1, I ~~!I I, CO 00 II 'fF,.Oil i...., I i t7 /~,__J-I / " ! , \11:100 // E.., // l:'f/ l/: ~,> r " /- . "''''' ~., .-~._,....-",.,,,--,, ~:; ..,. 111 111 i!l '" ,/ tt 111 a: ... II> '" ill 3.i1N3^V w > ii: Q Z ;< Q ~ ~ 30N3^V Vl:!OO i ~ ~ ooS ~c; 'Q'" ~~ :\.<0 o anuaAV a... """'" l.33l:!.1~ l.S3l:!l:!O~ Ava l:!3l.SAD. .. A VB l:!~ll.SAO CU(1)-C ID ..... .2= .c 0 c t: tn .... 0 c3 ~ (I) t: c: .c -e \J E CU.- I.. - 0 \,r) "'C .c Co.8 0 ~ lS- t: e CO.cZ~ CU Q. ~ en r:c .!: E E (1) .- Q..'~ .<( 0 tn~ I..Z o O:J CU~ Z .. ~.... CXJ~ CU <( q- "'C co C ... 0 (J ..... 0 C m CU '* t6 c .-0 co 0 >-0 CO~N..J ~ 0__ C.r:.(I)C.... .- ><.c co tn "C W ..... _ ~ o Oc..O OboO<\- ro :.::; c Q) -e 'Ci) Q) 0::: >- - 'Ci) ro c: '0 w ... o- w- 0::: E 0 ~ 0 00 O...J O--...J- ... o -e 'C ... o o .::s:. ... ro n.. ro 'C - If) :::l_ -eel c- -- C:ctllo...._ ~c:Q)() Boca::: c: .- Q) 0 ... ~ g> () ""-" o CJ) CJ) .s 8 a::: ......>-Cc: ...... . - ...... CJ) c:tnc:o J,.... CJ) c: ._ " .) CJ) a. - >- ctl ~E-c ns~+::_ "'C CJ) ns c: c: ~ a::: c: ... ::aE 0 t3 :g g 1'1' a. .- C/) ""-" . '" E CJ) C)~Q) o E tn CJ) 0 a::: Z <C 0 ::J ~ ...J CJ) 0 "'C c: (Jm~ c: 3=-0 c: onso8C/) ns ~ 0 ..J ...... .c: ~ __ r::: .c N r::: 0 c: CD .- .- r::: ~.o.- Z "'C -c 1'1' ns ::>.c: C/) ""-" ... '" 0 o>::J O >< J:;:;- ._ CD W ...... ... c ~ DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Andrea L. Spencer, Planning Manager Date: November 2, 2005 Re: Planning Commission Recommendation - 2005 Comprehensive Plan Amendment Docket The purpose of this memo and attachments is to forward the Planning Commission's recommendation for the 2005 Comprehensive Plan Amendment Docket (minor modifications to the Land Use map). Planning Commission conducted a public hearing on October 18, 2005. The draft minutes from this meeting are attached for your consideration (see Attachment I) as are the Commission's Findings and Conclusions (see Attachment II). Staff recommends that Council consider this information and conduct an additional public hearing on November 30, 2005. The land use changes that were considered are: 1. Oyster Bay Neighborhood Center (OBNC) and 2. The commercial areas in the vicinity of Chester & Warren and 6th & Burwell near the Downtown Regional Center (DRC) A vicinity map showing the two locations is shown in Attachment III. ANAL YSIS OYSTER BA Y NEIGHBORHOOD CENTER (OBNC) Neighborhood Centers are intended to be walkable, mixed-use living environments that include neighborhood retail and services, civic functions, residences, and public spaces. There is substantial community support for these centers within Bremerton, and they are an integral part of the new growth strategy presented in the 2004 Comprehensive Plan. The current configuration of the OBNC contradicts the pedestrian-friendly theme embodied in the Comprehensive Plan for centers as mixed-use, walkable areas. The Planning Commission recommends that City Council amend the land use map to reduce the size of the OBNC as shown in Attachment IV. The reduced size is more conducive to a pedestrian-oriented district. Furthermore, it allows an extension of the Commercial Corridor along a larger portion of Kitsap Way, an appropriate modification considering the existing character of this area. The Planning Commission recommendation for zoning in "Package 5" is consistent with this land use change recommendation. DOWNTOWN REGIONAL CENTER (DRC) Land use amendments were considered to ensure that commercial areas in the general vicinity of Chester & Warren and 6th & Burwell near the DRC would not be rezoned to residential designations. Based on the current land use designation, the proposed Official Zoning Map indicates a rezone of some commercial areas to R-10 for consistency. The DCD staff analyzed the subject area in three smaller pieces, areas A, B, and C, and made a clearer diagram of the specific land uses (Shown in Attachment V). The Planning Commission deliberated on all three areas and recommend to City Council as follows: Area A The Planning Commission recommends modifying the land use map to include Area A into the DRC, as it is comprised of existing commercial uses and is fully contiguous with the current DRC boundary. Area B & C Planning Commission recommended maintaining the Low Density Residential designation for Areas Band C. The Commission felt that the expansion of the DRC at this time into these areas may have impacts to the adjoining neighborhood that they have not yet had time to analyze. The Commission also expressed concern that retaining the current multi-family zoning (requiring a Plan revision for consistency) was directly contrary to the Plan's foundation strategy of directing higher density growth to centers. The Commission recommends that this area not be included as part of the amendments in 2005 as there is no apparent "defect" or "deficiency" in the new Land Use Plan to qualify as an "emergency" as required in the BMC. However, some modification to the Plan could be more carefully considered during the standard biannual review period in 2006 or during the imminent sub-area planning process for the entire DRC when more analysis could be conducted to support findings to change the land use in this area. The following table shows the previous and present land use designations for areas A, B, & C that border the Downtown Regional Center. Pre 2004 Pre 2004 Land 2004 Anticipated Comprehensive Use Zoning Comprehensive 2004 Land Plan Land Use Plan Land Use Use Zoning Designation Designation Area A Medium Density Business Core Low Density R-10 Residential Residential Area B: West of Medium Density Professional Low Density R-10 Chester Ave. & Residential Office Residential North of 6th ST. Area B: South of 6th ST. High Density Multi-family Low Density R-10 & East of Residential Residential Residential Chester Ave. Area C High Density Multi-family Low Density R-10 Residential Residential Residential PROPOSED ORDINANCE Based on Planning Commission recommendation staff has drafted an ordinance for your review and consideration (see Attachment VI). The ordinance has been drafted to show the changes to the Oyster Bay Neighborhood Center and the inclusion of "Area A" into the Downtown Regional Center. Draft - Subject to Approval on November 15, 2005 Attachment I Minutes for City of Bremerton Planning Commission Regular Meeting October 18, 2005 I. Call to Order The meeting was called to order by Commissioner Streissguth at 5:32 p.m. II. Roll Call Those present were: Commissioner Friedberg-Nerf, Commissioner Hoell, Commissioner Kennedy, Commissioner Kosusko, and.Commissioner Streissguth. Quorum certified. Also present: Chris Hugo, Andrea Spencer, Geoff Wentlandt, Nicole Ward, and Pam Wilson (City staff). III. Approval of Agenda Commissioner Streissguth introduced the agenda. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to approve the agenda as presented. It was agreed by general consensus to approve the agenda as presented; the motion carried. IV. Approval of Minutes The minutes of the Regular Meeting held on September 20, 2005 were presented for approval by Commissioner Streissguth. A motion was made by Commissioner Friedberg-Ned and seconded by Commissioner Kosusko to approve the Regular Meeting Minutes of September 20, 2005, as presented. Called for a vote: Commissioner Friedberg-Nerf: Yes; Commissioner Hoell: Abstain; Commissioner Kennedy: Abstain; Commissioner Kosusko: Yes; Commissioner Streissguth: Yes. The motion carried. V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Commissioner Streissguth asked if there were any comments from citizens. Seeing none, she closed this portion of the meeting. B. Public Hearin2: 1. Zoning Package #5 - Considering adjustment to the method 0/ calculating infill densities in underutilized urban/ringe areas: Geoff Wentlandt, City Planner, began with the Staff Report on this item. He explained that staff had looked at the countywide Planning Commission Meeting October 18, 2005 Page lof8 Draft - Subject to Approval on November 15, 2005 Attachment I planning policy and what the R-l 0 requirements are for what makes an appropriate urban density which works out to five units per acre and 8,712 square feet per lot. If a lot was larger than 8,712 square feet it would be considered underutilized. Staff was speaking of areas both outside the current city limits and undeveloped areas within the city limits. Geoff referred to the bright green handout which had the suggested language for the amendment which differed slightly from the language in the staff report. Commissioner Kosusko asked for the current language used for densities in underutilized areas within the city limits. Geoff explained about rounding down the square footage of surrounding lots that are greater than 8,712 square feet and averaging five to seven units per acre. Chris Hugo, Director of Community Development, gave additional information on the cost effectiveness, or lack of, for providing City services to lower density areas. He felt this cost justified setting the standard for density in these areas at seven units per acre. Commissioner Friedberg-Nerf asked about waiting to create design standards in the underutilized fringe areas and how that would affect future development. Geoff explained that additional standards would be written. Staff felt there was adequate time to undertake this task as most of the property involveqhas not been annexed into the City yet or are parcels larger than 50 acres. Commissioner Streissguth opened public comment on this item. David Toyer, Barclays North, Inc.: "I'm Vice-President for a company called Barclays North who, you may've read about here last week in the newspaper, purchased the Northwest Corporate Campus Site. The actual development LLC for that is L160-1, Kitsap LLC, so you may see stuff come from the LLC's name or the company's name, and I'm authorized to speak on behalf of both of those. I'm here tonight mostly because we've been tracking this R-lO zoning designation and how it would theoretically apply to the property we just purchased. One of the issues that was of some concern to us was an issue relative to what this amendment is actually seeking to sort of fix. We recognize that in many of your existing neighborhoods within the City of Bremerton, having some levels of density that are somewhat similar to the existing uses is a very good thing. With some large development sites such as this, and some of the opportunities to do some really quality development, some mixes in densities, and have some additional flexibility. The requirement that would limit density based on the averaging of lot sizes around you, given that all the lots around the Northwest Corporate Campus properties are currently undeveloped. We'd be really limited in the scope of what we could actually develop out there. We've been chatting with staff a little bit today through our local consultant here, Bryan McConaughy, and this is the first chance I've had an opportunity to look at this proposed staff amendments language, but in general terms I support it; I think this moves in the right direction. We are happy to be here in the City of Bremerton; it's a new jurisdiction for us and if you do have questions I can leave some cards with staff and you can feel free to get in contact with me. Thank you for your time." Planning Commission Meeting October 18, 2005 Page 2 of 8 Draft - Subject to Approval on November 15,2005 Attachment I Commissioner Streissguth asked for any other public comment, including written testimony, on this agenda item. Seeing nolie, she closed this portion of the public hearing. Commission discussion and deliberation: Commissioner Kosusko asked staff where the 50 acre requirement came from. Chris responded it was a number he arbitrarily chose, but understood that it could change depending on future development standards. Commissioner Kennedy asked about Port Blakely and if this amendment would preclude annexing a large section of land for development and having inconsistent density in that development. Chris replied that under the existing development agreement, that type of differing density could occur; the amendment would only affect projects without a development agreement which he felt could likely happen with Northwest Corporate Campus. Three ways a development could result in different densities are environmental challenges, clustered neighborhoods, and zero lot line development. A motion was made by Commissioner Kennedy and seconded by Commissioner Kosusko to revise the Zoning Package #5 reco~mendation to include language specifically for infill density in underutilized urban fringe areas and to add Bremerton Municipal Code Section 20.60.068, Allowable Density and Lot Area in Underutilized Urban Fringe Areas. Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried. Commissioner Streissguth then opened the public hearing on the reconsideration of building heights in residential areas that are designated "Downtown Regional Center" in the Comprehensive Plan. Geoff returned to the Staff Report, explaining that the building height issue came about during a City Council study session. He reviewed figures showing the current height limits and the proposed height limits in the Washington Avenue, Pleasant Avenue, and Highland A venue corridors. There is a height difference of approximately 25 feet from Highland Avenue to Washington Avenue and approximately 20 feet from Highland Avenue to Pleasant A venue. Commissioner Kosusko pointed out that there is a proposed change along 6th Street as well as the Washington/Highland/Pleasant corridor. Commissioner Friedberg-Nerf asked if there were any homes in that area that were on the historic register; there are not. Commissioner Streissguth asked for public comment, including written testimony, on this agenda item. Lynn Swanson, Pleasant Avenue: "I'd like to see once again where the 110' height would be west of me [Geoffbrought up topography map]. Oh, there's nothing like that west...I have a stunning view from my home and I was getting a little panicky. Thank you." Planning Commission Meeting October 18, 2005 Page 3 of8 Draft - Subject to Approval on November 15, 2005 Attachment I Commissioner Streissguth asked for any other public comment. Seeing none, she closed this portion of the Public Hearing. Commission discussion and deliberation: Commissioner Streissguth noted that she had attended both City Council study sessions where this agenda item as well as planning for Centers had been discussed. Staff recommended choosing Option #2 to reduce heights to 40 feet for the majority of the MR zone. Commissioner Kosusko felt Option #4 was too conservative. He agreed with staff that Option #2 was an appropriate choice. Commissioner Kennedy concurred, adding that Option#2 might be a way to improve the substandard housing that is currently in that area. A motion was made by Commissioner Kosusko and seconded by Commissioner Friedberg-Nerf to choose Option #2 to reduce heights to 40 feet for the majority of the MR zone: all residential areas between 6th Street and 11th Street. Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried. The final Public Hearing item was on the 2005 Comprehensive Plan Amendment Docket. Nicole Ward, City Planner, gave the staff report on proposed amendments to the Official Land Use Map. The two areas of concern were the Oyster Bay Neighborhood Center and the Downtown Regional Center. The Oyster Bay area had been discussed in previous meetings. Nicole gave an overview of the proposed options for amending the Land Use Map. Staff recommended choosing Option C. She moved on to the Downtown Regional Center, discussing Areas A, B, and C, listing the main characteristics of each. Staff recommended including Areas A and B in the Downtown Regional Center. Nicole noted that there was one written comment from the Emanuel Apostolic Church to be entered into the record. Commissioner Streissguth opened public comment on this item. Lawrence Robertson, Jr., 1624 - 6th Street: [Reading directly from his e-mail previously submitted to Community Development] "Emmanuel's properties fall within Area B and are comprised of a church and single-family homes which function as offices for church administrative purposes. None of Emmanuel's properties on 6th Street are used for residential purposes. Emmanuel is very grateful for its location which affords it the opportunity to serve its immediate neighborhood. The location is a blessing to Emmanuel and Emmanuel is a blessing to the location. Emmanuel's location is unique and critical because it is the threshold to downtown Bremerton's changing and dynamic persona. Emmanuel's dramatic architectural features announce to all traveling on Sixth Street that the new downtown Bremerton is not only about economic development but is also about the people who call Bremerton home. Emmanuel has a wonderfully blessed history. We started in a small storefront between a dog grooming salon and a television repair shop on Callow Avenue. When we outgrew that storefront, we moved to a building which was little more than a shack in Navy Yard City on Madrona and we turned that shack into a beautiful house of worship thus improving the neighborhood. We outgrew that church but the building has lived on to function to the benefit of the Planning Commission Meeting October 18,2005 Page 4 of8 Draft - Subject to Approval on November 15, 2005 Attachment I neighborhood: as a senior center, as a Kitsap Mental Health facility for youth and now, once again, as a house of worship. Our history documents that we have enhanced every neighborhood where we have been. Emmanuel is not an institution apart from the real world. True, our primary purpose is spiritual growth but we know we live in the real world and we have been pro-active in business development, education, and children. The Planning Commission's staff recommends that this area be included in the DRC Comprehensive Plan designation. Non-residential uses predominate within this corridor if the religious institution's properties are considered non-residential [which they are]. Sixth Street is a busy thoroughfare corridor, and there is an association with the Warren Avenue intersection. The two larger parcels..." [Mr. Robertson's three-minute time was up.] Commissioner Streissguth asked for additional public comments. Seeing none, she closed this portion of the meeting. Commission discussion and deliberation: Andrea Spencer, Planning Manager, introduced the Staff Draft Findings of Facts printed on goldenrod colored paper. Chris briefly explained that churches are considered part of a neighborhood characteristic and would conform to either zoning designations, comm~rcial or residential. The proposed zoning for Area B is R-lO. Commissioner Kosusko asked how this proposed re-designation came about. Andrea responded that on October 5, 2005, staff went before the City Council to confirm an Emergency Comprehensive Plan Amendment for the Oyster Bay Neighborhood Center. During this meeting, Council decided the commercial areas around 6th Street and Warren Avenue should be examined as well. Commissioner Friedberg-Nerf inquired as to how the proposed tunnel project would affect traffic flow in the 6th Street/Warren Avenue area. Chris felt that the tunnel project would not impact that area. Commissioner Kosusko asked. how the height limits would be affected if the proposed areas were included in the Downtown Regional Center. Chris acknowledged that this was an item that needed further examination. The current height limit for the BC zone is 120 feet; the proposed height limit is 80 feet in the 6th Street/Warren Avenue area if it were included in the DRC. Area C is currently designated MR with a height of 80 feet. The Commissioners were in agreement that Area C should be left as it is, going forward with the designation on the proposed Zoning Map. Commissioner Kosusko remarked that he did not feel comfortable including Area B in the DRC; with the exception of the chiropractic office, other non-residential uses in that area would still be allowed in an R- 10 zone. He would be amenable to including Area B if lower height restrictions were in place. Commissioner Friedberg-Nerf agreed that Area A was appropriate to include in the DRC, but not Areas Band C. Commissioner Hoell asked for clarification as to why this item had come up in the first place. Chris explained the process by which revisions to a Comprehensive Plan can be made one time a year; however, Bremerton's code limits revisions to every two years. A clause was added in anticipation of necessary correction: To make a revision outside of that time frame required a declaration of emergency by the Director of Community Planning Commission Meeting October 18, 2005 Page 5 of8 Draft - Subject to Approval on November 15, 2005 Attachment I Development. The Oyster Bay Neighborhood issue prompted this declaration, and the Council added the DRC item. Before going into deliberations on the Oyster Bay Neighborhood, Commissioner Streissguth asked to have the Findings of Facts read into the record. Andrea explained that the Finding of Facts was drafted with the expectation of both Areas A and B being included in the DRC and because it was possible that that was not the outcome, she did not feel comfortable putting it in the record as it was written and suggested waiting until the Commissioners had made their decisions and bring findings to the next meeting. Moving on to the Oyster Bay Neighborhood Center, Commissioner Kosusko and Commissioner Streissguth noted that Option C was consistent with the Commissioners' discussion at the previous meeting. Commissioner Friedberg-Nerf agreed, adding that Option C provided flexibility in future development in that area such as West Park and proposed bicycle trails. Commissioner Kennedy preferred Option B giving the high traffic and commercial uses along Kitsap Way as her reason. Andrea read into the record the summary of Procedural History: . On September 19, 2005 Staff notified the Dep\lrtment of Community, Trade and Economic Development of the intent to adopt amendments to the Comprehensive Plan. . On September 27, 2005 the Community Development Director declared an Emergency Comprehensive Plan Amendment process to commence in 2005, outside of the biannual review process. . On October 5, 2005 Staff recommended and City Council passed a motion confirming an Emergency Status allowing Staff to proceed with a 2005 amendment docket. . On October 8, 2005 a notice of Planning Commission Public Hearing was published in the Kitsap Sun and the public was invited to comment. . On October 18, 2005 Planning Commission conducted a public hearing on the 2005 Comprehensive Plan docket. In addition, public comments were e-mailed to the Department of Community Development from Lynn Swanson at Brody Law and Mr. L. Robertson, Jr. A motion was made by Commissioner Kosusko and seconded by Commissioner Friedberg-Nerf to recommend moving forward to City Council for consideration the amendment to the Comprehensive Plan for the Oyster Bay Neighborhood Center, Option C, reducing the overall size of the OBNC. Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to recommend moving forward to City Council for consideration and approval to include Area A in the Downtown Regional Center. Planning Commission Meeting October 18, 2005 Page 60f8 Draft - Subject to Approval on November 15, 2005 Attachment I Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried A motion was made by Commissioner Kennedy and seconded by Commissioner Friedberg-Nerf to recommend moving forward to City Council for consideration and approval to re-designate the DRC Area A to BC on the zoning map. Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried Andrea gave the Commissioners an overview of what criteria needs to be considered when giving an explanation of why Areas Band C were not included in the DRC. Commissioner Kosusko noted in making his motion that the addition of Areas Band C did not constitute an emergency nor was due to a technical error. He felt that additional sub-area planning was needed to determine the appropriate boundary of the plan in this area. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to recommend not moving forward to City Council for consideration including Areas Band C in the Downtown Regional Center. Called for a vote: Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; and Streissguth: Yes. The motion carried VI. Business Meeting A. Chairman's Report: Commissioner Streissguth reported that Planning Commissioner Clarence Nelson had purchased a new home outside the City limits and had resigned his position on the City of Bremerton Planning Commission. She encouraged the other Commissioners to let people they know who may be interested in serving on the Commission that there is a position open. Commissioner Streissguth also reminded everyone that the Chairman and Vice-Chairman elections would be coming up soon. B. Director's Report: Chris Hugo reported that soon there will be meetings with the engineers and the East Park developers to discuss area planning and street width. Chris gave an overview of the City budget process noting that with some policy changes brought in this year and rising health costs, some of the projects Community Development had hoped for in 2006 would not happen even though Community Development's revenues have steadily increased. Staff has been working on grant applications through CTED to bring in additional funds. The Mayor's office is working on finding a suitable replacement for the vacant Planning Commission seat. Chris suggested looking to Leadership Kitsap graduates in the event that the current list of applicants does not pan out. Planning Commission Meeting October 18, 2005 Page 7of8 Draft - Subject to Approval on November 15, 2005 Attachment I C. Old Business: Andrea returned to the Finding of Facts for Zoning Package #5, noting that once the decisions from tonight's meeting were entered, it would be ready for Commissioner Streissguth's signature and would be forwarded to City Council. Geoff reported that the mapping errors concerning the areas near Tony's Pizza on Kitsap Way and along Park Avenue had been corrected per the Planning Commission's recommendation. D. New Business: Chris spoke on the Multi-Family Tax Incentive as a way on increasing density in Centers as outlined in the Comprehensive Plan. He felt that it was time for the issue to be brought before the Commission, not as a formal action, but to be knowledgeable when presenting it to Council. Andrea gave an overview of the East Park sub-area planning process. Community Development will be receiving a submittal from Mithun soon for the sub-area plan. Staff would like to schedule a Special Meeting on November 1, 2005 to workshop with Mithun on their proposal. The Public Hearing on this item would then occur at the next Regular Meeting on November 15, 2005. It was decided to have a Special Meeting on November 1, 2005 and a Regular Meeting with a Public Hearing on November 15, 2005. VII. Adjournment Meeting was adjourned at 7:34 p.m. The next Special Meeting is scheduled for November 1, 2005. The next Regular Meeting is scheduled for November 15,2005. Respectfully submitted by: Chris Hugo, Executive Secretary Approved by: Linda Streissguth, Chairman Planning Commission Meeting October 18, 2005 Page 80f8 Attachment II FINDINGS AND DETERMINATION OF THE CITY OF BREMERTON PLANNING COMMISSION Summary - 2005 Comprehensive Plan amendment and Land Use Map adjustment to modify the "Oyster Bay Neighborhood Center" (OBNC) and the "Downtown Regional Center" (DRC). I. FINDINGS OF FACT 1. Project Description The DCD Director and the City Council have made a finding to proceed with an emergency Comprehensive Plan Amendment process in 2005. The Amendment Docket is comprised of land use map modifications; generally there are two areas of the land use map that are to be examined during this process - the "Oyster Bay Neighborhood Center" (OBNC) and the commercial areas in the vicinity of Chester & Warren and 6th & Burwell near the "Downtown Regional Center" (DRC). No other amendments are being considered as part of this docket. 2. Procedural History 2.1 On September 19, .2005 Staff notified the Department of Community, Trade and Economic Development of the intent to adopt amendments to the COlYlprehensive Plan. .. 2.2 On September 27, 2005 the Community Development Director declared an. i Emergency Comprehensive Plan Amendment process to commence in 2005, outside>ofthe biannual review process. 2.3 On October 5, 2005 staff recommended and City Council passed a motion confirming an Emergency Status allowing staff to proceed with a 2005:arnendment ..... docket. 2.4 On October 8, 2005 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment. 2.5 On October 18, 2005 Planning Commission conducted a public hearing on the 2005 Comprehensive Plan docket. 3. Public Comment 3.1 Individuals submitting written comments: a. Lynn Swanson, brodvlaw@wavecable.com (Emmanuel Apostolic Church) 3.2 Individuals providing verbal testimony at Planning Commission public hearing: a. Lawrence Robertson, Jr., Emmanuel Apostolic Church 4. SEPA Determination SEPA DNS was issued on October 282005. Attachment II 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 21.06.080. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met. 5.1 BMC 21.06.080(A) allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. The OBNC is in its current configuration is larger than it should be. Planning Commission finds this amendment to the land use map promotes an efficient Neighborhood Center for the community and it will more appropriately meet the goals in the Comprehensive Plan for Neighborhood Centers. Furthermore Planning Commission finds that Area A (as identified in the 10/18/05 Planning Commission staff report) next to the Downtown Regional Center (DRC) also meets these criteria because it is primarily commercial and is an obvious technical error and should not have been changed to Low Density Residential during the 2004 Comprehensive Plan process. 5.2 BMC 21.06.080(B) allows amendments to the Comprehensive Plan if certain criteria have been met. The Planning Commission finds that the amendment of the land use map for increasing the size of the DRC in Areas Band C (as identified in the 10/18/05 Planning Commission staff report) did not constitute and'emergency nor was it due to a technical error. The Planning Gommission fOlJnd,thatadditional sub-area planning was needed to determine if these areas would be bestevaluated, . in the biennial amendment process. II. CONCLUSIONS & RECOMMENDATION . Based on thefindingsabove, Planning Commission concludes thatth~2005 ComprehEmsive Plan Amendment Docket has met the criteria for amendments to the plan as detailed in BMC 21.06.080 and therefore recommendsamendment$toJhe Oyster Bay Neighborhood Center and area A in the Downtown Regional Center which includes the parcels south of 8th S1. and East of Broadway Ave. Respectfully submitted by: Executive Secretary Approved by: Linda Streissguth, Chair Lf a. C\1 ::::E i~ E.. .!:.- sC ... .- <tU .- > i . : ~ ..... ~.... i~ .c:u e 0 Q.~ ~ec: QO'! C\ioa.. () as .- CI) UJ - ... .~ 'u CI) <( E CI) UJ CI) :J 0.:::) tn cn"O&: >- CI) &: as .~ .~ as J: o cn..JO "C r:: (l) C') (l) .J . .~ ~ .~ m o c 0 ... c: 0 .- ... CO "C c: 0 CI) E z E m 0 0 0 CI) CI) J: (ij .... E a: ... 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CO -- anE - -- 0- en...... ; -'= ~.~ UCI) D::J: N ('f) C.()') <.0 co N U . en >< Q) DATE SUBMITTED: 10111/05 BILL # () 5-;;;).:39 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 58 .................- ~..............................................I SUBJECT: Ordinance No. 4~ 5'"0 adopting amendments to BMC Title 20 relating to zoning. (Public hearing item) Committee Meeting Date: --9RfHfJ5, H)f.tf&5 /1-9-05' COllNCIL MEETING Date: 10/19/05- 11-30 -oS- Department: Comm. Development Presenter: C. Hugo Phone: 473-5275 SUMMARY: The proposed ordinance enacts the fifth and final "package" of new section of the zoning code and a new zoning map. This is the final step in the implementation of the 2004 Comprehensive Plan. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. Package #5 consists of the full proposed Title 20 zoning code. Amendments, edits and revisions to zoning packages #1 - #4, previously reviewed and adopted but not enacted, are contained in Package #5. Adoption of the proposed ordinance (Package #5) will make the Title 20 zoning code and official zoning map effective. Previously adopted Ordinances No. 4932 (Package #1), No. 4937 (Package #2), No. 4941 (Package #3), and No. 4946 (Package #4) will be simultaneously repealed. ATTACHMENTS: 1) Summary Memo to Council. 2) Proposed BMC Title 20 Chapters 20.40- 20.98 (CITY COUNCIL RECEIVED THIS PORTION ON SEPTEMBER 27,2005). 3) Proposed official zoning map. 4) Summary of public comments. 5) Summary ofPackge #5 revisions. 6) Draft Planning Commission findings and determination. FISCAL IMP ACTS (Include Budgeted Amount): Failire to maintain GMA compliance may jeopardize eligibility for State grants and loans, particularly Public Works Trust Fund loans. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ,.'\.., . ." /i. /) '/(,',;(l/~...:",-~~. ....,-,....."...... ~:_.._~,_ /.-. \",., A' _ . lj-{.s::.'~ " +-:. ?;hf{Al-'G \, ttLe~J:.~--,,) .....---._ ---;r--- . I~~ Y l~L\..... - y RECOMMENDED MOTION: Move to pass Ordinance No. 4950 adopting the proposed zoning code amendments and proposed official zoning map, aU relating to l,and Use. I CONSENT ~~ENDA oj COUNCIL D Approve 0 Deny 0 [J [JNo DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: From: Date: Re: City Council I /' Andrea L. Spencer, Planning Manager ~~ November 30, 2005 Ordinance No. 4950 Zoning Code Adoption - Additional Amendments Recommended by the Planning Commission & Staff On October 19, 2005 the City Council opened the public hearing on the Zoning Package 5 and continued the hearing to November 30,2005. The Planning Commission has held additional hearings in October and November and formulated a few revised recommendations for the zoning code and map. In addition, City staff has been reviewing sections of the code and believes that a few minor modifications could be made to clarify the intent of the text. The purpose of this memo is to provide the City Council with recommended motions to incorporate the Commission's and Staffs revised recommendations for the zoning code as part of Ordinance No. 4950. Main Motion: Move to pass Ordinance No. 4950 adopting the proposed zoning code and official zoning map, all relating to land Use. Ordinance No. 4950 is included in Attachment I for your consideration and adoption. Attachment II includes reduced copies of the new format of the Official Zoning Code Map. Finally, for your review and consideration the staff has included the minutes from Planning Commission's last public hearing (conducted on November 15,2005) and all the public comment letters that have been submitted to the Planning Commission since their recommendation in September 2005 (see Attachment III). On the pages that follow there are five Staff drafted amending motions for the City Council's consideration to incorporate the revisions that the Planning Commission and Staff are recommending to the zoning code as presented in Ordinance 4950. AMENDMENT 1 Amending Motion: Move to amend the main motion to revise Figure 20.74(a) as recommended by the Planning Commission on October 18, 2005. The City Council requested that the Commission reexamine the height diagram in proposed BMC Figure 20.74(a). The Commission recommends that the building height for the residential areas north of 6th Street be limited to 40'. The following page contains the revised map figure. Downtown Regional Center Maximum Building Heights Figure 20.74(a) "7 . ... .... .. ...'.' T ' ......... , "II .,.,........11... ~.' AMENDMENT 1 ..... ',.,...... ; ............... . ...... :............... ., In '-'IU'I,iJ) · , ,." ;. > ,,'Je,.' ..i.,. ....."........... .....~.. \'.2?\ ..,...,i .... ......... ... ........ .. .. . ......... ..... . ....."i .,'.' ..' } :. ,.. .... ....:. .. . . ,. . .. .... i.... ....... ...... : .... " .... ..>. )~!J' . . :. ....... ... - ... ..\....:.......'...",... '.. ......'.'.. .. ... ...... ... l"'~ ,...... ,;i1i{ L ., ....,. ..... ...... Ii' ., ..... .... d , . i · I '\. . ........ . ....,.... I .".. .., i... . ......i. .... ..,.. '..... ... ,.........'\. ................. .. .., ,..... ....... ;J.....; 'm!.. ~~...:.:\ 'iL' : iT, ,..,.......,...... ,... ,.. '.. '.:T ........! Frt......L'. I ..., ,..'. ..... ..\i' d j.:'. I, .... '. . I).) '" :, ..... ........ ; L ..... . '.:'...: ,:. i..., ".L.. ... i.." ............. ......, r.T..... ..... ..' E.. ". . .,. .../'. .....",..,...... .TL'. im. ii.:. 'r: : .;". .! .'.1 I........ I..'..."T.. fi. ..i.........." ............ "i,'. ..:..'..... ................ .....',(.. ...................L. ..........LT ....':! .,.... ,m ......: i/ 5C)'* I,:" .'" ~.......... ./// 'T. ..........., . ................... : i j tn: ,.. 1$(" ii ."...... :.................... ................. ," :':1-' r~..m!...,..... ~.........;I ; Pi". ........... ..;: ........:....,g;: '.:. ...:.....u.......;.......' ....) ; ilT j !M,! Ii i .1 II. F~ (" ...........',. ii, .. .......... · fi.;' .. .! ,; "re'.'I! ....~ ;~I.:~ ~_~.i.f," L. I i I : I'M! I J;"'!; iT..I, .......,'. 1. i~;- !. .... r u. II -,'j II , .' i ~,J') i ; iT ~t~ Sf !' i!; , " 1 IF' [ " , . 0 "U,.I ..~1,' .. .t/JJt* itllUI::::.:' :).. n.1.U11' -- ?J'y ........ I U"'",LL ILL , .' ; , i I Iii fLi' T.,L "1 ill -'liT I Tn-I' """ ". .! 'F ',t > IJ'" f, ! 'Ic;:."!.,, !. ['!" ~ I .!", ~ '=. i , PugetSound · · Naval Shipyard I 'iT'!. 11nrl~t I.,.. .......... ............iT .. . .......,.". 1 str(:~ 1: .............. .... ;.. .' .. r * The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that at I no point shall a structure be more than five stories plus I five feet above the elevation of Washington Avenue at the site's front property line (edge of right-oF-way). I The added height of any roof structure shall be excluded I from the height determination, I , 1 '" H ThEJ maximum height of 40 feet shall be applied to i all structures havirJ(J pitched roofs with a 3" 12 slope i or greater. Structures with roof pitches less than 3:'12 E:l1all have amaxirnurn height of 35 feeL . --,~"------_._~._.._. .-~ ---~_._-- ---_._--,~._._.,~---~ -... .-~ _.._--. ---'"', - ------~--, ---- ~-" --- --- AMENDMENT 2 Amending Motion: Move to amend the main motion to include a new section 20.60.68 '~lIowable Density and Lot Area in Underutilized Urban Fringe Areas" as recommended by the Pla.nni2g .Commis~on October 18, 2005 with m~o~ /J modifications. ~ ~ ~kci ~ S'TAH- rvt-II- 3o~o s: As drafted, the zoning code has provisions that stipulate that allowable infill density be limited to the average density of the surrounding neighborhood. Where there is no "neighborhood context" to infill (i.e. the surrounding parcels are largely undeveloped) the code does not have any provisions for allowing urban densities. The Planning Commission revised recommendation adds provisions to allow urban density in areas that have no established urban neighborhood in place while ensuring compatible densities for projects that infill existing neighborhoods. The reader will note that there is underlined text in part (b)(1). This is a sUQQested amendment by staff to ensure that the densities will only be calculated for the developable portions of properties. The following page contains the new section of the zoning code as recommended by the Planning Commission and amended by staff. REVISED AMENDMENT 2 20.60.068 Allowable Density and Lot Area in UnderutiIized Urban Fringe Areas (a) When a property zoned Low Density Residential meets the criteria for an underutilized urban fringe area per BMC 20.60.068(a)(1) below, the density and lot area standards of BMC 20.60.068(b) shall apply. (1) A property shall be classified as underutilized urban fringe when the average lot size of all lots within three-hundred (300) feet of the site's outer boundaries is greater than 8,712 square feet, and the property meets one (1) of the following criteria: (i) The property is outside of the December 1,2005 Bremerton city limits; or (ii) The property is inside of the December 1, 2005 Bremerton City Limits and is a single f*H'68l proiect equal to or greater than 50 acres in size. (b) The following density and lot area standards shall apply to lots in underutilized urban fringe areas: (1) Minimum Density: The minimum required density for that portion of the site not containing critical areas is (7) dwellings per acre. (2) Maximum Density: The maximum allowed density is ten (1 0) dwellings per acre., (3) Minimum Lot Area: The minimum lot area is 4,300 square feet. (4) Maximum Lot Area: The maximum lot area is 6,200 square feet. AMENDMENT 3 Amending Motion: Move to amend the main motion to revise Section 20.58.060 "Residential Cluster Development" Staff has suggested a few minor modifications to the proposed BMC Section 20.58.060 Residential Cluster Development (RCD). The amendment allows the RCD provision to be more usable for the development community, and will allow for efficient clustering to better preserve critical areas. The RCD allows developers a density 'credit' for the parts of their land with critical areas such as wetlands or slopes. Developers can cluster houses on the developable parts of their land to achieve full base densities. The amendment to 20.59.060 will allow developers to use townhouse style development in cluster developments. Townhouses are more efficient because they attach three or more single family dwellings side-by-side. Without this amendment developers would only be able to attach two units. The following pages contain the staff proposed revisions!o 20.58.060. AMENDMENT 3 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent and Purpose: The intent of the Residential Cluster Development (RCD) is to accommodate urban densities ofthe underlying zoning district while allowing residential development to utilize less land area. The purpose of the RCD is to preserve open space, allow for innovative design and reduce impacts to sensitive environmental areas. (b) Applicability: The RCD may be applied to attached and detached single-family residential developments of three (3) or more dwellings on sites where critical areas or other physical site constraints preclude development at allowable base densities.~ (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (d) Procedures: A RCD may be processed either as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in BMC Chapter 20.02. (1) The Director may require a Non-administrative RCD whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative RCD to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (e) Scope of Approval: (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage, and' development coverage may be granted. development standards may be granted as set forth in 20.58.060(f). (2) Approval of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires in which case the previous zoning standards automatically return. (f) Development Standards: The following standards are applicable to a RCD: (1) Lot Requirements: (i) Density: The minimum and maximum density of the underlying zone shall apply. Within the Low Density Residential (R-lO) zone the density shall be determined pursuant to the provisions in BMC Sections 20.60.065, 20.60.66 and 20.60.68. For the purposes of the RCD, unbuildable environmentally sensitive areas as defined in BMC Section 21.02.280 shall be included in the area for calculating density. A right-of-way assumption shall be deducted from the total area of the environmentally sensitive area. The assumed right of way deduction is a percentage of the total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. (ii) Minimum Lot Size: The minimum lot area is: a. Three-thousand (3,000) square feet within the Low Density Residential (R-I 0) zone. Reductions to the lot size may be allowed if an environmental sensitive area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in BMC 20.58.060(1)(1)(i). b, Zero within other zones, AMENDMENT 3 (2) Height: The maximurh building height of the underlying zone may be increased provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards: Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and development coverage... as prescribed in BMC Section 20.58.060(e)(1)and an exception to the permitted uses may be granted to allow townhouses.~ . (4) Perimeter Setbacks: Structures shall comply with the setbacks of the underlying zone along the outer perimeter lot lines of the site. (5) Circulation: (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet wide. (ii) Provisions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shalf contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the Parking Requirements as set forth in BMC Chapter 20.48. The Director may modify these standards to best meet needs and objectives of the project provided parking will not spillover into nearby neighborhoods. (6) Screening: All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (7) Open Space: (i) Open Space Designation: The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmentally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development: Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be allowed within an open space tract if the open space contains an environmentally sensitive area and development complies with all other requirements. (iii) Open Space Plan: An open space plan is required to identify all improvements, environmentally sensitive areas, significant trees pursuant to Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. (iv) Guarantee: A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title referencing the legal AMENDMENT 3 instrument, is required. The legal instrument may include, but is not limited to the following guarantees: a. Retention of the open space per the open space plan prescribed in BMC Section 20.58.060(f)(4)(iii); b. Provide permanent maintenance of the open space and commonly owned facilities; c. Grants to or reservations for the use of property owners all open space and commonly owned facilities within the development; d. Conveyances to property owner associations or corporation; (g) Criteria for Approval: The decision making authority may grant a ReD only if it is found that: (1) The location, design, and uses are consistent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the City's development codes and other City plans and ordinances; (2) The residential development integrates with its surroundings and is designed to harmonize with existing or proposed development in the neighborhood; (3) The traffic generated by the development can be accommodated safely and within acceptable Levels of Service for affected streets; (4) All development will adequately be served by existing or planned facilities and services; and (5) The development makes adequate and appropriate provision for the preservation of the environment, both natural and man-made, and the conservation of energy. (h) Lapse of Approval: If not acted upon within two (2) years from the date of the decision, approval of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can show good cause for granting the extension. AMENDMENT 4 Amending Motion: Move to amend the main motion to by designating the East Park and Westpark properties as "Master Development Zone" on the Official Zoning Map and to revise Chapter 20.80 Master Development zone text as recommended by the Planning Commission on November 15, 2005. The Planning Commission has found that minor modifications could be made to the zoning map and Master Development (MD) Zone chapter that could help facilitate the sub-area planning process for East Park and Westpark. The Commission has recommended rezoning those parcels that have "Public Sector Redevelopment Site" (PSRS) designation on the Comprehensive Plan Land Use Map to "Master Development Zone." There are two properties designated PSRS, East Park and Westpark. These zoning changes should only be made if the accompanying text for Master Development Zone is also amended. The text amendments assure that although MD zoning would be placed on the map any development must cbnform to the standards of the R-10 zoning district unless a sub-area plan has been adopted. The five pages that follow contain maps illustrating the revised designation for both East Park and Westpark and the suggested changes to the Master Development Zone text. - o ::E - - I: CU E a. -0 cu_ .- CU :::>1: .E cu.2 l.i.o1\j o I.i. I: 't-CUm cu -.- CU ~ t/) I.i. .... CU <(::EO - o T'" . '(x e:::: "10,),. ....... 0";;0/& q,p ~ X AMENDMENT 4 (j) ~ ::2: ...... o l~;7~Jl$);.r :7dllvryr t; ~ ~ ~~~~._.~",."",,=~~..,.-~~.,-~--~~~~,.. - c :!E - ... c: (1) E Co Cijo EQ;c c: > 0 _ (1)._ L. C ... ~L.~ (1)0) CO u; .- ~coth <(:!E~ - u ~!::. 3: L. (1) 0 (1)32 L. L. LLL. o U @ I" Ul ":tu ~ I- .U1 UJ " f ~ ::t ",0 $' '~0"" ! "~ 0 S~9/<<r $ 3nN3^,oJ S3>l11M {J'\O Iii f! '" .::1 ~. g- O> 3nN'3AV ,if N3ii"" ~ . ~"..~_ - .. .~~ t AMENDMENT 4 CHAPTER 20.80 MASTER DEVELOPMENT (MD) 20.80.010 INTENT. The intent of the Master Development Zone is to provide large-scale planned development by public entities or through public-private partnerships, which provide a clear community benefit. These areas are envisioned for innovative development meeting unique community needs. Sites shall employ sub-area planning efforts that address compatibility with surrounding uses and consistency with the Comprehensive Plan. 20.80.020 APPLICABILITY. The provisions of this Chapter may shall be applied to lands located within Public Sector Redevelopment Site (PSRS) or Employment Center (EC) Comprehensive Plan designations. 20.80.030 ESTABLISHMENT OF A MASTER DEVELOPMENT ZONE A Master Development Zone shall be in effect when the following steps are completed: (a) Sub-area planning efforts are completed pursuant,to BMC Section 20.80.040; (b) An ordinance is adopted approving a sub-area plan identified in Section 20.80.080 and establishing associated development standards and regulations for the subject sub-area plan district. A text amendment to BMC Section 20.80.080 shoolEl shall be made to reference the applicable ordinance to the sub-area plan district; (c) A site-specific rezone to the Master Development classification is approved pursuant to BMC Section 20.58.040. 20.80.035 MASTER DEVELOPMENT ZONE BASE STANDARDS If a Master Development zone has been established on the official zoning map, all requirements ofBMC Chapter 20.60, Low Density Residential, shall be in effect until the following steps are comoleted: (a) Sub-area planning efforts are completed pursuant to BMC Section 20.80.040; (b) An ordinance is adopted approving a sub-area plan identified in Section 20.80.080 and establishing associated develooment standards and regulations for the subject sub-area plan district. A text amendment to BMC Section 20.80.080 shall be made to reference the applicable ordinance to the sub-area plan district; 20.80.040 SUB-AREA PLAN REQUIRED. (a) In the Master Development Zone an applicant may develop property according to unique development standards that depart from zoning standards after adoption f..pproval of a sub-area plan is required prior to approval of a Master Development Zoning District. A sub-area plan is an amendment to the Comprehensive Plan and is processed pursuant to BMC Chapter 20.1 O. (b) In developing a sub-area plan for the purpose of this Chapter the following shall apply: (1) The Director shall determine the number of neighborhood meetings based on the scope of the proposal and the community's interest. AMENDMENT 4 (2) The applicant shall be responsible for scheduling and facilitating the neighborhood meetings. City staff should participate in the meetings taking notes and helping to address the public's concerns. (3) Notification of the time and location ofthe meetings shall be posted on the property. The Director shall determine the specifications to the construction and installation of the notice boards. Additionally, if the Director determines it appropriate, mailed notice may be required to be sent to nearby property owners, affected state and local agencies and neighborhood organizations. 20.80.050 MASTER DEVELOPMENT ZONE PERMITTED USES. Specific uses shall be determined through the sub-area planning process and Potential tlSe5 may include, but are not limited to, commercial, office, and various residential types. If a Master Development zone has been established on the official zoning map, and a sub-area plan has not been adopted. then the permitted uses per BMC Chapter 20.60, Low Density Residential. shall apply. 20.80.060 GUIDELINES FOR DEVELOPMENT STANDARDS. Development standards such as setbacks, lot coverage, height and density shall be developed through the sub-area planning process and implemented through the adoption of the Master Development Zone sub-area plan. The following guidelines establish the parameters from which development standards are derived: (a) Consistency with the Comprehensive Plan's community character goals and policies; (b) Provide open space that protects environmentally sensitive areas; (c) Development at the edge of the site that is designed with densities and uses which are compatible with nearby neighborhoods and uses; (d) Well designed streetscapes that incorporate context-sensitive design, including amenities such as street trees, planting strips, sidewalks, sidewalk benches, street lamps and other design features that make the streets more interactive, walkable, and enjoyable; (e) Parking requirements shall be pursuant to BMC Chapter 20.48. However, modifications to the off-street parking requirements may be allowed through the approval of a Master Development Zone sub-area plan. If there is a proposed reduction often percent (10%) or more to the number of off-street parking spaces required by BMC Chapter 20.48, a parking study is required to demonstrate that there is no impact on adjacent properties to the site; (t) Landscaping requirements shall be pursuant to BMC Chapter 20.50. However, modifications to the landscaping requirements may be allowed through the approval of a Master Development Zone sub-area plan. Landscaping shall incorporate street trees, planter strips and other passive and active green spaces. Significant trees shall be identified on the site plan and may be required to be preserved; (g) Signage is allowed pursuant to the following: (1) Signs for residential uses shall be pursuant to BMC Chapter 20.52 for residential zones; (2) Signs for all other uses shall meet the standards of Chapter 20.52 for commercial zones, except freestanding signs shall be limited to monument-style signs that do not exceed six (6) feet in height and forty-eight (48) square feet in area. AMENDMENT 4 20.80.070 SUB-AREA PLAN APPLICATION. In addition to other application requirements, applications for a sub-area plan and shall include the following information: (a) Vicinity Map: Showing the subject site in relation to all other properties within a three-hundred (300) foot radius; (b) Site Plan: Containing the following information: (1) General configuration oflots, building areas, number of stories and specific uses to be allowed; (2) Proposed configuration and design of parking areas, streets, sidewalks, and driveways; (3) Proposed walkways, bikeways, open space, recreational areas, and other areas and facilities of a public or recreational nature; (4) Proposed landscaping, buffers, parks, recreation areas, open space and similar features; (c) Narrative: A written explanation of the proposal with at a minimum the following information shall be provided (when appropriate, this information may be shown on the site plan): (1) Major project components including specific area uses to be allowed, residential densities, commercial or site and floor areas, public and private rights-of-way, and off-street parking; (2) Design and development standards to be applied to the project, including architectural treatment, maximum heights, setbacks, landscaping, drainage, utilities, parking, signage, and any others; (3) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; ( 4) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; (5) Required mitigation measures, development conditions, and other requirements of project approval. (d) Other Information: The City may request additional information found to be necessary for evaluating the proposal to be included with the application. 20.80.080 SUB-AREA PLANS. The following sub area plans and associated ordinances establish unique development regulations and standards '.vithin each respecti'.'o Master Development Zone The following are identified areas where sub-area plans may be created and unique development regulations created for each: (a) Westpark Sub-Area Specific i\.rea Plan; (b) East Park Sub-Area Specific Area Plan; (c) Austin Drive Sub-Area Specific i\rea Plan; (d) Harrison Employment Center; (e) Northwest Corporate Campus Employment Center; (f) Port Blakely Employment Center. A specific sub-area plan has been adopted and is in effect when the project name listed above is followed by an ordinance number - this ordinance will contain the unique regulations and standards that guide development for that project area. AMENDMENT 5 Amending Motion: Move to revise "Satellite Parking" section 20.48.220(b) to include the term "Public Use." Staff has found that satellite parking facilities for public uses, such as police stations, should be included in the exceptions list. The page that follows indicates where the term "public use" would be inserted in this section. AMENDMENT 5 20.48.220 SATELLITE PARKING. Off-street parking requirements may be partially or completely satisfied with the approval of a Satellite Parking Facility. A Satellite Parking Facility is approved by Site Plan Review as prescribed in BMC Section 20.58.080. A Satellite Parking Facility may be approved provided: (a) The parking facility is located within four-hundred (400) feet of the property containing the associated use or building; (b) The parking facility is not located on property zoned for Low Density Residential. The Director may waive the zone restriction for a Religious Worship FacilitY.1--ef Public School or Public Use if: (1) The parking facility is located on a lot abutting the principal use; or (2) The parking facility is located within one-hundred (100) feet on a lot where a street (public or private) or alley would separate it from the principal use. (c) The owner of the property containing the Satellite Parking Facility executes a binding agreement approved by the City. The agreement shall include covenants running with the land to ensure that conditions are"<observed and remain in effect until there is a substantial change to the original conditions that made the satellite parking necessary. The agreement at a minimum shall contain: (1) A covenant stating that the title to and right to use the satellite lot will be subservient to the title to the premises upon which the primary structure or improvement is to be erected or made; and (2) A warrant that lots are not and will not be made subject to any other covenant or contract for such or other use without the prior written approval of the City. (d) The owner of the property or an authorized agent shall file the agreement with the County Auditor following City approval. A copy of the recorded agreement shall be submitted to the Department and kept on file. (e) The Satellite Parking Facility shall meet the'requirements of this Chapter. (f) A limit on the time of day that the Satellite Parking Facility is used may be placed as a condition of its approval if deemed necessary by the Director for the protection of adjoining areas. ORDINANCE NO. 4950 . AN ORDINANCE of the City Council of the City of Bremerton, Washington, recodifying Title 20 of the Bremerton Municipal Code as Land Use; repealing Ordinance Nos. 4932, 4937,4941, and 4946; recodifying certain chapters of Title 20 and 21 of the Bremerton Municipal Code; repealing the remaining chapters of Title 21 of the Bremerton Municipal Code and the ordinances adopting and amending said Title; adopting new chapters of Title 20 of the Bremerton Municipal Code; and adopting the Official Zoning Map, all relating to Land Use. WHEREAS, the proposed update to the Land Use chapters ofthe Bremerton Municipal Code meets the requirements of the Washington State Growth Management Act (GMA) and is intended to satisfy the requirement for consistency between development regulations and the Comprehensive Plan as required per RCW 36.70A.040(4)(c); and WHEREAS, the updated Zoning Code is consistent with Kitsap County County- Wide Planning Policies (KCCPP); and WHEREAS, the City's Comprehensive Plan was adopted on December 1,2004; and WHEREAS, the new Title 20 represents development regulations that are consistent with the 2004 City of Bremerton Comprehensive Plan, and implements a wide range of goals and policies from the Plan; and WHEREAS, the new Title 20 contains the Official Zoning Map and implements the Official Land Use map illustrated in the 2004 Comprehensive Plan; and WHEREAS, the Zoning Code update process incorporated continuous and open public involvement and adequate public notice, and underwent numerous public hearings and workshops at both the Planning Commission and City Council levels; and WHEREAS, public comment was received throughout the duration of the Zoning Code Update process and the Planning Commission addressed the full range of comments received; and WHEREAS, a SEP A DNS was issued on October 28, 2005 with an administrative appeal deadline of November 21, 2005, and no appeals were filed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Zoning Code and Zoning Map SECTION 1. Title 20 of the Bremerton Municipal Code entitled "Subdivisions" is hereby recodified as Title 20 "Land Use," consisting of three parts: Division I entitled "Permitting," consisting of Chapters 20.02 and 20.04; Division II entitled "Land Development," consisting of Chapters 20.10 through 20.18; and Division III entitled "Zoning," consisting of Chapters 20.40 through 20.98. SECTION 2. Section 20.04 of the Bremerton Municipal Code entitled "Short Subdivisions and Plats" is hereby recodified as Section 20.12 ofthe Bremerton Municipal Code. SECTION 3. Section 21.04 of the Bremerton Municipal Code entitled "Shoreline Development" is hereby recodified as Section 20.16 of the Bremerton Municipal Code. SECTION 4. Section 21.06 ofthe Bremerton Municipal Code entitled "Comprehensive Plan Amendments" is hereby recodified as Section 20.10 of the Bremerton Municipal Code. SECTION 5. Section 21.12 of the Bremerton Municipal Code entitled "State Environmental Policy Act" is hereby recodified as Section 20.04' of the Bremerton Municipal Code. SECTION 6. Section 21.22 of the Bremerton Municipal Code entitled "Critical Areas" is hereby recodified as Section 20.14 of the Bremerton Municipal Code. their entirety. SECTION 7. Ordinance Nos. 4932, 4937, 4941, and 4946 are hereby repealed in SECTION 8. The following Chapters of the Bremerton Municipal Code are hereby adopted as depicted in Exhibit A attached hereto and incorporated by this reference: Chapter 20.18 20.40 20.42 20.44 20.46 20.48 20.50 20.52 20.54 20.58 20.60 20.62 20.64 20.66 20.70 Title Text Amendments Administration Definitions General Development Standards Special Development Standards Off-Street Parking Requirements Landscaping Requirements Sign Standards Non-Conforming Uses Land Use Permits Low Density Residential (RIO) Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Neighborhood Center Core (NCC) District Center Core (DCC) 2 Zoning Code and Zoning Map Chapter 20.74 20.75 20.76 20.78 20.79 20.80 20.82 20.84 20.86 20.88 20.90 20.92 20.94 20.97 20.98 Title Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) City Core Residential (CCR) Multiple Residential (MR) Master Development (MD) Neighborhood Business (NB) Limited Commercial (LC) Freeway Corridor (FC) Marine Industrial (MI) Industrial Park (IP) Employment Center (EC) Industrial (1) Watershed (WS) Institutional (INST) SECTION 9. The remainder of Title 21 of the Bremerton Municipal Code not recodified herein and the following Ordinances or parts thereof enacting or amending Title 21 of the Bremerton Municipal Code are hereby repealed in their entirety: 4194;4222;4236;4285;4293;4325;4546;4557;4567;4591;4592;4664;4713; 4723; 4768; 4774; 4778, Section 6 through 19; 4788; 4795; 4796; 4798, Section 11 through 61; 4799; 4804; 4806; 4817; 4821; 4828; 4860; 4861; 4886; 4887; 4899; 4906, Section 1; 4942; 4943; and 4680, that part of Section 1 relating to Chapter 21.02, Zoning Code, Section 21.02.945, Violation of Zoning Code as reaffirmed by 4733. SECTION 10. The Zoning Map of the City of Bremerton dated November 30, 2005, incorporated herein by this reference, is hereby adopted as the City ofBremerton Official Zoning Map and all prior existing zoning maps are hereby repealed in their entirety. SECTION 11. Severability. If anyone or more sections, subsections, or sentences ofthis ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 12. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President 3 Zoning Code and Zoning Map Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney day of day of ,2005 ,2005 PUBLISHED the EFFECTIVE the ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Package 5\Title 20 Ord - FinaI.doc 4 Zoning Code and Zoning Map Chapter 20.18 TEXT AMENDMENTS 20.18.010 APPLICABILITY. From time to time a change in circumstance or conditions may warrant a change in the development regulations ofthis title, which are consistent with the Comprehensive Plan. Text amendments revise the text of BMC Title 20 and change specific standards, procedures, meaning or other provisions of the code. 20.18.020 GENERAL PROVISIONS. (a) Applicant: Any interested party may initiate a text amendment to any provision of Title 20. (b) Fee: An application fee, pursuant to the adopted fee schedules in BMC Chapter 3.01, shall accompany an application for a text amendment. Amendments initiated by the City shall be exempt from the application fee. (c) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. (d) Approval Criteria: A text amendment may be approved if it is found that: (1) It is consistent with the goals and policies ofthe Comprehensive Plan; and (2) It does not conflict with other City, state and federal codes, regulations and ordinances. (e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.l8.020( d)(1), approval ofthe Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the text amendment. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 20.18.030 TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments involving substantive changes such as those standards prescribed in BMC Title 20 Section III Zoning, BMC Chapter 20.14 (Critical Areas) or BMC Chapter 20.12 (Short Subdivisions). (Note: A change to these Chapters does not automatically constitute a substantive change.) (b) Procedures: Specific procedural requirements are prescribed in Chapter 36.70(A) RCW. The Planning Commission conducts public hearings and makes a recommendation to the City Council. The City Council following its own public hearing(s), may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. 20.18.040 PROCEDURAL TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments that involving changes to procedural requirements such as those prescribed in BMC Chapter 20.02 (Project Permit) or 1 EXHIBIT A BMC Chapter 20.04 (SEP A). (Note: A change to these Chapters does not automatically constitute a procedural change.) (b) Procedures: The Department shall make a recommendation to the City Council. The City Council, following its own public hearing may approve, approve with modifications, or deny the Department's recommendation. (c) State Environmental Policy Act: Procedural amendments are exempt from environmental review (SEP A) pursuant to WAC 197-11-800(20). 20.18.050 MINOR CORRECTIONS. (a) Exempt: An amendment that does not result in any substantive change to the content or meaning of a regulation such as a correction to the punctuation or numbering sequence shall be exempt from notice and hearing requirements of this Chapter. (b) Procedures: The Department makes a recommendation to the City Council who may approve, modify and approve, or deny the amendment. Amendments to make minor corrections are processed in accordance with the ordinance requirements set forth in the City Charter, Article III (Legislation). 20.18.060 AMENDMENTS TO THE SHORELINE MASTER PROGRAM. (a) Applicability: This Section applies to amendme.nts to BMC Chapter 20.16 (Shoreline Master Program). (b) Procedures: Review procedures are prescribed in Chapter 173-26 WAC and the Shoreline Master Program. A minimum of one public hearing shall be held prior to the City Council's decision on the amendment. The City Council may approve, approve with modifications, or deny an amendment. ( c) Approval of Ecology: A City Council decision approving an amendment shall be transmitted to the Washington Department of Ecology who approves, recommends specific changes necessary to make the proposal consistent with Chapter 90.58 RCW policy and its applicable guidelines, or denies the amendment. CHAPTER 20.40 ADMINISTRATION 20.40.010 TITLE This title shall be known as the "City of Bremerton Zoning Code." This Code shall consist of this text and the map entitled "City of Bremerton Official Zoning Map." 20.40.020 AUTHORITY This title is adopted pursuant to Revised Code of Washington (RCW) Chapter 35.63 and 36.70A. 20.40.030 INTENT AND PURPOSE The intent of this title is to regulate the physical development of all lands within the City of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly development within the City. The purpose is: (a) To implement the City's Comprehensive Plan; 2 (b) To protect the community's social and economic stability, as well as the positive qualities and unique characteristics of all areas throughout the community; (c) To address both natural and man-made environmental considerations as part of the land use and development permitting processes; and (d) To ensure the orderly and beneficial development and use of all lands by: (1) Reserving an adequate supply of developable land area for each major category of land use and in the most appropriate locations, (2) Preventing the encroachment of incompatible uses; and (3) Providing clear concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the public's health, safety and welfare as a whole and not to create a duty of protecting any person or class of persons. 20.40.040 ADMINISTRATIVE AUTHORITY The Director shall have the authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the provisions of this title, except when provided for otherwise. 20.40.050 DEFINING SHALL AND MAY The word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision 20.40.060 MINIMUM REQUIREMENTS The provisions set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. 20.40.070 CONFLICTS The provisions of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail. 20.40.080 INTERPRETATIONS The Director shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within these regulations. Director's interpretations are processed as a Type I Director's decision as prescribed in BMC Chapter 20.02. Any person may submit a written request for a code interpretation to the director, or the Director may issue a code interpretation on the Director's own initiative. A request for a code interpretation shall include the following (a) (b) (c) (d) The provision of this title for which an interpretation is requested; Why an interpretation of the provision is necessary; Any reason or material in support of a proposed interpretation; and Any fees adopted pursuant to BMC Chapter 3.01 by the City Council. 20.40.090 ZONING DESIGNATIONS Zoning is the primary implementing tool of the Comprehensive Plan. The Plan's land use designations provide the basis for the "Official Zoning Map", which breaks each ofthose 3 designations into more specific "zones." Each zone includes the land use standards and development requirements for development in each zone. Figure 20AO(a) lists the zones and the general category of each zone, which are included herein. 20.40.100 ZONING MAP INTERPRETATIONS The Director shall use the following criteria to interpret the Official Zoning Map: (a) Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary. (b) Where a zone boundary is indicated as following a street or other right-of-way, the centerline ofthe street or right-of-way is the zone boundary. (c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City. (d) Where a zone boundary is not indicated to follow a property line, street, or other right-of-way, the boundary line is as drawn, based on the scale shown on the Zoning Map. 20.40.110 COMPLIANCE WITH OTHER LAWS Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. 20.40.120 CITY LIABILITY Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. 20.40.130 PROPERTY OWNERS/ APPLICANT RESPONSIBILITY (a) It is the intent of this title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope. (b) The applicant is responsible to provide accurate and complete information and plans to comply with the requirements of this title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided to the City for review or approval. 20.40.140 SCOPE OF UNLAWFUL ACTIVITY It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use ofland, or any portion, in violation of the provisions of this chapter. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated. 20.40.150 SIMILAR USE DETERMINATION Whenever a proposal is not listed as a permitted, conditional or accessory use in the zone, it may be permitted in that zone if the Director determines it is a use similar to a listed use for that zone 4 (a) The applicant shall make in writing requests for a similar use determination. The determination shall be processed as a Type I Director's Decision as set forth in the procedures for a Type I decision in BMC Chapter 20.02. (b) The Director shall issue a decision in writing and shall consider the scale, visual impacts, traffic generation, relationship to surroundings, and other factors, which influence and/ or define the nature of the proposal. (c) If the proposal is found to be similar to a listed use, the proposal shall be subject to all standards, requirements and permitting processes to which the listed use is subject. 20.40.160 PROHIBITED USES Any use not listed as a permitted, conditional or accessory use by the zone; or any use not determined to be a similar use pursuant to BMC Section 20040.150; or any use not found to be an allowable accessory use to the principle use; shall be prohibited within that zone unless allowed otherwise by law. 20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY Regulations used to implement the Comprehensive Plan must be consistent with the Plan. Figure 20AO(b) identifies the relationships between a Comprehensive Plan designation and establishes the zoning districts that may be approved within ea~h Comprehensive Plan designation. 20.40.180 ENFORCEMENT (a) It is the duty of the Director to enforce the provisions ofthis title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals, (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through BMC Chapter 1.04 BMC; (5) Filing a court action in a court of competent jurisdiction. (b) Land Use/Permit Revocation: a permit or land use approval may be revoked if: (1) The work is not authorized by a valid permit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordinance, statute, or regulation; or (5) The work is, in the Director's judgment, a hazard to property or public safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely affecting the public health, safety, or welfare. (c) Revocation of a permit or land use approval shall be made by: (1) The Director for Type I and Type II permits subj ect to the right of appeal as set forth in BMC Section 20.02.140 this title. 5 (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in BMC Section 20.02.140 and RCW 36.70C in this title. (3) The Council for a Type IV permit as set forth in BMC Section 20.02.140 and RCW 36.70C provided by law. 20.40.190 PROHIBITION OF FURTHER PERMITS OR APPROVALS The City shall not accept, process, or approve any application for a subdivision or any other land use permit or approval, or issue a certificate of occupancy for property on which a violation ofthis Title chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. 20.40.200 VIOLATION -PENALTY (a) Any violation of any provision ofthis title constitutes a civil violation under BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC Section 1.12.020(2). Figure 20.40(a) ZONING DESIGNATIONS The following Figure lists the zones in the BMC Title 20 Zoning Code by major category of Residential, Commercial, Industrial, Centers and S ecial Districts. Special Districts Low Density Residential (R-10) Multiple Residential (MR) City Core Residential (CCR) Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Neighborhood Business (NB) Limited Commercial (LC) Freeway Corridor (FC) Marine Industrial (MI) Industrial Park (IP) Industrial (1) Neighborhood Center Core (NCC) District Center Core (DCC) Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) Employment Center (EC) Master Development (MD) City Utility Lands (CUL) Watershed (WS) Institutional (INST) 20.60 20.77 20.78 20.62 20.64 20.82 20.84 20.86 20.88 20.90 20.94 20.66 20.70 20.74 20.75 20.76 20.92 20.80 20.96 20.97 20.98 Residential Commercial Industrial Downtown Center and Centers 6 Figure 20AO(b) COMPREHENSIVE PLAN/ ZONING CONSISTENCY Low Density Residential (LDR) Open Space (OS) Core Centers Su porting Residential (CCSR) Neighborhood Centers (NC) District Centers (DC) Employment Center (EC) Downtown Regional Center (DRC) Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Freeway Corridor (FC) Nei hborhood Business (NB) Limited Commercial (LC) Industrial (1) Industrial Park (IP) Marine Industrial (MI) Higher Education (HE) Public Sector Redevelopment Site (PSRS) Transportation, Utilities and Public Facilities (TUPF) City Utility Lands (CUL) Watershed Lands (WS) Reserve Center (RC) (Overlay) Homeport - PSNS Industrial Support - PSNS Low Density Residential (R-IO) City Core Residential (CCR) Low Density Residential (R-IO) Neighborhood Center Core (NCC) Low Density Residential (R-IO) District Center Core (DCC) Employment Center (EC) Master Development (MD) Institutional (INST) Low Density Residential (R-lO) Commercial Corridor (CC) Business Core (BC) . Downtown Core (DC) Downtown Waterfront (DW) Multiple Residential (MR) Neighborhood Business (NB) Limited Commercial (LC) Low Density Residential (R-IO) Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Freeway Corridor (FC) Neighborhood Business (NB) Limited Commercial (LC) Industrial (1) Industrial Park (IP) Marine fudustrial (MI) Institutional (INST) Low Density Residential (R-IO) Master Development (MD) Institutional (INST) Industrial Park (IP) City Utility Lands (CUL) City Utility Lands (CUL) Watershed Lands (WS) Per the implementing zones of the underlying Comprehensive Plan Designation PSNS 7 Chapter 20.42 DEFINITIONS 20.42.010 INTRODUCTION TO DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the comprehensive plan, shoreline master program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this Chapter and shall be applied to the provisions of this title. 20.42.020 LIST OF DEFINED TERMS Abandoned Sign Abandonment or Abandoned Accessory Dwelling Unit (ADU) Accessory Use, Activity or Structure Acre, Net Acre, Gross Adjoining or Adjacent Administrative Hearing Examiner Adult Entertainment Business Adult Family Home Alley Alteration Alteration, Structural Antenna, Tower Antenna, Wireless Applicant Appurtenance or Appendage Area of Sign Art Gallery Art Studio Assisted Living Facility Automobile Sales Automobile Service & Repair Awning / Canopy Bay Window Bed & Breakfast Boarding, Rooming House Buffering Building Code Building Coverage Building Envelope Building Line Bulletin Board / Kiosk Car Wash Caretaker Caretaker Residence Cell on Wheels (COW) Change of Use Changeable Copy / Readerboard Sign City Co-Location Community Facility Concealed Construction Sign Day Care Facility Deck Density DensitY, Maximum Density, Minimum Detoxification Center Development Coverage Directional Sign Director Drinking Place Drive-Through Facility Drive-Through Lanes Duplex Dwelling Unit Dwelling, Conventional Dwelling, Modular or Factory Built Dwelling, Multi-Unit Structure Dwelling, Single-Unit Attached Dwelling, Single-Unit Structure Education and School Education, Higher & College Entertainment Use Equipment Structure FAA 8 FCC Fence Finance, Insurance & Real Estate Foster Home Franchise Business Freestanding Sign Frontage Gas Station Grade Grade, Average Final Grade, Existing Gross Floor Area Group Residential Group Residential - Class I (Assisted Living) Group Residential - Class II Group Residential Home Heavy Industrial / Manufacturing Height Home Occupation Homeowners Association Hospital Hotel and Lodging Place Household Identification Sign Illegal Sign Impervious Surface Incidental Sign Junk Yard Kennel Light Industrial / Manufacturing Loading Area Lot Lot Area Lot Line, Front Lot Line, Rear Lot Line, Side Lot, Depth Lot, Flag Lot, Waterfront Lot, Width Maintain Manufactured Home Marina Marquee Medical Laboratory Medical Office and Clinic Mobile Home Monument Sign Motion Picture Theatre Multiple-Building Complex Multiple-Occupancy Building Museum and Gallery Nonconforming Sign Nursery and Greenhouse Nursing / Convalescent Home Office and Business Services, General Off-Premises Sign Open Space Outdoor Athletic Fields Parcel Park, Playground and Open Space Parking, Satellite Parking, Structure Paved Surface Personal Service Physical Fitness and Health Club Pier Pole Sign Porch Portable Sign Premises Private Club or Lodge Product Sign Projecting Sign Provider Public Administration Public Distribution / Transmission Facility Public Utility Facility Public Information / Identification Sign Public Services Recreational Vehicle Recreational Vehicle Park Recycling Center Recycling Collection Station Recycling Collection Station (Limited) Rehabilitation Residential Use Residential, As Secondary Use Restaurant Restaurant, Fast Food Retail, General Retail, Large Rezone Sandwich Board Sign Satellite Dish Senior Citizen Senior Housing Complex Setback, Maximum Setback, Minimum Shopping Center Sidewalk Vendor Sign Sign Structure Social Services Stadium and Sports Complex Storage Yard, Outdoor Storage Story Street Street, Private Structure Structure, Accessory Structure, Principal Structure, Temporary Support Structures Temporary Sign Tower Townhouse Transient Person Transportation Facility Use Use, Accessory Use, Conditional Use, Principal Use, Temporary Variance Vehicle or Trailer Mounted Sign Vesting Veterinary Clinics and Animal Hospitals Wall Sign Warehousing Whip Antenna Wireless Telecommunications Facility 9 Worship and Religious Facility Yard Yard, Construction or Storage Zero Lot Line 20.42.040 DEFINITIONS The following definitions shall be applied within this title. ABANDONED SIGN Any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six (6) month or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore. ABANDONMENT or ABANDONED means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be considered abandoned for an additional period not to exceed 90 (ninety) days. ACCESSORY DWELLING UNIT (ADU) means a second dwelling unit added to or created within an existing single-unit residential structure (principal structure) or within a detached accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the design standards contained in this code for ADDs. ACCESSORY USE, ACTIVITY or STRUCTURE means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. ACRE, NET means a measurement ofland after subtracting public and private streets, rights-of- way, and other unusable or non-developable areas ofland from a gross acre ofland (43,560 square feet). (See also Acre, Gross.) ACRE, GROSS means a measurement of land equal to 43,560 square feet with no deductions or subtractions for elements such as public or private streets or non-developable areas. (See also Acre, Net.) ADJOINING or ADJACENT means property that touches or is directly across a public or private right-of-way. This does not include property across from limited access highways or arterials with four lanes of traffic or more. ADMINISTRATIVE HEARING EXAMINER means a person appointed with the powers set forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall likewise include the examiner pro tem. As used in this Chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to BMC Chapter 2.62 of the Bremerton Municipal Code. ADULT ENTERTAINMENT BUSINESS, see BMC 20.46.110. 10 ADULT FAMILY HOME means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 U.S.C. 3604(f)(3)(b). ALLEY means any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes. ALTERATION Any change in the size, shape, method ofillurnination, position, location, construction or the supporting structure of a sign. AL TERA TION, STRUCTURAL means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, t4at would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a dOOlway or window, or attaching architectural features, appurtenances, or adornments. ANTENNA TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) Type I Tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) Type II Tower" means a tower greater than sixty (60) feet in height. ANTENNA, WIRELESS means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. (1) Omni-directional antenna transmits and receives radio frequency signals in a 3600; radial pattern. For the purpose of the provisions set forth in BMC Section 20.46.140, an omni- directional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omni-directional antenna. (2) Directional antenna transmits and receives radio frequency signals in a specific directional pattern ofless than 3600. (3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish. APPLICANT means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. 11 APPURTENANCE or APPENDAGE means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other similar features. AREA OF A SIGN The total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC Section 20.52.060 Sign Measurements) ART GALLERY means a room or series of room where art such as paintings, sculptures or other works are exhibited. ART STUDIO means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. ASSISTED LIVING FACILITY means a residential facility for elderly persons (age fifty-five or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks. AUTOMOBILE SALES means an establishment primarily engaged in the sale or rental of personal or commercial vehicles such as cars, trucks, vans or motorcycles. AUTOMOBILE SERVICE & REPAIR means an establishment primarily engaged in repairing, maintaining, or servicing automobiles. AWNING / CANOPY A temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. BAY WINDOW means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth ofthirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty-four (24) inches above grade directly below the center of the window. BED & BREAKFAST means an owner managed and occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. 12 BOARDING, ROOMING HOUSE means a single-unit residential structure in which rooms without kitchens are provided for non-transient persons and may include meals. This does not include licensed care providing facilities. BUFFERING means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include anyone or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. BUILDING CODE means the International Building Code and related codes as amended and adopted by the City of Bremerton. BUILDING COVERAGE means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. BUILDING ENVELOPE, ALLOWABLE_means the three-dimensional space within which a structure is permitted to occupy. Height, Floor Area Ratio, setbacks, lot coverage and similar restrictions establish the building envelope. BUILDING LINE means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and does not necessarily correspond with the location of any existing structures or other improvements. BULLETIN BOARD / KIOSK A permanent sign structure intended to accommodate changeable copy such as private or public notices, special event information, and other short- term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. CAR WASH means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services. CARETAKER means a person who maintains or watches over someone else's land or property on a part- or full-time schedule. The caretaker may live on the property or elsewhere. CARETAKER RESIDENCE means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. CELL ON WHEELS (COW) means a mobile telecommunications facility transported by a motor vehicle for temporary on-site use. CHANGE OF USE means a change in the utilization or occupancy of a property or building from one use to another. 13 CHANGEABLE COpy /READERBOARD SIGN. A sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see Public Information / Identification Sign.) CITY means "City" shall mean the City of Bremerton, Washington. CO-LOCATION means the placing ofa wireless telecommunications antenna on an existing support structure. COMMUNITY FACILITY means a facility operated by a public agency, non-profit organization, for social gatherings; meetings; learning; recreation; programs to promote economic independence; or similar functions. CONCEALED means a wireless telecommunication antenna or facility that is not evident; it is disguised, hidden by or integrated with a structure that is not a telecommunication tower; or, a personal wireless service facility that is placed within an existing or proposed structure. CONSTRUCTION SIGN A sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. DAY CARE FACILITY means a facility licensed by the State of Washington and approved by the City to provide regular care for adults or children for periods ofless than twenty four (24) hours. DECK Means an open platform wider than eighteen (18) inches. A deck may be free-standing, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. DENSITY means a measure of residential concentration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allowable densities within this code, density shall be measured on a 'net' basis, whereby unusable areas such as rights of way and lands in public or shared ownership shall be deducted from the overall area in the calculation. For example, a one-hundred and twenty (120) acre area containing 20 acres of rights-of-way and public lands, and three-hundred (300) dwellings has a (net) density of three (3) dwellings per acre. (300 dwellings /100 usable acres.) (See also Acre, Net and Acre, Gross.) DENSITY, MAXIMUM means the maximum number of dwellings allowed per the net buildable acre as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply. 14 DENSITY, MINIMUM means the minimum number ofrequired dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum density shall apply. DETOXIFICATION CENTER means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. DEVELOPMENT COVERAGE means that portion of a lot covered by the impervious surface areas of all structures, and impervious paved areas, such as driveways and walkways. DIRECTIONAL SIGN. A permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route. DIRECTOR means Bremerton's Director of Community Development and his/ her designee. DRINKING PLACE means an establishment selling intoxicating beverages for consumption on the premises. DRIVE-THROUGH FACILITY means an automobile-oriented facility designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. Drive-through facilities conduct a majority of their business transactions with customers served in their motor vehicles. This does not include gas stations, service stations, and auto repair garages. DRIVE-THROUGH LANES means a secondary or ancillary drive up service at a business that is primarily oriented to walk in or sit down customers. The business must conduct a majority of transactions with walk-in or sit down customers.(See also 20.44.120, General Development Standards.) DUPLEX means a structure containing two dwelling units on a single lot. DWELLING UNIT means a living space or combination of rooms designed to provide independent year-round living facilities for one family or household, constructed to the minimum standards of the IBC or BUD Code, and with provisions for sleeping, eating and sanitation. DWELLING, CONVENTIONAL means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the International Building Code (IBC). DWELLING, MODULAR or FACTORY BUILT means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement 15 1-- by the City. Such structures are constructed to the standards of either the International Building Code (IBC), or the HUD Code. (See also Manufactured Home) DWELLING, MULTI-UNIT STRUCTURE means a structure containing three (3) or more dwelling units. (Also referred to as "multi-family" structure.) DWELLING, SINGLE-UNIT ATTACHED means two (2) single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two attached units. (See also Zero Lot Line) DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one (1) dwelling unit. (Also referred to as a "single-family" dwelling, or a "house".) EDUCATION and SCHOOL means an institution primarily engaged in teaching and learning, operated by a public school district, non-profit organization, or a private organization. Business and trade schools and Montessori schools are included, as are satellite buildings of higher education colleges. EDUCATION, HIGHER and COLLEGE means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educational buildings within a campus setting. ENTERTAINMENT USE means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theatres and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls / night clubs and similar uses. EQUIPMENT STRUCTURE means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. FAA means the Federal Aviation Administration. FCC means Federal Communications Commission. FENCE means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. FINANCE INSURANCE and REAL ESTATE means an establishment primarily involved in finance such as depository and non-depository institutions, holding companies, investment companies, and brokers; insurance such as carriers of all types, agents and brokers; and real estate such as, leasers, buyers, sellers, agents and developers. 16 FOSTER HOME means a dwelling unit in which a full-timeresident provides temporary care and supervision on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care. FRANCHISE BUSINESS A business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. FREESTANDING SIGN. A sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not a affixed to a building. FRONTAGE. The actual length ofthe front property line abutting a street or alley (ifno street frontage), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. GAS STATION means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil. Gas stations include self-service and full-service operations. GRADE means the lowest point of elevation of the finished sm:(ace of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, grade shall mean the elevation of the ordinary high water mark. For the purposes of signs, grade is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign's structure. GRADE, A VERAGEFINAL means the average ofthe final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. GRADE, EXISTING means the grade or topography existing prior to any excavation, clearing, grading or filling. GROSS FLOOR AREA means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls; including glazed or screened porches. GROUP RESIDENTIAL means shared living quarters without separate kitchen facilities for each room or unit. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(16). GROUP RESIDENTIAL FACILITY - CLASS I (ASSISTED LIVING) means a group care residence for seven (7) or more children and/ or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical 17 handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. GROUP RESIDENTIAL FACILITY --- CLASS II means a group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including pre- release, work-release, and probationary programs that are under the supervision of a court, State, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. GROUP RESIDENTIAL HOME means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 U.S.c. 3604(f)(3)(b ). HEAVY INDUSTRIAL / MANUFACTURING means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy Industrial/Manufacturing uses include extraction or refinement of raw materials, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazardous or volatile materials or chemicals. Production processes that produce continuous high levels of noise, produce obnoxious odors detectable off-site, or produce off-site light or glare impacts constitute Heavy Industrial/Manufacturing. (See also Light Industrial/Manufacturing.) HEIGHT in the context of Wireless Telecommunications Facilities means the following: (1) Related to Tower I;md Tower II support structures: the dimensions ofthe tower as measured from the base of the tower at the foundation center to the top of the tower excluding antennas (2) Related to existing or proposed buildings: height is determined as per BMC Section 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this section, to be the highest point of the roof. HOME OCCUPATION means any non-residential use carried out for monetary gain, which is secondary to the use of the property for residential purposes, and which is operated in accordance with the Home Occupation standards of this code. 18 HOMEOWNERS ASSOCIATION means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. HOSPITAL means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. HOTEL and LODGING PLACE means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. HOUSEHOLD means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households. IDENTIFICATION SIGN. A Sign intended solely to inform the public of the use of a property, building, office, or premises, and which may typicallyinclude the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. ILLEGAL SIGN. Any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. IMPERVIOUS SURFACE means any material which reduces or prevents absorption of stormwater into previously undeveloped land. (See also Paved Surface.) INCIDENTAL SIGNS. Signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. JUNK YARD means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards; house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations KENNEL means an establishment where five or more domestic animals older than six months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. LIGHT INDUSTRIAL / MANUFACTURING means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another 19 location. Light Industrial/Manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts 61' pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise produce obnoxious odors detectable off-site, or produce off-site light or glare impacts. Storage of equipment or products that does not create environmental impacts, and mini- storage is included.(See also Heavy Industrial/Manufacturing) LOADING AREA means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. LOT means any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty feet of frontage on a street. LOT AREA means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located, except when an unbuildable environmentally sensitive area as defined per BMC Section 21.02.280 comprises twenty-five per~,ent (25%) or less ofthe lot it may be included in the lot area. LOT LINE, FRONT means any property line that abuts a public street, private street, alley (if the alley provides primary access) or Ordinary high water mark, and is considered a frontage. (See also Figure 20.44 (a)) LOT LINE, REAR means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Comer lots do not have rear lot line. (See also Figure 20.44(a)) LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a)). LOT, DEPTH means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lot lines will be determined in the most reasonable manner, based on the lot's longest average dimension. LOT, FLAG means a lot with access to its street by way of a narrow strip of land having a minimum width oftwenty (20) feet. A flag lot consists of two parts. 1. The "flag" or main body of the lot; and 2. The "panhandle" or narrow access way connecting the body ofthe lot to the street. LOT , WATERFRONT means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. 20 LOT, WIDTH means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot. MAINTAIN means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. MANUFACTURED HOME means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.) The unit shall bear an insignia issued by a State or Federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See Mobile Home.) MARINA means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. MARQUEE. A permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. MEDICAL LABORATORY means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental, or other health service professions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. MEDICAL OFFICE and CLINIC means an establishment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. Veterinary offices and clinics that do not have facilities for overnight care are included. MOBILE HOME means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.c. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile Homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See Manufactured Home.) MONUMENT SIGN. A freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty percent (40%) of the width of the sign face. MOTION PICTURE THEATRE means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. 21 MULTIPLE-BUILDING COMPLEX. A group of structure housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. MUL TIPLE-OCCUP ANCY BUILDING. A single building housing more than one (1) retail business, office, commercial venture or other allowed land use. MUSEUM and GALLERY means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects. NONCONFORMING SIGN. A sign that was legally established, but no longer conforms to the current sign standards of this section. NURSERY and GREENHOUSE means facilities used for the propagation and sale of agricultural or ornamental plants and related products: 1. Retail Nursery/Greenhouse: Offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail nurseries or other businesses. 3. Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. NURSING / CONVALESCENT HOME means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty- four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed ,by a duly licensed practitioner of the healing arts. It may also include community-based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers. OFFICE and BUSINESS SERVICE, GENERAL means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting Or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. OFF-PREMISES SIGN. Any sign including billboard signs that contains a message or directs attention to a business, profession, product, event, activity, or services that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message 22 or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. OPEN SPACE For zoning and development purposes, specific areas may be required for outdoor recreation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces that are not related to the open space. OUTDOOR ATHLETIC FIELDS means outdoors facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other non-motorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. PARCEL means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot") PARK, PLAYGROUND and OPEN SPACE means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas. PARKING, SATELLITE means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. PARKING, STRUCTURE means a parking lot in which parking stalls are located either below grade, or in a multi-level building structure. PAVED SURFACE means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low impact development technologies such as 'grass-crete' or pervious pavement, which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar non- bound materials. PERSONAL SERVICE means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as; shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services:. PHYSICAL FITNESS and HEALTH CLUB means an establishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. 23 PIER means a fixed structure, or a permanently moored floating structure, built over tidelands or shorelands, and used for a marine landing or moorage for watercraft. POLE SIGN. A freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty percent (40%) ofthe width ofthe sign face~ PORCH means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an appurtenance. PORTABLE SIGN. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. PREMISES. Contiguous land in the same ownership or control not divided by a street or public right-of-way. PRIVATE CLUB OR LODGE means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. PRODUC T SIGN. Any sign with a face consisting of more than fifty percent (50%) ofthe area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on-premises business establishment, community facility, or temporary event. PROJECTING SIGN. A sign, other than a wall sign, which is attached to and projects from a structure or building fayade and the face(s) of which is not parallel to the building's fayade. This sign may be supported by a structure in addition to its building or wall support. PROVIDER means every corporation, company association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to provide personal wireless services over personal wireless communication facilities. PUBLIC ADMINISTRATION means services and facilities operated by public agencies and serving a community need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire station, and other public buildings. PUBLIC DISTRIBUTION / TRANSMISSION FACILITY means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also Public Utility Facility.) 24 PUBLIC UTILITY FACILITY means facilities provided for the benefit of the general public related to infrastructure and utilities. These include structures and equipment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also Public Distribution Facility) PUBLIC INFORMATION / IDENTIFICATION SIGN. A sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. PUBLIC SERVICES means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc. RECREATIONAL VEHICLE means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include, but not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes. RECREATIONAL VEHICLE PARK means a facility designed to provide two or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (30) days. Accessory uses to an "RV Park" often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services. RECYCLING CENTER means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A 'Junk yard" is not a recycling center. RECYCLING COLLECTION STATION means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging. RECYCLING COLLECTION STATION (LIMITED) means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). REHABILITATION means the upgrading ofa building from a dilapidated or substandard condition. RESIDENTIAL, AS SECONDARY USE means when permitted in a non-residential zone, a residential land use is not always accessory to other uses, but is considered secondary and 25 subordinate to the principal uses ofthat zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards in center and corridor zones.) RESIDENTIAL USE means structures meeting the definition of Group R, Division 3 occupancies under the edition of the International Building Code currently adopted for use by the city. RESTAURANT means a commercial use which sells a variety of prepared food and beverages and provides accommodations for consuming those products on or off the premises. RESTAURANT, FAST FOOD means an establishment whose principal business is the sale of a limited variety of pre-prepared or rapidly prepared food and beverages directly to the consumer for consumption either on or off premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk-up counter or drive-through take-out window. RETAIL, GENERAL means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed 75,000 gross square feet of ground floor building area and do not include gas stations, or automobile sales. RETAIL, LARGE means an establishment with a building area of 75,000 gross square feet or greater in the ground floor, primarily engaged in the sale or rental of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily rendering services incidental to the sale of such goods. Large retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet centers, department stores and similar. SANDWICH BOARD SIGN. A portable sign constructed oftwo (2) equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich board signs typically form the shape of a letter "A" when opened and resting on the ground. SATELLITE DISH see ornni-directional antenna. SENIOR CITIZEN means an individual of fifty-five (55) years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senor citizens, which consists of any mix of detached single family or duplex dwellings and/or retirement apartments, wherein, at least eighty percent (80%) ofthe occupied units are occupied by at least one (1) Senior Citizen. 26 SETBACK, MINIMUM means the required horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. All portions of a structure must be a located away from the property line a distance equal to or greater than the minimum setback. SETBACK, MAXIMUM means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure's finished front fac;ade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a structure up to fifteen (15) feet above grade, or the height the building, whichever is less. Where not specified, no maximum setback shall apply. SHOPPING CENTER means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings. SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use. SIGN means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See "Sign Provisions" of this code) SIGN STRUCTURE. Any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. SOCIAL SERVICES means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socio-economic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in providing welfare and charitable functions are included. STADIUM and SPORTS COMPLEX means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go-cart tracks. Associated field houses and facilities for serving food are often included. STORAGE YARD, OUTDOOR STORAGE means an outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. 27 STORY means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six (6) feet above the finished grade for more than fifty percent (50%) of the total perimeter, the area beneath that floor shall be considered a story. STREET means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. STREET, PRIVATE means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities. STRUCTURE means that which is built or constructed. STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel. STRUCTURE, PRINCIPAL means a structure containing one or more principal uses, as permitted by the zone in which the property is located. STRUCTURE, TEMPORARY means a structure which does not have, nor is it required by the International Building Code to have, a permanent attachment to the ground but is subject to building permits. SUPPORT STRUCTURE means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support structure include, but are not limited to, existing buildings, water towers, and utility poles and/or towers. TEMPORARY SIGN. A sign that is not permanently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event, but not including political or election signs. For the purposes of this code temporary signs are those displayed for between seven (7) and sixty (60) days. TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) "Type I Tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II Tower" means a tower greater than sixty (60) feet in height. TOWNHOUSE for purposes of this code, a townhouse is a single-unit structure in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one or more common fire resistant walls. Ownership of each unit includes ownership of an individual parcel ofland beneath the unit and usually includes a privately-owned outdoor area as well (private yard or 28 open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condominium ownership. TRANSIENT PERSON means a temporary lodger who stays no longer than thirty (30) days per visit. TRANSPORTATION FACILITY means facilities in support of mass transit or multi-modal forms of transportation, including transit stations, transit stops, taxi-cab stands, transportation services, bicycle facilities and similar. USE means the purpose or activity for which land or improvements are intended, occupied or maintained. USE ACCESSORY means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off- street parking. USE, CONDITIONAL means a use that is not permitted "outright", but may be approved through a Conditional Use Permit process. Conditional Use shall have the same meaning as "Special Use" as employed in Bremerton Municipal Code. USE, PRINCIPAL means the primary or main use conducted or allowed on a lot or parcel. USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal basis for a prescribed period oftime, which usually does not exceed a six (6) month duration during a twelve (12) month period. VEHICLE or TRAILER MOUNTED SIGN. A sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle or trailer mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle or trailer mounted signs do not include signs on vehicles or sale at a licensed sales lot, nor signs on public transit vehicles including busses and licensed taxi-cabs. VESTING a fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred VETERINARY CLINIC and ANIMAL HOSPITALS means a facility providing routine and emergent medical attention to domestic pets and other animals. WALL SIGN. A sign attached directly to or erected against the wall of a building with the face parallel to the fac;ade of the building and extending no more than twelve (12) inches from the wall. 29 WAREHOUSING means establishments involved in the storage and/or sale of bulk goods for resale or assembly, including wholesaling. This does not include establishments offering the sale of bulk goods to the general public, which may be classified as large retail. WHIP ANTENNA see omni-directiona1 antenna. WIRELESS TELECOMMUNICATION FACILITY means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. WORSHIP and RELIGIOUS FACILITY means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens or places for personal worship or meditation. It does not include pre-schools, parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. YARD means that portion of a lot that lies between a lot line (property line) and the building line. (See also Lot, Front; Lot, Side; and Lot, Rear.) FRONT YARD: The yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line. REAR YARD: A yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and comer lots have no rear lot lines, they will have no rear yard areas as defined. SIDE YARD: A yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, comer lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two front yards and two side yards, but no rear yard as defined. YARD, CONSTRUCTION OR STORAGE See "Storage Yard". ZERO LOT LINE means the location of a building on a lot in such a manner that one of its sides rests directly on a side lot line with no setback. CHAPTER 20.44 GENERAL DEVELOPMENT STANDARDS 20.44.010 FRONT YARD (a) The front yard is the area extending the full width of the front of a lot between the front lot line and the front building line. (See Figure 20.44A for an illustration of front yards.) Structure intrusions into front yard setbacks are prohibited except: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, chimneys and may project not more than two (2) feet into the front yard setback; 30 (2) Decks, platforms, porches, steps, walkways, and driveways that do not exceed thirty inches (30") in height above the finished grade; (3) Raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six feet (6') into the front yard setback; (4) Fences and freestanding walls that meet the requirements set forth in BMC Section 20.46.020 may be allowed. (b) Front yard setbacks shall be applied in the following manner for Through Lots: (1) Through Lot: A through lot has two (2) front lot lines parallel or approximately parallel to each other. The front yard setbacks shall apply to each front lot line, except the Director may designate one of the front lot lines a rear lot line provided the following criteria are met: (i) Orientation of the lot or structure shall be considered; (ii) At least sixty (60) percent of the lots/ or structures within the neighborhood block, or area being considered, are oriented in a similar direction away from the lot line being designated as a rear lot line; (2) Comer Lots: have abutting streets that intersect. The front yard setbacks shall apply to each front property line. (3) Exceptions: When a property contains three (3) or more front yards, the Director may grant exceptions to maximum front yard setback requirements provided: (i) The maximum front yard setback continues to be applied to at least two (2) front yards that intersect each other; (ii) Relief is necessary to facilitate good design; and (iii) A strict application ofthe setback requirement would result in larger structures that are not practical for the intended use of the site. 20.44.020 TRADITIONAL FRONT YARD In residential zones, the Director may grant modifications to the front yard setback provided: (a) Sixty percent (60%) or more of the houses or garages/ carports within a numbered block on the same side of the street as the subject property are setback less than the required zoning front yard setback, the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all properties fronting on that side of the street; (b) No new structure may be setback less than five (5) feet from the front of the structures on the adjoining lots; and (c) The minimum front yard setback shall in no case be less than five (5) feet. 20.44.030 SIDE YARD The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, comer lots and other irregular lots may have only front and side yards and no rear yards. Structure intrusions into a side yard setbacks are prohibited except: (a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback; (b) Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty inches (30") in height above the finished grade; and 31 (c) Fences and freestanding walls that meet the requirements set forth in BMC Section 20.46.020. 20.44.040 REAR YARD The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into rear yard setbacks are prohibited except: (a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys and may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line. (b) Decks, platforms and open uncovered porches provided they do not exceed thirty (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line. (c) Fences and freestanding walls that meet the requirements set forth in BMC Section 20.46.020; and steps, walks and driveways provided they do not exceed thirty (30) inches in height above the finished grade. 20.44.050 ALTERNATIVE SETBACKS The Director may approve alternative setbacks that generate a public benefit provided the following criteria are satisfied: (a) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks; (b) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right of way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; and (c) The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. 20.44.060 ACCESSORY STRUCTURE SETBACKS (a) Accessory structures shall observe the front yard setbacks requirements of the zone in which they are located except for intrusions per BMC sections 20.44.10, 20.44.30, and 20.44.40. (b) Accessory structures in residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley. (c) Accessory structures for the keeping oflivestock or fowl shall conform to the requirements of Bremerton Municipal Code, Chapter 7.08.700. 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE The height of a building or structure shall be measured as the distance from the average final grade to the highest point of the structure. Exceptions: Penthouse for elevators, firewalls, chimneys, and flagpoles, may exceed maximum height limits. None ofthese exceptions to the height regulations shall be used for advertising of any kind. 32 20.44.080 CALCULATING LOT AREA Lot area shall include all areas within the exterior lot lines less any water areas, wetlands and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. (See Figure 20.44(b) for an illustration of lot measuring lot area.) 20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS The number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.66. 20.44.100 FLAG LOTS A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists of two parts: the "flag" or main body of the lot and the "panhandle" or the narrow access way connecting the lot to the street. (a) When creating new lots the following standards shall apply: (1) The minimum lot size shall be one-hundred and fifty percent (150%) of the minimum lot size of the underlying zone; . (2) The "panhandle" shall have a minimum width of twenty (20) feet wide; (3) The minimum lot width and depth ofthe "flag" shall be the same as the underlying zone; (b) Flag lot dimensions shall be measured from the mid-point between two opposite lot lines of the "flag" body of the lot. (c) The yard setbacks shall be the same as underlying zone setbacks, except the front yard setback area shall be applied per Figure 20.44(a). (d) In those cases where BMC Section 20.44.100(c) cannot be applied, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line. ( e) The access way or driveway shall be under the same ownership as the body of the flag lot. An easement shall not be used as a method of providing access to the body of the flag lot. (f) The panhandle shall provide access to a paved and dedicated public right-of-way or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City engineering street standard. 20.44.110 LIGHTING REGULATIONS The following requirements shall apply concerning exterior lighting: (a) Light sources, both direct and non-direct, shall be selected and placed so that glare produced by any light source does not extend beyond the property lines, except onto adjacent sidewalks. (g) A photometric plan shall be submitted for all non-residential development and multiple-family developments to confirm compliance with light requirements. The plan shall include the following items: (1) Location of all lighting fixtures; 33 (2) Manufacturer's model identification of each lighting fixture; (3) Manufacturer's perfdtmance speCifications of each fixture; and (4) Photometric plan of the installed fixtures which demonstrates that all illumination is confined within the boundaries ofthe site. 20.44.120 ANCILLARY DRIVE-THROUGH LANES Ancillary drive-through lanes as defined in BMC Section 20.42.020 may be permitted in conjunction with an allowable principal use, unless drive-through lanes are expressly prohibited in the zone district. 34 Figure 20.44( a) Front Yard Setback Areas The following Figure provides guidance in the application of front yard setback requirements to different type! of lot and street configurations. Lot Lines (solid lines) FLAG LOT \ \ I --------- , , , \ , , - = Q,l e Q,l ~ ~ ~ r---------- I I I I I THROUGH LOT I I I I I ...... I , I ,- - - - - - - - I I I I I I ----------- ~- , ,. " -------1 I I I I I I I I I , ~--------- ----------- I I I I I I I I I " Front Yard Setback Lines (dashed lines) ... ~ ---- 35 Figure 20.44(a) Front Yard Setback Areas The following Figure is for illustration purposes only and serves as a guideline when applying setback requirements. R R R FLAG S S S S S LOT S F F F S S .... == ~ R CORNER e ~ LOT S rI.l ~ ~ S S S S s S S THROUGH LOT s S s S R s S s S s R F F F F = Front Yard S = Side Yard R = Rear Yard ,,~,~__w,w,~,~_,~__,w'w_'v_'w'w~_'v'w_'W__'W____'W_'W'y.y.w.v_____.y.__.w_.w._.__.w.w.w.w.__.w._ ~______~_~_~_~_____~_~~_____________________~_~_~___________v ~~--~~------------~~----------------------------------------~ ~_____~_____________________________________________________v ^---------------------- ~----------------~ ~________~_____________ ~________________v g~~~~~~~~~~~~~~~~~~~~~; SIl()~~I~~ 2~~a~~~~~~~~~~~;~~ ^______________________ ~________________v ~---------------------- ~----------------~ ^-----~----~----------- ~----------------~ :~~~~~~~~~~~~~~~~~~~~~~ :~~~~~~~~~~~~~~~~~ ....................~""'......__..".............~____V"...................._"'._....._...,..........._....-......"'._...,..""..............._.................................,........;r<_-.;!".................................__...........'ii'- ~----~---~~-------------------------------------------------~ ........_................_....._..........---_....._....................._-_....._......~-..........._---_......_-_......_--_.....~-..,........-......_-_................-.....~ ^________~__________________________________________________v 36 Figure 20.44(b) LOT AREA CALCULATIONS The following illustration demonstrates the methods for calculating Lot Area in BMC Title 20. 1. The drawing below represents a I-acre parcel before deductions from buildable areas. This is the "gross" lot area of the site. Street r"-" _.. -..-..-. '-" -.. -.. -..-.. -. .-..-.. -..--: . I I I I I I I I Total Area of Parcel = 1 acre _.._.._.._.._.._.._.._.._.._.._.._.._.._.._..J 2. When creating new lots, the unbuildable areas such as streets and environmentally sensitive areas are subtracted from the gross lot area to produce a net Lot Area that is used when calculating the size of each new lot. If a new individual lot contains an unbuildable environmentally sensitive area that is twenty-five (25) percent or less of its gross lot area, the sensitive area may be included in the lot area. The drawing below represents a I-acre parcel divided into 5 parcels with applicable deductions. Private Street/ Turn Around = 9,960 sq ft Lot 1 Area = 5,600 sq ft Lot 2 Area = 5,600 sq ft -..- ..-...- ..-. '-"-.'-"--" I Lot 3 Area = I 5,600 sq ft Lot 4 Area = I 5,600 sq ft . - -..... -.. . . . . . . . . . . . . . . . . . . . . . . . ," ............ . I ..... ....................... .......... ...........1 ..:.:.:.:.:.:.,:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0' I Lot 5 Area = :<:::S~ri~~tly~:A~~a:~:~~~OQ:Sq:'(::::i !jW mft ,M'~~i;_lji~uft-~~, '.' ...,}I Sensitive Area = less than 25% of Lot 37 CHAPTER 20.46 SPECIAL DEVELOPMENT STANDARDS 20.46.010 ACCESSORY DWELLING UNITS An Accessory Dwelling Unit (ADU) may be installed where a new or existinKsingle- family dwelling unit (hereafter-principal unit) is allowed. Accessory Dwelling Units are exempt from density requirements and shall be subject to the following specific development, design and owner-occupancy standards. (a) An ADU shall comply with the development standards of the underlying zone for the principal unit including setbacks, height, and lot coverage. (b) An ADU may be detached from the principal unit only if incorporated into an accessory garage structure. (c) Only one (1) ADU may be created per lot residence. (d) The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence for at least six (6) months out of the year. (e) An ADU shall be limited to not more than: (1) Forty (40) percent ofthe principal unit's total floor area (not including basement); (2) Eight-hundred (800) square feet maximum, nor less than three-hundred (300) square feet; (3) Two (2) bedrooms. (.0 Any attached ADU shall be designed so that the appearance of the building remains that of a single- family residence including the following: (1) Constructed of the same materials and siding as the principal unit; (2) A roof of equal or greater pitch as the principal unit; (3) A height not greater than the principal unit. (g) The entrance to an attached ADU shall not be on the same fayade of the structure as an entrance to the principal unit. (h) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street parking space, and ADUs with two-bedroom shall provide two (2) off-street parking spaces in addition to that which is required for the principal unit. (i) When development of an ADU is for people with disabilities, the Director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility such as those required by the International Building Code. (j) An ADU shall have a deed restriction recorded with the Kitsap County Auditor to indicate the presence of the ADU, the requirement of owner-occupancy, and other standards for maintaining the unit as described above. 20.46.020 FENCES AND WALLS (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones: (i) Maximum height shall be six (6) feet. (ii) Maximum height within the front yard setback area shall be three (3) feet; except an open mesh cyclone type fence may not exceed a height of forty-eight (48) inches. 38 (iii) On comer lots with a specified front yard setback on each street frontage, the Director can determine that the street frontage of the residence's principal orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the yard on the other (secondary) frontage only if all of the following conditions are met: a. The higher fence will not block any existing front yard views from an adjoining residence with its principal orientation to that same street; b. The higher fence will not be closer to the residence's front property line on the street of principal orientation than the closest part of the front fac;ade of the residence; c. The higher fence will not encroach into the front yard of the primary frontage where the maximum height limit in BMC Section 20.46.020(a)(1)(ii) takes precedence. (2) Commercial Zones: (i) Maximum height shall be eight (8) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (3) Industrial Zone: (i) Maximum height shall be ten (10) feet. (ii) Maximum height shall be six (6) .feet when adjacent to a public right-of-way, or to a residential zone. (b) A Type II Conditional Use Permit may be granted for fences or walls up to eight (8) feet high in a side or rear yard only ifthe fence or wall is necessary to provide privacy and security between a residential and a non-residential use. (c) Fences and walls shall not block or hinder the sight distance of traffic. Exact location and design of a fence orwall is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences shall be permitted within the City of Bremerton. (e) Barbed wire or similar wire protective devices are permitted only in industrial zones above a height of six (6) feet provided that adjoining a residential zone, devices may be allowed by approval of a Type II Conditional Use Permit pursuant to BMC Section 20.58.020 only if the following criteria are met: (1) The applicant demonstrates that the protective device cannot be installed outside of the specified setback without significantly diminishing the utility of the industrial property; (2) The protective device will be designed to minimize adverse aesthetic impact to the residential use by installing the device behind the top of a fence or wall or screening the device with landscape; and (3) The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial premises. (f) Notwithstanding the provisions of (a)(I)ii above, architectural appurtenances such as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up to ninety (90) inches high, provided that: (1) No individual structural support for such features shall be more than sixteen (16) inches square in section, (2) Any gate shall not obscure more than twenty (20) percent of visibility to the yard as viewed perpendicular to the gate's installation, and 39 (3) Any entry feature greater than three (3) feet in height shall not be more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a driveway entry. (g) All fences shall present a "finished" appearance on its outside face. 20.46.030 HOME OCCUPATION Home occupations are permitted in a residential dwelling unit subject to the following limitations. (a) The business shall clearly be subordinate to the use of the dwelling unit for residential purposes. (b) The business shall be wholly situated indoors. (c) No person shall be employed in the home occupation unless a resident of the dwelling unit. (d) There shall be no exterior display, storage or other exterior indication of the existence of the home occupation, except as allowed by the underlying zone. (e) One (1) additional off-street parking space meeting shall be provided in addition to the number of off-street parkinKspaces already required for the dwelling. The Director may waive this requirement if the home occupation involves Internet services that do not require customers or deliveries at the residence. (f) Any sales of product shall be limited to those produced on the premises, except products produced elsewhere may be allowed provided the business is primarily involved in the product's distribution and does not attract buyers to the property for retail or wholesale sales. (g) Sales and services to patrons shall be arranged through appointment so that only one (1) patron vehicle is on the premises at any given time the same time. (h) Not more than fifty (50) percentofthe gross floor area of the dwelling 'I:Hlit may be devoted to the home occupation use. (i) The garage shall not be used in the business unless the required off-street and customer parking can be adequately accommodated elsewhere on the site. (j) Home occupations involving non-automotive engine and equipment maintenance or servicing, beauty or barbershops, or the selling of products that are not produced on the premises shall require approval of a Type II Conditional Use Permit pursuant to BMC Section 20.58.020. (k) Automotive painting, body, and engine repair, small engine repair services and any activity likely to produce excessive noise are prohibited as home occupations. (1) Persons engaged in legal home occupations on the effective date of this chapter shall be considered legal, provided the operation is consistent with all of the above-listed performance standards. Any home occupation, which was legally established but does not currently conform to all those standards may not expand or enlarge and shall terminate that use upon: (1) change of use or ownership of the property; or (2) written complaint of adjacent or nearby property owners after due notice and hearing is provided and if the Director determines that the home occupation is interfering with the use and enjoyment ofthe neighboring premises and is not compatible with the residential environment in which it is located. 20.46.040 MANUFACTURED HOMES (a) Manufactured homes are permitted on one individual parcel, lot, or tract in residential zones, provided that the home is: 40 (1) Approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Developmeht, ahd the appropriate certification insignia is affixed to the unit, in accordance with the provisions ofRCW Chapter 43.22; (2) Comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six (36) feet long; (3) Set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (4) Compliant with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (5) Thermally equivalent to the state energy code; (6) Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3: 12 pitch or greater; (7) Sided with exterior siding similar in appearance to materials commonly used on conventional site-built international building code single-family residences; and (8) A new manufactured home as defined in RCW Section 35.63.160 (2). (b) A manufactured home which was legally placed and maintained prior to the date of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed to be a non-conforming structure. If a legal non-conforming manufactured home is partially or wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set forth in the nonconforming provisions ofthis title. (c) The Building Official or designee shall inspect the installation of manufactured homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after the City issues a valid certificate of occupancy. (d) If a manufactured home is replaced by another manufactured home, a new certificate of occupancy shall be required for the installation of a manufactured home after the date of adoption of this ordinance. 20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT A recreational vehicle occupied or not may be parked on a private lot or lots only as an accessory use subject to the parking provisions of this Title and the following provisions: (a) A recreational vehicle may be occupied for a cumulative period not to exceed thirty (30) days during any twelve (12) consecutive month period; (b) A recreational vehicle may be parked and occupied by the owner of a lot as temporary housing during the period of new house construction on the lot for a period not to exceed one (1) year; (c) Only one (1) recreational vehicle may be occupied on a single lot at any time; (d) A recreational vehicle shall not be parked within a required front yard setback for more then fifteen (15) consecutive days and not more than thirty (30) days cumulative in any twelve (12) consecutive months; and ( e) Any occupied recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City. 41 20.46.060 DISH ANTENNAS. (a) A ground-mounted dish antertna is subjeCt to the setback requirements of the underlying zone. (b) Dish antennas may not be placed above the maximum underlying zoning district height. (c) All dish or other parabolic antenna having a collector dish diameter of six feet or greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish diameter smaller than six feet may be pole- or roof-mounted in a location that has the least visual impact on surrounding properties and views while maximizing the effectiveness of the antenna's operation. 20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. The intent of these provisions is to provide opportunities for reusing functionally obsolete public and semi-public buildings that are structurally sound with new uses to extend their economic life. The adaptive reuse shall not be granted ifthe new use adversely affects adjacent properties. Consideration shall be given to the relative intensity ofthe proposed use compared to the intensity ofthe planned land use environment. (a) Approval ofa Type III Conditional Use Permit pursuant to BMC Section 20.58.020 is required when an adaptive reuse is for a building located within a residential zone. The adaptive reuse shall meet the following criteria in order to be granted approval. (1) New traffic shall be accommodated within the existing levels of service on the surrounding neighborhood streets. (2) Provisions for off-street parking are made. The Hearing Examiner may reduce the number of off-street parking spaces if commute trip reductions methods are employed and the adaptive reuse does not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residential zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses. (6) The subject building must have been constructed for a stated public or semi-public use and operated as such for a minimum of five (5) years. For the purpose of this section public and semi-public building" shall include public schools, fire stations, libraries, churches, hospitals, and post offices. (b) The following uses may be approved for adaptive reuse: (1) Residential, no density limit provided no new floor area constructed; (2) Foster Homes; (3) Daycare facilities; (4) Group Residential Facilities, Class I (Assisted Living); (5) Youth, Teen, Senior, or Community Centers; (6) Medical and dental clinic and related services (not hospitals); (7) Religious worship facilities; (8) Library; 42 (9) Museum and Art Gallery; (10) Consultants (ArchiteCt, Engineering, Planning, Design and similar); (11) Computer assistance and training (but not repair); (12) Office/business assistance services, Call Centers, and general offices; (13) Social services/facilities; and (14) Welfare and charitable services/facilities. 20.46.080 MINERAL RESOURCE EXTRACTION. The purpose of this section is to preserve opportunities for mineral extraction while protecting the health and safety of the community. (a) Mineral resource extraction for soil, and, gravel, quarried stone or ore may be allowed if a Type III Conditional Use Permit is approved pursuant to BMC Section 20.58.020. The owner or agent of the quarry shall submit to the City copies of all documents submitted to the Washington Department of Natural Resources with the application. (b) At a minimum the following performance standards shall apply. (1) A fence eight (8) feet in height shall be installed around the mineral extraction area and all accessory operations. (2) When a subject property is adjacent to developed properties or public rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will grow to not less than eight (8) feet high within three (3) years. If soil and terrain make . landscaping impractical, an eight (8) foot fence or wall that completely screens the property from other uses and the public streets shall be installed. (3) The following are the minimum distances to be measured from adjacent property lines or public rights-of-way. (i) Critical Areas. a. to edge of pit, excavation, or stockpiling area, one-hundred (100) feet b. to crushing of rock or processing of stone gravel or minerals, three-hundred (300) feet c. to blasting, determined on a case-by-case basis (ii) Shoreline area a. to edge of pit, excavation, or stockpiling area, one-hundred (100) feet b. to crushing of rock or processing of stone gravel or minerals, three-hundred (300) feet c. to blasting, determined on a case-by-case basis (iii) Industrial area a. to edge of pit, excavation, or stockpiling area, twenty (20) feet b. to crushing of rock or processing of stone gravel or minerals, two-hundred (200) feet c. to blasting, four-hundred (400) feet (iv) Residential area a. to edge of pit, excavation, or stockpiling area, three- hundred (300) feet 43 b. minerals, five-hundred (500) feet c. to crushing ofrock or processing of stone gravel or to blasting, determined on a case-by-case basis, minimum 1,000 feet ( v) All other land sues a. to edge of pit, excavation, or stockpiling area, one-hundred (100) feet b. to crushing of rock or processing of stone gravel or minerals, three-hundred (300) feet c. to blasting, determined on a case-by-case basis (4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth shall be removed from the soil cover for a distance of fifty (50) feet from the edge of the pit. (5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding properties. (6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable. (7) Upon the termination of quarrying operations at a pit that exceeds a depth of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot horizontal. (8) The site shall be restored after quarrying activities are completed. A landscaping and site reclamation plan shall be required with the Special Use Permit and the City may require a security guarantee for restoration. 20.46.090 SENIOR HOUSING COMPLEX. Approval of a Type III Conditional Use Permit pursuant to BMC Section 20.58.020 may allow senior housing complexes in any zone, except industrial zones, subject to the following standards: (a) (b) (c) The site shall have access to an arterial street; Minimum site area shall be no less than two (2) acres; Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (d) Off-street parking shall be a minimum one (1) space per dwelling; ( e) Except for a community building / clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; (f) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (g) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be provided; and (h) A management agreement or covenants on individual properties to maintain the complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office. 20.46.100 RECYCLING COLLECTION STATION. The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premise collection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on- 44 premise collection and storage is considered accessory to the principal use of the property and not available to the general public. (a) Areas to be used in the collection operation must have asphalt or concrete surface and shall be landscaped to the same standards that apply to any other development or use within the subject zone. (b) The facility shall be closed to public access between the hours of8:00 p.m. and 6:00 a.m. in residential zones. (c) A sight-obscuring fence or wall built to the maximum allowed height ofthe zone shall be constructed and maintained along the sides and rear of the facility. Chain-link type fences and gates are permitted along front lot lines. (d) The facility may be lighted for use during hours of darkness, but shall not be lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. ( e) The site shall be monitored and maintained in a clean, safe and healthful manner. 20.46.110 ADULT ENTERTAINMENT BUSINESSES. This section regulates the location of adult entertainment businesses. The purpose of these regulations is to reduce conflicts between adult entertainment businesses and other land uses. The intent is to protect the City from the blighting impacts of concentrations of adult entertainment businesses while assuring the full enjoyment of a11 the constitutionally guaranteed rights of the general public. (a) Location of Adult Entertainment Businesses: (1) Adult Entertainment Businesses as defined in BMC Section 20.46.110(c) below are prohibited within the area circumscribed by a circle which has a radius of five- hundred (500) feet from the following specified uses or zones: (i) Any zone in which residential use is listed as a principal use. (ii) Any public or private school. (iii) Any day care facility as defined in BMC Section 20.42.020. (iv) Any worship, religious, or church facility as defined in BMC Section 20.42.020. (v) Any public park. (vi) Any community or neighborhood center as defined in BMC Section 20.42.020. (vii) Any public library. (2) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land is to be separated. (3) Violation of the use provisions ofthis section is declared to be a public nuisance per se, which shall be abated by the City attorney as authorized under state law or City Code. (4) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City Code or statute ofthe state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (b) Development Standards: Adult Entertainment Businesses are subject to the development standards ofthe underlying zone. 45 (c) Definitions: (1) Adult Entertainment means any dance, amusement, show, display, merchandise, material, exhibition, pantomime, modeling, or any other like performance of any type, for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas," defined in this chapter, or the exhibition of "specified sexual activities," also defined in this chapter, or the case oflive adult entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual desires. Any patron of an adult entertainment business, as defined in this Section shall be deemed a member of the public. (2) Adult Entertainment Business means any establishment providing adult entertainment as defined in this Section including, but not limited to, adult arcade, adult retail establishment, adult motion picture theater, and exotic dance studio, more specifically defined herein. (3) Adult Arcade means a commercial establishment where, for any form of consideration, one (I) or more still or motion picture proj ectors, slide proj ectors, computer- generated or enhanced pornography, panoramic peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which provide material for individual viewing by patrons on the premises ofthe business which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities. " (4) Adult Motion Picture Theater means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration. (5) Adult Retail Establishment means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for viewing or use offthe premises of adult entertainment material defined in this chapter. For purposes of this provision, it shall be a rebuttable presumption that thirty (30) percent or more of a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presumption is rebutted, the Director may consider the following factors, which are not inclusive: (i) Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; (ii) Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility; (iii) Whether adult entertainment material is an establishment's primary or one of its principal business purposes; or (iv) Whether thirty (30) percent or more of an establishment's revenue is derived from adult entertainment material. 46 An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertaifurtent materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials. The Director shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. (6) Exotic Dance Studio, also know as "erotic dance studio," "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any premises or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or excite the patron's sexual desires. (7) Adult Entertainment Material means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, garnes, clothing or other merchandise or material, whlch are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities." (8) Specified Anatomical Areas means: (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (9) Specified Sexual Activities means: (i) The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one person by another; or (ii) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or (iii) Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or (iv) Excretory functions as part of or in connection with any of the activities set forth in BMC Section 20.46.11O( c )(9)(i) through (iii). 20.46.120 OUTDOOR STORAGE AREAS. All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria. (a) It shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. 47 (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (c) Outdoor storage yards shall meet landscaping requirements for non-residential uses. 20.46.130 OUTDOORS LAND USES. In addition to other applicable development requirements, outdoor oriented land uses such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all parking and storage areas developed with a paved surface, which is durable, and able to withstand all weather conditions. 20.46.140 WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Purpose and Intent: The purpose of this Section is to provide specific regulations for the placement, construction, modification and removal of these facilities. Pursuant to the guidelines of Section 704 ofthe Federal Telecommunications Act of 1996,47 USC Section 332(c)(7), the provisions ofthis Section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecommunications facilities, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless . - servIces. (b) General Provisions: (1) Not Essential Public Facilities: Wireless telecommunications facilities shall not be considered or regulated as essential public facilities. (2) Exemptions: The following are exempt from the provisions ofthis Section: (i) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC); (ii) Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale; (iii) Facilities used for the purpose of public safety by public or semi- public entities including, but not limited to, police communications, hospital communications and 911 system communications; (iv) Wireless radio utilized for emergency communications in the event of a disaster; (v) Licensed amateur (ham) radio installations; (vi) Satellite dish antennas less than two (2) meters in diameter, including direct home satellite services, when an accessory use of the property; (vii) Routine maintenance of otherwise permitted wireless telecommunications facilities; or (viii) Subject to compliance with all applicable City, State, and Federal standards, an emergency repair of a wireless telecommunications facility, provided that a permit is applied for within thirty (30) days after completion of such emergency repair. (3) Principal or Accessory Use: Wireless telecommunications facilities may be either a principal or accessory use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless telecommunications facility on that lot. 48 (4) Prohibited Use: Type I and TypeII Towers as defined in BMC Chapter 20.42 ate prohibited in the Low Density Residential (R-lO) zone. (5) Reimbursement of Costs: In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants, mutually acceptable to both applicant and City, hired by the City to review and inspect the applicant's proposal when the City is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant services plus a City service change often percent (10%) as calculated from before tax cost. (c) Permits Required: Approval ofapermit(s) is required to site a wireless communication facility in accordance with the following and the procedures set forth in BMC Chapter 20.02: (1) Type I Director's Decision: (i) Co-location of antennas on towers per BMC Section 20.46.140 in non-residential zones; (ii) Co-location of antennas on existing support structures per BMC Section 20.46.140, excluding towers, in any zone; (2) Type II Director's Decision: New Type I Towers and associated equipment and antennas in nonresidential zones. (3) Type III Hearing Examiner Decision: Any wireless telecommunication facility not stated above including the following: (i) Any Type I Tower in a residential zone and associated antenna and equipment enclosures; (ii) Any Type II Tower and associated antennas and equipment enclosures. (4) Expiration of Permits: A permit shall expire consistent with the provisions of the City building code, except that the permit for construction of a wireless telecommunications facility shall expire one (1) year after the effective date of the permit approval. (d) Priority of Locations and Consideration Process: The order of priorities for locating new personal wireless service facilities shall be as follows: (1) Place antennas and towers on public property if practical. (2) Place antennas and towers in districts zoned Freeway Commercial (FC), Marine Industrial (MI), Industrial Park (IP), or Industrial (I). (3) Co-locate antennas on appropriate rights-of-way and existing structures, such as buildings, towers, water towers and smokestacks. (4) Place antennas and towers in other zone districts which do not adjoin or adversely impact residential neighborhoods. (5) Only after an applicant has provided an alternative sites report per BMC Section 20.46.l40(e) that demonstrates that priority sites per this section have been investigated shall other sites be approved. 49 ( e) Application Submittal Requirements: Application for any Type I or Type II permit, and other related requests shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information, unless waived or modified by the Director as unnecessary. The following information shall be submitted with a permit: (1) A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of access, setbacks from property lines, sufficient to demonstrate that setbacks and other pertinent requirements have been met. Such drawings shall specifically include elevation drawings ofthe proposed tower (if any), any other proposed structures. (2) A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility, and the method of fencing, and finished color and, if applicable, the method of camouflage and illumination. The Director may adjust these requirements when co-locating on an existing support structure. (3) A completed Federal Aviation Regulation (FAR) 7460-1 Airspace Form with applicable agency comments if the facility is located within five (5) miles of any airport. The City may incorporate comments provided in the FAR Part -'17 Airspace Form into its decision as conditions. (4) Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances. (5) Copies of any environmental documents required by any Federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment. (6) A legal description of the parceL (7) A signed statement indicating that: (i) the applicant and landowner (if different) agree they will diligently negotiate in good faith to facilitate co-location of additional wireless telecommunications facilities by other providers on the applicant's structure or within the same site location, and (ii) the applicant and/or landlord agree to remove the facility within one-hundred eighty (180) days after abandonment per BMC Section 20.46. 140(i). (8) A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable Federal, and local laws and regulations; (9) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions. (10) The telecommunications provider must provide documentation that it is licensed by the FCC if it is required to be licensed under FCC regulations. (11) The telecommunications provider must supply documentation that it has consulted with hospitals, medical clinics, and other similar medical uses within a radius of one- thousand (1,000) feet ofthe proposed wireless telecommunications facility and that such hospitals, clinics and medical uses testify that the wireless facility will not cause interference, 50 malfunctions, or improper operation of any diagnostic, analytical, or therapeutic equipment uses in the care, treatment, or diagnosis of medical patients. (12) The applicant, ifnot the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC. (13) An agreement between the applicant and City shall be provided establishing that if technology should change and a wireless telecommunication facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per BMC Section 20.46. 140(i). (14) A technical report demonstrating the service requirements of the applicant and demonstrating need for the proposed facility at the location proposed. At a minimum, the technical report shall include: (i) A map of the area to be served by the tower or antenna; (ii) Its relationship to other cell sites in the applicant's network including technical data related to frequencies, range, capacity, etc., and (iii) An evaluation of existing buildings taller than thirty (30) feet, within one-quarter (114) mile ofthe proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. The technical report should demonstrate how the proposed site fits into the provider's overall network; (15) An alternative sites report must be submitted. The report shall discuss all potential sites investigated, including at a minimum all nearby priority locations as listed in BMC Section 20.46.140(d); summarize technical data and other rationale as to why a potential site was not appropriate and considered further; and include a demonstration that: (i) the applicant has contacted the owners of structures in excess of thirty (30) feet high within a one-quarter (114) mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals; (ii) asked for permission to install the antenna on those structures; and (iii) access/location was denied for reasons other than economic feasibility; and (16) When there is a technical disagreement relating to location, height or related issues the City and the applicant may retain a mutually acceptable technical expert in the fieldofRF engineering to provide technical advice to the City on the proposal. The cost for such a technical expert will be at the expense ofthe applicant. (f) Site Development Standards Wireless communication facilities shall comply with the following development standards. (1) Type I and Type II Towers shall be set back a distance equal to one and one-half (1112) times the height of the tower from nonconforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the non-conforming residential use is located. (2) Type I and Type II Towers shall be set back a distance equal to three (3) times the height of the tower from any conforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the conforming residential use is located. 51 (3) Wireless telecommunications facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval ofthe City. (4) T ower bases, equipment enclosures and cabinets and related security fencing shall be screened from public view. This screening requirement may be met in a number of ways, including use of a solid masonry wall, earthen berms, or landscaping. If landscaping is employed, it shall meet all applicable requirements ofBMC Chapter 20.50. (5) In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility. (6) Type I and II towers, antennas, and any associated hardware and equipment shall be painted a non-reflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the City. (7) Security fencing, if used, shall conform to the following: (i) No fence shall exceed eight (8) feet in height; (ii) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and (iii) Chain-link fences shall be painted or coated with a non-reflective color, and shall have a minimum three (3) foot deep area to be planted with approved plant species in a manner that will completely screen the fencing. (8) No wireless equipment enclosures reviewed under this section shall be located within required yard setback areas. (9) Type I and Type II towers shall not be located in view corridors as defined under the Bremerton Shorelines Management Program. (10) Type I and Type II towers shall not be illuminated or have lights located upon them except as required under Federal Aviation Administration (FAA) or other State or Federal regulations. (11) No equipment shall be operated so as to produce noise levels above forty- five (45) dB as measured from the nearest property line on which the wireless telecommunications facility is located, except temporary generators used during power outages and natural disasters. Such temporary use shall be for the shortest time period practical. (g) Co-Location on Type I and Type II Towers. Type I and Type II Towers shall be designed to accommodate co-location. The following provisions shall apply: (1) All new Type I Towers shall be designed to accommodate at least one additional provider. Type II towers shall be designed to accommodate at least two additional carriers. The City of Bremerton may deny a project for a wireless telecommunications facility if co-location is not provided. (2) Additional Tower height provided for co-location shall be the minimum needed. Separation between existing and potential additional antenna arrays shall not exceed fifteen (15) feet unless a technical rationale for a larger separation, acceptable to the City, is provided during permit approval for initial tower construction or for any modification of existing towers adding tower height. 52 (3) An owner of a Type I or Type II Tower approved under this chapter may not deny a wireless provider the ability to co-locate on. their facility at a fair market rate or at another cost basis agreed to by the affected parties. (4) In the event co-location is found to be not feasible, a detailed written statement or report demonstrating the reasons for the unfeasibility shall be prepared by the applicant. The City and the applicant may retain a mutually acceptable technical expert in the field ofRF engineering to review the applicant's unfeasibility report. The technical expert will provide comments on the unfeasibility report and provide comments on how the facility could be designed to accommodate co-location if possible. The cost for such a technical expert will be at the expense of the applicant. (h) Co-location on Support Structures other than Type I and Type II Towers: Wireless telecommunications facilities may be co-located on existing or proposed support structures other than Type I or Type II Towers under the following conditions: (1) Type I and Type II towers may not be placed on any other existing or proposed support structure; (2) Whip antennas may exceed the structure height by a maximum of fifteen (15) feet, and other omni-directional antennas may exceed the structure height by a maximum of ten (10) feet; (3) Wireless telecommunications facilities may be mounted on one (1) or more building facades or on one (1) or more sides of a mechanical equipment enclosure; (4) The wireless telecommunications facilities of one (1) provider, including all appurtenances and screening, shall not exceed five percent (5%) of any facade of a building. The wireless telecommunications facilities of all providers located in the support structure shall not exceed ten percent (10%) of the building facade; (5) Exterior equipment structures placed on existing support structures may not exceed five hundred (500) cubic feet with a five (5) foot height limit above existing building height in residential zones; and (6) Antennas may be attached to ball field light standards, electrical transmission towers, water tanks or existing utility poles; provided, that: (i) In residential zones, supporting equipment enclosures and structures shall be in side or rear yards and otherwise adhere to the building setback requirements of the zone, and (ii) Utility poles in any zone shall not be extended or replaced such that overall height is increased more than twenty (20) feet above the pre-existing pole or the average height of existing poles within three hundred (300) feet whichever is less. (i) Abandonment or Discontinuation of Use. (1) At such time that a provider plans to abandon or is required to abandon, the operation of a wireless telecommunications facility, such provider will notify the City Department of Community Development by certified U.S. mail of the proposed date of abandonment. Such notice shall be given no less than thirty (30) days prior to abandonment. (2) In the event that a licensed provider fails to give such notice, the personal wireless facility shall be considered abandoned. (3) Upon abandonment, the provider shall physically remove the wireless telecommunications facility within one hundred eighty (180) days from the date of abandonment. "Physically remove" shall include, but not be limited to: 53 (i) Removal of antennas, mounts, equipment cabinets and security barriers from the subject property. (ii) Removal of Type I or Type II towers. (iii) Transportation of the antennas, mounts, equipment cabinets, security barriers, and towers to a location outside of the City of Bremerton. (iv) Restoring the location of the personal wireless facility to its natural condition, except any remaining landscaping and grading. (j) Maintenance. (1) Wireless telecommunications facilities shall be maintained. For purpose of this section, maintenance shall include but not necessarily be limited to the following: (i) Keeping of all plant materials used for screening in a live and healthy condition; (ii) Regular painting oftowers, enclosures, fences and all paintable items on the site such that rust, peeling paint, or oxidation is not evident; (iii) Repair of any loose or hanging equipment or parts; and (iv) Replacement of missing plants, fencing or fencing parts, or other portions of towers, enclosures, and other equipment. 20.46.150 PUBLIC UTILITY FACILITIES. Public Facilities as defined in BMC Chapter 20.42 may be permitted in all zones where not listed as an allowable use provided a conditional use permit is approved pursuant to BMC Chapter 20.58.020, and subject to the following conditions. Decisions shall be a Type II Director's decision per BMC Chapter 20.02. (a) The public facility does not substantially interfere with or detract from the intent of the zone district, as determined by the Director; (b) The public facility conforms to applicable development standards of the zone, including setback and height standards, unless modified by the Director; (c) Measures are taken to provide screening for the public facility in cases where the facility would otherwise have a negative impact on the visual character of a neighborhood as seen from rights of way or adjacent properties. 20.46.160 PUBLIC DISTRIBUTION / TRANSMISSION FACILITIES. Public Distribution / Transmission Facilities as defined in BMC Chapter 20.42 are permitted outright in all zones. The Director shall determine whether a utility facility is most appropriately classified as a Public Distribution / Transmission Facility or a Public Utility Facility (BMC Section 20.46.150) according to the Definitions set forth in BMC Chapter 20.42. CHAPTER 20.48 OFF-STREET PARKING REQUIREMENTS 20.48.010 INTENT. The intent of this Chapter is to require off-street parking and loading facilities in proportion to the parking and loading demand of land uses while minimizing the amount of impervious surface where possible. The purpose of the regulations and design standards are to ensure the usefulness of parking and loading facilities, to protect the public safety, to mitigate adverse land-use impacts and to protect the visual, water and air quality of the community. 54 20.48.020 APPLICABILITY. (a) General: The provisions ofthis Chapter shall be applied at the time of erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity unless provided for otherwise by law. This Chapter shall be used in conjunction with specific off-street parking requirements set forth in BMC Title 20. (b) Change of Use or Occupancy: The number of off-street parking spaces shall be provided in accordance with the requirements of this Chapter if a change in the use or occupancy of an existing building or structure results in a significant increase in the parking requirement, which shall be determined by calculating the difference between the required and existing number of parking spaces. If the difference is more than fifteen (15) percent ofthe existing parking spaces, or ifthe difference is more than three (3) parking spaces, whichever number is larger, it shall be determined to be a significant increase. (c) Expansion of Structure/ Use: When an existing structure or use is expanded, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter, except when the expansion necessitates the addition of three (3) or fewer parking spaces. The number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of this Chapter. (d) Movement of Building: If a building is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of this Chapter. (e) Change in Ownership: Additional off-street parking shall not be required because of a change in ownership or tenancy provided the use and the building remain unchanged. (f) Rehabilitation: Additional off-street parking spaces are not required because of a building remodel or improvements if: (1) The remodel or improvements are contained within the existing envelope of the building or structure; (2) The inside gross floor area is not increased by more than ten (10) percent; and (3) No additional residential dwellings are created. 20.48.030 NONCONFORMITIES. Any use, which on the effective date of this Chapter or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming unless any of the provisions set forth in BMC Section 20.48.010 would apply. However, in no case shall nonconforming parking have its existing number of off- street parking spaces reduced. 20.48.040 GENERAL REQUIREMENTS. The following requirements are applicable to all zoning districts. (a) Occupancy: No building or structure shall be approved for occupancy unless adequate parking facilities are provided consistent with the requirements of this Chapter. (b ) Availability: All required off-street parking spaces shall be made available and continuously maintained for the parking of residents, customers, patrons and employees of the 55 related land uses and shall not be rented, leased or otherwise assigned to any person or organization not related to the principal or accessory land use. (c) Plans Required: No building permit shall be issued until the applicant has submitted satisfactory plans to the City showing how the off-street parking and loading facilities required by this Chapter will be provided and maintained. Development of a parking lot without a building or other structure does not require a building permit, but does require Site Plan Review in accordance with BMC Section 20.58.090 (d) Maintenance: It shall be the responsibility ofthe property owner to ensure that parking areas and driveways are continually maintained in good condition and free of refuse and debris. All required landscaping shall be kept in a healthy condition and properly maintained. (e) Non-parking Activities: No business, temporary or permanent display, or other non-parking activity shall occur on any required parking space. (f) Parking Prohibited: Parking is prohibited on landscaped or other areas not designed and approved for parking. (g) Unobstructed Access and Circulation: (1) Unobstructed vehicular access to and from public or private streets shall be provided for all off-street parking spaces. Vehicular access drives shall be designed to ensure the safety of persons using such access or traveling on the public street. (2) Required parking and all maneuver areas shall remain free of all obstructions. (3) No parking space may block access to another parking space unless the City has approved a tandem parking design, and valet parking with a tenant is made available during hours of operation. (4) Except for single-family and duplex structures on individual lots, parking spaces shall be designed to prevent the backing of vehicles onto a public right-of-way, or a private street other than an alley. (h) Shared Driveways: Shared driveways are encouraged for abutting lots whenever practical. Approval shall include easements granting access to all property owners using the shared driveway. 20.48.050 MODIFICATIONS TO PARKING DEVELOPMENT STANDARDS. The parking development standards included in Section 20.48.060 and 20.48.070 of this Chapter are base standards. Individual zone Chapters may provide additional parking standards, or departures from these base standards. In cases of conflict, parking development standards in individual zone Chapters shall supercede. Further reductions from base parking standards may be allowable per BMC Section 20.48.100. 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single- family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved 56 apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width ofthe garage door. (c) Side Yard Setback: No parking shall be located within the side yard setback area of the zone unless the side lot line abuts an alley. When abutting an alley, the side yard setback parking provision is reduced to zero. (d) Rear Yard Setback: No parking shall be located within the rear yard setback area of the zone unless the rear lot line abuts an alley. When abutting an alley, the rear yard setback parking provision is reduced to zero. (e) Front Yard Setback: No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed otherwise by law. (f) Stall Dimensions: (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC Section 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four (4) dwellings provided the parking spaces comply with setbacks. (g) Driveways: A driveway may be located within any setback area for a residential use provided the width is not more than twenty (20) feet, and (1) The driveway area within yard setbacks is not used to satisfy the parking space requirement ; (2) Access to a public or private street is provided in accordance with City street standards; and (3) The Director may approve exception to the maximum driveway width when necessary for compliance with Americans with Disabilities Act (ADA) standards. (h) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and the following corresponding standards, except as modified per BMC Section 20.48.050: Type of Use: Number of Bedrooms: (1) ADU (2) Single-unit residential All (3) Two- unit residential All (4) Multi-unit residential 1 or less (5) Multi-unit residential 2 (6) Multi-unit residential 3 or more (7) Group Residential Facility, Class I Group Residential Home Adult Family Home Minimum Number of Parking Spaces: See BMC 20.46.010 2.0 per dwelling 2.0 per dwelling 1.5 per dwelling 1.75 per dwelling 2.0 per dwelling 2.0 plus 1.0 for each bedroom beyond the first 4 plus 1.0 for each 300 square feet of gross floor area used for counseling 57 20.48.080 NON-RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all non-residential development and parking lots. (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Side and Rear Yard Setbacks: Parking spaces shall be setback a minimum of five (5) feet from the side and rear lot lines. Setbacks may be reduced to zero if the following are incorporated into the design of the parking area: (1) A solid fence or wall is provided; and (2) Landscaped islands at least forty-five (45) square feet of area are provided in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six (6) spaces each. (c) Front Yard Setbacks: Parking spaces shall be setback a minimum often (10) feet from the front lot line. (d) Parking Setbacks in Structures: When parking is incorporated within a structure, the parking shall comply with the setbacks of the zone applicable to the structure. (e) Setbacks Abutting a Residential Zone: When a parking space abuts a residentially zoned property, the side and rear yard setbacks shall be at least ten (10) feet from the abutting residential lot line. Setbacks may be reduced to five (5) feet ifthe following are incorporated into the design of the parking area: (1) A minimum five (5) foot in height solid fence or wall; and (2) Sight-obscuring landscaping at least five (5) in height and five (5) feet wide, which meets the performance standards set forth in Chapter 20.50 BMC. (f) Stall and Aisle Requirements: Parking facilities for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a). (g) Modifications to Parking Stall Requirements: The standards set forth in BMC Section 20.48.080(f) may be modified to allow for a vehicle overhang of up to two and on-half (2.5) feet provided: (1) Wheel stops are attached to the ground or pavement if curbs are not provided; (2) The vehicle overhang would not extend beyond the lot line or into front yard setback areas; (3) Walkways maintain a minimum three (3)-foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang. (h) Driveways: The width of non-residential driveways shall be based on the location, intended usage, and other factors and shall be in accordance with State and City engineering standards and: (i) Internal Parking Lot Design: Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians: (1) Standard traffic control signs and devices to direct traffic; (2) Signs, crosswalks, raised pedestrian walkways and night lighting to provide for safe pedestrian movement; (3) Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and 58 (4) Overall design coordination and adherence to all applicable design standards. (j) Landscaping: Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC. (k) Lighting: Parking areas shall be lighted for the safety of pedestrians and vehicle circulation on the site in the following manner: (1) Lights are hooded or beamed so that there is no undesirable glare directed onto any adjacent streets or property; and (2) Lighting shall be designed adequately to illuminate the parking area while preventing the direct illumination of adjacent properties. (1) Signage and Striping: Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces. (1) The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bollards, or other means. (2) Incidental signs within parking lots shall be limited to two (2) square feet III SIze. (3) No signs other than those indicating entrances, exits, name ofthe lot or the establishment to which the lot is accessory, conditions of use, or identification of disabled parking spaces shall be erected. (4) Signage for handicap spaces shall comply with the requirements prescribed in RCW 70.92.120. (m) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and following corresponding standards except as modified per BMC Section 20.48.050: Category of Land Use BUSINESS/ COMMERCIAL: (1) Barber Shop/ Beauty Salon (2) Bank! Financial (3) Laundry (self service) (4) Offices (5) Retail Store less than 15,000 sq. ft. (6) Retail Stores 15,000 sq. ft. or larger (7) Personal Service Shop (tanning, shoe repair, dry cleaner) (8) Plumbing, Heating, Electrical and Building Supplies (9) Convenience Market! Minimum Number of Parking Spaces 1 per 75 sq. ft. gross floor area (g.f.a.) 1 per 350 sq. ft. g.f.a. 1 per 4 washing machines, with a minimum 5 required 1 per 300 sq. ft. g.f.a 1 per 300 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a 1 per 250 sq. ft. g.f.a., with a minimum of 2 required 1 per 600 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a., with a 59 Food Store (retail)/ minimum of 6 required Markets & Supermarkets (10) Shopping Center* 4.0 per 1,000 square feet ofleaseable g.f.a * A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of buildings. EATING/ DRINKING ESTABLISHMENTS: (1) Restaurant! 1 per 150 sq. ft. g.f.a. Cocktail Lounge/ Tavern less than 4,000 sq. ft (2) Restaurant! Cocktail Lounge/ Tavern 4,000 sq. ft. or greater ENTERTAINMENT: (1) Bowling Alley (2) Clubs, Lodges (3) Dance Hall (4) Pool Hall (5) Theater (6) Video Game Arcade INDUSTRIAL: (1) Industrial Establishment! Research & development (2) Mini-warehouse (3) Wholesale Establishment/ Warehouse, Trucking and Freight Terminal LODGING: (1) Bed & Breakfast 20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft. 5 per lane 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of assembly area without fixed seating 1 per 100 sq. ft. g.f.a. 1 per 100 sq. ft. g.f.a. 1 per 4 fixed seats 15 per 1,000 sq. ft. g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq. ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area 1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000 sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater than 100,000 sq. ft. (40 spaces minimum) 1 per guest room plus 1 for the resident household 60 (2) Hotel (3) Motel (4) Travel Trailer Park! Tourist Court MEDICAL! DENTAL: (1) Medical/ Dental Office (2) Hospital/ Medical Centers (3) Nursing Home/ Health Institution! Convalescent Home (4) Veterinarian! Animal Hospital RECREATIONAL: (1) Health Club/ Figure Salon! Physical Fitness Center (2) Parks/ Playground (3) Racquet/ Handball (4) Swimming Facility PUBLIC: (1) Library/ Museum (2) Places of Assembly (arenas, churches, auditoriums, stadiums, sports arenas, etc.) EDUCATIONAL: (1) Nursery School/ Day Care UI 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common areas 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common area plus 1 for manager 1 per trailer site, plus 1 per 10 sites located in a secure storage area, plus 1 per 5 sites for guest parking, plus Other parking for office or community buildings 1 per 150 sq. ft. g.f.a 1.8 per overnight bed based on state license 1 per 600 sq. ft. of g.f.a. 1 per 200 sq. ft. g.f.a. 10 per 1,000 sq. ft. g.f.a Based on anticipated parking demand 2 per each court 5, plus 1 per 75 sq ft. of gross surface water area 1 per 400 sq. ft. g.f.a. 1 per 4 fixed seats (20 inches of a bench or pew = 1 seat), plus 1 per 50 sq. ft. g.f.a. of assembly without seats 1 per 5 children, plus 2 loading! unloading spaces (12 or fewer children are exempt from the loading! unloading) 61 (2) School, Business & Trade (3) School, College or University (4) School, K through 9th grade (5) School, 10th through 1 ih grade AUTOMOBILE: (1) Automobile Service (2) Motor Vehicle/ Vessel Sales Lots (3) Motorcycle/ Small Engine Repair (4) Shops/ stores for sales And service of machinery OTHERS: (1) Garden Nursery (2) Marinas & Moorage Facilities (3) Mortuary/ Funeral Home (4) Uncovered Storage Area 6 per classroom, and/ or 1 per 200 sq. ft. g.f.a of administrative office, and! or teaching lab or shop 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4 student rooming unit, plus Additional space as required for non-academics 2 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per each 10 students for which building is designed, plus 1 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per 200 sq. ft. g.f.a., plus I per service bay (bay its~lf is not a space), with a minimum of 5 required 1 per 3,000 square feet of retail indoor or outdoor sales area in addition to parking requirements for the building or structure 1 per 400 square feet of g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 400 sq. ft. g.f.a of retail area, plus 1 per 500 sq. ft. g.f.a of building and outside display area (wholesale) 1 per 600 sq. ft. of g.f.a. I per 75 sq. ft. of assembly area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be parked overnight on a regular basis, plus 1 per 300 sq. ft. g.f.a. for office 20.48.100 PARKING REDUCTION. Modifications to the requirements of this Chapter may be granted for the following: (a) Designated Land Use Centers: If a change of use occurs pursuant to BMC Section 20.48.020(b) on a property within a Center zone designation as categorized in BMC 62 20AO(a), which results in a significant increase in the parking requirement, the Director may reduce the minimum number of required parking spaces by up to ten (10) provided: (1) Sites containing multiple buildings and/ or uses shall have the reduction applied to the entire site and not to individual uses; (2) The number of existing off-street parking spaces is not reduced. (b) Master Development Zone: Approval of a Master Development zone pursuant to Chapter 20.80 BMC. (c) Group Residential Facility Class I, Adult Family Home, and Group Residential Home: The Director may authorize a reduction in the number of required parking spaces for a Group Residential Facility-Class I, Adult Family Home, or Group Residential Home if there is a clear indication that the requirements of this Chapter are excessive due to such factors as the resident's ability to drive, age, or mental or physical abilities and disabilities. (d) Senior Housing Complex: Parking requirements may be reduced for a Senior Housing Complex approved pursuant to BMC 20.46.090. (e) Manufactured Home Park Requirements: Parking requirements for a Manufactured Home Park are prescribed in the approval criteria for a Conditional Use Permit. 20.48.120 UNLISTED USES. Land uses not specifically listed in BMC 20A8.060(h) '1nd 20.48.080(n) shall have their off-street parking requirements determined in the following manner: (a) A comparison is made of the unlisted use to a listed use and the Director determines that the parking demand between the two uses is similar; or (b) If a comparison cannot be made, the Director may determine the number of required spaces based on anticipated parking demand, which in no case shall be less than one (1) parking space per five-hundred (500) square feet of gross floor area. 20.48.140 HANDICAP ACCESSIBLE PARKING. Where parking is provided, accessible parking spaces shall be provided that complies with the requirements in Chapter 17.04 BMC (City Building Code, IBC Chapter 11). Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. 20.48.160 LOADING/ UNLOADING SPACES. (a) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area greater than one-thousand (1,000) square feet of gross floor area that is engaged in retail, manufacturing, wholesale or storage activities, but excluding self-service storage facilities; which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area Number of Loading Spaces Required (1) 1,000 to 20,000 square feet 1 (2) 20,000 to 50,000 square feet 2 (3) 50,001 to 100,000 square feet 3 (4) Greater than 100,000 square feet 4 (b) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area 63 greater than ten-thousand (10,000) square feet of gross floor area that is engaged in hotel, office, restaurant or similar use in accordance, which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area (1) 10,000 to 50,000 square feet (2) 50,001 to 100,000 square feet (3) Greater than 100,000 square feet Number of Loading Spaces Required 1 2 3 (c) Loading/ Unload Zone Development Standards: (1) Design: Off-street loading spaces shall be at least ten (10) feet in width and have a total area of not less than two-hundred fifty (250) square feet. (2) Accessibility: With the exception of gates and security fencing, loading spaces shall be accessible at all times from a street, alley, or driveway and shall not be obstructed by other loading spaces, trash receptacles, outdoor storage, or other obstacles. (3) Obstructions: Loading functions shall not interfere with any emergency access, fire exit, or required vehicle parking spaces. (d) Modifications: (1) Ifthe applicant can demonstrate that deliyeries are only made during nighttime or other hours when customers are not present, the loading function may be accommodated in combination with required customer/ employee parking. (2) If the applicant can demonstrate that all deliveries are made by trucks with a gross weight of26,000 pounds or less, the number of required loading! unloading spaces may be reduced by one (1) if a load/ unload zone located within the public right-of-way fronting the property is approved by the Public Works Department. 20.48.180 OTHER REQUIRED PARKING SPACES. All non-residential uses and residential developments of six (6) or more dwellings shall provide parking spaces for the following: (a) Motorcycle Spaces: Motorcycle spaces shall be provided at one (1) per twenty- five (25) of the required automobile spaces with at least one (1) motorcycle space provided. (1) Automobile parking requirements may be reduced one space for every three- (3) motorcycle spaces provided up to a maximum five (5) percent of the total required automobile spaces. (2) Each motorcycle space shall be no smaller than four (4) feet in width and eight (8) feet in depth. (3) Motorcycle spaces shall be located according to the same criteria and standards that are applicable to automobile parking spaces. (4) The Director may exempt those non-residential uses that would not normally have motorcycle-riding clientele (such as warehouses, storage facilities, automobile services, etc) from motorcycle parking requirements. (b) Bicycle Facilities: Bicycle parking spaces shall be provided at ten (10) percent of the required automobile spaces. (1) The minimum number of required bicycle spaces for schools of all types except higher education institutions shall be calculated at the rate of one (1) space per twenty (20) students, based on the facility's designed capacity. 64 (2) Video game and similar amusement centers commonly frequented by children and/or teenagers shall provide bicycle facilities equal to one-third the required numbers of automobile parking spaces. (3) The Director may exempt those non-residential uses that would not normally have bicycle-riding clientele (such as self-service businesses, automobile services, gas stations, etc) from the bicycle parking requirements. (4) Bicycle facilities shall be firmly attached to the ground, located near the building entrance, and designed to allow both the frame and wheels to be securely locked to the structure. 20.48.200 RENT OF RESIDENTIAL PARKING. (a) The rental, lease or other use of parking spaces for commercial parking purposes within a residential zone is prohibited. (b) The rental, lease or other use of parking spaces associated with a residential use for commercial parking, whether they are required spaces or not, is prohibited. 20.48.220 SATELLITE PARKING. Off-street parking requirements may be partially or completely satisfied with the approval of a Satellite Parking Facility. A Satellite Parking Facility is approved by Site Plan Review as prescribed in BMC Section 20.58.080. A Satellite Parking Facility may be approved provided: (a) The parking facility is located within four-hundred (400) feet ofthe property containing the associated use or building; (b) The parking facility is not located on property zoned for Low Density Residential. The Director may waive the zone restriction for a Religious Worship Facility or Public School if: (1) The parking facility is located on a lot abutting the principal use; or (2) The parking facility is located within one-hundred (100) feet on a lot where a street (public or private) or alley would separate it from the principal use. (c) The owner of the property containing the Satellite Parking Facility executes a binding agreement approved by the City. The agreement shall include covenants running with the land to ensure that conditions are observed and remain in effect until there is a substantial change to the original conditions that made the satellite parking necessary. The agreement at a minimum shall contain: (1) A covenant stating that the title to and right to use the satellite lot will be subservient to the title to the premises upon which the primary structure or improvement is to be erected or made; and (2) A warrant that lots are not and will not be made subject to any other covenant or contract for such or other use without the prior written approval of the City. (d) The owner of the property or an authorized agent shall file the agreement with the County Auditor following City approval. A copy of the recorded agreement shall be submitted to the Department and kept on file. (e) The Satellite Parking Facility shall meet the requirements of this Chapter. (f) A limit on the time of day that the Satellite Parking Facility is used may be placed as a condition of its approval if deemed necessary by the Director for the protection of adjoining areas. 65 20.48.240 JOINT USE OF PARKING FACILITIES. Joint Use Parking Facilities provide for the sharing of parking facilities between different uses. A Joint Use Parking Facility requires approval of a Conditional Use Permit pursuant to BMC Section 20.58.020. A Conditional Use Permit may be granted under the following conditions: (a) Up to fifty (50) percent ofthe required parking for a theater, auditorium, bowling alley, or dance hall may be supplied by the off-street parking provided by certain types of uses referred to as "daytime" uses in Subsection (d) below. (b) Up to fifty (50) percent ofthe required parking for uses specified as "daytime" uses in Subsection (d) below may be supplied by the parking facilities provided by uses referred to as "nighttime" uses in Subsection (e) below. (c) Up to seventy (70) percent of the required parking for a religious worship facility or auditorium incidental to a public or private school may be supplied by the off-street parking facilities provided by uses referred to as "daytime" uses in Subsection (d) below. (d) The following uses are considered as primary "daytime" uses: (1) Bank; (2) Offices; (3) Personal Service Shop; (4) Wholesale Businesses; (5) Uses similar to the above that normally o'i traditionally operate only during daytime hours. ( e) The following uses are considered as primary "nighttime" or Sunday uses: (1) Auditorium incidental to a public or private school; (2) Civic and Commercial Theaters; (3) Bowling Alley; (4) Dance Hall; (5) Religious Worship Facilities; (6) Uses similar to the above that normally or traditionally operate primarily during evening hours or on Sunday. (f) The following conditions apply as a requisite for approving ajoint use of parking facilities: (1) The principal building or use shall be located within a radius of eight- hundred (800) feet of the joint parking facilities. (2) The principal building or use shall not be separated from its parking by an arterial street unless it is within one block of a signalized intersection. (3) The applicant shall demonstrate there will be no substantial conflict between the two uses regarding hours of operation for which joint use of parking facilities is proposed. (4) A properly drawn legal instrument, approved by the City Attorney and executed by affected parties to set forth clearly the terms of the parking agreement, shall be recorded with the County Auditor. A copy of the recorded agreement shall be submitted to the Department. (5) The right to occupy the primary premises shall terminate ifthe joint use parking facilities that are necessary and were approved cease to be available. 66 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Any land use containing drive-through services or drive-through service bays shall provide "stacking spaces" in accordance with the following: (a) Designed to accommodate vehicles awaiting service and prevent them from extending into a public right-of-way; (b) A minimum of four (4) stacking spaces shall be provided for each lane on the entrance side and one (1) space on the exit side; (c) Service bays and drive-through lanes shall not be designed to be entered from both sides; (d) Circulation and stacking areas shall not be counted toward the required off-street parking spaces; and (e) Stacking requirements shall not apply to auto service facilities such as gas stations, service stations, and auto repair garages, unless found to be necessary to prevent extending into a public right-of-way. 67 Figure 20.48( a) Parking Minimum Design Requirements 00 22'0" 8' 0" 10' 0" 18'0" 300 8' 6" 17' 0" 12'0" 20'0" 4Y 8' 6" 17' 4" 12' 3" 10'0" 500 8' 6" 18' 0" 12' 9" 20'0" 550 8' 6" 18' 6" 13'3" 20'0" 600 8' 6" 18' 10" 14' 4" 20'0" 650 8' 6" 19'0" 15'2" 21' 0" 700 8' 6" 19'2" 16'0" 21' 6" 750 8' 6" 19' 0" 17' 6" 22'0" 900 8' 6" 17' II" 22' 6" 22'6" c D c l; 68 l CHAPTER 20.50 LANDSCAPING REQUIREMENTS 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought resistant vegetation, replacing non-native and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and storm water runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding. 20.50.020 APPLICABILITY. All new development, including expansion of existing structures and/or uses, except single-family residential building permits on individual lots, shall be subject to the requirements of this chapter. 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; (b) The Director may waive or reduce any requirement(s) of this chapter in the following cases: (1) The remodel of an existing building results in the expansion of floor area that is ten percent (10%) or less of the existing floor area; (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) To accommodate required off-street parking spaces. 20.50.040 GENERAL PROVISIONS. (a) Front Yards: All front yard setback areas shall be landscaped pursuant to the Performance Standards per BMC Section 20.50.050 ofthis chapter; (b) Street Trees: Street trees shall be planted along public and private streets, per Performance Standards in BMC 20.50.050(a) unless more stringently required by the underlying zone. Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Residential Screening: When any non-residential development is proposed on a site that abuts the Low Density Residential (R-lO) zone, or when a three-or-more dwelling multi- family residential development is proposed on a site that abuts the Low Density Residential zone, landscaping and screening shall be provided according to the Performance Standards in BMC Section 25.50.050(b); (d) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide landscaping screening along the site facing the trail or open space per the Performance Standards outlined in BMC Section 20.50.050; 69 (e) Undeveloped Areas: Undeveloped portions of property not devoted to landscaping shall be planted, ground covered, or remain with existing vegetation, including significant trees as provided for in BMC Section 20.50.050( c) but excluding plants that can be classified as noxious weeds or as invasive species; (f) Required Plants: New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal Puget Sound Region. The Department of Community Development maintains a list of approved plant materials recommended for use within areas in the City of Bremerton. Additional plants may be added to this list as deemed appropriate by the City. Performance standards for required plants are found in BMC Section 20.50.050(d); (g) Alternative Landscaping Plan: The requirements ofthis chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted and accompanied by a Landscape Plan as required above; (2) An alternative landscaping plan may be approved provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (h) Guarantee: All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing n;quired landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: (1) A bond or other acceptable assurance device shall be in the amount of 125% of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (i) Maintenance Required: All plant material shall be maintained as designed and approved. Maintenance standards and assurances must be provided in the landscape plan as described BMC Section 20.50.060. 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) Street Trees: One tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty- five (35) feet on center, however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (b) Screening Requirements: (1) Landscaping forming a year-round sight barrier a minimum of five (5) feet in height in a landscaped area at least ten (10) feet wide; or 70 (2) A fence or wall, and/or berm, or combination, no less than five (5) feet high plus shrubs and trees in an area at least five (5) feet wide; (c) Significant Trees: Existing healthy trees located within required landscape areas and undeveloped areas and which will not constitute a safety hazard shall be preserved as follows: (1) Evergreen trees: Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (2) Deciduous trees: Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade; (d) Planting Materials: Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought resistant species, or other species that are irrigated per the provisions ofBMC Section 20.50.120(d) of this chapter or located in high moisture content soils. Plant material selection shall be consistent with the list of approved plant materials recommended for use within areas in the City of Bremerton per BMC section 20.50.040(f) ofthis chapter. Plant materials shall also be coordinated with utility company requirements to avoid conflicts; (e) Deciduous Species Requirement: Landscaped areas and required screening shall consist of no more than fifty percent (50%) deciduous species. 0 (f) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or desingated trails and open spaces in the Comprehensive Plan shall provide one tree per fifty (50) linear feet of the property facing such trails and open spaces in addition to the General Provisions ofBMC Section 20.50.040(d); (g) Interruptions: Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter; (h) Safety: All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant; (i) Freestanding Signs: An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing; (j) Outdoor Storage: In addition to any other requirements, storage yards and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way; (k) Parking Lots: Parking lots shall comply with all of the landscaping requirements for non-residential uses. In addition the following standards shall apply: (1) Parking lot setback areas shall be landscaped with trees, shrubs, ground covers, turf grasses, or combinations thereof. Non-living materials shall not exceed twenty percent (20%) of the landscaped area at maturity; 71 I. I (2) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (3) Interior landscaping shall be dispersed as equally as possible throughout the parking lot; (4) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one tree in combination with shrubs, ground cover or other landscaping materials; (5) Bio-swales and permeable pedestrian access ways through parking lots, connecting landscaped areas, are encouraged and are included in the calculation of required landscaping square footage; (6) Lots larger than thirty (30) spaces, are exempt from internal landscaping requirements if: (i) They have only a single aisle with parking spaces on one or both sides; (ii) They have at least a five (5) foot width oflandscaping across the frontage and along at least one other property line; and (iii) The lot has no internal parking islands or peninsulas; (7) Trees shall be provided along any property line abutting a residential zone at a minimum rate of one (1) tree per each fifty (50) linear feet except along property lines abutting an alley or already occupied by a building or other structure; (8) If not necessary for visual buffering or if other trees are on or near the property line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property line; (9) Whenever possible, mature healthy trees, as defined in BMC Section 20.50.040(e) already existing on the site shall be preserved. Credit may be given by the Director at the time of Site Plan Review for the preservation of such a tree in exchange for the loss of a parking space; (1) Clear Vision Triangle: A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the 3-8 ft. clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site. 20.50.060 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner's name, designer's name, north arrow, date and scale; 72 (2) Existing property lines, easement, rights-of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five (5) foot intervals; (4) Proposed plantings, identified by common name, and caliper, size, and minimum height of specimens to be planted (b) A landscape plan shall provide assurances for the following: (I) Landscape areas consisting of drought resistant vegetation will not require temporary or permanent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after twenty-four (24) months or two growing seasons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas shall include the following features: (i) Moisture or precipitation sensors; (ii) Automatic timers set for operation.to assure adequate moisture levels; (iii) Head-to-head spacing, if sprinkler heads are proposed; (iv) Pressure regulating devices; (v) Backflow prevention devices; (vi) Separate irrigation zones for grass and planting beds; (vii) Other provisions applicable to state and city codes; (5) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjaent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (7) All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. CHAPTER 20.52 SIGN STANDARDS 20.52.010 INTENT. The intent of the Sign Requirements Chapter is to recognize the importance of signs in the community and establish regulations to protect the public from damage or injury attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community, and to protect property values. This Chapter is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regulations are not intended to, and do not restrict limit or control the content of any sign message. 73 20.52.020 APPLICABILITY. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to State regulations. In cases of conflict, the most stringent requirement shall prevail. 20.52.030 SIGN PERMIT. (a) Permit Required: No sign shall be placed, erected, or displayed without first obtaining a sign permit unless exempt under BMC Section 20.52.040. (b) Removal of Nonconforming Signs: A property containing a nonconforming sign shall not be allowed a new or additional sign on the property until the nonconforming sign is removed or brought into conformance with the requirements of this Chapter and the underlying zone. (c) Permit Application: An application for a sign permit shall include the following: (1) Signature of the property owner or their designated agent; (2) Site plan drawn to scale showing existing buildings, streets, freestanding and building signs, utility poles, and other structures within fifty (50) feet of the proposed sign; (3) Elevation drawings of the structural details ofthe proposed sign including dimensions, height, illumination methods and structure supports; and (4) Landscaping plan showing planting mate~als and patterns. 20.52.040 EXEMPT SIGNS. The following signs are exempt from the provisions ofthis section, but may be subject to other provisions of the Zoning Code or Building Code: (a) Traffic signs, signals, and other traffic control devices erected by the City or other public authority. (b) Public notices pertaining to public health or safety issues, or for notification of legal or legislative action erected by the CIty or other public authority, of a temporary nature. (c) Permanent plaques, cornerstones, nameplates, and other building identification marking attached to or carved into the building materials and which are integral parts of the structure. (d) Signs within buildings provided they do not include moving, flashing or animated signs that are visible from any private or public roadway, or from adjacent properties. (e) Legal nonconforming signs. (f) Incidental signs intended for public information or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, credit card signs, and similar. (g) The American Flag, State of Washington flag, and other political or special purpose flags, that are not intended to contribute to a commercial advertising display. (h) Wall graphics of an artistic nature and that do not conform to the definition of "sign" . (i) Public Information / Identification approved through a Conditional Use permit process pursuant to BMC Section 20.58.020. (j) Real estate signs for sale of single-family dwelling units. (k) Temporary construction and on-site real estate development marketing signs provided they are removed prior to occupancy approval of the building. 74 (1) Political signs meeting the provisions in BMC Section 20.52.090. 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the city limits ofBremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Reader-board or message center signs that change copy no more frequently than two (2) second intervals, and time/temperature signs are exempt from this provISIOn. (b) Pole Signs in all zones except the Freeway Corridor (FC) Zone and the Industrial (I) Zone. (c) Private signs placed within a public right-of-way; except a Projecting Sign, may be permitted over a sidewalk if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign. (d) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. ( e) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials; (f) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (g) Portable signs within the public right-of-way except sandwich board signs per BMC Section 20.52.140; (h) Off-premises signs including billboards; (i) Product signs, other than those at a franchise business identifying the franchise product. 20.52.060 SIGN MEASUREMENTS. (a) The area of sign faces shall be measured as the area bounded by any 6 straight lines intersecting at right angles, and shall include any surrounding frames or cabinet edges. (b) Sign area does not include supports, foundations or structures that are not part of the sign. (c) Only one side ofa double-faced sign is counted in the sign's total area. (d) Multiple copy signs or shopping center signs consisting of several individual signs on the same support structures are calculated as the total of all individual sign components. ( e) A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or fifty (50) percent of the total area, whichever is greater; (f) The height of a sign is measured from grade as defined, to the highest point of the sign or its structure, whichever is higher. (g) Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame. (h) Street comer signs (at an intersection) shall be assigned to one of the frontages by the applicant and shall conform to the requirements of that frontage only; (i) Portable signs shall be calculated as part of the total freestanding sign area available to the site. 75 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, except for the following: (1) Public authority and other traffic related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walkways; and (4) Approved sandwich board signs per BMC Sections 20.50.160 and 20.50.170. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear vision setback if: (1) A pole sign is allowed by the zone; (2) Thetop ofthe sign is three (3) feet or less above the grade, or (3) The bottom of the sign is eight (8) feet or greater above the grade. (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any projecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign. (e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero provided the sign complies with the vision clearance requirements. (g) Freestanding signs shall not extend beyond property lines. 20.52.080 TEMPORARY SIGNS. All temporary signs are subject to the placement, size, and height requirements of this Chapter, and the requirements set forth in the underlying zone. Additionally, the following requirements shall apply: (a) The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one-hundred (100) square feet. (b) The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet. (c) Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days. (d) Temporary signs meeting the following standards are exempt from the requirements ofBMC Sections 20.52.030, and 20.52.090 through 20.52.140: (1) The sign is displayed for a period of seven (7) days or less; (2) The area of the sign is twenty-four (24) square feet or less; and (3) The height of the sign is six (6) feet or less. 76 (e) Temporary signs shall not be permanently attached to the ground, a building, or to any other structure, other than what is necessary to secure it to prevent theft, wind damage or safety problems. (f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events but shall not be permanently displayed. 20.52.085 POLITICAL SIGNS. Political signs identify candidates or issues in upcoming elections and! or they may express noncommercial speech such as religious, political, social, or other philosophical messages. The content of such signs are not regulated, but are subject to the following requirements: (a) The sign area of political signs shall not exceed thirty-two (32) square feet. (b) The maximum height of a political sign shall be six (6) feet. (c) Political signs advertising a candidate or issue in an upcoming election shall be removed within fourteen (14) days after the general election. (d) Political signs that do not comply with the requirements ofthis Section shall be subject to the permit requirements, sign area, setback and other provisions of this Chapter. 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts. (a) Vision Clearance. Signs shall conform to the clearance requirements ofBMC Section 20.52.060. (b) Extension above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof. (c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. ( e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than the sign area. 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. The following standards shall apply to signs placed on property zoned commercial: (a) Freestanding signs: (1) Sign Area: Freestanding signs may have an aggregated area that shall not exceed one (1) square foot of area per each lineal foot of street frontage subject to the following: (i) Narrow Parcel: Any parcel having less than fifty (50) lineal feet of street frontage may have one (1) freestanding sign not to exceed fifty (50) square feet. (ii) Wide Parcel: Any parcel having more than fifty (50) lineal feet of street frontage may have multiple freestanding signs provided no single freestanding sign exceeds an area of one-hundred (100) square feet. (2) Spacing: Freestanding signs located on the same parcel or site shall have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback is required 77 from adjacent property lines, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes conipliance impossible. (3) Maximum Height & Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(a). (b) Building Signs: (1) Commercial Uses: The building sign standards shall be in accordance with the following: (i) Sign Area: Signs attached to a building may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of building fayade width. (ii) Maximum Sign Size: A building sign attached individually shall not exceed one-hundred (100) square feet in area, except it may exceed the maximum if the total sign area is less than ten (10) percent of the total building fayade area. (2) Industrial Uses: The building sign standards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following: (i) Sign Area: The maximum aggregated area for all building signs attached to a single building shall be one-hundred (100) square feet. (3) Number of Signs: There is no limit to th~number of individual building signs provided the maximum aggregated sign area is not exceeded. (4) Illumination: Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from other land uses, and away from on-coming traffic. (c) Shopping Center or Professional Complex: A shopping center, professional office complex, or similar large multiple occupancy development may have an identification sign to a maximum size of three-hundred (300) square feet, placed along one or more street frontages that are longer than three-hundred (300) feet each, provided the sign is no closer than one-hundred (100) feet from an adjacent property on the same side of the street and no other freestanding signs larger than fifty (50) square feet are placed on the subject property. 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. This Section applies within the Freeway Commercial zone designation. (a) No provisions under this Section shall be interpreted to preclude other provisions of this Chapter that are applicable to a given property or proposal. (b) In addition to the other standards prescribed in this Chapter, a dealership group may erect one (1) Automobile Dealership District Sign subject to the following requirements: (1) A dealership group is two (2) or more franchises under common ownership; (2) The Automobile Dealership District Sign shall be limited to identifying the dealership group and the brands of vehicles sold in the group; (3) The total area of the sign shall not exceed fifty (50) square feet for each dealer franchise in the group (example: a dealership group with two dealer franchises would be allowed an Automobile Dealership District Sign of up to one-hundred (100) square feet); (4) The maximum total sign area in no case shall exceed one-hundred fifty (150) square feet if the sign is a pole sign, or two-hundred (200) square feet ifit is a monument Sign; 78 (5) The square footage of the sign shall be deducted from the total aggregated signage allotted to the parcel on which the sign is placed; (6) The sign can only front on a City arterial street; (7) A master signage plan is required to be submitted prior to issuance ofthe sign permit showing the location and area of all signage of all the dealerships within the dealership group. 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. The following regulations apply to properties in residential zones. (a) Freestanding Signs: (1) Entrance Signs: One (1) freestanding sign may be permitted at each street entrance to a neighborhood, subdivision, manufactured park, apartment/condominium complex, or other homogeneous residential area provided: (i) The sign specifically identifies the development only; (ii) The sign area is fifty (50) square feet or less. (2) Multiple Family Developments: A residential development having four (4) or more dwelling units may have one (1) permanent freestanding sign per street frontage provided the total sign area does not exceed four (4) square feet. (3) Individual Properties: Each residential p~operty may have one (1) freestanding permanent sign that shall not exceed two (2) square feet in sign area; (4) Height: Freestanding signs shall have a maximum height of six (6) feet as measured from grade directly below the sign to the highest point on the sign or its support structure. (b) Building Signs. (1) The freestanding sign limitations prescribed in BMC Sections 20.52.120 (a)(l) through (3) may be applied to building signs in lieu of freestanding signs. (c) Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size and character of other such signs in the immediate neighborhood. (d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind are prohibited. 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC Section 20.52.100. In addition, the following shall apply: (a) Freestanding Signs: (1) Sign Area: The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs: Only one (1) freestanding sign allowed per each street frontage. (3) Height: The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs: (1) Sign Area: The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one-hundred (100) square feet. (2) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained. 79 (c) Illumination: When located within the Low Density Residential zone, the sign shall not be illuminated between the hours of 10:00 pM and 7:00 AM. 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS. The following standards shall apply to signs in the Downtown Core (DC), Downtown Waterfront (DW), Business Core (BC), and in the Center zones: Neighborhood Center Core (NCC), District Center Core (DCC), and Employment Center (EC). (a) Freestanding Signs. (1) Sign Area: The requirements prescribed in BMC Section 20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to exceed one-hundred (100) square feet. (2) Spacing. Freestanding signs shall be no closer than twenty-five (25) feet from adjacent properties, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible (3) Maximum Height and Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(a). (b) Building Signs: The requirements prescribed in BMC Section 20.52.1 OO(b) shall apply. ( c) Moving, flashing, or animated signs are prohibited in downtown and centers zones. 20.52.150 VARIATIONS TO SIGN REGULATIONS. (a) The Director shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided: (1) The adjustments do not exceed ten (10) percent of the basic requirement, and; (2) The adjustment is based on a hardship or problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design preference. (b) A request for adjustments beyond ten percent (10%) shall be processed as a Variance pursuant to BMC Section 20.58.030. 20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS. Sandwich board signs located with the Downtown and Centers zones may be placed on sidewalks or portions ofthe pedestrian public right-of-way subject to the following conditions: (a) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A sandwich board sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way; (c) One (1) sandwich board is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (d) Sandwich board signs shall not exceed thirty-two (32) inches in width or thirty-six (36) inches in height as displayed. (e) Sandwich board signs shall be professionally lettered, neatly painted or assembled, and remain in good repair. 80 (t) Sandwich board signs shall be constructed to avoid being blown from their intended location and to avoid tipping or falling. (g) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in Subsection (d) of this Section. (h) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a sandwich board sign. (j) Sandwich Board Signs shall not block intersection or otherwise constitute a public safety hazard. (k) Placement of sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of-way by City personnel. 20.52.170 SANDWICH BOARD AND PORT ABLE SIGNS ALL ZONES. Sandwich board signs and portable signs not located within a Downtown or Center zone are allowed in other non-residential zones subject to the following Conditions: (a) Sandwich board and portable signs must comply with the requirement set forth in BMC Sections 20.52.160(b) through (k). (b) Sandwich board signs may be located within a public right-of-way provided the sign is no more than twelve (12) inches from the face of the structure; (c) Sandwich board signs not located within the public right-of-way shall be no more than twelve (12) inches from the face ofthe structure. (d) Portable signs shall not be located within a public right-of-way and shall be located within five (5) feet of the principal commercial structure that the sign is associated. 20.52.180 NONCONFORMING SIGNS. (a) Applicability. This section applies to the maintenance, repair amortization, as appropriate, and removal of nonconforming signs. (b) Definitions (1) "Effective date of this section" means the effective date of the ordinance adopting this section, July 25,2003. (2) "Nonconforming sign" means any sign as defined in Chapter 20.42 of this code. (3) "Section" means Section 20.52.180 of this code unless otherwise defined. (c) Eligibility. Any nonconforming sign located within the City limits on the effective date of this section, or located in areas annexed to the City thereafter that does not conform to the provision of this section, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (1) A permit for the sign was obtained prior to the effective date of this section, if one was required under applicable law; or (2) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the effective date of this section. 81 (d) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (e) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (f) Legal Nonconforming Sign Permit. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within sixty (60) days of notification by the City that the sign is legal nonconforming. The permit shall be issued at no fee and shall expire at the end of the applicable amortization period prescribed in Subsection (g) ofthis section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner, or the owner of the property upon which the sign is located, and such other pertinent information as the Director may require ensuring compliance with the code, including proof of the date of installation of the sign. (3) Failure to comply. A legal non conforming sign for which no permit has been issued within the sixty (60) day period shall within 6 months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties ofBMC Section 20.40.140. (g) Amortization. (1 ) In order to ease the economic impact of this code on businesses or persons with substantiahnvestment in signs inexistence on the effective date of this section, this section provides for up to five (5) or ten (10) years, as applicable, ofthe continued use ofthe nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for Federal income tax purposes; provided, however, that whether a sign is amortized fortax purposes shall not affect the application of this section. (2) All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the effective date of this section for billboard signs and within 5 years from the effective date of this section for off-premises signs (the"amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 20.52 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to BMC 1 0.52.160, shall be discontinued, removed, or made conforming within the applicable amortization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this section through the issuance of a sign permit. A sign prohibited pursuant to BMC 20.52.040 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to this section. (3) Permitting, Removal and Amortization Exemption. The permitting, removal and amortization provision of subsections (f) and (g) of this section do not apply to any sign which would require the City to pay compensation for its removal under any Federal, State or other law, including Chapter 47.42 RCW, the Highway Advertising Control Act - Scenic Vistas Act. 82 (4) Loss of Legal Nonconforming Sign Status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when 1 or more of the following events occur: (i) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal non conforming sign is associated. (ii) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12 month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty- five percent (25%) of the assessed value of that structure based on the building permit valuation tables. (iii) Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one-hundred eighty (180) consecutive days. (iv) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include enlarging the :;;ign face, relocating the sign or replacing the sign. However, replacing any individual tenant's identification sign in either an identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (v) Change in use. There has been a change in use on the subject property as that term is defined in this chapter. (vi) Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multi-use or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs that have triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF- WAY. (a) A sign that becomes nonconforming with respect to its setback from the edge ofa public right-of-way as a result of a local, State, or Federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section. (b) The City may allow by a Type II permit as prescribed in BMC Chapter 20.02 the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (1) The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, State, or Federal government acquisition of property for right-of-way expansion and not by any action of the applicant: 83 (2) The sign is not prohibited by BMC Section 20.52.040 and, except for location within a required setback, complies with all other requirements of this section: (3) The sign complies with the City's minimum sight distance at intersection requirements pursuant to BMC Section 20.52.060. (4) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. 20.52.200 REMOVAL OF SIGNS. The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign located to the remedies and penalties ofBMC Section 20.40.140. Figure 20.52(a) Freestanding Signs Zone Specific Size and Design Requirements4 Freestanding Max. Commercial Zones Si2n Type Hei2ht Max. Sizet 2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq, ft. Neighborhood Business (NB) Monument only 6' 48 sq. ft. Limited Commercial (LC) Monument only 25' 100 sq. ft. Freeway Corridor (FC) Any 35' 100 sq. tf? Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Freestanding Max. Downtown & Centers Zones Si2n Type Hei2ht Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. 1. Maximum size is for individual freestanding signs. Total allowable freestanding sign area is based on linear street frontage per BMC Sections 20.52.010 and 20.52.140. More than one freestanding sign may be allowable. 2. Larger signs for shopping centers or professional office complexes are allowable per BMC Section 20.52.100(c). 3. Larger signs for auto dealership groups are allowable per BMC Section 20.52.110. 4. Freestanding sign size for special purpose zones not listed in this table are subject to the requirements ofBMC Section 20.52.130. 84 Chapter 20.54 NONCONFORMING PROVISIONS 20.54.010 INTENT. (a) Within the zones established by Title 20 and amendments thereto, there exist lots, structures, uses of land and structures, which were lawful at the time of their establishment, but are prohibited, regulated, or restricted under the existing zone requirements. These nonconformities are declared incompatible with the zone because they do not conform to the requirements of the zone in which they are located. (b) To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. The intent of this Chapter is to set forth the conditions under which these nonconformities may continue to exist until such time they are discontinued as prescribed by law. 20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND APPLICABILITY. (a) A party asserting the existence of a lawfully established nonconforming lot, use or structure has the burden of proof that the lot, use or structure was not substandard in meeting the requirements of the zone, which were in effect, at its creation. (b) The rules of this Chapter are applied by first reviewing which provisions are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure or a combination?) When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independent of the others. Example: a legally established single-family dwelling not allowed in the zone and not meeting setback requirements would be allowed to rebuild from substantial destruction (BMC 20.54.060(e)(2)), but the new structure would have to comply with the current setback requirements (BMC 20.54.070(c)). 20.54.030 ANNEXATION. Lots, structures, uses of land and structures that were legally in existence prior to annexation to the City, but that do not conform to the requirements of the zone in which they are located following the date of annexation, shall become a legal nonconformity subject to the requirements of this Chapter. 20.54.040 DEFINITIONS. The following definitions are applicable to this Chapter: (a) Nonconforming Lots: A lot that does not meet the lot area, width or street frontage requirements of the zone in which it is located, but was lawfully created prior to the effective date of the zone or subsequent amendments thereto. (b) Nonconforming Use: Any activity, development or condition that by the zone in which it is located is not permitted outright or as an accessory use, or is not permitted by a Conditional Use Permit or other special permitting process; but was lawfully created prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. A nonconforming use mayor may not involve buildings or structures and may involve part of or all of a building or property. (c) Nonconforming Structure: A building or structure that does not comply with the required setbacks, height, lot coverage and other development requirements of the zone in which 85 it is located, but was lawfully constructed prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. This term does not apply to any substandard condition that was legally granted a variance. (d) Substantial Destruction: For the purpose of this Chapter, substantial destruction means the repair or replacement of a building or structure, which exceeds seventy-five percent (75%) of the replacement cost of the entire building, excluding the foundations. The replacement cost shall be derived from the market value of the structure or the value as defined by the City's building code, whichever is greater. 20.54.050 NONCONFORMING LOTS. The following provisions shall apply to all lots meeting the definition in BMC Section 20.54.040( a): (a) Continuation and Development: A nonconforming lot may be developed for any use allowed by the zone provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located. (b) Illegal Lot Modifications or Split: The following is applicable to all lots: (1) No lot may be modified, divided or adjusted in a manner that would violate the dimensional or area requirements of the zone in which it is located. (2) A government agency may lawfully modify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or purpose, or is allowed otherwise by law. 20.54.060 NONCONFORMING USES. The following provisions shall apply to all uses meeting the definition in BMC Section 20.54.040(b): (a) Continuation: Any legally established nonconforming use may be continued until such time that it is discontinued as prescribed in BMC Section 20.54.060(d) or (e). (b) Change of Use: A structure or property containing a nonconforming use may be changed to the following: (1) A use that conforms to the requirements ofthe zone; or (2) Another nonconforming use provided that: (i) A Conditional Use Permit is approved pursuant to BMC 20.58.020; (ii) The existing nonconforming use was not discontinued as prescribed in BMC Section 20.54.060(d) or (e); (iii) The new use is clearly a reduction in the nonconformity and intensity ofthe existing nonconforming use; and (iv) The applicant demonstrates that there is a demand for the use in the neighborhood that provides a public benefit. (c) Expansion: A nonconforming use may not be expanded or enlarged, except under one of following circumstances: (1) Alterations are permitted provided it is within the existing physical space of the building or use. (2) Residential dwellings may have the building area expanded if the number of dwelling units is not increased above or below the requirements of the zone in which it is 86 located, there is no decrease in the number of off-street parking spaces below the minimum requirements and the addition complies with all zoning requirements. (3) The acquisition of additional accessory off-street parking is not an expansion of a nonconforming use. (d) Discontinuation: A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use ofthe property or building shall be that of a use that conforms to the requirements of the zone. A nonconforming use is determined to be discontinued if any of the following circumstances apply: (1) The nonconforming use is changed to a conforming use; (2) Another nonconforming use is approved pursuant to BMC Section 20.54.060(b)(2); or (3) The nonconforming use has ceased for a period of more than one (1) year. (e) Damage or Destruction: If a structure containing a nonconforming use experiences substantial destruction, it shall constitute a discontinuation of the nonconforming use, except the nonconforming use may be allowed to continue under any of the following circumstances: (1) The structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casl!alty. (2) The use is a detached or attached single-family dwelling located anywhere in the City. (3) A Conditional Use Permit was approved pursuant to BMC 20.54.090. (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from substantial destruction. 20.54.070 NONCONFORMING STRUCTURES. The following provisions shall apply to all structures and buildings meeting the definition in BMC Section 20.54.040( c): (a) Continuation: Any legally established nonconforming structure may be continued until such time that it is discontinued as prescribed in BMC Section 20.54.070(c). (b) Expansion: A nonconforming structure may be enlarged, extended or structurally altered provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located. (c) Damage or Destruction: A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruction of the structure shall comply with the requirements of the zone. (d) Partial Damage or Destruction: A nonconforming structure suffering from less than substantial destruction may have its nonconforming status suspended for a time period determined by the Director and be considered conforming for the purpose of improvements and repair, if : (1) The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal nonconforming status 87 shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone. (3) In no case shall the nonconfonnity be allowed to expand. (e) Repair and Maintenance: Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions. 20.54.080 NONCONFORMING LANDSCAPING. Uses which were lawfully established which do not conform to landscaping requirements need not provide additional landscaping, except: (a) Expansion of a Structure: If an existing structure or use is expanded, additional landscaping shall be provided in accordance with the requirements of Chapter 20.50 BMC. The amount of additional landscaping shall be computed only to the extent of the expansion regardless of whether existing landscaping complies with the requirements. (b) Change of Use: A change to a use that requires greater amounts of landscaping than the former use shall provide landscaping in accordance with the requirements ofBMC Chapter 20.50. The Director may modify the amount of landscaping required, if providing the required landscaping would result in a reduction of the parking below the minimum required by BMC Chapter 20.58 BMC. (c) Parking Lot: When an existing unpaved parking area is paved, it shall be landscaped in accordance with the requirements ofBMC Chapter 20.50. The Director may modify the amount of landscaping required, if the landscaping would result in a reduction of the parking below the minimum required by BMC Chapter 20.58. 20.54.090 CONDITIONAL NONCONFORMING USES. (a) Unsuitable Structures for Uses: An existing structure constructed for a use no longer allowed by the zone, which has lost its legal nonconforming status, and is not suited for other uses permitted by the zone, may have its use re-established if a Conditional Use Permit is approved pursuant to BMC Chapter 20.58.020, provided that: (1) The applicant demonstrates that the remaining life of the structure is adequate to warrant the proposed use of the structure; (2) The applicant demonstrates that an allowed use of the zone cannot be established; (3) The applicant demonstrates that there is a demand for the use in the community or region that provides a public benefit; and (4) The applicant demonstrates that the use and renovation to the structure is not inconsistent with the goals and policies of the Comprehensive Plan. 20.54.100 NONCONFORMING SIGNS. Refer to BMC Chapter 20.52 for regulations pertaining to nonconforming signs. 20.54.110 UNLAWFUL USES AND STRUCTURES. (a) Nothing in this Chapter shall be interpreted to be authorization for, or approval of, the continuation of the use of a structure that is in violation of any ordinance in effect at the time of the passage of this chapter. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and! or structure. 88 (b) Any use, structure or lot which did not comply with the zoning code requirements at the time it was established or constructed and does not comply with the current zoning code is illegal and shall be brought into compliance with the provisions ofBMC Title 20, Section III. Chapter 20.58 LAND USE PERMITS 20.58.010 GENERAL. (a) Applicability: This Chapter contains the provisions and approval criteria for land use permits applicable to Title 20. The provisions of this Chapter are applied in conjunction with BMC Chapter 20.02 (Project Permits) in establishing the appropriate review procedures and criteria by which land use permits are reviewed and a decision rendered. (b) Fees: The corresponding application fees prescribed in the fee schedules set forth in BMC Chapter 3.01, shall accompany applications. 20.58.020 CONDITIONAL USE PERMITS. (a) Authority: Uses listed as a conditional use may be permitted if a Conditional Use Permit (CUP) is approved. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a CUP. (c) Procedure: A CUP application may be processed as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in BMC Chapter 20.02. (1) The Director may require a Non-administrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative CUP to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC Section 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (d) Criteria for Approval: The City shall approve a CUP only if it is found that: (1) The use is consistent with the Comprehensive Plan goals and policies; (2) The use complies with all applicable zoning and development standards and requirements; (3) The use satisfies all ofthe conditional use approval criteria specified in the zone in which the use is located; (4) The design of the proposal and conditions of approval has mitigated all identifiable adverse impacts; (5) The use is compatible with nearby land uses and the surrounding neighborhood in terms of the level oflight and glare, noise and parking demand, hours of operation and air quality; and (6) Stipulations are made for the availability of adequate water, sewer, storm water, utilities and urban governmental services. (e) Conditions of Approval: Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a conditional 89 of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (f) Lapse of Approval: If the CUP is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. 20.58.030 VARIANCE. (a) Authority: The Variance is a mechanism that allows the provisions of Title 20 to be varied on a case-by-case basis. Approval of a Variance may only be granted when it is for relief from a dimensional standard when the requirement of such would result in an unusual or unreasonable hardship due to physical characteristics of the site, or due to existing improvements on or adjacent to the site. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Variance. (c) Procedures: A Variance application is processed as a Type III Hearing Examiner Decision pursuant to the provisions set forth in BMC Chapter 20.02. Ifthe variation would not exceed ten percent (10%) of the required dimensional standard from which relief is being sought, the Director may approve the Variance as a Type II Director Decision. (d) Criteria for Approval: The City may grant a Variance only if it is found that: (1) The variance will not be materially detrimental to the surrounding neighborhood and avoids adverse impacts on other properties and residences; (2) The variance is necessary to overcome exceptional or extraordinary hardship circumstances related to the size, shape, topography, location, or surroundings of the subject property, or the location. of a preexisting legal nonconformity that may exist on or adjacent to the site; (3) The variance will not grant relief for a self-created hardship, or for a personal or financial hardship or inconvenience; (4) The variance will only grant the subject property the same general rights enjoyed by other properties in the same area and zoned as the subject property; (5) The variance is the minimum necessary to allow the subject property the same general rights enjoyed by other property in the same area and zone; and (6) Other solutions, uses, or design options that might achieve a similar result without the need for a Variance have been evaluated and rejected. (e) Prohibited: Under no circumstances shall a Variance be granted for any of the following: (1) (2) (3) (4) To alter residential density standards. (f) Conditions of Approval: Conditions may be imposed as a conditional of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (g) Lapse of Approval: If the Variance is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6)-month extension ifthe applicant makes such a request in To alter any definition or interpretation of this Title; To alter any provision establishing a use within a zoning district; To alter any procedural provisions; or 90 writing prior to the expiration of the Variance and can show good cause for granting the extension. 20.58.040 SITE-SPECIFIC REZONE. (a) Authority: A Site-specific Rezone is a change to the zoning classification of a specific property or properties. The new zone must be consistent with the comprehensive plan and results in a change to the City's Official Zoning Map. (b) Procedures: A Site-specific Rezone application is processed as a Type IV City Council Decision pursuant to the provisions set forth in BMC Chapter 20.02. The City Council shall act on the proposal after the Administrative Hearing Examiner holds an open-record public hearing and makes a recommendation to the City Council. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site-specific Rezone. (d) Criteria for Approval: The City may grant a Site-specific Rezone only if it is found that: (1) The rezone is consistent with the Comprehensive Plan; (2) The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3) The rezone is necessary because either: (i) Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone, or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established; and (4) The rezone is in the public interest. (e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC Section 20;58.040(d)(1), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. 20.58.050 AREA-WIDE REZONES. (a) Authority: An Area-wide Rezone is a change to zoning classifications that is not site-specific. New zoning designations must be consistent with the Comprehensive Plan and approval changes the City's Official Zoning Map. (b) Applicant: Only the City may initiate an Area-wide Rezone. (c) Procedures: These are legislative actions exempt from the requirements of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission conducts public hearings for area-wide rezones and makes a recommendation to the City Council. The City Council, following its own public hearing(s) may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. (d) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 91 (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. (e) Approval Criteria: The City Council may approve an Area-wide Rezone ifit is found that: (1) (2) and ordinances. (f) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.58.050(e)(1), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. It is consistent with the comprehensive plan; and It does not conflict with other City, state and federal codes, regulations 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent and Purpose: The intent ofthe Residential Cluster Development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. The purpose of the RCD is to preserve open space, allow for innovative design and reduce impacts to sensitive environmental areas. (b) Applicability: The RCD may be applied to attached and detached single-family residential developments of three (3) or more dwellings. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (d) Procedures: A RCD may be processed either as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in BMC Chapter 20.02. (1) The Director may require a Non-administrative RCD whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest,. or is of a controversial nature. (2) The Director may convert a Type II Administrative RCD to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (e) Scope of Approval: (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage, and development coverage may be granted. (2) Approval of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires in which case the previous zoning standards automatically return. (f) Development Standards: The following standards are applicable to a RCD: (1) Lot Requirements: (i) Density: The minimum and maximum density ofthe underlying zone shall apply. Within the Low Density Residential (R-lO) zone the density shall be determined pursuant to the provisions in BMC Sections 20.60.065. For the purposes of the RCD, unbuildable environmentally sensitive areas as defined in BMC Section 21.02.280 shall be included in the area for calculating density. A right-of-way assumption shall be deducted from 92 the total area ofthe environmentally sensitive area. The assumed right of way deduction is a percentage ofthe total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. (ii) Minimum Lot Size: The minimum lot area is: a. Three-thousand (3,000) square feet within the Low Density Residential (R -10) zone. Reductions to the lot size may be allowed if an environmental sensitive area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in BMC 20.58.060(f)(1)(i). b. Zero within other zones. (2) Height: The maximum building height ofthe underlying zone may be increased provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards: Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and development coverage as prescribed in BMC Section 20.58.060(e)(1). (4) Perimeter Setbacks: Structures shall comply with the setbacks of the underlying zone along the outer perimeter lot lines of the site. (5) Circulation: (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMCTitle 11. Private streets shall be located on road tracts at least twenty (20) feet wide. (ii) Provisions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the Parking Requirements as set forth in BMC Chapter 20.48. The Director may modify these standards to best meet needs and objectives of the project provided parking will not spillover into nearby neighborhoods. (6) Screening: All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (7) Open Space: (i) Open Space Designation: The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmentally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development: Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be 93 allowed within an open space tract if the open space contains an environmentally sensitive area and development complies with all other requirements. (iii) Open Space Plan: An open space plan is required to identify all improvements, environmentally sensitive areas, significant trees pursuant to Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. (iv) Guarantee: A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title referencing the legal instrument, is required. The legal instrument may include, but is not limited to the following guarantees: a. Retention of the open space per the open space plan prescribed in BMC Section 20.58.060(f)(4)(iii); b. Provide permanent maintenance of the open space and commonly owned facilities; c. Grants to or reservations for the use of property owners all open space and commonly owned facilities within the development; d. Conveyances to property owner associations or corporation; (g) Criteria for Approval: The decision making authority may grant a RCD only if it is found that: (1) The location, design, and uses are consistent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the City's development codes and other City plans and ordinances; (2) The residential development integrates with its surroundings and is designed to harmonize with existing or proposed development in the neighborhood; (3) The traffic generated by the development can be accommodated safely and within acceptable Levels of Service for affected streets; (4) All development will adequately be served by existing or planned facilities and services; and (5) The development makes adequate and appropriate provision for the preservation of the environment, both natural and man-made, and the conservation of energy. (h) Lapse of Approval: If not acted upon within two (2) years from the date ofthe decision, approval of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can show good cause for granting the extension. 20.58.080 SITE PLAN REVIEW. (a) Authority: Site Plan Review is an evaluation of development plans to identify environmental impacts and overall compliance with applicable development regulations including zoning and engineering standards. It is a preliminary review and does not constitute approval to develop the site. (b) Applicability: Site Plan Review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for Site Plan Review. 94 (d) Procedures: A request for a Site Plan Review is processed as a Type I or Type II Director's Decision pursuant to BMC Chapter 20.02. Site Plan Review may be conducted independently or may be reviewed concurrently with a Site Development Permit set forth in BMC Section 20.58.090. When a Site Development Permit is not required, Site Plan Review may be consolidated with the review of a building permit application. (e) Application Requirements: An application for a Site Plan Review shall include the following components. The Director may modify these requirements based on the size, scope and complexity of the project. (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius ofthe property. (2) Site Plan: Containing, but not limited to, the following information: (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed. (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature. (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements. (iv) An environmental summary, inclpding such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc. (v) All property lines, easements, fences, walls, signs, and other points of reference. (vi) Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses. (3) Parking Plan: A parking plan shall be included showing all of the parking spaces, aisles, handicapped stalls, loading spaces, motorcycle spaces, setbacks and other dimensional information necessary to evaluate the project. This information may be shown on the site plan or may be a provided in a separate plan. (4) Landscape Plan: When required, a plan showing the areas of landscaping and street trees shall be provided. This information may be shown on the site plan or may be provided in a separate plan. (5) Storm Water Plan: When required, a storm drainage report and preliminary storm drainage plans shall accompany the application. (6) Water and Sewer Availability: A letter summarizing the utility service requirements per BMC Title 15 shall be obtained from the City Public Works Department and submitted with the application. (7) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. (8) Narrative: A written explanation ofthe proposal including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; 95 L (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property. (9) Plans: All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow: (f) Criteria for Approval: A site plan that complies with all applicable development regulations shall be approved, or approved with conditions. 20.58.090 SITE DEVELOPMENT PERMIT. (a) Authority: A Site Development Permit shall be required prior to constructing, enlarging, demolishing a building or structure; grading, excavating or filling of earth; or other exterior site improvements that will change the physical conditions of a site. A Site Development Permit constitutes approval for those activities to develop a site not including buildings. (b) Applicability: A Site Development Permit is required for the following activities: (1) The construction of five (5) or more residential dwelling units; (2) The construction or expansion of a structure or structures of more than four-thousand (4,000) square foot gross floor area for a non-residential use or uses; (3) Any filling, grading, excavating, placing or dumping of soil, loam, peat, sand, gravel, rock, and similar materials in excess of one-hundred (100) cubic yards; (4) Any activity or use located within an environmentally sensitive area as designated in BMC Chapter 20.14 (Critical Areas); (5) Any development or redevelopment of a site that requires street frontage improvements pursuant to BMC Section 11.12.110; (6) Any proposal that requires an engineered storm drainage system pursuant to Chapter 15.04 BMC. (7) Construction of a non-accessory surface or structural parking lot; (8) Construction of an accessory off-street parking facility of more than twenty (20) automobile spaces; or (c) Exemptions: The following are exempt from the requirement for a Site Development Permit: (1) Forest practices other than Forest Practice IV regulated under Title 222 WAC; (2) Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program; or (3) Road and utility construction and related activities undertaken by the City's Public Works Department. (d) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site Development Permit. (e) Procedures: A request for a Site Development Permit is processed as a Type I Director's Decision pursuant to BMC Chapter 20.02. The review may be conducted independently or may be reviewed concurrently with a Site Plan Review. (f) Application Requirements: An application for a Site Development Permit shall include the following components. 96 (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius ofthe property. (2) Site Plan: Contain the following information: (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subj ect parcel, both existing and proposed; (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature; (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements; (iv) An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc; (v) All property lines, easements, fences, walls, signs, and other points of reference; (vi) Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses; and (vii) Dimensional information or drawn to scale at not less than 1 inch = 50 feet. (3) Parking Plan: Showing all existing and proposed off-street parking spaces. This may be integrated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, handicapped and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection comers, and similar detail. (4) Landscape Plan: Showing details of existing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan. (5) Elevation and/ or Perspective Drawings: Drawings showing proposed structures and other major improvements. (6) Civil Engineering Drawings: "Final" plans for street frontage improvements, circulation and street lighting. (7) Final Storm Drainage Report: Storm Drainage system meeting City engineering standards. (8) Erosion & Sediment Control Plan: Erosion control plans prepared pursuant to BMC 15.04.042. (9) Phasing: If the project is designed to be permitted and! or constructed in phases, a site plan showing the phases of development and a written schedule of development is required. (10) Narrative: A written explanation ofthe proposal, including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; 97 (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of record or agents ofthe subject property. (11) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. (12) Plans: All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow. (g) Criteria for Approval: A Site Development Permit that complies with all applicable development regulations and requirements for construction shall be approved. (h) Time Limits on Approval: Approval of a Site Development Permit shall become void if building permits are not applied for or construction has not begun within one (1) year. The expiration is automatic and notice is not given. Exterior site improvements and the exterior of all structures shall be completed within three (3) years of issuance of the Site Development Permit. If the permit expires, a new Site Development Permit is required that meets the development standards in effect at the time a new permit is applied for. (i) Compliance Required: No person shall violate or fail in complying with an approved Site Development Permit or any conditions thereof. Nor shall a building permit be valid for any structure, which violates or fails to comply with apy approved Site Development Permit for the parcel(s) on which such structure is to be located. CHAPTER 20.60 LOW DENSITY RESIDENTIAL (R-10) 20.60.010 INTENT The intent of the Low Density Residential zoning district is to accommodate single- family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. 20.60.020 PERMITTED USES Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunication per BMC Section 20.46.140. (c) Day care facility of 12 or fewer persons receiving care; (d) Education & Schools (K-12) of 12 or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC Section 20.46.040; (h) Parks, playground and open space equal or less than 0.5 acres (21,780 square feet); (i) Single-unit dwelling unit - detached; 98 (j) Single-unit dwelling unit - attach (Zero lot lines) per BMC Section 20.60.060(b); (k) Worship and religious f~cilities of 20,000 square feet gross floor area or less; 20.60.030 ACCESSORY USES The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC Section 20.46.010; (b) Detached garage, carport, and parking facilities for the residents of the property; (c) Home occupation per BMC Section 20.46.030; ( d) Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. 20.60.040 CONDITIONAL USES The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020 subject to the corresponding conditions (a) Bed & Breakfast provided: (1) The operators of the business shall occul?Y the house as their primary residence; (2) No more than one (1) Full Time Equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are containedwithin the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, is required. (5) Off-street parking spaces may be reduced provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets. (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to non-resident guests for compensation are allowed; and (8) Any remodeling of the residential structure shall maintain the residential ffi nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group Residential Facilities Class I provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non-residents, additional parking spaces are required at one (1) per three-hundred (300) square feet of gross floor area used for counseling services; 99 L (6) The number of required off-street parking spaces may be reduced provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additiona11andscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior Housing Complex provided the conditions set forth in BMC Section 20.46.090 are satisfied. (d) Nursing/ Convalescent Homes provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six-hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required ifit is found necessary to mitigate any impacts to adjoining residential properties. (e) Day Care Facilities (Thirteen (13) or more persons receiving care) provided: (1 ) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each (five) 5 children based on the state license maximum occupancy load; (4) One (1) loading! unloading space without back up is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets. (6) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet provided it enhances safety and security of an outdoor play area. (f) Adaptive Reuse of Public and Semi-Public Buildings provided the conditions set forth in BMC Section 20.46.070 are satisfied. (g) Manufactured Home Park or Expansion of Existing Parks provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; 100 (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshall is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshall and City Engineer shall approve all fire turnarounds. (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least Fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum often (10) foot separation between all manufactured homes. (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum (five) 5-foot high by (five) 5-foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; (10) Ten percent (10%) of the site shall be maintained as common recreational open space for the use of residents and (i) May include community areas and facilities such as playgrounds, swimming pools, hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoy of the residents; (11) Trees meeting the standards set forth in BMC Chapter 20.50 shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; 101 (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. (h) Worship and Religious Facilities greater than 20,000 square feet provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed inBMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i) Golf Course provided: (1) A site plan review and a site development permit are approved pursuant to BMC Chapter 20.58. (2) Through the Conditional Use Permit modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the p.,eighborhood. (j) Schools, Parks and Associated may be approved in accordance with the following: (1) The following uses are permitted through approval of a Conditional Use Permit: (i) All public schools and associated gymnasium and auditorium; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (0.5) acres; (iv) Outdoor Athletic Fields; (v) Boat Launching and related facilities; (vi) Maintenance & Service Yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than 2,000 square feet gross floor area; (ix) Buildings and Structures for nonprofit groups on public lands; (2) Uses permitted pursuant to BMC Section 20.60.040(j)(1) shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) Landscaping is provided meeting the minimum requirements for non-residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (iv) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and 102 (v) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet provided it enhances safety and security around an outdoor play area. (k) Public Utility Facilities located above ground provided: (1) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (1) Law Enforcement and Fire Facilities provided: (1) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall !pay be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Neighborhood Businesses provided: (1) The use is listed as a permitted use in BMC Section 20.82.020; (2) The use is a pre-existing use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its existing footprints. (c) Senior Housing Complex provided the conditions set forth in BMC Section 20.46.090 are satisfied. 20.60.060 DEVELOPMENT STANDARDS (a) Lot Standards: Lot development requirements shall be in accordance with BMC Section 20.60.060 and the following standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet: (3) Maximum structure height in R-I0 areas within the Downtown Regional Center shall be pursuant to figure 20.74 (a) and shall supercede BMC section 20.60.060 (2) above. (4) Minimum lot width is thirty (30) feet; (5) Maximum building coverage is sixty percent (60%). (b) Zero Lot Line (ZLL) Development An attached single-family dwelling and! or garage structure may have a single shared side or rear lot line, and a setback reduced to zero provided the structure complies with building code fire separation requirements. 103 (c) Detached Structures: The following standards shall apply to attached garages and detached accessory structures. (1) The maximum garage/carport (attached or detached) area shall be five- hundred (500) square feet of gross floor area plus ten percent (10%) of gross floor area of a-the principal residential use, provided: (i) The garage/carport does not exceed 1,000 square feet; (ii) The square footage of anyone garage/carport structure may be increased up to a maximum of2,000 square feet of gross floor area if the setback from all property lines is increased an additional five (5) feet over the minimum setback requirement for each additional one-hundred (100) square feet of structure area exceeding 1,000 square feet. (2) In addition to the requirements prescribed in BMC Section 20.60.060( c)(1), the maximum area of all accessory structures, including attached and detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC Section 20.46.010, is fifty percent (50%) of the gross floor area of the principal use or five-hundred (500) square feet, whichever is greater, subject to maximum lot coverage standards. (3) Maximum height of detached accessory structures (including garages) shall not exceed the height of the principal structure. (4) Setback of detached accessory structures)s pursuant to BMC Section 20.44.060. (d) Garage Door Setbacks: When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least twenty (20) feet, except as provided in BMC Section 20.44.020 (Traditional Front Yard Setbacks). (e) Lot Area for Parks & Schools: Parks and schools may exceed maximum lot area requirements if approved by a Conditional Use Permit. 20.60.065 ALLOWABLE DENSITY AND LOT AREA The purpose of this Section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development at densities equal to or slightly higher than existing residential densities in the vicinity, to encourage neighborhood compatible infill over time. The following density and lot area standards are applicable to development within the zone: (a) Minimum Density: The minimum required density is five (5) dwellings per acre. (b) Maximum Density: The maximum allowed density is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding density: Neighborhood Average Lot Area: Maximum Density Allowed (Net) (Dwellings Per Acre): (1) 7,200 sq ft or greater (2) 6,200 sq ft to 7,199 sq ft (3) 5,500 sq ft to 6,199 sq ft (4) 5,000 sq ft to 5,499 sq ft (5) Less than 5,000 sq ft 6 7 8 9 10 104 (c) Maximum Lot Area: The maximum lot area is 8,712 square feet, with the following exceptions: (1) The lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060; (2) One (1) lot within a proposal for a division ofland may exceed 8,712 square feet provided the remaining lots do not exceed the 8,712 square feet maximum lot size; and (3) A Flag Lot that complies with the requirements in BMC Section 20.44.100 may exceed the 8,712 square feet provided the total area of the Flag Lot does not exceed 13,068 square feet. (d) Minimum Lot Area: The minimum allowed lot area is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding lot area: Neighborhood Average Lot Area: Minimum Lot Area Allowed: (1) 7,200 sq ft or greater (2) 6,200 sq ft to 7,199 sq ft (3) 5,500 sq ft to 6,199 sq ft (4) 5,000 sq ft to 5,499 sq ft (5) Less than 5,000 sq ft 7,200 sq ft 6,200 sq ft 5,500 sq ft 5,000 sq ft 4,300 sq ft (e) Exception to Minimum Lot Areas and Maximum Density: (1) The minimum lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060, provided the development complies with the maximum density requirement set forth in BMC Section 20.60.065(b). (2) The minimum lot area in a center may be modified pursuant to BMC section 20.60.066 (c) (f) Determining Neighborhood Compatibility and Neighborhood Average Lot Area: New development is required to be compatible with the density of the surrounding neighborhood. Compatibility is determined by calculating the average lot area of all existing lots within three-hundred (300) feet from the outer boundaries of the site subject to the following standards: (1) All lots greater than 8,712 square feet shall be rounded down to 8,712 square feet to determine average lot area; (2) The current platted and un-platted tax lot boundaries recorded with the Kitsap County Assessor shall be used to determine average lot area; (3) Flag Lots meeting the requirements in BMC Section 20.44.100 shall have their lot area divided by one and one-half (1.5) to be used to determine lot area; (4) All lots containing two (2) or more dwelling units (not including Accessory Dwelling Units) shall be rounded down to 4,300 square feet to determine average lot area; (5) All lots with commercial, industrial, or special district zoning shall not be included in the average lot area calculation. 105 20.60.066 ALLOWABLE DENSITY AND LOT AREA IN A CENTER When a property zoned Low Density Residential, is located within an area designated a Neighborhood or District Center by the Comprehensive Plan, the following density and lot area standards apply: (a) Minimum Density: The minimum required density is five (5) dwellings per acre. (b) Maximum Density: The maximum allowed density is fifteen (15) dwellings per acre. (c) Minimum Lot Area: The minimum allowed lot area is 3,000 square feet, except as modified by the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060. (d) Maximum Lot Area: The maximum lot area is pursuant to BMC Section 20.60.065( c). 20.60.080 OFF-STREET PARKING REQUIREMENTS Off-street parking shall be provided in accordance with the requirements set forth in BMC Chapter 20.48. 20.60.090 LANDSCAPING REQUIREMENTS Landscaping shall be provided in accordance with the ryquirements set forth in BMC Chapter 20.50. 20.60.100 SIGN STANDARDS Signs shall meet the standards ofBMC Chapter 20.52 and the following: (a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted Bed & Breakfast provided it matches the architectural features of the primary residence. Chapter 20.62 COMMERCIAL CORRIDOR (CC) 20.62.010 INTENT The intent of the Commercial Corridor district is to provide locations for high intensity commercial uses serving the entire community while preserving maritime views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian friendly, transit supporting corridor. 20.62.020 PERMITTED USES The following uses are permitted outright: (a) The following uses provided they do not exceed 20,000 square feet gross floor area: (1) Automobile service and repair excluding outdoor display areas for cars, boats, or other vehicles; (2) Community facility; (3) Day care; (4) Drinking place; (5) Drive-through facility; 106 (b) 20.46.140. (c) (d) (e) (1) (g) (6) Education and school; (7) Entertainment use; (8) Finance, insurance and real estate; (9) General office and business service; (10) General retail; (11) Medical office and clinic; (12) Personal service; (13) Physical fitness and health club; (14) Restaurant; (15) Senior center; Co-location of wireless telecommunications facilities per BMC Section Hotel and lodging place; Museum and gallery; Non-motorized outdoor recreation facility; Public administration use; Residential as a secondary use. 20.62.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020. (a) Hardware and materials supply stores including garden supply, provided: (1) The structure(s) is less than 20,000 square feet of gross floor area; (2) Outdoor storage and product display shall be screened from view by a solid fence or wall; (3) No loading areas shall be located in a front yard or side yard abutting or located across from a residentially zoned property; and (4) Outside storage is limited to 5,000 square feet (b) Gas stations and car washes, provided: (1) No more than two (2) points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated in accordance with City Engineering Requirements. (2) Buffering is provided pursuant to BMC Section 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction, shall be included at intervals not greater than fifteen (15) feet. (3) or less of materials. 20.62.060 DEVELOPMENT STANDARDS (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: Five (5) feet. At least sixty-five percent (65%) of the building's front fac;ade must meet the maximum front yard setback; (2) Minimum side yard setback: Zero (0) except as follows: (i) Residential uses abutting the low density residential zone: Ten (10) feet; 107 (ii) Non-residential uses abutting the low density residential zone: Sixty (60) feet; (3) Minimum rear yard setback. Zero (0); except as follows: (i) Residential uses from the Low Density Residential zone: Ten (10) feet; (ii) Non-residential uses from the Low Density Residential zone: Sixty (60) feet; (4) No maximum density for secondary residential uses. (5) Maximum building coverage. Fifty percent (50%) unless increased per Subsection 20.62.060(b). In no case shall maximum lot coverage exceed seventy-five percent (75%) (6) Maximum development coverage is seventy-five percent (75%) unless increased per BMC section 20.62.060(b). In no case shall maximum lot coverage exceed ninety- five percent (95%). (7) Maximum height. Forty-five (45) feet, except that structures within one hundred (100) feet of the low density residential zone shall not exceed thirty-five (35) feet in height. (8) Maximum building heights within the Downtown Regional Center are pursuant to Figure 20.74(a), and shall supercede BMC Section 40.62.060(a)(7) above. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above: (1) Commercial/ Residential Mixed-Use Development: Twenty percent (20%) bonus; (2) Development containing seventy-five percent (75%) of the building footprint with three (3) and four (4) story buildings: Ten percent (10%) bonus; (3) Ten percent (10%) bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: Five percent (5%) bonus; (5) Fifty percent (50%) of off-street parking is provided underground or within a building designed for occupancy: Twenty percent (20%) bonus. 20.62.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least two (2) ofthe following criteria shall be used to reduce the appearance of mass and bulk of the fayade of all buildings facing public streets. (1) Upper floor setbacks of not more than ten (10) feet provided the setbacks are not applied to more than twenty-five percent (25%) of building fayades facing a public street. (2) One or more of the following techniques: (i) recessing the entrance area at least three (3) feet. (ii) an entrance area that protrudes at least three (3) feet. 108 ~- (iii) a canopy, portico or overhang extending at least five (5) feet over the sidewalk inthe entrance area (3) Buildings with at least five (5)foot overhangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least fifty percent (50%) of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Sight-obscuring landscape buffering shall be provided along property lines adjacent to commercial corridor and Low Density Residential zones pursuant to the standards set forth in BMC Section 20.50.050(b). (c) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to BMC Section 20.50.050(b). (d) Refuse containers (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme ofthe associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall. not be visible from outside the refuse enclosure. 20.62.080 PARKING REQUIREMENTS On-site parking shall be provided in accordance with BMC Chapter 20.48, and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty percent (50%) of the site frontage facing the arterial street. (b) Parking shall not be placed on street comers. ( c) Access to parking may be from adj acent non-arterial streets, or from driveways off of the arterial. (d) Driveways providing access to parking area shall be well marked. 20.62.090 LANDSCAPING REQUIREMENTS The landscaping requirements set forth in BMC Sections 21.02.690 through 740, or as otherwise modified in this chapter, shall be satisfied. 20.62.100 SIGN STANDARDS Signage shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. Chapter 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) 20.64.010 INTENT. The intent of the Wheaton Way Redevelopment Corridor zone is to provide for the transition over time ofthe corridor away from suburban style strip commercial development. The WWRC zone seeks to create a mixed-use, high density, corridor that will enable a full range 109 of commercial uses oriented closer to the street, and medium to high density residential uses above or on portions of larger sites away from the street frontage. The zone seeks to balance the needs of automobile oriented businesses with a desire to incorporate a more pedestrian oriented design approach. Introduction of residential use within the corridor is intended, in part, to support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to provide adequate transitions to less intense adjacent zone districts. 20.64.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) (b) (c) 20.46.140; (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (0) (P) (q) (r) (s) 20.46.140. All residential uses except Class II group residential; Automobile service and repair; Co-location of wireless telecommunications facilities per BMC Section Community facility; Drinking places; Drive-through facility; Entertainment use; Finance, insurance and real estate; General office and business service; General retail; Hotel and lodging place; Medical office and clinic; Museum and gallery; Park, playground and open space; Personal service; Physical fitness and health club; Public administration use; Restaurant; Co-location of wireless telecommunications facilities per BMC Section 20.64.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020: (a) Hardware and materials supply stores including garden supply, provided: (1) The structure is less than 20,000 square feet of gross floor area; (2) Outside storage shall be entirely screened from view by a solid fence or wall; (3) Outside storage is limited to 5,000 gross square feet or less of materials. (b) Gas stations and carwashes, provided (1) No more than two points of ingress/egress allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements; (2) Buffering is provided pursuant to BMC Section 20.50.050, and in addition, , trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet 110 above ground at time of planting and/or construction, shall be included at intervals no greater than fifteen (15) feet. 20.64.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback is five (5) feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per BMC Section 20.64.070 or equivalent. At least sixty.;.five percent (65%) of the building's front fa<;ade must meet the maximum front yard setback; (2) Minimum side yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (3) Minimum rear yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (4) Maximum building coverage. Fifty percent (50%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed seventy-five percent (75%); (5) Maximum development coverage. Seventy-five percent (75%) unless increased per BMC Section 20.64.060(c). In no case shall maxitnum lot coverage exceed ninety- five percent (95%); (6) Maximum height. Forty (40) feet, except that structures within one hundred (100) feet ofthe Low Density Residential zone shall not exceed thirty-five (35) feet in height. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above: (1) Commercial! Residential Mixed-Use Development: Twenty percent (20%) bonus; (2) Development containing seventy-five percent (75%) of the building footprint with three (3) and four (4) story buildings: Ten percent (10%) bonus; (3) Ten percent (10%) bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five (5) percent bonus; (5) Projects providing at least fifty percent (50%) of their required parking underground or within the building: twenty percent (20%) bonus; (c) Maximum residential density. Twelve (12) units per acre, except on sites in single ownership larger three (3) acres, residential density may be increased to a maximum density of twenty (20) units per acre provided that: (1) Site design provides for internal circulation connections for both pedestrians and vehicles between all portions of the site; (2) Landscaping and/or screening adjacent to a single-family zone district shall be provided per BMC Section 20.50.040(c); (3) A transit stop with shelter is provided at the arterial street frontage. 111 (d) Commercial uses shall bel ocated within two-hundred (200) feet 0 f t he arterial street frontage. 20.64.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least two (2) of the following criteria shall be used to reduce the appearance of mass and bulk of the fa<(ade of all buildings facing public streets. (1) Upper floor setbacks of not more than ten (10) feet provided the setbacks are not applied to more than twenty-five percent (25%) of building fa<(ades facing a public street. (2) One or more ofthe following techniques: (i) Recessing the entrance area at least three (3) feet; (ii) An entrance area that protrudes at least three (3) feet; or (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot overhangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least fifty percent (50%) ofthe ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Residential uses shall be placed only on upper floors of mixed use structures in which ground floors are occupied with non-residential uses, except that on sites in single ownership larger than three (3) acres, single use residential structures are permitted if screened from major arterials by mixed use structures or structures containing other permitted non- residential uses only. Such screening structures must comprise at least sixty-five percent (65%) ofthe arterial frontage to a height of thirty-five (35) feet. (c) Sight-obscuring landscape buffering shall be provided along property lines adjacent to commercial corridor and low density residential zones pursuant to the standards set forth in BMC Section 20.50.050(b). (d) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to BMC Section 20.50.050(b).. (e) Refuse containers, provided: (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme ofthe associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; and (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. 20.64.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with BMC Chapter 20.48 and the following standards shall be met: 112 (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than forty percent (40%) of the site frontage facing the arterial street. (b) Parking shall not be placed on street comers. ( c) Access to parking may be from adjacent non-arterial streets, or from driveways off of the arterial. (d) Driveways providing access to parking area shall be well defined, highly visible entry-ways. (e) On street parking shall be allowed to help satisfy parking requirements provided paved street widths provide adequate room pursuant to city standards for on-street parking. 20.64.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.52, or as otherwise modified in this chapter. 20.64.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. Chapter 20.66 NEIGHBORHOOD CENTER CORE (NCC) 20.66.010 INTENT The intent ofthe Neighborhood Center Core (NCC) zone is to establish base threshold standards for the central core of neighborhood centers that preserve future opportunity for full realization of the centers concept. The NCC designation assumes that future amendments to the zone code will more fully implement the centers intent. 20.66.020 PERMITTED USES Permitted Uses include: (a) (b) 20.46.140; (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) Bed and Breakfast; Co-location of wireless telecommunications facilities per BMC Section Community facility; Drinking place; Entertainment use; Finance insurance and real estate General office and business service; General retail; Hotel and Lodging Place containing ten (10) or fewer guest rooms; Medical office and clinic; Museum and gallery; Park, playground and open space; Personal service; Public administration; 113 (0) Transportation facility; (p) Residential as a secondary use; (q) Restaurant; (r) Transportation facility. 20.66.050 PROHIBITED USES (a) Drive-through lanes. 20.66.060 DEVELOPMENT STANDARDS (a) Front yard setback. No minimum front yard setback. The maximum front yard setback shall be ten (10) feet. At least eighty percent (80%) of the building's front fayade shall meet the maximum front yard setback. (b) Side yard setback. Zero (0), except ten (10) feet where abutting the low density residential zone. (c) Rear yard setback. Zero (0), except ten (10) feet where abutting the low density residential zone. (d) There is no maximum density for residential as a secondary use.. (e) Maximum building coverage: Sixty percent (60%) base maximum, provided that through the use of any combination of the following, building coverage may be increased up to eighty-five percent (85%) maximum. (1) Projects containing mixed uses: twenty percent (20%) bonus. (2) Projects within two (2) or three (3) story building: ten percent (10%) bonus. (3) Projects providing a pedestrian oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection comer, bus stop or other key pedestrian area approved by the city. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify ifthey would be readily apparent and accessible to pedestrians on adjoining sidewalks: ten percent (10%) bonus. (4) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five percent (5%) bonus. (5) Projects providing at least fifty percent (50%) of their required parking underground or within the building: twenty percent (20%) bonus. (f) Maximum development coverage: Maximum coverage by impervious surfaces seventy-five (75%), provided that through the use of any combination of the mechanisms listed in BMC Sections 20.66.060(d)(1-5) above, up to ninety-five percent (95%) maximum development coverage may be allowed. (g) Maximum building height: thirty-five (35) feet. 20.66.070 DESIGN STANDARDS (a) Building Design. The following guidelines apply to mixed-use, and commercial structures only; (1) To enhance the pedestrian environment, commercial uses shall include large windows, along any ground floor fayade facing the public sidewalk or sidewalks providing 114 circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five percent (75%) of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along any ground floor facade facing the public sidewalk; outdoor eating areas, street furniture such as benches, bike racks and trash receptacles, plantings in window boxes, public art, or public display cases, kiosks, or boards. (3) Building entrances shall be easily identifiable from the street and sidewalks. This may be accomplished by (i) ornamentation and/or architectural detailing around the door, and (ii) one or more of the following techniques: a. Recessing the entrance area at least three (3) feet. b. An entrance area that protrudes at least three (3) feet. c. A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the structure. This can be achieved by utilizing any combination of at least two the following; (i) Setback of upper floors by at leasJten (10) feet. However, such setbacks shall not be applied to more than fifty percent (50%) of a facade facing a major arterial. (ii) recessed or protruding doorways per section 3b above. (iii) overhangs awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) window fenestration per BMC Section 20.66.060(a)(1) above. (5) Building size. Structures shall not exceed 20,000 square feet in ground floor area. (6) Blank facades. Building facades shall not present a blank fayade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (7) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building comer that provides visual emphasis at the comer. This may be accomplished in one or more of the following ways; (i) The inclusion of a major entryway at the comer. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten percent (10%). (iii) A plaza at the comer that includes a fountain, artwork, or planting of at least ten (10) feet in height. (b) Site Design. In addition to other guidelines provided in this Chapter, site design shall meet the following requirements: (1) Retail structures shall not be set back more than ten (10) feet from the public right-of-way. In addition, retail structures shall be either mixed use structures with residential or office uses above or be constructed so as to allow future addition of at least one additional story containing residential or office uses. 115 (2) Street Trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Trees shall be spaced per BMC Chapter 20.50 BMC and be; ofa species appropriate for location near or in sidewalks; of a species allowing pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable of attaining at least twenty (20) feet in height at maturity. Trees shall not be less than two (2) inch caliper at time of planting. (3) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. (4) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be placed in an enclosure as per BMC Section 20.46.140. No garbage enclosure shall be permitted between a street and the front of a building; 20.66.080 PARKING REQUIREMENTS Parking shall meet the standards ofBMC Chapter 20.48 and the following requirements: (a) For non-residential uses, the minimum parking requirement is one (1) space per employee, plus one (1) handicapped accessible space; (b) On site parking for non-residential uses shall not exceed one (1) space per three hundred 300 square feet of floor area; (c) On-site parking shall be to the rear of buildings facing the arterial street (d) Access to parking shall be provided from the adjacent public facilities per the following priority: (l) First, from an alley if available: (2) If an alley is not available, from a non-arterial street, if available; (3) If neither an alley nor a non-arterial street are available, from an arterial. Project applicants shall be required to demonstrate to the satisfaction ofthe City that access design has been considered with the following priorities. The applicant and shall demonstrate that the proposed access is provided from the highest priority facility per the above list. (e) Driveways providing access to parking shall be well marked. (f) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (l) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses. (2) When a use is non-conforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. 20.66.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of BMC Chapter 20.50. 20.66.100 SIGN STANDARDS Signs shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. 116 Chapter 20.70 DISTRICT CENTER CORE (DCC) 20.70.010 INTENT. The intent of the District Center Core (DCC) zone is to establish base threshold standards for district centers that preserve future opportunity for full realization of the centers concept. The DCC designation assumes that future amendments to the zone code will more fully implement the centers intent. 20.70.020 OUTRIGHT PERMITTED USES The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless telecommunication facility per BMC Chapter 20.46.140; (c) Community facility; (d) Day care facility; (e) Drinking place; (f) Entertainment use; (g) Finance, insurance and real estate; (h) General office and business services; (i) General retail; (j) Group residential facilities class I; (k) Hotel and lodging place; (1) Medical office and clinic; (m) Motion picture theatre; (n) Museum and gallery; (0) Nursing / convalescent home; (p) Park playground and open space; (q) Personal services business; (r) Physical fitness and health club; (s) Public or private park, playground or open space; (t) Public administration; (u) Residential as a secondary use; (v) Restaurant; (w) School and education; (x) Senior housing complex (y) Transportation facility 20.70.050PROHIBITED USES. (a) Drive-through lanes. 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: 117 (a) Front yard setback. No minimum front yard setback. The maximum front yard setback is ten (10) feet. At least eighty percent (80%) ofa building's front fayade shall meet the maximum front yard setback. (b) Side yard setback. Zero (0) from non-residential zones, and ten (10) feet from the low density residential zone. (c) Rear yard setback. Zero (0) from non-residential zones, and ten (10) feet from the low density residential zone. (d) There is no maximum density for residential as a secondary use. (e) Maximum building coverage: Sixty percent (60%) base maximum, provided that through the use of any combination of the following, building coverage may be increased up to eighty-five (85%) maximum. (1) Projects containing mixed uses: ten percent (10%) bonus. (2) Projects with three (3) or four (4) story building: ten percent (10%) bonus. (3) Projects providing a pedestrian oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection comer, bus stop or other key pedestrian area approved by the city. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more ofthe following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty percent (20%) bonus. (4) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five percent (5%) bonus. (5) Projects providing at least fifty percent (50%) of their required parking underground or within the building: twenty percent (20%) bonus. (f) Maximum lot coverage: Maximum lot coverage by impervious surfaces, seventy- five (75 %) maximum, provided that through the use of any combination ofthe mechanisms listed in BMC Section 20.70.060(E)(l) through (5) above, up to ninety-five (95%) maximum development coverage may be allowed. (g) Maximum building height: 50 feet. 20.70.070 DESIGN STANDARDS. (a) Building Design. (1) To enhance the pedestrian environment, commercial uses shall include large windows, along any fayade facing the public sidewalk or sidewalks providing circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five percent (75%) of all such facades, measured to ten (10) feet above the sidewalk or surface grade, be comprised of such windows. (2) At least one (1) of the following amenities shall be required along building facades facing the public sidewalk; outdoor eating areas, street furniture such as benches, bike racks and trash receptacles, plantings in window boxes. (3) Building entrances shall be easily identifiable from the street and sidewalks. This may be accomplished by: (i) Ornamentation and/or architectural detailing around the door, and (ii) One (1) or more of the following techniques: 118 a. recessing the entrance area at least three (3) feet; b. an entrance area that protrudes at least three (3) feet; c. a canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the structure. This can be achieved by utilizing any combination of at least two (2) of the following: (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty percent (50%) of a facade facing a major arterial. (ii) Recessed or protruding doorways per BMC Section 20.70.070(3)(iii) above. (iii) Overhangs awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per BMC Section 20.70.060(a)(1) above. (5) Blank facades. Building facades shall not present a blank fayade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (6) Structures at the intersection oftwo (2) arterial streets shall include a significant architectural feature at the building comer that provides visual emphasis at the comer. This may be accomplished in one or more of the following ways: (i) The inclusion of a major entryway at the comer. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder ofthe building by at least ten percent (10%). (iii) A plaza at the comer that includes a fountain, artwork, or planting of at least ten (10) feet in height. (b) Site Design. In addition to other standards provided in this Chapter, site design shall meet the following requirements. (1) No less than thirty percent (30%) ofthe frontage of a site along arterial streets, as measured in lineal feet, shall be occupied by commercial structures set back ten (10) feet or less from a public right-of-way. In addition, such commercial structures shall be either mixed use structures with residential or office uses above or be constructed so as to allow future addition of at least two (2) additional stories containing residential or office uses. (2) Street Trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches ofthe tree base. Trees shall be spaced per BMC Chapter 20.50 and be; of a species appropriate for location near or in sidewalks; of a species allowing pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable of attaining at least twenty (20) feet in height at maturity. Trees shall not be less than two (2) inch caliper at time of planting. (3) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. 119 (4) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be placed in an enclosure per BMC Section 20.46.140. No garbage enclosure shall be permitted between a street and the front of a building. 20.70.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48 and the following requirements: (a) For non-residential uses, the minimum parking requirement is one (1) space per employee, plus one (1) handicapped accessible space. (b) On site parking for non-residential uses shall not exceed one space per three- hundred (300) square feet of floor area. (c) On-site parking shall be to the rear of buildings facing the arterial street. (d) Access to parking shall be provided from the adjacent public facilities per the following priority; (1) (2) (3) If neither an alley nor a non-arterial street are available, from an arterial. (e) Project applicants shall be required to demonstrate to the satisfaction ofthe City that access design has been considered with the following priorities. The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list. (f) Driveways providing access to parking shall be well marked. (g) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses. (2) When a use is non-conforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. First, from an alley if available; If an alley is not available, from a non-arterial street, if available; 20.70.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50. 20.70.100 SIGN STANDARDS. Signs shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.74 BUSINESS CORE (Be) 20.74.010 INTENT. The intent of this zone is to offer well-integrated employment, shopping and residential opportunities as integral part of the Downtown Regional Center. Long-term surface parking and other automobile related uses are discouraged. Pedestrian-oriented day and nighttime activities 120 are encouraged. Residential uses are highly encouraged, particularly on upper floors and around the periphery of the zone. 20.74.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Accessory parking facility; (b) Bed and breakfast; (c) Co-location of wireless telecommunication facility per BMC Chapter 20.46.140; (d) Communication! broadcasting facility; (e) Community facility; (f) Day care facility; (g) Detoxification center; (h) Finance, insurance and real estate; (i) General office and business services; (j) General retail; (k) Group residential facilities class I; (1) Hotel and lodging place; (m) Indoor automobile sales, service, repair, or car wash; (n) Indoor entertainment use; (0) Indoor recreational facility; (p) Medical office and clinic; (q) Motion picture theatre; (r) Museum and gallery; (s) Parking structure; (t) Personal services business; (u) Physical fitness and health club; (v) Public or private park, playground or open space; (w) Public administration. (x) Public facility; (y) Residential use of all types; (z) Restaurant and drinking place; (aa) Schools and education use; (bb) Social services facility; (cc) Transportation facility; (dd) Welfare and charitable services and facility; (ee) Worship and religious facility. 20.74.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards, unless allowed for by law otherwise: (a) There is nomaximurn density for residential uses; (b) Maximum height is pursuant to Figure 20.74(a); (c) Maximum front yard setback is ten (10) feet. At least eighty percent (80%) of a building's front fas;ade must meet the maximum front yard setback (d) There are no minimum requirements for building coverage, development coverage, lot size or lot width; 121 (e) Minimum side yard setback: Zero (0), except ten (10) feet where abutting the low density residential zone; (f) Minimum rear yard setback: Zero (0), except ten (10) feet where abutting the low density residential zone. 20.74.070 DESIGN STANDARDS. (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. (b) Landscaping: Landscaping shall be provided in accordance with the following standards: (1) Street trees shall be provided at no less than three (3) trees per one- hundred (100) linear feet of lineal street frontage. Performance standards shall be pursuant to BMC Chapter 20.50. (2) Surface parking areas, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination oftrees (with no fewer than three (3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches and no higher than thirty (30)-inches may be substituted for shrubs. (c) Screening of Parking: The street-facing, grounQ: level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (d) Building Fa~ade: Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area ofthe building fayade approximately fifteen (15) feet in height above the street grade. (e) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (f) Change of Use or Rehabilitation of Existing Building: When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (1) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48; (2) Interior alterations within the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and (3) Existing site improvements and! or the building create such a restriction on the land that landscaping and parking cannot be reasonably accommodated. 20.74.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. 122 20.74.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.75 DOWNTOWN CORE 20.75.010 INTENT The intent of this zone is to focus commercial, entertainment, cultural, civic uses and urban residential into an intense, compact, walkable area served by public transit. 20.75.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Community facility; (b) Drinking places; (c) Education and school; (d) Entertainment use; ( e) Finance, insurance and real estate; (f) General retail; (g) General office and business services; (h) Hotels and lodging places; (i) Medical office and clinic; (j) Motion picture theatre; (k) Museum and gallery; (1) Park, playgrounds and open space; (m) Parking structure (n) Personal service business; (0) Public administration; (p) Restaurants; (q) Residential uses of all types; (r) Transportation facility; (s) Worship and religious facilities. 20.75.050 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/manufacturing uses; (b) Drive-through facility; (c) Automobile sales, service, repair or car wash; (d) Storage of equipment and materials; ( e) Adult entertainment; (f) Work release facilities; (g) Commercial surface parking lots, not serving a permitted use. 123 20.75.060 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: (1) The Floor Area Ratio of all residential uses shall not exceed two (2); (2) The Floor Area Ratio of all non-residential uses shall not exceed one (1); (3) The Floor Area Ratio of residential uses may be increased to six (6) when an amenity is provided pursuant to BMC Section 20.75.065. (4) The Floor Area Ratio of non-residential uses may be increased to three (3) when an amenity is provided pursuant to BMC Section 20.75.065. (5) All new development shall have a minimum Floor Area Ratio of one (1). (6) For the purpose of this Chapter, hotels shall be considered residential uses. (7) The Floor Area Ratio for nonresidential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenities may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (8) For the purpose of this Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(a). For the purpose ofthis Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. 20.75.065 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC Section 20.75.040. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One of the following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1) The space is at least ten percent (10%) of the site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. 124 (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room(s) available to the public; (2) Day care; (3) Museum; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost of the item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and! or (vii) Tile work. 20.75.070 DESIGN STANDARDS (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (c) Building Fa~ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five percent (35%) of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC Section 20.76.065. (2) At least fifty percent (50%) of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and 125 (3) At least seventy-five percent (75%) of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20. 75.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in BMC Chapter 20.48, the automobile off-street parking spaces shall be provided in accordance with the following standards: (a) Non-residential uses shall provide at least one (1), but not more than four (4), off- street parking space per one-thousand (1,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (1,000) square feet of gross floor area. (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.75.090 LANDSCAPING. For the purpose ofthis Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer thanthree (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one- hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2 1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 20.75.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. 20.75.110 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or a change in use or tenancy occurs, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC Section 20.48.020( c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five percent (25%). 126 CHAPTER 20.76 DOWNTOWN WATERFRONT 20.76.010 INTENT. The intent ofthis zone is to provide for an array of uses related to the water, multi-modal transportation facilities, view corridors, public access and residential. 20.76.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Drinking places; (b) General office and business services comprising no more than twenty-five percent (25%) of the total gross floor area of a mixed-use development; (c) General retail, including marine retail; (d) Hotels and lodging places; ( e) Parks, playground and open spaces; (f) Residential uses of all types; (g) Restaurants; (h) Structured parking with other permitted use; (i) Transportation facility. 20.76.050 PROHIBITED USES. The following uses are specifically prohibited: (a) Adult entertainment; (b) Automobile sales, service, repair and car wash; (c) Boat sales, storage and repair; (d) Commercial surface parking lots, not serving a permitted use; (e) Drive-through Facilities and drive-through lanes; (f) Light and heavy industrial/manufacturing uses; (g) Stand-alone commercial parking not serving a permitted use. (h) Storage of equipment and materials; (i) Wark release facilities; 20.76.060 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: (1) The Floor Area Ratio of all residential uses shall not exceed one (1); (2) The Floor Area Ratio of all non-residential uses shall not exceed one-half (0.5); (3) The Floor Area Ratio of residential uses may be increased to two (2) when an amenity is provided pursuant to BMC Section 20.76.065 (4) The Floor Area Ratio of non-residential uses may be increased to one (1) when an amenity is provided pursuant to BMC Section 20.76.065. (5) For the purpose of this Chapter, hotels shall be considered residential uses. (6) The Floor Area Ratio for nonresidential uses and residential uses within a given development are individually calculated for each use and may be added together for a 127 combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenIties may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (7) For the purpose ofthis Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(A). For the purpose ofthis Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. (c) View Corridors shall be provided pursuant the requirements of the Shoreline Master Program. 20.76.065 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC Section 20.76.060. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One ofthe following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1) The space is at least ten percent (10%) of the site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room(s) available to the public; (2) Day care; (3) Museum; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost of the item(s) is equivalent to at least one (1) percent ofthe building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; 128 (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and/ or (vii) Tile work. 20.76.070 DESIGN STANDARDS. (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (c) Building Fa<;ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fac;ade approximately fifteen (15) feet in height above the street grade. (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five percent (35%) of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) . Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC Section 20.76.065. (2) At least fifty percent (50%) of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and (3) At least seventy-five percent (75%) of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20. 76.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in BMC Chapter 20.48, the automobile off-street parking spaces shall be provided in accordance to the following standards: (a) Non-residential uses shall provide at least one (1), but not more than three (3), off-street parking space per one-thousand (1,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (1,000) square feet of gross floor area. 129 (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.76.090 LANDSCAPING REQUIREMENTS. For the purpose of this Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer than three (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one- hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-112) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 20.76.100 SIGN STANDARDS. Signage shall meet the standards of BMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. 20.76.110 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC Section 20.48.020( c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five percent (25%). CHAPTER 20.78 CITY CORE RESIDENTIAL (CCR) 20.78.010 INTENT. The intent of the City Core Residential (CCR) zone is to enhance opportunities for significant population growth in the city core and increase activity levels along a planned "loop" trail system connecting the two downtown bridges and three closely-related nodes of future growth. While based on the permitted uses and development standards of the R-lO Low Density Residential zone, the CCR zone also permits higher density housing, including attached multifamily units, when developed on large lots in conjunction with a public trail that links the City's core centers: Manette Neighborhood Center, Harrison Employment Center, and 130 Downtown Regional Center. Along with a distinct pedestrian orientation, uses in this zone shall be well-served by public transit. 20.78.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Day care facility (twelve (12) or fewer persons receiving care); (b) Foster home; (c) Multi-unit dwelling units and townhouses provided: (1) Within a project comprising ten (10) or more acres; (2) Units are developed in conjunction with a public trail improvement (d) Parks, and playgrounds and open space; (e) Single-unit dwelling unit - detached; (f) Single-unit dwelling unit - attached (Zero Lot Lines) per Bremerton Municipal Code (BMC) Section 20.60.070(b); (g) Transportation facility. 20.78.030 ACCESSORY USES. Permitted accessory uses are those set forth in BMC Section 20.60.040 (Low Density Residential R-lO zone). 20.78.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020. Conditions for approval of the following uses shall be the standards listed for the corresponding use in BMC Section 20.60.050, the Conditional Uses section of the Low Density Residential zone: (a) Bed & breakfast; (b) Class I group residential facilities; (c) Senior housing complex; (d) Nursing / convalescent home; (e) Day care facilities; (f) Religious worship & related facilities; (g) Schools, parks and associated facilities of the types set forth in BMC Section 20.60.0500). 20.78.060 DEVELOPMENT STANDARDS. Development standards shall be in accordance with the Development Standards in the R- 10 Low Density Residential Zone set forth in BMC Section 20.60.070 unless modified per the following: (a) Maximum density may be increased to twenty (20) dwelling units per acre provided: (1) Within a project comprising ten (10) or more acres; (2) Units are developed in conjunction with a public trail improvement linking the City's core centers as approved by the City; (3) Units are developed in conjunction with on-site provisions to improve existing access to public transit. 131 20.78.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 20.78.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of BMC Chapter 20.50. 20.78.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20.52. CHAPTER 20.79 MUL TIPLE RESIDENTIAL (MR) 20.79.010 INTENT. The intent of Multiple Residential (MR) zone district is to support the Downtown Regional Center with opportunities for high density residential use. Attached multifamily units are encouraged to take advantage of the unique views and nearby amenities such as shorelines, recreational opportunities, or access to ferries and transit. There is an intentional reduction in parking requirements and an increase in building coverage to accommodate high density pedestrian-oriented development in this most accessible of neighborhoods. 20.79.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless telecommunication per BMC Section 20.46.140; (b) Residential use. Residential uses include: (1) Day care facility (12 or fewer persons receiving care); (2) Foster home; (3) Class I group residential facility; (4) Multi-unit dwelling units; (5) Single-unit dwelling unit - attached (zero lot lines); (6) Single-unit dwelling unit - detached; (7) Townhouses. 20.79.030 ACCESSORY USES. Permitted accessory uses are those set forth in BMC Section 20.60.030 (Low Density Residential zone). 20.79.040 CONDITIONAL USES The following conditional uses shall be permitted pursuant to BMC Section 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC Section 20.60.040 (Low Density Residential zone): (a) Bed & breakfast; (b) Senior housing complex; (c) Nursing / convalescent home; (d) Day care facilities (more than 12 persons receiving care); (e ) Worship and religious facility; (f) Schools, parks and associated facilities ofthe types set forth in BMC 20.60.040(j). 132 20.79.060 DEVELOPMENT STANDARDS (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density: (i) No maximum density; (ii) Minimum: 5 dwelling units per acre; (2) Setbacks: (i) Minimum front yard setback: Ten (10) feet; (ii) Minimum side yard setback: Five (5) feet; (iii) Minimum rear yard setback: Ten (10) feet; (iv) Zero Lot Line Development: An attached single-family dwelling and/or garage structure may have a shared single side or rear lot line, and a setback reduced to zero (0) provided the structure complies with building code fire separation requirements. (3) Minimum lot area: 3,000 square feet; (4) Maximum height: Fifty (50) feet; (5) Maximum building coverage. Eighty percent (80%); (b) The following standards shall apply to garages attached to single family units and to detached accessory structures: .. (1) The maximum garage/carport (attached or detached) area shall be five hundred (500) square feet of gross floor per unit plus ten percent (10%) of gross floor area of a principal residential use; (2) Maximum area of all accessory structures, including attached and detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC Section 20.46.010, shall be fifty percent (50%) of the gross floor area of the principal use or five hundred (500) square feet, whichever is greater, subject to maximum building coverage standards; (3) Maximum height of detached accessory structures (including garages). Not to exceed the height of the principal structure; (4) Setback of detached accessory structures. Per BMC Section 20.44.060; (5) When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least twenty (20) feet, except as provided in BMC Section 20.44.020 (Traditional Front Yard Setbacks). 20. 79.080 PARKING REQUIREMENTS Off-street parking shall be provided in accordance with BMC Chapter 20.48, except as follows: (a) Minimum parking requirement. One (1) space per unit; (b) Access to parking shall be provided from the adj acent public facilities per the following priority: (1) First, from an alley if available; (2) If an alley is not available, from a non-arterial street, if available; (3) If neither an alley nor a non-arterial street are available, from an arterial; (c) The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list; (d) Driveways providing access to parking shall be well marked; 133 ( e) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; (2) When a use is non-conforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. 20.79.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards ofBMC Chapter 20.50. 20.79.100 SIGN STANDARDS Signage shall meet the standards ofBMC Chapter 20.52. CHAPTER 20.80 MASTER DEVELOPMENT (MD) 20.80.010 INTENT. The intent of the Master Development Zone is to provid~ large-scale planned development by public entities or through public-private partnerships, which provide a clear community benefit. These areas are envisioned for innovative development meeting unique community needs. Sites shall employ sub-area planning efforts that address compatibility with surrounding uses and consistency with the Comprehensive Plan. 20.80.020 APPLICABILITY. The provisions of this Chapter may be applied to lands located within Public Sector Redevelopment Site (PSRS) or Employment Center (EC) Comprehensive Plan designations. 20.80.030 ESTABLISHMENT OF A MASTER DEVELOPMENT ZONE A Master Development Zone shall be in effect when the following steps are completed: (a) Sub-area planning efforts are completed pursuant to BMC Section 20.80.040; (b) An ordinance is adopted approving a sub-area plan identified in Section 20.80.080 and establishing associated development standards and regulations for the subject sub-area plan district. A text amendment to BMC Section 20.80.080 should be made to reference the applicable ordinance to the sub-area plan district; (c) A site-specific rezone to the Master Development classification is approved pursuant to BMC Section 20.58.040. 20.80.040 SUB-AREA PLAN REQUIRED. (a) Approval of a sub-area plan is required prior to approval of a Master Development Zoning District. A sub-area plan is an amendment to the Comprehensive Plan and is processed pursuant to BMC Chapter 20.10. (b) In developing a sub-area plan for the purpose of this Chapter the following shall apply: (1) The Director shall determine the number of neighborhood meetings based on the scope of the proposal and the community's interest. 134 (2) The applicant shall be responsible for scheduling and facilitating the neighborhood meetings. City staff should participate in the meetings taking notes and helping to address the public's concerns. (3) Notification of the time and location of the meetings shall be posted on the property. The Director shall determine the specifications to the construction and installation of the notice boards. Additionally, if the Director determines it appropriate, mailed notice may be required to be sent to nearby property owners, affected state and local agencies and neighborhood organizations. 20.80.050 MASTER DEVELOPMENT ZONE PERMITTED USES. Specific uses shall be determined through the sub-area planning process. Potential uses may include, but are not limited to commercial, office, and various residential types. 20.80.060 GUIDELINES FOR DEVELOPMENT STANDARDS. Development standards such as setbacks, lot coverage, height and density shall be developed through the sub-area planning process and implemented through the adoption of the Master Development Zone. The following guidelines establish the parameters from which development standards are derived: (a) Consistency with the Comprehensive Plan's coIl1munity character goals and policies; (b) Provide open space that protects environmentally sensitive areas; (c) Development at the edge of the site that is designed with densities and uses which are compatible with nearby neighborhoods and uses; (d) Well designed streetscapes that incorporate context-sensitive design, including amenities such as street trees, planting strips, sidewalks, sidewalk benches, street lamps and other design features that make the streets more interactive, walkable, and enjoyable; (e) Parking requirements shall be pursuant to BMC Chapter 20.48. However, modifications to the off-street parking requirements may be allowed through the approval of a Master Development Zone. Ifthere is a proposed reduction often percent (10%) or more to the number of off-street parking spaces required by BMC Chapter 20.48, a parking study is required to demonstrate that there is no impact on adjacent properties to the site; (f) Landscaping requirements shall be pursuant to BMC Chapter 20.50. However, modifications to the landscaping requirements may be allowed through the approval of a Master Development Zone. Landscaping shall incorporate street trees, planter strips and other passive and active green spaces. Significant trees shall be identified on the site plan and may be required to be preserved; (g) Signage is allowed pursuant to the following: (1) Signs for residential uses shall be pursuant to BMC Chapter 20.52 for residential zones; (2) Signs for all other uses shall meet the standards of Chapter 20.52 for commercial zones, except freestanding signs shall be limited to monument-style signs that do not exceed six (6) feet in height and forty-eight (48) square feet in area. 20.80.070 MASTER DEVELOPMENT ZONE APPLICATION. In addition to other application requirements, applications for a sub-area plan and a Master Development Zone designation shall include the following information: 135 (a) Vicinity Map: Showing the subject site in relation to all other properties within a three-hundred (300) foot radius; (b) Site Plan: Containing the following information: (1) General configuration of lots, building areas, number of stories and specific uses to be allowed; (2) Proposed configuration and design of parking areas, streets, sidewalks, and driveways; (3) Proposed walkways, bikeways, open space, recreational areas, and other areas and facilities of a public or recreational nature; (4) Proposed landscaping, buffers, parks, recreation areas, open space and similar features; (c) Narrative: A written explanation ofthe proposal with at a minimum the following information shall be provided (when appropriate, this information may be shown on the site plan): (1) Major project components including specific area uses to be allowed, residential densities, commercial or site and floor areas, public and private rights-of-way, and off-street parking; (2) Design and development standards to be applied to the project, including architectural treatment, maximum heights, setbacks, landscaping, drainage, utilities, parking, signage, and any others; (3) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; (4) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; (5) Required mitigation measures, development conditions, and other requirements of project approval. (d) Other Information: The City may request additional information found to be necessary for evaluating the proposal to be included with the application. 20.80.080 SUB-AREA PLANS. The following sub-area plans and associated ordinances establishing development regulations and standards form the basis for enactment of each respective Master Development Zone: (a) Westpark Specific Area Plan; (b) Eastpark Specific Area Plan; (c) Austin Drive Specific Area Plan; (d) Harrison Employment Center; (e) Northwest Corporate Campus Employment Center; (f) Port Blakely Employment Center. CHAPTER 20.82 NEIGHBORHOOD BUSINESS ZONE (NB) 20.82.010 INTENT. The intent ofthe Neighborhood Business (NB) zone is to provide for small-scale business districts outside of Centers and Corridors that reflect the scale and character of surrounding 136 neighborhoods. These NB locations support neighborhoods which generally lack walkable access to a designated Center. The NB zone shall include uses such as small groceries, convenience stores, offices, and restaurants. Neighborhood Business districts are generally limited in size to one acre each and typically comprised of a tight cluster of businesses on several parcels. 20.82.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) (b) 20.46.140; (c) (d) (e) (f) (g) (h) (i) CD (k) (1) Bed and breakfast; Co-location of wireless telecommunications facilities per BMC Section Day care facility, and foster home; General office and business service under 5,000 gross square feet; General retail under 5,000 gross square feet; Medical offices and clinics; Park, playground and open space; Personal services under 5,000 gross square feet; Public administration; Residential as a secondary use; Restaurant under 2,500 gross square feet; Worship and religious facility located on a collector or higher street. 20.82.030 PROHIBITED USES. (a) Drive-through lanes. 20.82.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020: (a) Restaurants larger than 2,500 gross square feet and all drinking places provided: (1) All seating, dining, and cooking areas are located within the principal structure at all times; (2) / All refuse and recycling containers are fully enclosed and screened from view from all adjacent and adjoining properties, and meet the standards ofBMC Chapter 20.46; (3) Measures are taken to ensure that parking will not spill over into the neighborhood; (b) Community uses provided: (1) The applicant can demonstrate that all provisions ofthe Noise Levels Ordinance, BMC Chapter 6.32, shall be met; (2) Measures are taken to ensure that parking will not spill over into the neighborhood; (3) Public events, programs or performances shall not continue later than 10:00 PM. 20.82.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: 137 (a) Maximum front yard setback: Ten (10) feet. At least seventy-five percent (75%) ofa building's front fal(ade must meet the maximum front yard setback. (b) Side yard setback: Zero (0) except ten (10) feet from residential zones; (c) Rear yard setback: Zero (0) except ten (10) feet from residential zones; (d) Maximum building size: Buildings may not exceed a footprint of 5,000 gross square feet at ground level; (e) Maximum building coverage: Eighty-five percent (85%); (f) Maximum development coverage: Eighty-five percent (85%); (g) Maximum building height: Thirty-five (35) feet. (h) Maximum building heights within the Downtown Regional Center are pursuant to Figure 20.74(a), and shall supercede BMC Section 20.82.060(g) above (i) Outdoor storage of any kind shall be prohibited, except for refuse and recycling containers, which shall meet the standards set forth in BMC Section 20.46. 20.82.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 20.82.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of BMC Chapter 20.50 and the following requirements: (a) Where a commercial use in the Neighborhood Business zone is adjacent to a residentially zoned lot, including across an alley from a residentially zoned lot, a landscape buffer meeting the following standards shall be provided: (1) A solid, view-obscuring wall or fence at least six (6) feet in height; (2) Measures taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. Measures may include any combination of the following: (i) Refined materials or textures such as brick or stone; (ii) A landscaped strip consisting of plantings and shrubs, which shall count towards the landscape strip requirement per BMC Section 20.82.090(a)(2) below; (3) A landscaped strip at least five (5) feet in depth. Where a wall is placed within the landscaped strip, the depth of the wall shall be included in the measurement of the depth of the landscaped strip; (4) Gaps for vehicular circulation from the alley do not exceed fourteen (14) feet in width. 20.82.110 SIGN STANDARDS. Signs shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.84 LIMITED COMMERCIAL ZONE (LC) 20.84.010 INTENT. The intent of the Limited Commercial (LC) zone is to recognize the community's existing general commercial districts outside the designated boundaries of Centers on lots zoned 138 General Business (GB) in the City, or an equivalent designation in the County, on December 1, 2004. The LC zone is not intended to be expanded or applied to new properties or areas of the City. 20.84.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Automobile service and repair, and car wash; (b) Co-location of wireless telecommunication facilities per BMC Section 20.46.140; (c) Day care facility, all; (d) Drive-through facility; (e) Finance, insurance and real estate; (f) Gas stations at the intersection of arterial roadways; (g) General office and business services; (h) General retail; (i) Hotel and lodging places, motels, and inns; (j) Personal services; (k) Public administration; (1) Recycling collection station; (m) Residential as a secondary use; (n) Restaurant drinking place. 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: Ten (10) feet. At least seventy-five percent (75%) of a building's front fac;ade must meet the maximum front yard setback. (b) Minimum side yard setback: Zero (0) except ten (10) feet from residential zones and the upper level setback requirements contained in BMC Section 20.84.070. (c) Minimum rear yard setback: Zero (0) except ten (10) feet from residential zones and the requirements contained in BMC Section20.84.070. (d) Maximum building size: 15,000 gross square feet at ground level. (e) No maximum building coverage provided all setbacks and landscaping standards are met. (f) No maximum development coverage provided all setbacks and landscaping standards are met. (g) Maximum building height: Fifty (50) feet. (h) Maximum building heights within the Downtown Regional Center are pursuant to Figure 20.74(a), and shall supercede BMC Section 20.84.060(g) above. (i) Maximum density of secondary residential uses: Ten (10) units per acre. 20.84.070 DESIGN STANDARDS. Bulk reduction. At any side or rear lot line adjacent to a residential zone, portions of buildings above thirty (30) feet in height shall be set back one (1) foot in addition to the standard setback per BMC Section 20.84.060 for each additional foot of height. 20.84.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 139 20.84.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50 and the following requirements: (a) Where a commercial use in the Limited Commercial zone is adjacent to a residentially zoned lot, including across an alley from a residentially zoned lot a landscape buffer meeting the following standards shall be provided: (1) A solid, view-obscuring wall or fence at least six (6) feet in height; (2) Measures taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. Measures may include any combination of the following: (i) Refined materials or textures such as brick or stone; (ii) A landscaped strip at least five (5) feet in depth. Where a wall is placed within the landscaped strip, the depth of the wall shall be included in the measurement of the depth of the landscaped strip; (3) A landscaped strip at least five (5) feet in depth;; (4) Gaps for vehicular circulation from the alley not exceeding fourteen (14) feet in width. 20.84.100 SIGN STANDARDS Signs shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.86 FREEWAY CORRIDOR ZONE (Fe) 20.86.010 INTENT. The intent of the Freeway Corridor zone is to identify areas for commercial activities that will typically be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast moving traffic, provide large areas for parking, and may include large scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other techniques are used to mitigate the effects ofthe intense uses allowed in the FC zone on less intense adjacent uses. 20.86.020 OUTRIGHT PERMITTED USES. In the Freeway Corridor zone all uses are permitted outright except for those uses set forth as Conditional Uses per BMC Section 20.86.040, and those uses prohibited per BMC Section 20.86.050. 20.86.040 CONDITIONAL USES. A Conditional Use Permit, which is approved pursuant to BMC Section 20.58.020, may permit the following uses: (a) Heavy industrial/manufacturing provided: (1) All standards of the Noise Levels Ordinance, BMC Chapter 6.32 are met; (2) No unshielded light or glare will be visible during periods of darkness in a residential zone; 140 (3) No odor, dust or smoke bi-product will be clearly detectable on any adjacent or adjoining commercial or residential lot; (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights of way or any adjacent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with potential to negatively impact visual character. (b) Adult business per BMC Section 20.46.110. (c) Class II group residential facilities provided: (1) The facility will not create an operational conflict with the efficiency of large-scale freeway oriented commercial use. 20.86.050 PROHIBITED USES. The following uses are prohibited in the Freeway Corridor zone: (a) Residential, as a primary or secondary use, except for Class II Group Residential Facilities as a conditional use per BMC Section 20.86.040; (b) Recreational vehicle park; (c) Junk yard; ( e) Motion picture theatre; (d) Any use with a significant adverse impacts on less intense uses in neighboring residential zones, determined by the City by having any combination of the following criteria: (1) Noise encroachment. Generation of sound not meeting the provisions of the Noise Levels Ordinance, BMC Chapter 6.32; (2) Light / glare encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor dust or smoke encroachment. Emission of an odor, dust or smoke bi-product clearly detectable in any residential zone. 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback. Twenty (20) feet; (b) Minimum side yard setback. Zero (0) except twenty (20) feet where abutting residential zones; (c) Rear yard setback. Zero (0) except twenty (20) feet from residential zones; (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: Sixty (60) feet. 20.86.070 DESIGN STANDARDS. The following design standards shall be met: (a) Bulk. The horizontal dimension of any structure facing a public right of way shall include visual treatment at intervals not to exceed one hundred (100) feet, for a width of not less than twenty (20) feet. Visual treatment shall be one or more of the following types: (1) An offset with a minimum depth offive (5) feet; 141 (2) A fa<;ade material, texture or color that is visually different and distinct from the base material, texture or color. (b) Curb cuts. The number of curb cut site entries from public rights of way shall be limited to the minimum number of curb cuts required for safe and efficient vehicle circulation into and out of the site. No curb cut width may exceed forty-eight (48) feet. 20.86.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 20.86.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of BMC Chapter 20.50 and the following requirements: (a) Buffers and screening adjacent to rights of way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights of way by any combination of the following: (1) Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen having a minimum height of five (5) feet; (2) Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or (3) An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet; (b) Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufacturing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts. 20.86.100 SIGN STANDARDS. Signs shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.88 MARINE INDUSTRIAL (MI) 20.88.010 INTENT. The intent of the Marine Industrial zone is to provide for areas of marine-related light industrial uses within a waterfront-oriented complex. Marine Industrial areas should include adequate screening, architectural standards, and other site design considerations to assure compatibility with neighboring uses - especially residential and shoreline public access areas. Developments shall be consistent with shorelines and critical areas designations, functionally linked to marine-related activities, and accessible from the waterfront through an on-site circulation system. 142 20.88.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Boat and marine vehicle sales; (b) Boat and marine vehicle service and repair; (c) Fully enclosed boat storage; (d) General office and business service that is functionally related to marine-related activities; (e) General retail under 7,000 gross square feet that is functionally related to marine- related activities; (f) Light industrial/manufacturing that is functionally related to marine-related activities, including research, development and testing; (g) Location of wireless telecommunications facilities per BMC Section 20.46.140; (h) Residential as a secondary use; (i) Restaurants and drinking places under 2,500 gross square feet that is functionally related to water-related activities; (j) Transportation facility including marine freight and passenger terminals, transit stops and transportation services; (k) Waterfront parks, playgrounds and open space, or public viewing facility. 20.88.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: Fuel stations intended primarily for marine vehicles, provided ingress and egress shall occur entirely within the MI zone, and not on roadways or parking areas adjacent to other zones. 20.88.040 CONDITIONAL USES. Dry storage of marine vessels commonly referred to as dry stacking may be allowed to a height of fifty (50) feet provided a Conditional Use Permit is approved pursuant to BMC 20.58.020, subject to the following conditions: (a) All other setback and development standards of the Marine Industrial zone and the Shoreline Master Program are met; (b) The dry stacking facility will not substantially obscure existing views to the water from existing residences. 20.88.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise. (a) Maximum front yard setback: Ten (10) feet. At least sixty-five percent (65%) of a building's front fac;ade shall meet the maximum front yard setback requirement. (b) Minimum side yard setbacks as follows: (1) Zero (0) from commercial zones; (2) Five (5) feet from residential zones for fully enclosed uses and twenty (20) feet for uses not fully enclosed. (c) Minimum rear yard setback as follows: (1) Zero (0) from commercial zones; 143 (2) Five (5) feet from residential zones for fully enclosed uses and twenty (20) feet for uses not fully enclosed. (d) Maximum building height: Thirty-five (35) feet; (e) Maximum building coverage: Sixty percent (60%) unless increased per BMC Section 20.88.070(b); (f) Maximum development coverage: Seventy-five percent (75%) unless increased per BMC Section 20.88.070( c). (g) Maximum density of secondary residential use: Ten (10) units per acre. 20.88.070 DESIGN STANDARDS. (a) Light, glare, and odors shall not impact or be readily discemable from properties outside the MI zone, and all provisions of the Noise Levels Ordinance, BMC Chapter 6.32 shall be met. (b) Maximum building coverage may be increased to seventy-five percent (75%) when separate buildings on more than one lot are constructed with uniformity of the following architectural elements: (1) Roof pitches; (2) Exterior building fac;ade material; (3) Exterior building fac;ade palette of colors; (4) Exterior window sash material and style... . (c) Maximum development coverage may be increased to eighty-five percent (85%) with a City-approved, on-site circulation plan depicting access to and from all portions of the site and the waterfront. (d) All uses in the MI zone shall be screened from view from properties outside the MI zone, including areas across an alley, by screening meeting the provisions ofBMC Chapter 20.50 and the following standards: (1) A solid view obscuring wall or fence at least six (6) feet in height; (2) A landscaped strip at least five (5) feet in depth adjacent to the solid screen on the side facing the residentially zoned lot; ( e) Ingress and egress to all uses within the MI zone shall be from a collector arterial roadway or higher roadway classification, or from a roadway or driveway that is fully within the MI zone and not adjacent to other zones. (f) Hours of operation for light industrial/manufacturing uses shall be limited to 7:30 AM to 7:30 PM. 20.88.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 20.88.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50. 20.88.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. 144 CHAPTER 20.90 INDUSTRIAL PARK (IP) 20.90.010 INTENT. The intent of the Industrial Park zone is to provide an environment for and conducive to a broad range of existing and future light industrial, office and large retail uses. The Industrial Park zone ensures a well planned complex with attention to landscaping and architectural features. Site design in the Industrial Park zone ensures compatibility with neighboring less intense uses, and provides a high quality environment for the conduct of business. 20.90.020 OUTRIGHT PERMITTED USES The following uses are permitted outright: (a) Automobile service and repair; (b) Car wash; (c) Community facility; (d) Day care facility; (e) Drive-through facility; (f) Entertainment uses; (g) Finance insurance and real estate; (h) Gas station; (i) General and large retail; G) General office and business services; (k) Kennel; (1) Light industrial/manufacturing; (m) Medical offices; (n) Nursery & greenhouse; (0) Outdoor athletic fields, and sports complex; (p) Outdoor storage; (q) Physical fitness & health clubs; (r) Public administration; (s) Recycling collection station; (t) Restaurants; (u) Schools & education uses; (v) Transportation facility; (w) Warehousing; (x) Wireless telecommunications facilities per BMC Section 20.46.140; (y) Worship and religious facility. 20.90.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020: (a) Heavy industrial/manufacturing provided: (1) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights of way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equipment areas are elements with potential to negatively impact visual character. 145 (2) No odor, dust or smoke bi-product will be clearly detectable on any abutting commercial or residential lot; (3) All standards of the Noise Levels Ordinance, Chapter 6.32 BMC are met; (4) No unshielded light or glare will be visible during periods of darkness in a residential zone. 20.90.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: Fifteen (15) feet, except twenty (20) from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (b) Minimum side yard setback: Ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (c) Minimum rear yard setback: Ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (d) Maximum building height: Fifty (50) feet, provided that where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet; (e) Maximum building coverage: Eighty-five percent (85%) provided all setbacks and landscape requirements are met. (f) Maximum development coverage: Eighty-five (85%) provided all setbacks and landscape requirements are met. 20.90.070 DESIGN STANDARDS. Development in the Industrial Park zone shall meet the following standards: (a) Outdoor storage areas shall be screened from all adjacent property lines with one of the following types: (1) A solid view-obscuring fence or wall at least eight (8) feet in height; (2) A densely-planted, view-obscuring evergreen shrub or hedge at least eight (8) feet in height, and thirty (30) inches in depth; (b) Outdoor storage of materials exceeding fifteen (15) feet in height shall not be located within thirty-five (35) feet of any property line. (c) Drive-through facilities and drive through lanes shall be accessed from the rear of a site and run along an interior lot line or building elevation. 20.90.080 PARKING REQUIREMENTS Parking shall meet the standards ofBMC Chapter 20.48. 20.90.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards ofBMC Chapter 20.50, or as otherwise modified by the following requirements: (a) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; 146 (b) For each twenty (20) parking stalls one (1) tree shall be installed within a landscaped area. Such trees shall meet the minimum platH material sizes as set forth in BMC Chapter 20.50. 20.90.100 SIGNS STANDARDS Signs shall meet the standards ofBMC Chapter 20.52, for freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.92 EMPLOYMENT CENTER (EC) 20.92.010 INTENT. The intent of the Employment Center zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the Center, thereby reducing home to workplace commute trips. Employment centers create large numbers of jobs in uses to include office and services. 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a). Co-location of wireless telecommunications facilities per BMC Section 20.46.140; (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (0) (p) (q) Community use facility; Day care facility, all; General office and business services; Finance insurance and real estate (no drive-through facilities); General retail; (no drive.:.through facilities); Hotels and lodging places; Medical offices; Outdoor athletic fields; Park playgrounds and open space; and parks; Personal service business; Physical fitness and health clubs; Public administration; Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi-unit structure; (3) Nursing convalescent home; (4) Senior housing complex; (5) Single unit structure - attached or detached; (6) Townhouse. Restaurants and drinking places; (no drive-through facilities); Schools and education uses; Transportation facility; 147 (r) Worship and religious facility. 20.92.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020: (a) Light industrial/manufacturing provided: (1) No odor, dust or smoke bi-product will be clearly detectable on any abutting commercial or residential lot; (2) All standards of the Noise Levels Ordinance, Chapter 6.32 BMC are met; (3) No unshielded light or glare will be visible during periods of darkness on adjacent commercial or residential lots; (4) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights of way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equipment and mechanical areas are elements with potential to negatively impact visual character. 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the following standards: (a) Minimum density for residential uses: Fifteen (15) dwelling units / acre; (b) Minimum side yard setback: Zero (0), except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (c) Minimum rear yard setback: Zero (0), except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (d) Minimum front yard setback requirements: Zero (0), except that for residential uses with garages facing a public right of way, the garage shall have a setback five (5) feet greater than that of the principal structure; (e) Maximum building coverage: Sixty-five percent (65%) base maximum, provided that through the use of any combination ofthe following, building coverage may be increased to a maximum of eighty-five percent (85%); (1) Projects with two or more stories: Ten percent (10%) bonus; (2) Projects containing mixed uses: Ten percent (10%) bonus; (3) Projects incorporating at least fifty percent (50%) of required parking underground or within the structure: Twenty percent (20%) bonus; (f) No maximum development coverage provided all setbacks and landscaping requirements are met; (g) Maximum building height: Eighty (80) feet for residential uses, and Sixty (60) feet for non-residential uses. 20.92.070 DESIGN STANDARDS. (a) Blank facades. The horizontal dimension of any structure facing the perimeter of the site along a public right of way shall provide one of the following visual treatments for a width of twenty (20) feet at intervals not to exceed one-hundred (l00) feet: (1) An offset with a minimum depth of five (5) feet; 148 (2) A fayade material, texture or color that is visually different and distinct from that of the base material, texture or color; (b) Structures containing general retail uses, restaurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any fayade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five percent (65%) of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a canopy or overhang extending at least five (5) feet over the sidewalk in the entrance area. 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a non-residential use may be reduced by twenty percent (20%) if the proj ect is within 1,300 feet of designated transit oriented development; (b) Parking for residential uses shall not exceed two (2) spaces per residential unit; (c) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; and (d) For each twenty (20) parking stalls one tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, and the following requirements. (a) Where a side or rear lot line of a non-residential use is adjacent to a residential zone, screening with the following characteristics shall be provided: (1) A solid, view-obscuring wall or fence at least six (6) feet in height; (2) Measures taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. Measures may include any combination of the following: (i) Refined materials or textures such as brick or stone; (ii) A landscaped strip at least five (5) feet in depth. Where a wall is placed within the landscaped strip, the depth of the wall shall be included in the measurement of the depth ofthe landscaped strip; (3) A landscaped strip at least five (5) feet in depth. 20.92.100 SIGN STANDARDS Signage shall meet the standards ofBMC Chapter 20.52. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. 149 CHAPTER 20.94 INDUSTRIAL (I) 20.94.010 INTENT. The intent of the industrial zone is to accommodate light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large scale and/or heavy industries in a manner that reduces impact to the community while meeting industry's needs for easy access, large sites, and locations that do not cause conflicts with residential and other less intense use areas. 20.94.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Automobile service and repair; (b) Car wash; (c) Drive-through facility; (d) Gas station; (e) General office and business services over 5,000 gross sq. ft; (f) Heavy Industrial/Manufacturing; (g) Kennel; (h) Light Industrial/Manufacturing; (i) Nursery and greenhouse; (j) Outdoor storage; (k) Public administration; (1) Recycling collection station; (m) Outdoor athletic fields; (n) Stadiums and sports complex; (0) Transportation facility; (p) Warehousing; (q) Wireless telecommunications facilities per BMC Section 20.46.140. 20.94.030 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit pursuant to BMC Section 20.58.020 is approved: (a) Junk yard provided: (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height often (10) feet is provided along all lot lines. (b) Adult business as defined in Chapter 20.02 BMC; (c) Group Residential Facility Class II provided the facility will not create an operational conflict with the efficiency of large-scale industrial uses. 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless otherwise allowed by law: (a) Minimum front yard setback. Ten (10) feet, except twenty (20) feet where abutting or across a public right of way from a residential zone; 150 (b) Minimum side yard setback. Zero (0) except twenty (20) feet where abutting a residential zone; (c) Minimum rear yard setback. Zero (0) except twenty (20) feet where abutting a residential zone; (d) No maximum building coverage provided all setbacks and landscaping standards are met. (e) No maximum development coverage provided all setbacks and landscaping standards are met; (f) Maximum building height: Fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, provided setback requirements are met. (g) Where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. 20.94.080 PARKING REQUIREMENTS. Off street parking shall be provided in accordance with BMC Chapter 20.48. 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in BMC Chapters 20.50, or as otherwise modified in this section. . (a) Where a heavy industrial/manufacturing use is abutting a residentially zoned lot, including across an alley or public right of way from a residentially zoned lot, a landscape buffer consisting of the following features shall be provided: (1) A solid, view-obscuring wall or fence at least eight (8) feet in height; (2) A landscaped strip installed and maintained by the industrial use, at least five (5) feet in depth adjacent to the solid wall on the side facing the residential zone. 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in BMC Chapter 20.52 For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. CHAPTER 20.96 CITY UTILITY LANDS (CUL) 20.96.010 INTENT. The intent of the City Utility Lands (CUL) zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited commercial and recreational activities, which adhere to a high standard of environmental best management practices, and low impact development. 20.96.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Educational and resource activities compatible with forest resources; (b) Forest and wildlife management activities and forest practices; 151 (c) Groundwater development and aquifer protection; (d) Hydropower activities and facilities; (e) Public utilities functions and activities, and non-residential structures necessary to execute such functions and activities; (f) Wireless telecommunications facilities per BMC Section 20.46.140. 20.96.030 ACCESSORY USES. The following accessory uses may be permitted: (a) Caretaker's residence associated with a permitted use; (b) Temporary quarters associated with a permitted use. 20.96.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020. The conditional use permit may allow modifications to parking, landscaping and other development requirements necessary to mitigate environmental impacts. (a) Residential development provided: (1) The project consists of attached or detached single-unit dwelling units, townhouses, or senior housing complex; (2) The location does not interfere with City public utility functions and activities; (3) The location is adjacent to an existing recreational or residential use; (4) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Preservation of significant trees; (iii) Clustered development; (iv) Minimization of impervious surfaces; (5) Maximum density shall be ten (10) dwelling units per acre, except twenty (20) dwelling units per acre for senior housing complexes; (6) Development standards per the low density residential zone, BMC Sections 20.60.070 (a) (2) through 20.60.070(d) are met; (b) Passive outdoor public recreation such as trails: (1) The location does not interfere with City public utility functions and activities; (2) The location is adjacent to an existing recreational or residential use; (3) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Identification and preservation of significant trees; (iii) Minimization of impervious surfaces. 20.96.060 DEVELOPMENT STANDARDS. Development standards for Conditional Uses shall be pursuant to the criteria set forth in BMC Section 20.96.040. 152 20.96.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48 and the following requirements: (a) Parking may not exceed two (2) stalls per residential dwelling unit; (b) On-site parking requirements for a permitted or a conditional use may be reduced by up to forty percent (40%) provided it can be demonstrated through a parking analysis that the reduction would decrease impervious surface area, and the reduction would not cause parking to spill over into adjacent areas. 20.96.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve ex,isting or native vegetation. 20.96.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20. CHAPTER 20.97 WATERSHED (WS) 20.97.010 INTENT. The intent of the Watershed (WS) zone is to protect the Bremerton public water supply by controlling activities and maintaining high water quality at the source, consistent with State and Federal regulations. It is further intended to maintain strict control of access to and activities within the Union River drainage to allow the Union River water supply source to continue in its unfiltered status. 20.97.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Educational and resource activities compatible with public water supply; (b) Forest and wildlife management activities, and forest practices; (c) Groundwater development and aquifer protection; (d) Hydropower activities and facilities; (e) Location of wireless telecommunications facilities per BMC Section 20.46.140 (f) Public utilities functions and activities related to the monitoring and distribution of potable water. 20.97.030 ACCESSORY USES. The following accessory uses may be permitted: (a) Caretaker's residence or gate guard associated with an outright permitted use; (b) Non-residential structures necessary for the execution of an outright permitted use; (c) Temporary quarters associated with an outright permitted use. 20.97.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the following standards: 153 (a) All developments shall minimize the amount of impervious surface to that necessary to execute a permitted use; (b) Sustainable development and best environmental management practices shall be employed to minimize environmental impacts such as: (1) Low impact stormwater management and natural drainage; (2) Identification and preservation of significant trees; (3) Minimization of impervious surfaces. 20.97.080 PARKING REQUIREMENTS. Parking shall meet the standards of BMC Chapter 20.48, except required parking may be reduced or waived by the Director in the Watershed zone in order to reduce impervious surface area. 20.97.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. 20.97.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20.52. CHAPTER 20.98 INSTITUTIONAL (INST) 20.98.010 INTENT. The intent of the Institutional Zone (INST) is to provide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College Campus, and the Harrison Hospital. 20.98.020 OUTRIGHT PERMITTED USES The following uses are permitted: (a) 20.46.140; (b) (c) (d) (e) (f) (g) (h) (i) U) (k) Co-location of wireless telecommunications facilities per BMC Section Community facility; General office and business services; General retail associated with an institution; Higher education and colleges; Hospitals; Medical offices and clinics; Outdoor athletic fields and park playground and open spaces Parking as a principal use; Public administration; Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; 154 (3) Senior housing complex; (4) Single-unit dwelling unit - detached; (5) Single-unit dwelling unit - attached; (1) Restaurants without (no drive-through facilities); (m) Schools and education uses; (n) Transportation facility; (0) Welfare and charitable services and facility; (p) Worship and religious facility. 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the Director as an accessory use. 20.98.060 DEVELOPMENT STANDARDS. Development shall be in accord with the following standards: (a) Minimum front yard setback: Zero (0), except ten (10) feet where adjacent to any lot not within the Institutional zone; (b) Minimum side yard setback: Zero (0), except twenty (20) feet where adjacent to any lot not within the Institutional zone; (c) Minimum rear yard setback: Zero (0), except twenty (20) feet where adjacent to any lot not within the Institutional zone; (d) Maximum height: Eighty-five (85) feet provided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the Institutional zone structures shall be set back one (1) additional foot for each additional foot of height above thirty- five (35) feet. 20.98.080 PARKING REQUIREMENTS. Parking shall meet the standards ofBMC Chapter 20.48. 20.98.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards ofBMC Chapter 20.50. 20.98.100 SIGN STANDARDS. Signage shall meet the standards ofBMC Chapter 20.52. 155 .....a............................................................ f.__L_~~ , I I I ; j I I .~I.I.I.I...I.I.I~I...I.I.I...I.I.I.I~ - I a i N )::> ; o:=:: :::lSll -'n :::l:::r (03 ~CD Sll :::l '0....... C/) S:UllllUlS" IllO...:::J"- ....llllDOlll ... -a.~'< wlDc'" . 0 0 :J :J lD III 0.- ''''0,- '. "'''''.'''--''''~"," '-~''''''''\ ! ( , .I.IBIB.BIBI.I.I.IBI~.. 'fl. . "'''"~~ . ~"\ ~ ,: ''='',,"..,.~ . -~, . " .. (,) 9.;1 NO en CD 0 -. x' 0 :1_. ~ 3=:1; .g~. :I 0 "'Q. N to -h QlO OJ co:1. :=- en::l :::::..., Qlco Q) CD en3"O 3 o.Ql {g~. C CD c)" (JJ _..... .....0 .., ~ ~~ CD 0 i l g"O n :I I o1ii' 0' I _:_~-~--J / / ,/ \ ~.. . ~-""."."-"- .v ".".'__"r '.'.- ").....'.'.'.'.'.' " " \. \ ",,,,"""" :> ~ 1D C/l llllllliIlI ~._'.'-=~'~";-'-l ~^'''''' 11I11II1BllIIlIlliIlgjlll,.B IIIIIIIIIIIIBI. ~ B.BI...IIiI~ BI ~1'1II'~ 1111 ~ Zoning Map 1 Qrdil1ance4950 November30,2lJ05 legend _ Fe - Freeway Corridor _ DC - Downtown Gore _ CC - Commercial Collidor _ DW- Downtown Walertronl .. WWRC - Wheaton Redev. Corr. _ BG - Business Core _ lC - Limited Commercial _ MR - Multiple Residential _ NB - Neighborhood Business _ Dee - DIs!. Center Core '~;tf\N! I -Industrial 11II NCC-Neigh.CenlerCore IiiIIP-lndustrialPark _ EC. - Employment Genter .. MI- Marine Industlial MD -MaslerDevelopmenl _ lnsl-Instttutional CUl-CityUtllilyLands C.:.:~..: R-10' - Low Density Res. C::::.: Downtown Regional Center CCR - City Core Res. .. WS - Watershed Naval ShIpyard O~;lleo Attachment II Zoning Maps Zoning Map 2 Qrdinance4950 November30,20115 ~~~l~~[E~~~~Es~~;g;f~?a;M .. FC-FreewayCorridor .. DC - Downtown COfe _ CC - Commercial Corridor _ OW - Downtown Waterfront III WWRC - Wheaton Redev. Corr. _ Be - Business COfe .. LC - Limited Commercial .. MR - MUltiple Residential _ NB - Neighborhood Business _ DCe - 0151. Center Core }~~:~:~,' I -Industrial _ Nee - Neigh. CenlsTCore .. IP -Industrial Park _ EC'- Employment Center III Ml-Marine Industrlal MD - Masler Development _ Insl-Institutional R-10 -low Densjty Aes. CUL - City Utility lands C:_~:J R-10' - Low Density Res. c.:::] Downtown Regional Center CCR - City Core Res. .. WS - Watershed Nava\Shipyard Attachment II Zoning Maps Zoning Map 3 legend _ Fe - Freeway Corridor .. DC - Downtown Core _ CC - Commercial Corridor _ DW - Downtown Waterfront _ WWAC - Wheaton Redsv. Corr. _ Be - Business Core .. lC - Umiled Commercial .. MA - MuJliple Residential _ NB - Neighborhood Business . Dee - Ois!. Center Core ;i\~'J;;'l:' I-Industrial .. Nee - NeIgh. Center Core .. IP _ Industrial Park _ EG'- EmploymenlCenler .. Ml-Marlne Industrial MD - Master Development _ Inst -Institutional A-tO - Low Density Res. CUI... - City UUllty Lands :-""; R-10' _ Low Density Res. :"".0: Downtown Regional Center ....... CCR - City Core Res. .. WS - Watershed . Future adjus1menlto zoning anllcipaled Naval Shipyard up<lncompleU'moISubareaPla~njn9 O~~~"" Ordinance4950 November 30, 2005 Ors,I.Im.., ",oonro..IZonlngMop,.medl.""u,.o.petlmOl\'Q'CQmmunlly D...'o....ntTh.c;lygra""""ton""'..nQ'w."."tll1."'<.,~y<>lll1"' Inr",,",,~,,,,,,,",,pplna.whl.".""'ll"noti>.roU'd",,o.wllno""n~op.n<Io"' ~~',::,o:i:::'::;::'::~;~~I;:':,.I5.m...~ ,.."'..,,,"" ,.g'.'i,'oglro",'.' This inlay shows the western edge of the City's watershed. The inlay is not to the same scale as the remainder of the map. The inlay also matches to Zoning Map 4. O~.s"'\iI" ; r '. '. Attachment II Zoning Maps legend .. FC - Freeway Corridor _ DC - Downtown Core _ CC - Commercial Corridor _ DW- Downtown Waterfront 1:1II WWRC - Wheaton Redev. Corr. _ BC - Business Core .. lC- Umited Commercial _ MR - Multiple Residential 11III N8 - Nelghbolhood 8usiness .. DCC - Dist. Center Core ';?;~';;'E J -Industrial III NCC - Neigh. Center Core .. IP -Industrial Park _ EC' - Employment Center .. MI- Marine Industrial MD - Master Development _ Inst .Inslilutional R-10-low DeflSily Res. CUl- City Utility lends C::::J R-10' -low Density Res. C::::; Downtown Regional Center CCR -City Core Res. .. WS - Watershed 'Fulur&adjustJ1lElnttozonmganticipaled Naval Shipyard upon complalionofSubarea Pianning. Ordinanoo495D N(lvember30,2005 =~.':';ft~~~~I.:;'::~~~nl~:~afl~:~.~!:':~::::;;:r,:~nlly 1n1~"""llon~'mo=lna. whTo!l.no"ld""lb.ral..d"~"",,"\no"tlod,....ndonl ~~~~~~,~:':;~~~~.,~.~~::.am"nu aTIII.lr<> 'eraled t. or arlslll!l trorrJ lh~ o Attachment II Zoning Maps Zoning Map 5 Ordinance49S0 NovembGr30,2005 O'....,m"''''.OKI'''.'~na......."''dw"''...o..ottm.n'o'''.mm~nUy no"I"l>l:""nt.Th,Cjlv"IBttl"",,'on~o..nol_It...llIo.a<.,,,.cy"'tl>'" l"r"""ll"'nOl"'PIN"~.Wl\lohoho"ldn"lbt'.II.d"pon'\IIlhoUlI""n'"de"1 ""K""""On~r"'I,,"'y, "'..'"'...Um...1I"....""."""o.'"'1IiIo9nomU.. u'.oflhr.lnlo"","".o,,,,,,.pI,.., Legend .. Fe _ Freeway Corridor _ DC - Downtown Core _ CC _ Commercial Corridor _ DW - Downtown Walerfront _ WWAC - Whealon Redev. Carr. .. Be - Business Core .. LC - Umlled Commercial _ MR -Multiple RBsidentlal III NB - Neighbomood Business _ DCe - D1sl. Center Core ,~:;; I -Industrial _ Nee - Neigh. Center Cora _ IP -Industrial Park _ EC' - Employment Center .. MI- Marine Industrial MD - Masler Development .. Inst -Institutional R-10 - Low Density Res. CUL - City Utility lands L":::.~; A-10' - Low Density Res. C::::; Downtown Regional Center CCR - City Core Res. III WS _ Watershed 'F!Jlureedju~men1'ozoningenllclpeled Naval Shipyard upOl1Cllmple~onofSubareaPlannlng o. Attach m e nt II Zoning Maps Zoning Map 6 Legend _ Fe _ Freeway Corridor .. DC - Downtown Core lIE GC - Commercial Corridor _ DW- Downtown Watelfront _ WWRC _ Wheaton Redev. CarL .. Be - Business Core _ LC - Limited Commercial E MR - Multiple Residential 1m NB - Neighborhood Business _ Dee - Disl. Center Core I-Industrial 11II Nee - Neigh. Center Core _ iP -Industrial Part<: _ EC'- Employment Genler III MI- Marine Industrial MO -Master Development _ lnst-Institutional A-10 - Low Density Res. CUL- CUy Utility Lands r:.:'."."J R-10' -low Density Res. =-:::::1 Downtown Regional Center CCR - City Gore Res. III WS - Watershed . Futureadj~tmenllo zoning anlic.ipaled Naval Shipyard upon~omplellono15ubareaFlanrnng, Drrlinanee495ll November SO, 2005 O""'I"'~Th'''ffT<'''_aMopl,",''WJIh'''.'''P'''"'''"'Qrcommun''l' O.".!ol>m.n.Th.Cllyotll.....,'.nd...n"''''''"...,'''''........o!'.I. mlgmlllUong'lnIlIPin;r.wI1lchoh""ldnOlbllr.Uodllj>flnwilnoullndllllllllonl ::,":-~~:,~:~::;:'.:~'.::::~ '''\Im~'U ri... ,...1><1 r. or "jci"~ nom 111. o Attachment II Zoning Maps DRAFT - SUBJECT TO APPROV AL ON 12/20/2005 Minutes for City of Bremerton Planning Commission Regular Meeting November 15,2005 I. Call to Order The meeting was called to order by Commissioner Cockburn at 5:33 p.m. II. Roll Call Those present were: Commissioner Cockburn, Commissioner Friedberg-Nerf, Commissioner Hoell, and Commissioner Kennedy. Quorum certified. Also present: Chris Hugo, Andrea Spencer, GeoffWentlandt; Nicole Ward, and Pam Wilson (City staft). III. Approval of Agenda Commissioner Cockburn introduced the agenda. A motion was made by Commissioner Kennedy and seconded by Commissioner Friedberg-Nerf to approve the agenda as presented. It was agreed by general consensus to approve the agenda as presented; the motion carried. IV. Approval of Minutes The minutes of the Regular Meeting held on October 18, 2005 were presented for approval by Commissioner Cockburn. A motion was made by Commissioner Friedberg-Nerf and seconded by Commissioner Hoell to approve the Regular Meeting Minutes of October 18, 2005, as presented. Called for a vote: Commissioner Cockburn: Abstain; Commissioner Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion carried. The minutes of the Special Meeting held on November 1, 2005 were presented for approval by Commissioner Cockburn. A motion was made by Commissioner Kennedy and seconded by Commissioner Hoell to approve the Special Meeting Minutes of November 1, 2005, as presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Friedberg-Nerf: Abstain; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion carried. v. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Planning Commission Meeting November 15,2005 ATTACHMENT III Page 1 of9 DR.<\FT - SUBJECT TO APPROV AL ON 12/20/2005 Commissioner Cockburn asked ifthere were any comments from citizens. Rebecca Maguire, 2520 E. North Highland Drive, Shelton: "I own seven apartments in Bremerton. This is concerning an area between Warren and Chester, across from Kitsap Credit Union on Burwell, and then the next block behind it on 4th A venue. They discussed this last meeting; they elected not to keep the zoning and to down-zone this to R-lO based on several points that were made. They said that this "vas predominantly single-family, which it's not. These brown here [indicated to the chart she brought with her] are all four or more units and several of them are six or more and even a 20-unit complex here. The red is parking, which has, in the past, been considered a commercial use. And the orange is actually parking for Kitsap Credit Union, so again, a commercial use. If you look at the existing uses, the yellow is single-family; there is very little yellow. The light green are duplexes; a few, again. What the report said is this was, you know, had duplexes and triplexes between single-family. Actually, it's not the case; it has a few single-family and duplexes between multi-family, commercial pay rarking lots, and commercial parking for Kitsap Credit Union. Now, the next block on 5t , as you can see, actually meets the description of the Planning Commission. It's mostly yellow, which is single-family, with one triplex and a few duplexes. Again, if you go further out on 4th, you're seeing the same pattern: mostly singie-family. But this area has been designated multi-family in the past, has been developed at multi-family; investors have counted on that when they made these investments, including me, and I have a few other investors, interested investors, here with me. So, we would like to see this at least to continue multi-family. Thank you." [Ms. Maguire gave a copy of her notes and area map to City staff.] Olivia Voigt, Clear Channel Outdoor, 3601 Sixth Avenue South, Seattle: I'm here tonight to talk about Chapter 20.52 proposed in your zoning code amendment. It came to my attention through this zoning code amendment that actually in 2003 billboard amortization was passed in the City which was never brought to our attention. That's an entirely different subject, but I just wanted to submit into public record this evening a letter that I've written to the Planning Commission and as well, just wanted to reiterate that Clear Channel holds all 24 billboards within the City. We have a vested interest in this community; obviously, and that all other jurisdictions, if research is done, all other jurisdictions within Washington have never successfully completed an amortization program. It's resulted in very lengthy, expensive legal bills for both parties. So, I just kind of wanted to extend the olive branch, give you my name, and let you know that 1'd like to open up discussion. I'll be leaving a letter with the Secretary. [The Planning Commission had already received copies of the letter faxed to DCD earlier in the day.] Will it be submitted into public record? [Yes] Thank you very much." Chris explained that the letter would be forwarded to the City Council before they take action on the new zoning code and not the Planning Commission as they did not have this on their agenda. Cindy Crenshaw, 6400 SW Old Clifton Road, Port Orchard: "I would also like you to reconsider the zoning on 4th Street. I know that there may be plans on putting a police Planning Commission Meeting November 15,2005 ATTACHMENT III Page 20f9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 station in on 4th Street and I think it would be very prudent to have supporting services surrounding that police station. You could have coffee shops, and you could also have, you know, lawyers, bail bondsmen, things that would support that public entity. I think that would be very important. If you go to other cities, around their police department you do not have single-family dwellings. You usually have some sort of supporting services for that public entity. Thank you." Dave Rubie, 3450 Circle Way, Bremerton: "I, too, have some issues with the proposed zoning changes brought before the City Council so I thought 1'd enter some ofthose into record this evening. One was the lack of notification to the property owners. Property owners are pretty much completely unaware of a lot of these zoning changes. It seems to me it's a kind of a 'midnight change' on what's going on and I just happened to stumble across the proposed changes. When I did stumble across it, I found a major error in the zoning: zoning a commercial use property that I own in Bremerton to a single-family dwelling. Needless to say, this was quite shocking to me. If there's one error in this stuff, chances are there are many, many other errors in the zoning; we've heard some of those this evening. I talked with someone in the Planning Department; they indicated to me that there was a need for about 1,500 to 2,000 people to move into the Charleston area to help support that mixed-use area and help sUI?port the businesses and keep them very prosperous. They're taking multi-use, multi-faniily properties and rezoning them to single-family. This doesn't seem to make much sense to me, if you want more people to move to the area, to actually reduce the number of housing units in the area. I do have a problem with the amortization of the outdoor signs. I think you're taking away property and income from families in the area that, in good faith, they purchased the property. You're changing it and you're taking away their livelihoods. I don't think that's right. I think the Planning Department should have given written notification to all property owners that the zoning affects. They need to reassess the need for such restrictive changes. That way we can get more small businesses in the area. I'd be happy to submit this for public record. Thank you." David Butcher, 1749 Gregory Way: "I'm also part owner of part of the property on 4th Street. I also agree with the last gentleman who says that you don't provide notice. You need to tell the people that their property is going to be rezoned instead of publishing it only in the newspaper. That's unacceptable to me, totally unacceptable, and it's already happened to that property before when the City zoned it from commercial to multiple-use residential. There was a store there that cannot now be used because of your zoning; that took away livelihood and several thousand dollars out of my pocket. I don't think that you can just come along and publish it in the newspaper and everybody gets it unless you make sure that every single person in that zoning change gets a copy of the Bremerton Sun with a note attached to the front that says 'This affects you; it's not normal Sun garbage'. That's totally 'catch me if you can' type thing and I don't think that a public entity should be able to do that. Come in and say, 'Eh, I'm sorry. You didn't catch it. Your fault.' Not the way business is - if! come down and I don't know the law and thE- City wants to deal with me, well then I'm guilty because I didn't know the law. That's the same kind of thing. Nobody knows all the laws. Nobody knows that you're rezoning this stuff unless you tell us, and you need to tell us, and you don't tell us. Until you put a posting - if we want to rezone the area, we got to post a notice; the City requires us to Planning Commission Meeting November 15,2005 ATTACHMENT III Page 3 of9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 post it on the property for public comment and everything else. But the City don't have to do that. They just post it in the paper and say, 'That's good'. So I agree with the gentleman before that you guys do a poor job of notifying the people so that we can comment and then let's dictate what we can do. That's not acceptable to me. Thank: you." Chris responded to the last public comment, explaining that the public had been notified of the City's new planning direction over the last four years through legal advertisements and articles in the newspaper. According to State law, once planning is complete the City has to follow through with those plans adopted. Over 1,000 citizens participated in the planning process. Chris explained further that every parcel in the City was affected by this zoning change and no city that has had a citywide rezone has ever notified each individual property owner because the cost of that would be in the tens of thousands of dollars. The City not only provided notification through the local paper, but also hosted informational meetings to raise public awareness of the rezone and to encourage citizens to be involved in the planning of Bremerton's future. [There was some discussion between Chris and Dave Rubie regarding the rezone, the Growth Management Act, and the Comprehensive Plan. Mr. Rubie was at the back of the meeting room and his comments could not be heard on the recording. Chris invited Mr. Rubie to the come into the Community Development office to discuss further zoning information related to Mr. Rubie's property.] Seeing no further comments coming forward, Commissioner Cockburn closed this portion of the meeting. B. Public Hearing: 1. Zoning Package #5 - Considering revision to the Master Development zoning district: Andrea Spencer, Planning Manager, began with the Staff Report on this item which had been distributed to the Commissioners prior to the meeting. She gave an overview of the Master Development (MD) zone and explained how it could be modified to facilitate the sub-area planning process. Staff believes the MD zone should be applied to the East Park and West Park developments which are designated Public Sector Redevelopment Sites. Changes in the text would put in place the direction that, if a sub. area plan is not used, then the R-l 0 zoning designation would be applied. Commissioner Friedberg-Nerf asked to replace the word "may" with "shall" in S20.80.020. Andrea replied that it would be consistent with the Comprehensive Plan. There was no further discussion or deliberation from the Commissioners on this item. Commissioner Cockburn asked for public comment on this item. Seeing none, he closed this portion of the meeting. A motion was made by Commissioner Kennedy and seconded by Commissioner Hoell to recommend to the City Council 1) MD zoning for the sites designated "Public Sector Redevelopment Site" on the 2004 Comprehensive Plan Land Use Map as shown in the attachments I and II in the Staff Report and 2) the revised Planning Commission Meeting November 15, 2005 ATTACHMENT III Page 40f9 DRAFT - SUBJECT TO APPRO V AL ON 12/20/2005 language for the BMC Chapter 20.80, Master Development as shown in Attachment III of the staff report, including replacing the word "may" with "shall" in ~20.80.020. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes. The motion carried. Commissioner Cockburn then opened the public hearing on the Zoning and Comprehensive Plan amendment for the East Park sub-area plan. Nicole Ward, City Planner, reviewed the Staff Report on this item. After giving a brief history of the East Park area, Nicole gave an overview of the Staff recommended changes to the text of the East Park sub-area plan. She also brought a packet from the City of Bremerton's Fire Chief, Al Duke, to the attention of the Commissioners. This packet explained the need for 20-foot wide streets, per the International Fire Code. Mike Mecham, City Engineer, spoke to the Commissioners on modifications to the queuing lanes. The City engineers do not feel that a street width of 16 feet is not adequate for the traffic generated in the development by cars, garbage trucks, and emergency vehicles. The Engineering department recommends the street width be increased to a minimum of 18 feet. Mike also recommends having sidewalks on both sides of the country lanes. Commissioner Friedberg-Nerf asked Mike if his recommendation for another sidewalk would result in the removal of the bio-swaleshown in the proposed plan. He said it did not; he was just making the recommendation of having another sidewalk. Commissioner Cockburn asked if there was adequate clearance for garbage trucks throughout the development. Mike said that Waste Management had been involved in discussions on East Park and they were comfortable with the widths. Commissioner Cockburn asked for public comment on this agenda item. Glen Godfrey, YMCA: "We just want to make sure we get on record that some provisions are made for our sign, which is right in the corner there. I don't know what the plan is for our sign but it's there and we just want to know what's going to happen to it - if it's going to get moved, if we're moving it, if somebody else is moving it, is there going to be a whole different sign, is it going to be part of something else, are we going to have the same square footage, are we going to have the reader-board capability - all those kinds of things. All those questions, I want those on the record. The other things that we're concerned about is what's going to happen to Homer Jones, which, if you don't know, is kind of off the map [referring to the architect's drawing of East Park]. We're concerned that the access doesn't change; that it continue to be a one-way street. That it have parking on it. That we don't change the access of it. We're concerned that it be limited access to the facilities that are up that road and not a thoroughfare because there's kids playing, going back and forth across there; we have speed bumps there, signs, and that kind of thing. We don't want that to be a main thoroughfare. Other concerns we have is to be notified about utility interruptions and that kind of thing before Planning Commission Meeting November 15, 2005 ATTACHMENT III Page 50f9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 they happen so we can plan ahead and not have them the same day. I know that same kind of thing is true for the pool, the skating rink, and Kitsap Community Resources. They all have the same kind of concerns. The other thing is we would like to see, because the traffic is going to get so much greater there irregardless if the access is limited through the 'recreation corridor', it would be nice to see Homer Jones paved; it's pretty well shot right now. So, that would be something we'd like to keep. Thank you." Lon Overson, 1035 Callahan: "I've attended the other [East Park] meetings; it's been encouraging to see the progress of this plan. This process is working. I applaud you people for putting the time and effort that you do to make this work. It is working and I appreciate it. Thank you. One concern of those of us living in this area is that it's going to affect, what we've had in the past is, some pretty stellar views, and I'm going to give you some pictures here to show you what we've been looking at. At previous meetings, had discussed encouragement whatever the developer can do to preserve some of this; recognize there's going to be an impact. That's where I comment that the plan, as it's changed, seems to have been either intentionally or without thought helping this and I appreciate that. I was hoping we could see something comparable to what was put in on the amendment for the animals. We did good for the animals; we gave them a good presentation. I was hoping that humans would get somewhat the same good presentation. But again, corridors, a view, would be a nice addition if you can. Also, they probably can't do too much relative to the animals and their movement up there, but as you can see in the pictures, they move along the northern border because there are hedges and fences that provide them some protection. We see deer and stuff moving around - I haven't gotten any pictures of them yet - we see evidence of them eating apples and roses which they appreciate. I don't know where they're going but they're up there somewhere. I suspect they will use the riparian open space that's been provided. Various people in the Callahan area are concerned about what this will do and I think your process is addressing it as best you can: thousands of people, thousands of cars - it's going to be quite an affect but we hope it's agreeable for everyone. Thank you." Ailene Mueller, 2215 Winfield Avenue: "I live directly across from the ice arena on the other side of the canyon. I really hope that you're all truly sincere about protecting the wildlife. 1 live probably 60 feet from the eagle nest and they're back. I wanted to say, on Sunday I saw four raccoon in our back field, four pheasants, two squirrels, two coyotes - that's a first I've seen them this year - and we have at least six deer. They were in our yard this afternoon. I don't know how, in your corridor that you're planning, you'll keep 50,000 kids out of there. I mean, how do you think that they'll, you know. I love them. It's a joy of my life to look out there and see that and I would think it would enhance a community, too, but I don't know how you'd protect them, but I hope that you can. I brought some pictures to prove it. Thank you." Dick Bruskrud, 1102 Shore Drive: "I'm here representing Mithun [Architects] and the applicant, the East Park developers. We have a couple of things we would like to address here. To begin with, going through the Staff recommendations. I think I'll start at the very back ofthis list if! may. Starting off with the affordable housing element: this kind of took us a little bit of a surprise. Weare attempting to provide housing in all price ranges, but affordable housing was never something that we were trying to do, as far as Planning Commission l\ifeeting November 15, 2005 ATTACHMENT III Page 6 of9 DRAFT - SUBJECT TO APPRO V AL ON 12/20/2005 low-income type housing. Our research has shown that the median income in Bremerton-Silverdale area is about $56,000. That would allow that person to purchase a home of approximately between $260,000 and $300,000. We are attempting to sell homes as low as $200,000 which would be approximately at 80% of the median income of the residents. The list that we got from the Planning staff shows a considerably lower price range, in the $150,000 range, and we just cannot do that. [Chris suggested that the Commissioners return to that item during deliberations.] The eagle habitat, we are well aware of that and we have been attempting to contact the Department of Ecology. They have not returned our phone calls at this particular point in time, but we have procured a copy of the bald eagle report from the State of Washington and we are approximately 630 from the eagle's nest which would put us into some measures of deforestation that should not occur within 800 feet. We have planned on no deforestation type techniques in that area at this particular point in time. As far as the YMCA's concerned, we are more than willing to work with them, in fact, it hasn't gotten back to them but informally I've talked to the Director of the Board of Directors, who's a relative of mine. And I've been a member of the YMCA since I've been a resident of Bremerton, 17 years ago. There are a couple of issues, another issue on the SEPA, determination about the turn lanes. We'd planned on turning on the turn lanes but I think that it should mention that the turn lanes on Schley should be to the sub-area standards and then the turn lanes obviously on Wheaton would be to the City of Bremerton standards since those are different. Weare proposing different standards. The other issues concerning the roads and the fire sprinklers: this isa big issue for us. We have just gotten, this morning, bids back on similar buildings that we're planning on putting into this development. This is a $4,000 ticket; significant prices, running about $2 a square foot to put this type of system in. I'm not sure that we can afford that so we would like to be able to work with the Fire Department staff to try and work out some type of arrangement that could be done at less cost to the homeowner. The final thing, I think, I would like to bring up right now was the sidewalk along the country lane. Our intention here on that particular street was to create kind of this pedestrian - it's kind of a cross between the woonerf and a real street. It's very similar to the street I live on, Shore Drive, where there are no sidewalks. People walk down the street. It's kind of a rural and urban setting, together. This is what we were intending on that particular street. We do have a sidewalk on one side of the street, on the urban side. The other side that borders the forest is broken up by driveways and such where we access these lots so it really isn't as good a spot to walk and then the parking for those units, we expect to be in their driveways. Thank you." Adam Brockus, 1146 Perry Avenue: "Just looking at the plan today, only one really thing caught my mind and that was on the page (I don't have it in front of me) on the mixed-use area. It had a zero-foot setback it was requesting. I think if you look right there, it's at the comer of Schley and Wheaton Way and I would have concerns about the visibility that turning traffic would have to see other cars in just that particular area. The zero-foot setback should be OK for the other three comers of that mixed-use area. Beyond that, I want to thank the staff of the Planning Commission; it looks like yoU'\;~ done a lot of good work in working on this and thank you very much." Commissioner Cockburn asked for any other public comment. Seeing none, he closed this portion of the Public Hearing. Planning Commission Meeting November 15,2005 ATTACHMENT III Page 70f9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 Chris recommended to the Commission to continue this item to the next regular meeting to give the Commissioners and the developer time to review the information and comments and come up with a plan that can be supported by both sides and to be able to make a recommendation that won't have a lot of qualifiers. Commissioner Kennedy asked if the affordable housing development standards came from Staff. Chris replied that it derives from the basis for the publicly owned redevelopment site; developers choose how they want their development plan and set their standards, and in exchange, the Comprehensive Plan allows this when there is a public benefit such as the public housing need. Chris invited Dick Bruskrudto discuss this item. Dick explained three different housing types that could address this issue. These would be rental units, but would offer affordable housing for lower incomes in an owner-occupied neighborhood. Commissioner Friedberg-Nerf asked about the mixed-use area at Wheaton Way and Schley Boulevard. She wanted to know if both condominiums and apartments would be available there. Dick replied that there are only condominiums planned for that area with commercial on the comer. Dick talked about the cost of sprinkling the homes and the cost of that. He also explained that it was intended for the development to have narrower streets with parking on both sides to induce the residents to drive slower, reviewing the thought behind the narrow streets and their ability to accommodate emergency vehicles. Chris reminded Dick of the memorandum from the City Fire Chief outlining the responsibility of the City to follow the International Fire Code which requires 20-foot wide streets with no exceptions. He explained that the Commissioners have to take that into consideration, as well as the knowledge that sprinklers could help solve the problem but the applicant may not want to proceed with that solution because of the cost, when they are deliberating on what action to take. Referring to an e-mail from Commissioner Streissguth, Commissioner Kennedy asked about the use of natural vegetation in the development. Dick said that a wildlife biologist had been consulted to ensure the correct vegetation will be used in the 60-foot greenway. He reminded the Commissioners that the riparian area was not included in the East Park development and may change in character because East Park does not control it. A motion was made by Commissioner Kennedy and seconded by Commissioner Friedberg-Nerf to continue deliberation and discussion on the amendment to the East Park sub-area plan to the next regular meeting on December 20, 2005. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes. The motion carried. VI. Business Meeting A. Chairman's Report: None. Planning Commission Meeting November 15,2005 ATTACHMENT III Page 8 of9 DRAFT - SUBJECT TO APPROVAL ON 12/2012005 B. Director's Report: Chris Hugo reported that some of the Planning staff attend the State Planning Conference in Bellevue earlier this month. A more complete report will be presented to the Commissioners at a later date. The Mayor's office is still working on finding a suitable replacement for the vacant Planning Commission seat. Currently, the only applicants are from the Manette area and a more diverse commission is desired. C. Old Business: None D. New Business: Pam Wilson, City Staff, reminded the Commissioners that the 2006 elections would be taking place at the next regular meeting and to be thinking about nominations, etc. VII. Adjournment Meeting was adjourned at 6:50 p.m. The next Regular Meeting is scheduled for December 20, 2005. Respectfully submitted by: Chris Hugo, Executive Secretary Approved by: Linda Streissguth, Chairman Planning Commission Meeting November 15, 2005 ATTACHMENT III Page 9 of9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 Chris recommended to the Commission to continue this item to the next regular meeting to give the Commissioners and the developer time to review the information and comments and come up with a plan that can be supported by both sides and to be able to make a recommendation that won't have a lot of qualifiers. Commissioner Kennedy asked if the affordable housing development standards came from Staff. Chris replied that it derives from the basis for the publicly owned redevelopment site; developers choose how they want their development plan and set their standards, and in exchange, the Comprehensive Plan allows this when there is a public benefit such as the public housing need. Chris invited Dick Bruskrud to discuss this item. Dick explained three different housing types that could address this issue. These would be rental units, but would offer affordable housing for lower incomes in an owner-occupied neighborhood. Commissioner Friedberg-Nerf asked about the mixed-use area at Wheaton Way and Schley Boulevard. She wanted to know if both condominiums and apartments would be available there. Dick replied that there are only condominiums planned for that area with commercial on the comer. Dick talked about the cost of sprinkling the homes and the cost of that. He also explained that it was intended for the development to have narrower streets with parking on both sides to induce the residents to drive slower, reviewing the thought behind the narrow streets and their ability to accommodate emergency vehicles. Chris reminded Dick of the memorandum from the City Fire Chief outlining the responsibility of the City to follow the International Fire Code which requires 20-foot wide streets with no exceptions. He explained that the Commissioners have to take that into consideration, as well as the knowledge that sprinklers could help solve the problem but the applicant may not want to proceed with that solution because of the cost, when they are deliberating on what action to take. Referring to an e-mail from Commissioner Streissguth, Commissioner Kennedy asked about the use of natural vegetation in the development. Dick said that a wildlife biologist had been consulted to ensure the correct vegetation will be used in the 60-foot greenway. He reminded the Commissioners that the riparian area was not included in the East Park development and may change in character because East Park does not control it. A motion was made by Commissioner Kennedy and seconded by Commissioner Friedberg-Nerf to continue deliberation and discussion on the amendment to the East Park sub-area plan to the next regular meeting on December 20, 2005. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes. The motion carried. VI, Business Meeting A. Chairman's Report: None. Planning Commission Meeting November 15,2005 ATTACHMENT III Page 80f9 DRAFT - SUBJECT TO APPROVAL ON 12/20/2005 B. Director's Report: Chris Hugo reported that some of the Planning staff attend the State Planning Conference in Bellevue earlier this month. A more complete report will be presented to the Commissioners at a later date. The Mayor's office is still working on finding a suitable replacement for the vacant Planning Commission seat. Currently, the only applicants are from the Manette area and a more diverse commission is desired. C. Old Business: None D. New Business: Pam Wilson, City Staff, reminded the Commissioners that the 2006 elections would be taking place at the next regular meeting and to be thinking about nominations, etc. VII. Adjournment Meeting was adjourned at 6:50 p.m. The next Regular Meeting is scheduled for December 20, 2005. Respectfully submitted by: Chris Hugo, Executive Secretary Approved by: Linda Streissguth, Chairman Planning Commission Meeting November 15, 2005 ATTACHMENT III Page 9 of9 11, - ~.). 'V. ;I' '~' ;'8(.01' ..:)\,j\::l1\'\\t.\..""\.,,i / I} .... . . -5. U ~ --- 'J -~\."\... L'- ;r-1'/1 II I~ jlA~ ) '10(,~ ,~ .' \'.\~Lf\(1\(W ./'.'.'. ...',,< t:\...{..~/''''{,-V'''''l,i(./ I - - .. '. - ,. .) '-..L{~rY\\ '> " -' , A-02~ A-c \\I,1\-5ILf:: Introduce myself: I have a master's degree in Urban Planning with a focus on environmental planning and I serve on the City of Bremerton's on environmental planning subcommittee. I also worked for over six years as a planner for Snohomish County. I am also a small investor in Bremerton and own a triplex in Area C, a duplex on the hill above the Charleston district and a house near St. Vincent DePaul. I am spending thousands of dollars currently improving the properties that I own and I have invested over $80,000 in remodeling and improvements to properties in the city that I have already sold. I'd like to talk to you about Area C in Bremerton's Core: The Planning Department claims that this block is pre-dominantly single family housing built at medium densities. In fact, if this were true, their conclusions about future zoning for Area C would be logical. However, let's discuss the facts. Let's first look at 5th Street - in this case, the Planning Department is correct ... it is mostly single family with a few duplexes interspersed. The houses ARE mostly well-maintained and in good condition (see photos). Also, the densities of development are lower ranging from 11 to 15 units per acre for the single family houses and roughly' 14 to 28 units per acre for the duplexes since some sit on double lots. ,. (. ,~'+t. n... aV.c, <;"', ,1:', !....i ...'-1-...+---11"1 j - - '.'-.l \.1 '- (A '- L c) .J, / i 6'--1-1. . t,J. , Itt/-t:. ," Howev. er, ~th s~..[e e:e;~: I.';S a w.hole. .d.. .iffe. . rent s.tory. Let's look at the map and 'I-- /-7..... ... ',_. _,L( ~ then examm,~~~~erences R~mt by pomt: ';./,.,j ,~i ~L . ) ,''I' (~DENSIT;:~F DEVEL~~~~~~~~~~IY~~ingle family house on LJ ~:'-j~~ i the entire block of 4th 8t between Warren and Chester (see map). There are" '1.hf~\...Jj&J ??? ~ulti-fa~ily buildi~gs in this b~ock ranging from 33?? to.4417 un~ts per ~.) ~\.\.;.. acre m denSIty. Excludmg the parkmg lots, the average denSIty for thIS Q,vt section of 4th St is????? (Compare this to 5th Ave where the average density ',1 is 14 units per acre and an average density of II units per acre on 4th St between Chester and V eneta.) GENERAL CONDITION OF THE BUILDINGS: Many of the buildings on 5th St and on 4th St further out (between Chester and High) are mostly in good condition and have been or are being rehabilitated (see photos). In Attachment III Public Comments contrast, many of the smaller rental buildings on 4th St and on Burwell between Warren and Chester are seriously dilapidated (see photos). On the other hand, most of the larger apartment buildings in Area C that were built at higher densities of 33 to 90 units per acre have been or are being renovated and are in good condition. (There is one very notable exception- the large apartment complex owned by Diamond Parking near the comer of Warren and Burwell). PARKING: These Parking lots are NOT residential in character: They do not serve the adjacent residential properties (see photos). Rather, parking is classified by the use it serves: this parking serves Kitsap Credit Union which is commercial and the shipyard which is marine industrial (or at least commercial) Also, the Comprehensive plan seeks to reduce the number of these surface parking lots in favor of underground parking or parking in structures. Down-zoning this neighborhood greatly reduces the incentive to redevelop these parking lots, since parking lots are more lucditive than single family houses. BRAINSTORMING: . Area C presents a very difficult problem for a City that intends to become a showplace for the Northwest. Here you have an area right next to the downtown that is rundown and a haven for prostitutes and drug dealers. While some landlords like me and the Crenshaws are more careful about screening tenants, other landlords in the area are not. Because of the existing problems in the neighborhood, it is very difficult to find good law-abiding renters. It would be a shame to leave this viper's nest right next to the newly developed downtown. I think this area badly needs to be re-developed for the health of the downtown and higher density would help to encourage re-development of this area. --- I have a creative suggestion for Area C. I have heard that the city is looking for a city for a new courthouse. Possibly the city could purchase some of these surface parking lots and the dilapidated buildings and tear down the buildings for a site for the new courthouse. The courthouse would then be directly across the street from the new police station. Attachment III Public Com ments GROWTH MANAGEMENT: was designed to focus higher densities in the urban core - not to downzone areas of the urban core that have already been developed at high densities. This area has been designated higIl density multi-family for<<tV:fi ten years and has been developed at that density. Prior to that, it was zoned commercial, as evidenced by the multiple commercial uses still remaining in the neighborhood (including parking). This multi-family housing is loca.ted closer to the ferry dock than any other multi-family area in the city and even closer to the Navy gate at ???location??? Easy accessibility is the primary reason there are so many successful parking lots here. INCOMPATIBLE USES: Also, basic planning principles would not allow single family housing across from dense commercial uses such as Kitsap Credit Union on Burwell. From a practical standpoint, generally people do not want to live across from dense commercial uses. SUMMARY: In Summary, take a look at this map and I'm sure you will agree with me that Area C has been developed at very high densities that were consistent with the zoning in existence at the time and Area C deserves to keep it's high density status. In addition, I propose that the boundary for area C be re-drawn to include the properties across the street on Chester. Since this follows general planning principles and' this principle has been used in drawing the lines for the other zoning districts. Attachment III Pubiic Comments 'tl '-I j ~! , --==1 j~..' '"",' II -, ~ - ,.. 1'-'." ,- ,,' ~~i~~~ ---."""-"" '. ~... ",'.<-",. ... ' .._~-_.. ..-, ..:....:...:,.---:--~- , . '~~-~:-'" ':: . ". . ~7rr .:r(.y-..~ , -- ;.:,005-9'{!"!:- -.--.. ",:. ". 'g'.il'". .'..', ...., :.'\ 0 {) 4 _~) t.! .~ :: CJ2-:-'o#~.~j-~.~ ----, ..- . .F-=~.; -:::, ~:, '': _ 2 _ -=-:~: -=-~I e::. ,..' .L':" ,,' ., ~ · ;:::; ."1 ;,.1- -'~-~.j _.""--.~ . 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'--04- ; ~oo3-oo1 '" <;;009::00 'i-I j , ~ ~-; .:;ll u...M -r-; t...I (i ~'~i 1 j Attachment "' Public Comments cny COUNCIL DFFICE" , , I::lL,L,~~. .... < November 20, 2005 Dear Concerned Council Member: Let me Introduce myself: My name is Rebecca Maguire. I have a Master's Degree in Urban Planning with a focus on environmental planning and I serve on the City ofBremerton's environmental planning subcommittee. I have over six years of experience as a planner for Snohomish County. I am also a small investor in Bremerton and own a triplex in Area C, a duplex on the hill above the Charleston district and a house near St. Vincent DePaul. I am spending thousands of dollars improving the properties that I currently own and I have already invested over $80,000 in remodeling and improvements to several other properties that I formerly owned in the City of Bremerton. I'd like to talk to you about the proposal to downzone Area C in Bremerton's Core. This area has been zoned MR (multi-family) for the past ten years and was formerly zoned commercial: The Planning Department claims that Area C is pre-dominantly single family housing built at medium densities. In fact, if this were true, their conclusions about future zoning for Area C would be logical. However, let's look at the facts: Let's first look at 5th Street - in this case, the Planning Department is correct (see map) - it is predominantly single family with a few duplexes and triplexes interspersed. The houses ARE mostly well-maintained and in good condition. Also, the overall density of development is 14 units per acre. So this area is medium density (slightly higher than the proposed R-IO zoning). Similarly, 4th S1. past Chester is almost exclusively single family with a density of about 12 units per acre. However, 4th street between Warren and Chester is a whole different story. Let's look at the map and then examine the differences point by point: DENSITY OF DEVELOPMENT: There are only two single family house on the entire block of 4th St between Warren and Chester (see map) and the overall development density on this block (exclusive of the commercial parking lots) is 29 units per acre. Half of the lots in this block are commercial parking or institutional (Church). The section of Burwell between Warren and Chester is even denser, at 34 units per acre. PARKING: These Parking lots are NOT residential in character: They do not serve the adj acent residential properties. According to the new Comprehensive Plan, parking is classified by the use it serves. Parking in this area serves Kitsap Credit Union which is commercial and the shipyard which is marine industrial (or commercial). Also, the Comprehensive plan states that the City seeks to reduce the number of surface parking lots in favor of underground parking or parking in . structures. Down-zoning this neighborhood greatly reduces the incentive to redevelop these parking lots, since parking lots are more lucrative than single family houses. SUPPORTING USES: Typically, police stations are not surrounded by single family houses. Rather, supporting uses, such as lawyers, bail bondsmen, coffee/donut shop, parking, and other services will be needed nearby to support the new police station. The Kitsap Credit Union property (future location of the police station) has very little parking on site. Most of Kitsap Credit Union's current parking facilities are located across the street in Area C (see map). INCOMPATIBLE USES: Also, basic planning principles would not allow single family housing across from dense commercial uses such as Kitsap Credit Union on Burwell. From a practical standpoint, people do not want to live across from dense commercial uses. GRANDFATHER USE STATUS: does not protect the value of the current higher intensity uses in this neighborhood. Banks are not willing to finance the full value of a property if it cannot be rebuilt to it's full potential. Insurance is also difficult to obtain for the same reason. Buyers of these properties will not pay full price if banks will not loan them the money. Current investors should not be penalized for developing and purchasing buildings that were developed consistent with the existing zoning at the time they were built. GROWTH MANAGEMENT: was designed to focus higher densities in the urban core - not to downzone areas of the urban core that have already been developed at high densities. This area has been designated MR for over ten years and has been developed at high density with a maximum permitted overall density of 44 units per acre. Prior to that, it was zoned commercial, and multiple commercial uses still remain in the neighborhood (including parking). In fact, more than 50% of the lots on 4th St between Warren and Chester are commercial or institutional. The multi-family housing in this neighborhood is located closer to the ferry dock than most of the other MR areas in the new Comprehensive Plan and the Navy gate is only two blocks away. Easy accessibility to both the ferry and employment opportunities is the primary reason there are so many successful parking lots here. BRAINSTORMING: Area C presents a very difficult problem for a City that intends to become a showplace for the Northwest. Here you have an area right next to the downtown that is rundown and there are problems with drug dealers in the area. While several investors in the area have well- maintained buildings and make sure they have good renters, one notable landlord (actually the largest landholder) in Area C does not. It would be a shame to leave this problem area right next to the newly developed downtown. This area badly needs to be re-developed for the health of the downtown and higher density zoning would help to encourage re- development of this area. --- I have a creative suggestion for Area C. I have heard that the city is looking for a city for a new courthouse. Possibly the city could purchase some of these surface parking lots and the dilapidated buildings and tear down the buildings for a site for the new courthouse. The courthouse would then be directly across the street from the new police station. SUMMARY: In Summary, take a look at the following map and I'm sure you will agree with me that Area C has been developed at very high densities that were consistent with the zoning in existence at the time and Area C deserves to keep it's high density MR status and that you further consider granting DRC status to this area to provide supporting uses to the future police station. In addition, I propose that the boundary for area C be re-drawn to include the properties across the street on Chester. This conforms to standard planning principles that recommend that zoning be the same on both sides of a street (this principle has already been used extensively throughout the Comprehensive Plan to draw the lines for the other zoning districts). Please see proposed boundary lines on attached map. ~ ~" ;"L _ lh " '" . . I "'Vld-VU -. ~0/9-00 Vii) -VU 0/2-00 ;;; )11 011-00 - '~020-00 ':C. 021-'00 ;""'022- 00 c:: 023-0.0 ';; 024-00 <: I _ '/5- 0 ;;; ---rM- ~ " <;; /=e-o-~ ::;;029~0() :0: 030-00 ~ * ~().1~.QJ) -~~04- ~offJ~oo ~ ~ WAR*RE.N II :;s L ii Sli\']k H:uvlI \y :<1( ~ ->.1 !- Ii D\.\..p It-y- .- .., -.. .." -- \~C\,<:\J~~'~~l_, ::..).~j \ (\.()"\ 't!;....-) CD\) '\I\(\'c..~(d,:.. ::\\y"" k.i i'\~l \-:;(\'+~, ~~' C('.xl~+ lA.\'\ \&V\. _"'.',.. N ~W AJ~CfjO\AwJ.o...\~~ Cr'LLL'tC\'v T,';plql ..:....r',. ;" .~~. " "'-:,JI!"'" . REAL ESTATE INVESTMENT SERVICES ~. ., THE M.S. CAVOAD Co. INCORPORATED . .lLje'BIt?S... November 16, 22005 Bremerton City Council 239 4th Street Bremerton, WA 98337 Ref: 35 foot height restriction in MR zone on the waterside of Washington Avenue and view corridors Dear Council Members, My architects met with City Staff on Monday and with your current interpretation of your Zoning Code, you have made all sites along Washington Avenue economically unfeasible to build. The result of the current Zoning Code would be buildings no more than 2 stories above Washington Avenue and in some cases, only 1 story above Washington Avenue. With parking normally underneath buildings and the view corridor, it means on your average 50 ft. lot, you will have a duplex, at most. There is no incentive for a developer to build duplexes. Current house prices along Washington Avenue have risen dramatically in the last year. The only projects that will be feasible will be significantly higher density developments. If the rundown houses along Washington A venue are ever to disappear, there needs to be a zoning code that encourages development. Sincerely, ~z2l /1 j ". A!/h M rk oldberg J President MBG: tt . 4739 University Way Northeast, Suite 1607 (206) 524-4846 Seattle, Washington 98105 Fax (206) 524-2927 . - - ---- -_ ..0;;>-.1' rl~' ':::>H AKCHlTECTS .... i ..'; t; .... I i --&~ -1> tDVI-i o o~ ;:1> ~~~ .. Soe: E> . .....<1;' ....00 .Jh ~ {'I} '0 2l'rl= x.; (') 1'1; ~ - ; : . , ~ ~, ~ .~ 425 401 0G30 P.02 .35 I c: a tA Co F J ~ i "J. I I _ i i I i _ ) t'i ~ ~ ~ I NOV-16-2885 85:35 PM TSA ARCHITECTS -- ..- ,. Q .. ~~ ~~~ ~I> ~~~ - 9~ ~>:::.' >c:B ('II n .Jif >l> CI)_ 00. "'" 2m:=: li:'; <' ~ o -. te' . ",,' . ~ . .."",.,~...;;'&J:- ..' ~ . ...~~I-~ $l.5' to I t -- 425 481 8638 P.83 ~ :t ~ ~ ~ 6 ~ ~ ~ ~ ~ - ~ , J L ....~- I i :..\ ! November 21,2005 City of Bremerton Director of Community Development Mr. Chris Hugo u /':<'::1./ PS--- RE: PROPOSED AMMENDMENT TO THE ZONING CODE Dear Mr. Hugo, We have some concerns with the proposed amendments to the Zoning Code. Our concerns involve potential serious negative impacts to our mixed- use property as a result of imposing off street parking requirements on existing structures. We purchased a mixed- use building at the comer of 6th and Wycoff in October 2004. It was in a fairly dilapidated state. It was partly occupied by tenants who had enjoyed no building maintenance for several years. We have invested considerable time and money in the renovation ofthis attractive 2 story, 10,800 sq. ft. Art Deco structure. The building contains 4 apartments on the second floor, 4 store front commercial spaces( 3 at 600 sq ft and 1 at 800 sq ft ) and a 5000 sq ft warehouse. The yearlong renovation is complete, the apartments, warehouse and one of the storefront commercial spaces are occupied. We are actively marketing the other commercial spaces but are unsure what to tell our prospective tenants. The lack of parking requirements in the current zoning was one of the factors we considered in this investment. And although we recognize that we don't own the zoning, we assumed that our building would be "grandfathered" as there is NO on site parking and it has been a mixed use building since its construction in 1941. We have discussed the proposed changes with your very helpful staff and recognize the provisions that are designed to minimize and phase in the parking requirements but feel that our situation, because we currently have vacant spaces, will severely limit what type business we can put in these spaces and increase the possibility that part of the building would remain vacant. That seems contrary to the clear message from city hall that redevelopement of existing structures is desirable. . The current range of allowable uses for our spaces is extensive and our highly visible comer space is a natural for a deli, or coffee shop and many people have expressed an interest in such. Under the proposed change such a use is questionable, as we have no off- street parking. Further, there is simply no way to add off street parking since the building is sited with zero line set backs. Imposing an on-site parking requirement will hamper the revitalization of the Charleston area. The long vacant properties will remain empty unless a different approach to parking is adopted. We request you consider not implementing the off-street parking requirements and let the community explore other, less drastic parking solutions, perhaps adjusting the time limits on the current on street parking as well as enforcement adjustments. We would also be willing to look at an LID type assessment to provide some type of parking enhancement in the district, Clearly, off-street parking requirements should be a factor in major new developments where the lot size is large enough to incorporate parking. There are several large parcels in the Charleston area that are vacant or currently covered by vacant or substandard structures. Logically, development on these parcels could even accommodate below grade parking as is being incorporated into the new structures downtown. We appreciate all the hard work that has gone into this document and recognize it is an effort to enhance the viability of these centers for the benefit of the entire community. We very strongly feel the parking requirements at this time will bring about just the opposite effect and could end up adding to the inventory of empty store-fronts. Please incorporate these comments into the official records for the City Council process for the consideration of the proposed amendments to the Zoning Code. Sincerely ib-O~ Charleston Center LLC David Farr, manager ~ .~ ~ ..~ "''';fl,~ . , ~(VJ ~~ \) .{ \1':. .. " -=s :t. () ~cj;,~ :.;:' .... f ~~. ~ r~~" JV '<-i . ~ "~ (Ci I ::;:' \'" {.)"J ~ -t> \..N "-. <'::': C'. !> ~"~t....> .~ ~ ..", ~. ~. ~ c- 'ii, "'.... " ~. ~, ~. //(''':) /'J If". " <. - t ,) '-', I V Y I i 11:3 c I o~ #) fur 58 fr fl60s - a.31 I Ori. t.f1Sf) I .../ t,~ ..~ . cc.; thY's~;, J Del) tl1 e c / ry, C 6 C/ /.;) elL C) r 13/f t2 ~te/( -r;;~j o {if{ &1"'! -(IV Iz H(J e (~() ,ed' C:P /tj tf{/Jil A~-d- /I (j e ~ 5/ /.Jc ~ / C( 7 c) w e' l:Jc~ c,..r~.J1T [I; e !Ie) CI ,f e /Al 1//t.~I(/. t);::: /96'? ve ! e t ttit e r eo {Jf e ~/ f; 6" t(/' e ,I e f1 A't ;t,t;<, , , 5//1-,,-,/ /'::1 c.~; 4 (I' ?<!) (l..f/l f'A ;tiff /VG-:;;.)., e r.:: . /} /l. If!. tVZ ,g 2... Ie? /'./ t 5114(/ tl,{/ T; tlt~. e /t/ (' 6) 1,1 ( d' r: 1(\/ d.. ;4 ;(.)'t? ,-t1cf.. f t+ c .-e r t.'t!) e.. ./1-/ -.. .. '. . ' . IlZe:J In A IIV r e (1.. fj e) 1:.../. tG/ 'E'.2b (..;:" (/ tf- Ii T 'Tit ,c h rt! (,1 .5 e t(/ a G '11; e --i / Z e '('rite,. /J en (,(11 f~( 4 ,. . , . "- e/I el,(,/ (,0' ~ I, 110 e . i t;.)uf(/N6.. C!;'LAl tJ U etZ t?l & U./ pt- T 4!.....t: r1 ~i c;,( rt)W r L/S If;- /~16jtfA/l" Kat tJ'E:fl.., L.c/e d~;/ I..iVL tt/<ltJT tll at ~)I i? U/. 11:l/:< ep:.l f~ cu If;V/ /;J~;; 14/ ( /i., ..;: . .~( ...... . r~ 1'7'., ,. (t/~/dt), CPl-. 6/(.,(jIU /1 ()L.l f}t-,5. /fr.?/ L4.1tl/~ So m B th I_tv~ tll prl/ tt/Pl/ ( d (C/c;"5 'r~' 8 (oe 1<. (?ii,; tt- Vr e c{/. it/' (/' l/ kl IJ c/ 1,\' 14 G l Si.&!- () /j iT' /J ..' /......- / /;~l>' ,0', . ,/'l ;.., i. .~';;;;;a..f> U c' 6 ~.. {\vl l .-' r.'''/ C,i 't:' t: (;.r I 0 \ L/j,/l-r 't: - .. 1 f.? - r'':) " "J -n ' (116' e f"'- I r/ , /) . , '"^. ~,~ IX) L. f!:: ( y 4t~t~1.j~,~?7u~'1v4ff (f/tf.~"tf...,c/.<Y5,/V~j!,t;~;4'--~'" 6,9) tfrit) ( t1 J;'i !) Commivsioners: KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY KIM ABEL, Chair PA1TY LENT, Vice Chair JAN ANGEL DONNA JEAN BRUCE CHRIS ENDRESEN TROY ERICKSON DARLENE KORDONOWY Executive DireClOr NORMAN Mrl 01 Jr.Hl IN November 30, 2005 Daren Nygren 345 6th Street, Suite 600 Bremerton, W A 98337 Dear Daren, , ;i!Ei) (TN COUNCil . l.l J~.". JD~.~~ (e;~t.._. _"__'_L'i';'_':"='~/,-~/J--- ~' The City Council is scheduled to act on Ordinance No. 4950 at this evening's meeting. I recognize this as the culmination of a long process to update the City's Comprebensive Plan. As the Community Renewal Agency for tbe City, Kitsap County Consolidated Housing Autbority requests tbe Council reconsider some of tbe beight restrictions in the area bounded by Puget Sound Naval Shipyard, Sinclair Inlet and the Port Washington Narrows, 11th Street on the North, and Park Avenue on the West. This is in the heart of Bremerton's community renewal area. Development in the above defined area will determine tbe long-term success in the economic revitalization of Bremerton. An.increase in downtown residential bousing is needed to support additional business growtb in the downtown core. Additional restaurants, tbeatres, entertainment complexes, and retail outlets need a customer base. The best customer base will be those who will be able to walk from home to tbeir destination. Increased density in tbe defined area will be ideal in that it will support pedestrian access to the downtown core and the transportation center. The Council needs to look at the economic benefits realized to date and extrapolate to wbat can be achieved. As a particular case in point, restricting beights to 35 to 40 feet nortb of 6th Street along Pleasant Avenue and Highland Avenue is not in the best economic interest of the city. This area, which crests a hill, should be able to support substantially higher structures that will make multi-family development economically viable. I urge you to take advantage of the geography to create bigber rise view properties. If it is considered necessary to adopt the proposed restrictions at this time, we strongly encourage the Council to implement a process to reconsider some of tbe restrictions in tbe near future. Sincerely, ~:: Executive Director Cc: Cbris Hugo, Community Development Director and Roger Lubovicb, City Attorney Mailing Address: 9307 Bayshore Drive NW · Siluerdale, Washington 98383-9113 Delivery Address: 345 (jth Street · Suite 100 · Bremerton, Washington 98337 (360) 337-5600 · TDD (360) 779-4333 · Fax (360) 337-7082 htto:/ /www.kccha.ora · a HUD approued certified Housing Counseling Agency Curtis Lending 631 Washington Ave. PO Box 288 Bremerton, WA 98337 11/30)05" . ~ C c..: ChV'l~ ~ I 'f)lJ) November 30, 2005 Bremerton City Council 239 4th Street Bremerton, WA 983377 Re: 35 foot height restriction in MR zone (Washington, Highland and Pleasant) I am one of the owners of the property in question. I would like to make two points. First, this project will provide a large economic boost and a tax windfall for the city. Well over $20,000,000 will be spent on this project. That is a lot of to spend in a town of 40,000 people. The excise tax on the sales of the condos could be about half a million dollars of which $150,000 goes to Bremerton. Each year the condo owners will pay property taxes of around $400,000. There will be some extra costs to the city but the area is zoned for type of project because the infrastructure is in place. It is next to a bus stop. It is walking distance to the ferry and the shipyard. There will be significant revenue at relatively little cost. The second point is that the owners of these properties are not a big corporation or even rich people. We are three families who are risking their future on this. When my wife and I moved to Bremerton, we owned one house that we sold for $120,000. Donald and Monica Smithhisler had never owned any property before moving to Bremerton. Shane Schrodt was a mailman who owned 5 properties. I live in what the city refers to as a "substandard" two bedroom, 1 bathroom house. My son and my daughter have to share a bedroom. The Smithhislers live in the basement of substandard 2 bedroom, 1 bathroom duplex. Their son and daughter also share a bedroom. Shane Schrodt lives in a substandard home as well. Everywinter, it rains in his dining room. . We don't have money for a property manager or even to hire a handyman. When a toilet clogs, we get the plunger. When a pipe freezes, we are the ones lying in mud in 10 degree weather. Last year, my wife and I were fixing the roof of a house at 10 at night. We both needed tetanus shots after that adventure. I am not complaining. We knowingly made these choices. We have sacrificed for four years and risked our lives savings for this project. It may seem like nothing to you to ask to wait but for us it is a crisis. We have all been living off credit cards to pay for these properties. Unless we sell some properties, we will not be able to make our mortgage payments in less than six months. We simply do not have time to hope you make changes to the zoning. Two weeks ago, we were expecting an offer on our property that would make our gamble payoff. Unbeknownst to us, you were planning our bankruptcy.. Tonight you will decide our fate. Thank you, Curtis Lending .L DA VIO RUBIE '5ltt6MI7fW A--r ~f\.JI/J'" ClMAIt€SSilltJ MEinAib II/IS I 'U>>~ November 15,2005 To the City of Bremerton Planning Department This letter is to express fierce opposition to the "proposed" zoning changes soon to be brought forth before the city council. 1) Lack of Proper Notification. The city has not notified the property owners of this pending zoning change. Simply putting a notice in the Kitsap Sun is not adequate notification. Many owners do not subscribe to the paper and many owners live out of the area and are unaware of the tactics of the city to ta~e and severely restrict the use of their property. All property owners must be notified in writing as to the ramifications of the zoning changes. There needs to be ample time in which to allow property owners the ability to research that what the city is proposing to do is sound. This proposal has an extreme impact on the use of property in the city and should not be pushed through against the will of the citizens of Bremerton. 2) Errors in Proposal. The rezoning should not be more restrictive than current zoning regulations. It should not change property that has been commercial since construction, in the 1940's, to single family dwellings. If there is this one error, there are sure to be many, many others. . 3) According to Director of Community Development, Charleston needs between 1500 and 2000 people to move in to the Charleston area to help support the local business, in this great mixed use and historic area. It seems contrary therefore that an area that is mostly multi-family and mixed use on a m~or arterial and adjacent to a District Commercial Centre, is to be zoned single family. 4) Amortization of Outdoor Signs. It is WTong for the city to take away the use of ones private property and that property's ability to provide an income for the owner's family. Many local property owners are not aware that this is happening. All of the above should have been disclosed to all concerned. This means written notification to all property owners with ample time to address concerns, errors, and re-assess the need for such restrictive changes. Most of the business in Bremerton is small business. Any changes to the zoning of Bremerton should be less restrictive to attract new small businesses, property owners and prosperity. Respectfully, J. David Rubie Attachment ill Public Comments ~ CLEARCHANNEL OUTDOOR. '~)C\Jfn. ,\k.J.\ C"-.;~ '\=\c....\\\\.l-G\ (' . ,.~,., ...." \'. -- I .. ~.) '- Co.;.('. fl'" ~..>::h) \ \ l \ '''J I L. "::J l~r~(28Q ~lQ) L.J U NUV 1 '7 2005 November 15, 2005 BREf'l1ERTON~Dl:PT. OF COMMUNiTY DEVELOPMENT Chair Linda Streissguth and Members of the Planning Commission City of Bremerton 345 6th Street Suite 600 Bremerton, WA 98337 FAX: (360) 473-5278 RE: Proposed Sign Code Amendments Dear Chair LindaStreissguth and Members of the Planning Commission :Included in your Title 20 amendment package to the City Council is a proposal to eliminate billboards through a 10 year amortization program. Clear Channel owns approximately 24 billboards in the City ofBremerton. The success of our business is dependent upon billboard structures, at visible locations throughout the region. Loss of the Bremerton market would represent a major loss to Clear Channel. We do not view amortization as just compensation for such a loss. The value of our Bremerton billboards are extensive. It is our expectation that the value of the boards at the end of the 10-year amortization term would be considerably greater. Several jurisdictions have found that amortization creates more problems than it solves. Most recently, the City of Woodinville Planning Commission made the decision not to pursue amortization. Commissioners arrived at this decision after researching the potential cost to the city of such a program. Clear Channel's has considerable experience with this issue and is more than happy to serve as a resource on alternatives. Very truly y;~.':!rsp.~--' ---"' (-,-j~ . - ~ __ --1:__~'/~ Olivia Voigts ~--,-_-'') Real Estate Manager Clear Channel Outdoor Seattle Division ***Sent via Facsimile & US Mail 3.2 38:3 5 C)nrd.oor /~-.~- r)")77 ."'.' ;:1 '.' '': .~ ') \ "'i;.; J-t ,..-.vf,cie.1fCh;J;1;-1,=JourJlJor.,.:om Attachment III Pubiic Comments ~ CLEARCHANNEL OUTDOOR (flY (OUiiCll OFfK~ -, ,,-.~ --,,~~ .e ...lliJ1IJL?~~<M_~_.... November 15, 2005 Council President Daren Nygren and Members of the Council City of Bremerton 345 6th Street Suite 600 Bremerton, WA 98337 citycouncil@ci.bremerton.wa.us RE: Proposed Sign Code Amendments Dear Council President Daren Nygren and Members of the Council Included in your Title 20 amendment package to the City Council is a proposal to eliminate billboards through a 10 year amortization program. Clear Channel owns approximately 24 billboards in the City of Bremerton. The success of our business is dependent upon billboard structures, at visible locations throughout the region. Loss of the Bremerton market would represent a major loss to Clear Channel. We do not view amortization as just compensation for such a loss. The value of our Bremerton billboards are extensive. It is our expectation that the value of the boards at the end of the 1 O-year amortization term would be considerably greater. Several jurisdictions have found that amortization creates more problems than it solves. Most recently, the City of Woodinville Planning Commission made the decision not to pursue amortization. Commissioners arrived at this decision after researching the potential cost to the city of such a program. Clear Channel's has considerable experience with this issue and is more than happy to serve as a resource on alternatives. Olivia Voigts Real Estate Manager Clear Channel Outdoor Seattle Division ***Sent via e-mail & US Mail CI.earChan nd Outdoor 3601 6th Avenue South 0 Seattle, WA 98134 0 www.c1earchanneloutdoor.com Claire Schrodt 631 Washington Avenue PO Box 288 Bremerton, WA 98337 NO~~~:~ Bremerton City Council 239 4th Street Bremerton, WA 98337 Ref: 35 foot height restriction in MR zone (Washington, Highland, Pleasant) Dear Council Members, My name is Claire Schrodt. I live at 631 Washington Avenue in Bremerton. I would like to address the City Council concerning the 35-40 foot height restriction proposed for most of the MR Zone in the downtown. The proposed 35-40 foot height restriction inhibits the financial feasibility of quality condominium projects. These projects could incorporate underground parking, landscape features, and street lighting. 35-40 foot height restrictions are much more conducive to maintaining the current substandard rental structures prominent in this neighborhood today. As we have seen, high rental occupancy in the downtown has lead to high crime rates and rampant drug activity. I am part owner in a 1.1 acre parcel of land that has a dozen of these substandard rental units. We don't want to build more rental units on this piece of property. We want to eliminate the substandard structures and build homes. We want to build condominiums. The height restriction will kill our current project and guarantee the status quo of high rental occupancy, drug activity, and crime. We have spoken to city staff and to our city council representative. Neither is opposed to heights greater than 40 feet. In fact, our architects have been working with city staff since June and had been given every indication that the comprehensive plan would allow heights adequate for our project needs. Just this month we find that a much more prohibitive restriction of 35-40 feet is on the table. City staff call this a temporary placeholder until greater heights can be accommodated in the sub-area plan. Unfortunately there is no specific commitment to what change will be supported. There is also no specific commitment to a time frame for completion of the sub-area plan. As far as I know we are the only property owners who have aggregated over 1 acre of property in this neighborhood and who are in an immediate position to develop our property. Our project represents a very exciting opportunity for the city. We have developers and architects who are experienced with design standards and residential projects of this scale. Our condominium project could be used to develop design standards within the sub-area plan. I am asking the City Council to alter the height restriction amendment to reduce building heights from 120 feet to 60 feet. This will allow us to continue working with the planning department on our development project. sincereIY'..t 11 /- A,../ ce-~~ Claire Schrodt Property Owner {9It~g.C?~~~IL~..~itn.MIE~,~fiC?fi~er2E2~~~::fEI9:~2yynz26i6'9:~bC?~~~22~..:I:)F.i~.~=c=m"m.. Pa From: To: Date: Subject: "Teresa Fox" <TFox@co.kitsap.wa.us> <citycouncil@ci.bremerton.wa.us> Wed, Nov 30,2005 2:28 PM Attn Mike Short - proposed R-10 Downzoning Shorewood Drive Councilman Short, I apologize for coming in at the 11th hour, but I have just recently found out that my property is about to be effectively downzoned from Residential 3-8 units per acre, to the new proposed R-10 zoning. I spoke with the City yesterday, and then painstakingly obtained the lot information & sizes for the properties within 300' of my two lots at 1735 Shorewood and then painstakingly calculated what the minimum density would be based on the averages of those lot sizes from information obtained from County tax assessor and plat records. Two things - first, this has the effect of downzoning my property. The minimum lot size currently is 5,000 s.f. The effect of lot averaging takes me to 5972 s.f. minimum lot size. This reduces the amount that I can subdivide my 1.22 acres. Obviously this has a financial impact. I purchased the property 5+ years ago under the existing zoning with the intent to subdivide. I was about to close a sale on an acre of my property in two weeks, however, due to the impending downzone, the whole sale is in limbo. Secondly, the lot averaging is open to interpretation and is difficult as a resident to calculate and then prove. Confusion as to tax parcels and legally created lots are just a portion of the problem. I further object to the allowance of inappropriate uses in our neighborhood under the proposed zoning such as cemeteries, cell towers, mobile homes, group homes, etc. These are clearly inappropriate for our single-family residential neighborhood. I suggest that if density must be calculated based on lot averaging, then so should uses be calculated on the average use in the area. I appreciate your time and hope you will vote to not change the zoning to R-10 in our neighborhood or in the whole zoning plan. Sincerely, Teresa Fox 1735 Shorewood Drive Bremerton, WA 98312 Teresa Fox Program Specialist 360 337 4435 Kitsap County Fire Marshal's Office Department of Community Development 614 Division Street, Mail Stop 36 Port Orchard, WA 98366 Reee, I/IeJ ct+- C,t.{v(:i I w,ee-h~VLJ 1I/30/oS. 1403 Lindberg PI Bremerton, W A 98310 November 30, 2005 Bremerton Planning Commission and City Council Norm Dix Government Center Bremerton, WA 98337 Dear Sirs, My husband and I are Bremerton natives. I was born in Bremerton, my husband came here at age 3. I teach in Bremerton Schools and we have been a part of Bremerton's history and growth and we would like to continue to live here and be a part of our community for the remainder of our lives. Because.Bob does not have a retirement, we planned (13- step process for his part of our joint retirement. This consisted of purchasing rentals for which we were paying during our working years. These would then add to our income when we retired and our two 4 unit buildings were financially clear. The third step was to sell the buildil1gs when we could no longer be active in managing and maintaining them. This would keep us from being a burden on society and allow us financial independence for the remainder of our days. We are now at the point in life when Bob is retired and I will probably retire this spring. I have now been told that, under the new zoning as proposed, our 4-plex would no longer be a conforming use. If the building were destroyed by fire or act of God, we would never be able to replace our 4-plex. The value in this building is that of rents from 4 units paying the expenses. We would have to build a considerably less valuable single home, if our insurance would provide this coverage. We'would lose our rental income. When we are ready to sell, a buyer wold not pay full value for an apartment building that is not a conforming structure and banks would not loan the full value. This would make the building very hard to sell and therefore we would lose much of our retirement. I believe that we have done responsible planning for our financial future and the rug has just been jerked from under our feet with this new direction from the city. Our whole block on both sides of the street consists of multi family housing with the exception of one little cabin located at the back of a parking lot across the street. Why should all of these investor$ who, like us, have invested not only their money, but a substantial part of their time and their work to create a decent neighborhood for our tenants and a future for ourselves, be treated with no regard for our efforts. This neighborhood has been allowed to grow as multifamily and should be allowed to continue this way for the future. Sincer7..'y.., ~ " <z:-=i/i,; . .h'it/J~ ,j fIX"~'M . Karen M Gentry ,...-. ,_/c~--.,_ ,/ //j l IJ1 lit \, ~/" \ EMMANUEL APOSTOLIC I C H. U . R. ( . H Sfg g,shop Lawrence R RObertson. 5r Pastor November 24,2005 Dear Council Member Mike Short, I am writing to request that you approve the properties of Emmanuel Apostolic Church (Embassy Center) to be included in the DRC comprehensive planning designation. On October 18, 2005 Bremerton Community Development Staff recommended that our area be included in the DRC Comprehensive Plan designation because non-residential uses predominate within our block, and 6th street is a busy corridor that is associated with the Warren Avenue intersection. The Planning Commission advisory board did not adopt this recommendation. However, I ask that you reconsider the staff's recommendation. On review of the map, you will note that Emmanuel Apostolic Church is strategically located at the entrance to the business core of our community and it is natural and reasonable that we be included within this core. We have as our neighbors to the north, Bank of America and Kitsap Federal Credit Union to the east. Again, it is only fair that we be included within the business core. As an integral part of the community for over 20 years, Emmanuel was among the first to take part in the downtown revitalization by remodeling our properties. Our mission at Emmanuel Apostolic Church is to empower individuals spiritually, socially, and economically as exemplified by our activities, some of which include running a bookstore and childcare center to model business skills. Plans are underway to start a business incubator and beauty/barber shop as a part of implementing our social/economic empowerment mission. Designating our area to RIO (residential) would seriously impede our capacity to empower individuals through our activities. Re-designating our properties DRC and amending them to zone BC (Business Core) would further aid in revitalizing the corridor through redevelopment. Thank you for your time and consideration. Larry Robertson, Senior Pastor Emmanuel Apostolic Church m ~lq- qqw~ 11qq {;jrt1f: wvj DEPART"ENT OF CO....UNITY DEVELOP"ENT Development "'anager I .Jim Svensson jsVMSSOll@cI.blllfll8fton._.us Tel 360473-5297 Fax 360-473-5278 3456th Street Bremerton, WA 98337 May 18, 2005 Dave Butcher Donald and Cindy Crenshaw 6400 S. W. Old Clifton Road Port Orchard, W A 98367 RE: 1048 4th Street Dear Mr. Butcher and Mr. and Mrs. Crenshaw: This is in response to your letter which was undated but received on April 21, 2005. I have reviewed City records regarding this property, including building permit applications, complaints, various public notices, and Board of Appeals minutes relative to an appeal you filed in 1994. I have also reviewed the applicable zoning that has applied to the subject pro~ over the years. It should be noted that the City of Bremerton adopted a Comprehensive Plan in December of 2004. That plan designates the property as "Low Density Residential." Zoning to fully implement that plan has not yet been adopted, but should be by late summer. In the mean time, the zoning classification that applies is "MR" (High Density Residential). As you are apparently aware, this zone classification was adopted in 1995 and allows a range of commercial uses, many of which require approval of a Special Use Permit. The former wine and beer store is not an allowed use pursuant to this zone classification, and since that use (and apparently any commercial use) has not been legally existing on the property for more than one year, City zoning regulations stipulate that only an allowed use (one permitted in the MR zone) may utilize the property. It should be noted that when the zoning to implement the new Comprehensive Plan is adopted, that will specifY uses that are allowed on the property. In summary, the right to utilize the property for a legal nonconforming use has lapsed. Only uses allowed pursuant to current zoning requirements are allowable on the property, and those uses may change in the next few months. Laws pertaining to vested rights clearly establish that should a building permit and any other required land use permits be obtained and implemented in a timely manner, a property owner does have certain legal rights. In this instance, however, it appears that the commercial use of the property, or a portion of the property, has not existed for a period of approximately 15 years. Under these circumstances, you have lost your ability to vest to uses that are not currently allowed. I hope this information is helpful to you. If you should have further questions, feel free to contact me. S~~erely, ~...i ' \! '::J~:~"."X'b-+:::.i vA". ... ( Jim Svensson . . Development Manager ,. , /1-3()/oS- ~d:..1UIu . 7tJcwd Kd-y Charleston Community P[an August, 1997 ii An Element of the Br~merton Comprehensive Plan EffectiveDate: August 9, 1997 Ordinance No. 4597 . City of Bremerton Departmen:t of Commun:ityDevelopment 286 Fourth Street Bremerton, W A 98337 Donald L. Pratt, Director Ron W. Hough, Planning Manager Kay W. Wilson, Senior Planner Phone: (360)478-5275 ~ ... '.,. ~ ACKNOWLEDGEMENTS Mayor Lynn Horton Bremerton City Council AI Colvin, District 1 Cecil McConnell, District 2 . John Law, Dismct3 Lon Overson, District 4 Richard Neville, District 5 David Farr; District 6 Sherrill Huff-Menees, District 7 Carlos Montgomery, District 8 Bob Winters, District 9 Bremerton Planning Commission Charleston Plan Committee Bill Robinson, CharlestonCol11IUunity Plan Chair, Position 7 Donna R Adams; Position} John Hancock, Position 2 . Other Commissioners . Laurence Stone,Chair~ Position.6 VI ayne Olsen, Position 5 Joan Dingfield,.p-ositiQn 3 Barbara Gray Boyd,P9sititm 4 CharlestonTechnicaI Advis()fy(JoRlI:ilittee . 13ill Robinson, Charleston ComjptmityPlan Chair Randy Witt, City Engineer , .. .. .. . Jpdi Wroblewski,.As.ristantDirector, Parks & Recreation Department Captain .Joe .IIatfield, Police.pepartment AlDuke,AssistqntFiteChief . Tim Richard; SenIor Engineer M. DiaJ,le M3t1Dilig, PSNSPublic Affairs Pete Engle, Planner, Kitsap Transit Kato & Warren, Inc. Bryce A. Eclclein, Principal Charleston District Residents, Business People and Property Owners who attended meetings, expressed opinions, and provided suggestions +++ This project was financed in part by a Us. Department of Housing and Urban Development Community Development Block Grant (CDBG) and a Washington State Department of Community, . Trade and Economic Development Planning and Environmental Review Fund (PERF) Grant. '! '~ TABLE OF CONTENTS lj INTRODUCTION Relationship to the Brerp.erton Comprehensive Plan ...... . . .. 1 The Community Planning Process ....................... 2 Overview of the Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 COMMUNITY PROFilE Location. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 3 Historic Heritage . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. 4 COMMUNltyPI..AN Introduction. ,...........:...... ... . . . . . .. . . .. . , . .. 9: Plan J.>r()posalDevelopment.. . . ., , . . . . . ... . . . ., . .... 10 LandJ)~eProPQsa1s.. .... ... ......... .~. .;.;.;. . .;...10 . 10 11 13 13 J3' 14 14 15 15 16 17 18 19 19 21 21 21 VISION STATEMENT The VisionforBremerton ............................. Bremerton':' 2QYearsFromNow. .. . . .. .. .. . . .. . . . .. . Neighborhoods:,.... . .... ..,. .. .. . . . . .. . .. . . ., . . ., The VisionfortheGl1ar1estonCommunity . ~ ;.... . . . . . .....; Co~unity']d~ntity <lAdCh~acter . ;;. . . . . . . . . . . . '" . . BustnessDlstnct... .,...;_.... .,. . ... . . . ;.. . . . . . . " . 't Charles/on-Community Plan Increasing Clientele Access ................... -..... 22 Capital Facilities and Utilities PrQposals .~ . . .. . .. .. . . . . .., 23 Meeting the Utilities Demands of Future Growth . . . . . . .. 23 Considering Public Uses. . . . .. . . . . . . . . . . . . . .. . . . . .. 23 Enhancing Police Protection . . . . . . . . . . . . . . . . . . . . . . . _ 24 Recreation Proposals. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 25 Improving the Community with Parks and Open Space . . .. 25 Urban Design Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 Encouraging Improvements ........................ 25 Making Signs Work Effectively ..................... 26 Making the District Warm and Inviting. . . . . . . . . . . . . . .. 27 Undergrounding Utility Lines. . . . . . . . . . . . . .. . . . . . . .. 28 Taking Care of Vacant Lots. . . . . . . . . . . . . . . . . . . . . . .. 28 Creating a Positive First Impression . . . . . . . . . .. . . . . . ., 29 Urban Design Concepts. . . . . . . . . . . . . . . . . . . . . . . . . ., 29 IMPLEMENTATION Proposed Charleston District (CD) Zone ................. 33 PlannedActions.. . ., . .... . . .. . . .;. .. . '.' .' " .. .. . .. ..:. 34 DesignGuidelines ..., ......... .... . ......... .. . . .... 36 Proposed Design Guidelines . .... . . . . ., . . .. . . . . . . . ., 37 Design Review Overlay (DRO) Zot1e.;. '.' . . . . .. '.' . ., 37 Design ReviewPtocess: . . .. . . . . ... . .. .. . . . . . .>. ., 38 Capital Improvement ProJects ................ _ _.. ... ., 38 APPENDICES A AdoptingOrdinanceNo.4597 .............. .. . . . . . .. 1 B. Bn~mertonCotltprehensive Plan Specific Area C-2 .... . . .. 4 C. History of Charleston . . . .. . . . '. . . . . .. . . . . . . . . . . . ... 8 D.13ackground.Wormation &Exarnples. ... . . .. . . . . . . . ., 10 Unpublished Appendices: E. Charleston.District (CD) Zone F. Charleston Planning Meeting Summaries G. Charleston Planning Studies H. Planned Action (RCW 43.21 C031) 1. Final Environmental Impact Statement 11 Charleston CommunityPlan USTOF TABLES 1. Recommend6dCapital Facilities. in Charleston Area. . ... .. 39 LIST OF FIGURES 1 Location Map . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 3 2 Charleston Community Plan (Map) . . . . .. . . . . . . . . . . . .. 12 3 Charleston Community Plan (Sketch) . . . . . . . . . . . . . . . .. 30 4 Charleston Community Urban Design Concept Plan . . . . .. 31 5 Charleston Community Urban Design Concept Plan (B) . .. 32 11l './ ChaHeston CommuniiyPlan BLANKPAGE IV " INTRODUCTION Charleston Community Plan The purpose of the Charleston Community Plan is to identify concerns of the people who live, work, or ownproperty in the Charleston area, and to set forth strategies foraddressingtheseconcems; This plan will help guide development in the area over the coming 20 years. The Charleston Communitj Plan is an "Integrated GMA/SEP A Plan". It was produced under a pilot program intended to.bring together plans produced under the state Growth ManagementAct (GMA) with environmental analysis reqllired by the State Environmental Policy Act (SEP A). Relationship to the BremertQnComprehensivePlan The City adopted a new Bremerton Comprehensive Plan ih.1995. This plan was an update oftheCity's 1986GomprehensivePlantobringifintQ conformance with requirements. ()[the GroMltManagement Act (GMA) of 1990as revised. .. The Bremirton ComprehensivePlanis~20-yearplall. Itarticulatesa "vision" of a ,desired Ji.Iture.the City \Yillstri~etocreate. This 'Citywide plan provides. broadpolicy,directionteguide City actions over the coming years. ItalsoJdentitiesthe Charl~ston au~in~ssDistrictasa '~Specific Area" for further study.(SeeApp~ndifB.-:- BtemertonComprehensive Plan Spec.ific4reaC...2) The City will use the general policy statements in the Charleston <;om11'llmityPlan to guidyfuture tiecisions involving development proposals and plan amendments affecting the area. More specifically, the City will Use the Plan teintegrate neighb~rhoodneeds into the City's budget process,Six-: Year Street Improvement Program, Parks and Recreation Comprehensive.Plan, and other planning and funding programs. This Community Plan: is intended to be used by City officials as input in developing more specific work programs and in establishing citywide funding priorities. Many of the recommendations contained in the Plan are conceptual only, and may need to be analyzed in greater detail, both individually and in relationship to other recommendations. Funding sources may not exist for implementing all of the recommendations 1 Ch{lrle~tol1 Com,;,unity Plan ideo. tilled in the .Plan.Some of the ac.. t. io. n. sid.... e.ntified inthePlahare ,", . , - - _' - 'n ~, . - , _, , intended to be initiated and implemented bymembets of'the Charleston . community. . The Community Planning Process The Charleston Community Plan was developed by the City ofBremerton Department of Community Development with assistance from members of the Charleston community. It is based on discussions with residents, businesspeople, and property owners at a. series of community meetings held between October 1996 and April 1997. (See Appendix F - Charleston Community Planning Meeting Summaries) The Plan was adopted by the Bremerton City Council in AUgUst 19Q7] atterPlanning Commission. and City Councilstudy sessio~ .anq public hearings~.. (See Appendix A- AdoptingOfc!inance) Overview of the Plan The Charl~ston Community Plan. is organized into five sections: ~ TheCOMMUNITYPROFaEcontawsagenenl1des~riPtionofthe current conditionswithitt theneighboil1ood; .. TheVlSION ST ATEMENTdeserlbestheneighborhood's sense.pf identify and vision for its future. .. The COMMUNITY OBJECTIVES section identifies issues.lhatare of concern to the members ofthe.Charleston community, andpotentiai action strategies for addressing those toncerns. .. The IMPLEMENTATION section recommends variousfoUow-up actions that should be taken by the City to help implement the plan. 2 i COMMUNITY-PROFILE The Charleston Community is located in west central Bremertonalongthe east. slope of Capital Hill. It is generally bounded on the: ~ West ~- by Forest Ridge Park and the Capital Hill ridge top ~ North -- by 13th Street ~ East -~ by Montgomery-Rainier-Bloomington Streets and PSNS ~ South -- by the city limits 'f-' 1'- -, '.. ~ J ;"';1 ""'" 1Jj : ::::':~ ..-. - i 'T': .. _ .~ ~"':r --,. "I.'I~;:--''''-, - · ._, - -.J' .. ~ 'j . .. '_0.. :.s- '"-.. ~ .' ) .,;....:~; ~ . 4.; __ : 9 )0. :.... 10' ~ <I ~.. ....'\;.. -0 .. ~~ ~ ! (' e...1 ~:i ,.~' , ~ - "" i8 .~ '" ~_,~~~~L1~..~-.~ OSTRICH I "'~. f I " " 0 ~ . ", ~'''i!''~' I't:': . r. PHIN7VEY < '1- ~ 11 - "':~.: 'rJ1"- ," - . ' ... .' ~"., \.. ~....; .. Hi.......... . ~ . """'-. 0..... ;', J ~ ~.., .~... ....~12 i~ 1 ~ r~ ".-.,~.,. ...- '.' ".....-..... . :: BAY 5 ~ BAY If- _ i <j, .:.~,~ -, . ',-" .' - .-:~' ~,t: ':':l" ~;.. 'l _ .. = J ~ ..,. .~(: -", . r::t : "._' ~ t :_:. ~ ...... . ~.. ~ ::. i'! -1>-f! '- ~ .,~..~~ u'.;.. J.2::.:; ~~.. '::::11- ~" 1l4,:::rw;. == -: ~ ! . '""_:! 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J.;:1..;; ...MiC. - ~~ ~;r ..... on ~ r~ 11: i $t ~ -t. ~~~ - .. - /1" 'li'!l:' _: : l'~t""U!l,j" " fJ. ~ \ fV~ I .. 1 - " -~ . . .-. ~ ..- . 2./' I.! .1' ~ ,I ~"l . - ...... - ""- '" <!Sf -~ ~~" . i ~!, - ~;1. t Sl"."',.~~. .- ..I~-. f< 11> ' 1 .... ~ Jot .. 1 . . r-,.. I .. .. '1;1; ... ... i -.. J~< "'10 ,':; 9&!l.1 .(8)4~_"",.1.39..>l". i P . f ' : Jo! .~~ ;. 0_ . F it. . .......... .... Otnt Cf: ;~~. ;f-l-~' · ~!,; ~; i' :. ;'t" ,;~_w" Cit~B ':~;' ~'" 'I ,.,., ~ l.'j-,,- '''''1) .',.' ~o ~ ","~ "'n.w nf"" . . " ~... ::..:'" l' ~ ! . 11 2< -" '. '. . I ' I ~ ~~" ~.......: Il. I." . " j L ::::-. ~~ .~ "-3 .... 6 ~ . : ~ " -_.... lL:- -~ ... I "/.\\).l~ ~. ;r,:r . II~ :/ .~ '....-- ;. ---,-~. - ~~ "'0 .-., ~' .' . . w __...,., .' . ". j' . .' ~~ ' " ~LJnl ,~i!._" \'i; ~_=.11Jf .... n . '~-" ,(.;~"~ ,. .. ._....;.".,c ' , ~ - . !if *1 .':: - .=~ ~; l, I U.' : . I~. . ... f "an. "I --~ I'~ .,~.. '~ . . . '\: ~. 'JliA ".. .... , ... .. ~ if Ii 1: " ~~j; =- ir ,~.;. . '"Y:"" .. ..--a ~:' ),.. d~ ~ ,- I..n.._,,/j--+,. .~'I. W ...........---.....--.....---.--.--.....-----....----....----...,..............---.--.--...-....-.....----.--.......-.....................................-....... Plan Figure 1 Location Map 3 The Charleston Community is an estab~sl,led areathathasseenlittleneW construction in recent years. The focusofthe:com111unityis-th~Charleston Business District, which serves all ofCehtial Bremerton.While the dominant landform is Capital Hill, the dominant b~ilt feature is the Puget Sound Naval Shipyard. The business district core consists of a mix of retail and personal service uses. Except for the new Safeway grocery store, most business buildings are reminders. of earlier and more prosperous times. Several empty storefronts, a few small houses, and a dosed theater interrupt the continuity of the district. The business core ist1anked by a mix of retail and industrial type uses on the south, west, and east. The east slope of business district is. tlankedby residential areas .on the west, north and east. Thereis a wide mix of single family and multiple family housing. . The character of the residentlalareasvariessignificant1y, Some neighborhoods are tidy and .. stabl~~wiih,\VeU,.,}{~pt, older hotne~. Hjllsideareas enjoy scenic views ofMt.l{aini~randSinclwrfulet...other areas are plagued by poorly n1aintaiI'le4-hotn,esWith;li~d~ evidence of pride ; in9Wnershill' . . ..... ... .. . . . .. .. - T~~.Charlestqn (U"ea is the:g~tewayto;Bt~m~rl<iI1fTom thes()~tJ:l. ... Highway J03nmsthroug;n .the..area, COhneciing':th~BrelIleftonFeiry1'ennina1in dOwntpwnBremertonto :TacQma,OIyn1pitJ.~a .p()inls,sout~yiaState Hig4wayJ. . 'Qthermain cr()ss.~cityarterials servingthe area-are lIth 'Street and Kitsap Way..to~6th. Street; , , -. , . - .- . .. Except .forFQrestRidge.1>arkoll.thehilltop, therearelwpaiks. within the -. planning area. ThenearestschoolisNav~rAvenue.BlemeI1tarySchooha few blocks east of the area,The Su.rnmit AVeiu~eChurch jsalong~time landmark at.the south end ()fthe area. . - Historic..Heritage Charleston enjoys a uniqueplace inthe history ofBremerton and Kitsap County. The City of Charleston was incorporated. as. a company town in 1893. It was consolidated with the City ofBremertonin 1927. A brief sketch of the history of Charleston is included in the Appendices. (See Appendix C) 4 i VISION STATEMENT The Bremerton Comprehensive Plan is based on an overall "vision" describing the city's preferred future. This vision is presented in' Plan Element "B" - The VisionforBremerton -in the form ofaseries of vision statements that describe the future the City will strive to achieve. The Vision for Bremerton The Vision for Bremerton Element includes a number of vision statements. These statements establish the base upon which the CharlestonCommunity Plan will expand. Those most applicable tothe Charleston Community Plan are listedbelow. Btem.erton .;, 20 Years From Now Tlze. comprehensiVepl~n1)i1)gprp{iesSir1Vol~e~ an ass,!s$ff}entofou,r .. . .. community's stfengthsan{{weaknes~es,problem~,afJdoppo,:tunitie~ for.. . improvement. Through our vis!on~,goals, al,!dc:04r~es oja<:fto11,wecan , gr~atly. influence ourjUture. by dir~cti~gchan,ge, - Th~ fqlloWing yisiOll: statementswillshow us the ,direction wein/indto go 'and wh(}rewewillqe twentyyedrS from .now. . . , . DuringthefJext twenty ye&rs,lTremertonwill experience the greates,t . populationanddevelbpmentincreases sinceWor14[arlLThen~ grpwth will beplcmned-, Pl'operlyserviced,aruj acceptedwithcareto' ensure 'that it will be beneficiaJClrJd.not disruptive to the community. B. Bremerton willbeeconomicallystfongerthanitis today,wi/ha greater diversification of commercia/and industriatactiyity, awider range of job types and salary levels, and a higher level of economic independence. H. Neighborhoods will cOntinue to evolve, improve, and become more attractive, comfortable, and desirable. They will provide a greater variety of housing options, affordable to a larger share of the market, and will become stronger and more stable as the proportion of OWner- occupants gradually increases. 5 'w: .. Charleston Community Plan Neighborhoods The quality and stability of neighborhoods are indicators of a community's overall health. We generally associate "quality" with a number offactors that include the level of property maintenance, neighborhoodpride, peace and quiet, andthe nature and style of the architecture, landscaping, and overall design. Bremerton has a great variety of housing choices. Some neighborhoods are in need of protection while others need rehabilitation or, in some cases, redevelopment. A. Bremerton will continue to provide homes for Naval personnel and workers from all sectors of the local economy, retirees, Seattle commuters, and others. B. We will continue to strivefor a variety and a good balance ofhousing opportunities for all economic and social segments of the community. C. We willsee a greater emphasis on home ownership as ameans of achieving a higher degree of neighborhood maintenance and pride, andtoo.ffer the . American dream"ofhome ownership to mOre Bremerton residents. . In ol'derto achieve a higher level of home ownership, a greater empht;lsis will be;placedon. theprovisii:mofsma//; private,affort/able single-family homes, both in 11.eW subdivisions and as. "in-ji/r~~ithinexistingneighborhoods. Condominiums and other forms of ownership wUUncrease in popu1a.rity. E. Hist(nic preservation will playa greater role in Bfemerton's fUture as cettaintinique areas cmd structuresarerec?gtzizedfor their historical value, . R Neighb(Jrhoodquality, safety, stabflity,andaJJordability will be given increased<:onsideraiton in all cpmmunityimprovement programs. Bremerion wi//suPPOtt its neighborhoodstlJrough greater availability of community services and imp~oved maintenanCe of streets and other public facilities. The Vision for the Charleston Community The Vision for the Charleston Community is consistent with the Vision for Bremerton. It refines and focuses the citywide vision to address neighqorhood concerns. When implemented, the Charleston Community Plan should help make the following vision a reality. 6 t Community Identity and <Character . The Charleston Community.is a friendly sm~ll, self-contained"tQwu" within a city. People live and work here. Residents.live in a range of attractive housing types, from single family bungalowstornid-rise townhouses. It is a pleasant walk from home to town, a convenient bike ride to market and to work. There is a certain historic "flavor", without being overdone. Historic homes and buildings are colorfully and sensitively refurbished. At the same.time, fresh, new buildings blend in and punctuate the scene. Business District The Charlest.on Business Districthas Qeen revitaliz~d to'lYecoIlle the retail, service ..and..social..center. oftne.. Charleston conuri~nity.. .~etair~hops -and services .provide for.. mostdaily needs: . Thedistrictisfrapi~qby'clusterscif' lacy street trees. Tnere are.plelisant landscaped sittIng: areas,. ot:xtd. oor ea..t..ing. . s..p..ots,.. an. deye. n s. o. .me. c. h.l.."ld.. r.....e.....n.. '.s....<.. v.I. a.y. ....~.c..... u....~.l.p. Jure.'. t.o........ a. d.......d...in........ t..€.:. t.e......s........t...... 6. or pedestrians. ..Awnings protectpeoestriang.Jrom. occ~~io~alin~teJnent weather, and ~dd a -sense of continpity to the: street scene. .I<1eskSY1cltld~ bus Toute.infonnationand space-for handbill~pro.motingspe9ial~yents. ..' Wide, texttJred street crQssings letdriverskxiowthatthis,is;~peqestI"ian- .friendly area...New"pld-style" streetlights.an<lthe.ol~1vloellerclqckare... reminders of Charleston's historicimport~ge;;Theol~t~~at~rhasbe,eIi. . given new life, .. and. featuresspecial film~howingsandocc~siQn~specia1.. ev~nts,Friendly"bike C9PS" patrol the area, adding I:l'senseqf:saf'~tyand stability, . and helping visitors fin<ltheirw~wabout. . Youcan'hopaCbl()rful shuttle bus downtown when you want a change of sCene, atidsinaILgroups of tourists frequently ridethe<shuttIeto visitthe district' . 7 Charleston Community Plan BLANK PAGE 8 ''l ' . f Charleston CommurttyPJ(Jll COMMUNITY PLAN Introduction The Charleston Business District, Bremertc>tl's oldest, has been serving its surrounding residential community and.the Puget Sound Naval Shipyard for more than a century~ Many of its older residential and commercial buildings are showing the effects of time. Butthere are signs ofa resurgence of interest in surrounding neighborhoods where hom~s have been remodeled and are now considered classic examples oftheir era. Many of the commercial buildings have been remodeled and repaired numerous times over the years and the heart of the district along Callow is still interspersed with a few remaining homes. Charleston has too muchlllstoricalsignific(Ulce, functionaliIllPPrtance,;ind qtlalityof life potential to j~Qre. Thus, thiscoplIrlunity pl~ hasbeeri prepared in pursuit of the following basic objectives: ., ..,. to stimulate colnmuriicatioll,Aewidelli;ancl citizen involvementmthe commuriityplan; . To provide guidance forfu~e changeandin1provements. T q assist the de(;isipn~~gprOCessbypr0vidinga. soildbas~s.f6rdecisioIiS. To correct ide.ntifiedproblems. To ensure thatCharlestol!wiUcontinue t0bean actiVelUld.viable business center, majnt.ainitig,its~tUrique~haracterwbile'providing forthecomm~iy' s basic needs. . . . ., . '- \,'. " ,', To preserve themostimportantpositive characteristics that mi1}(ethe connnuriityandits business district functional, interesting, and historicaflSf significant. '. Do- . ,. . To work toward a stable and functionalbusiness district that is inviting an<i convenientto park, walk, browse, eat and shop in a comfortable; safe and attractive environment. . ., To ensure a stable and affordable residentiaIconnnunitythat is adequately served by utilities and municipal facilities and services, and that is accessible, safe and attractive. 9 'J . " , , Charleston Community Plan Plan Proposal Development Several neighborhood meetings were held early in the planning process to gather information and establish the foundation of the Plan. A slide presentation and "visioning" exercise stimulated thought and new ideas. During and between meetings,. valuable input was gathered from Charleston area businesses, property owners and residents. A set of Plan Proposals was drafted and offered for discussiOhat a neighborhood meeting on December .10, 1996. After reviewing and considering all comments, the "draft" proposals were revised by City planning staff to become Plan Proposals. The Community Plan proposals are presented in nine categories that generally. coincide with the elements of the Citywide Comprehensive . Plan. All proposals were initiated by City staff or as aresultof public input. Theyw~t:ediscussed,retlnedand mo<iifiedtbroqgh the . process. of ne....i..g...h. b. ...orh.. 0... od.....IUe. e.,ting.': s.and.. ..pu.bli.c...heann.:. ;.......... gsp....n..o......r.,t....o... fID..........al......,con.s.id. era..tio. n. by the City Gounci1and adoptionofthepl3n:~inc~ al1proposa1s musthe realistic and consistent with theCity'scornprehtmsive Plan, the Char/estop Commu~ity IJlafl. containsonlythosethatwere/f()undtobe most. . appropriate, effective, and feasible. . . . . . . - " . - . This Planisad()pted as partof:Bremertorfs':citywiqeCompreh<eI1SivePlan and is subject to thestll11eam~IldU1entprocedutes...... Although. the. Plan looks 2()years into'the future, itissubj~tto' Qngoingreviewand revision to keep it current. Ap1endlllents to the'ClW'le~tonPlantnaybe made?nce. each yeac. ....Zoni1l&adjustmentsrnayb~fuade'at .any~irne, provided.they. are cohsisteritwith the Plan: . ' , Land Use Propo~als The Vision Guides . the Plan This is a 20-year plan. The Plan was developed around a "vision" of what the most desirable future would look like. In turn, the Plan Proposals were designed to bring that vision to life. During the life of this plan, a number of changes could occur within the Charleston community. For example, the business district could continue to deteriorate with little or no new construction. Low rents and old buildings could attract a less desirable mix of businesses. Blighting influences could spread to nearby neighborhoods. 10 Retail l?U~il1essesbtiul?giveuRaridmoveto shopping. centersatid strip malls, leaving thedistrtdtf()[ ,high~d~msityresid,eritial development, or auto repair, parking.lots,waryhousirig,or9ther nOl1""retail.land. uses. The "preferred vision'," on which this Plan is based, provides a positive outlook. It would see the>Charl~ston Business District physically improved and revitalized to become the retqil,service. and social. center of the Charleston community. The surrounding residential neighborhoods would improve in appearance. and lival?ility, historic homes would be preserved, properties would be well maintained,. old sidewalks would be repaired and new ones installed, and parking and traffic problems would be corrected, , . Policy, I: Work together with propertY owners,.residents and merchants to carry out this Plan inpllfsuitofthe"preferred vision", as. state4in the Vision Statemen:t$cction,and. sununarizedabove, PQlicy 2: . K~the adopte4'~~s,ion'~(ltld Plan propos Ills funrindwhen developing ne'Y pdlicie~,~d~t~es3~dr~gu1atiol1$to ensure that theY will support, and.impletn~titth~.visi()ri.... . . AdjUst.mentsWi~r'^~~~~m()4~te;'Chan~e .. Thecharige$.that'Wihie~ulffrQfu~aoPtion.andimplementationofthispl<U} ,wi11affect.tp~ CitYwid~,eQthprehensiv~iPlan; ..theZq~ngOrdinanc~and. Map, the City' sG~PltafE~ciijtiesEt;ogtam, Parks: Plan,andyano).ls. . ,. budgets. Thepr9P~sa1~sh()\lld.iuso'~uence.. how the..propertYoWncrs'.(U1d..' merchant$.ofthe'~barlestollBtisinessDistrict .maintain~nd.. impro\,y!theit . properties, grow 'their b~s~eS'ses~; and conduct business .cpol'erative.lyas ..<ffi. organized district. .., . .. - _;c_ -'. _.,', ActioQ A: COIlSiger llllpropoSmsco~tained in. the Charlest01iPlan forfundingand in1pleIl1~ntatipu4Qt:ingtl1elife .of the Plan,: . Action B: Adjust'areaZQI1ittgt~a~odate the GQrstConnectorhighway in1p1"()vements,loenco~age higher densityresidentialdevelopn1f:ntand'. infillSllitotmdjngtheb,usiness district, to maintain. the lower~density . hillsideneighborllOQds,and to ensure that the Zorung Map is consistent with thePlahMap; 11 I . Fofltst 12 MDR Medium Density Residential 8-' 18 dwellings per acre HDR High Density Residential More than 18 dwellings pef'acre CD Charleston District C-G Genera.1 & Highway Commercial IP Industrial Park T Transportation .(Kilsap Transit) P Park School Open Space Puget Sound Naval Shipyard U CHARLESTONI ~ COMMUNITY PLAN III Revised Plan and Zoning Maps will guide change The Charleston Community Plan includes both a text and a map. Both are adopted a$part of the city-wide Comprehensive Plan and will provide the foundation for zoning regulation to implement the Plan ona daily basis. Action A: Amend the City's Comprehensive Plan Map to incorporate the Charleston Community Plan map, as adopted. Action B: . Amend the City's Official. Zoning Map to include the new "CD1' zone .andadjust;nle!ltstoothtir zoneS as nece~$aty to achieve eonSisten~ with ,. t4.~. Chwle~fQnY().1flmunity;Plqrl map. . . Tran:s.p"matiOll....eroposal;s Providirlg(iood ~ubli(Strf!etsandSidewalks . Quality plJ.blic: stte~ts and safe . ~idewa1ksareessential to th~.contin~ed. in)prove1ll,entoftheChadestonneighborhood: . Currently, rnanyhillside resi4ential.streetsaresubst.at}dard:or ,in need of repairandnian)'haveno.,. sidewalks at alL .mghqu~lityattractive streets contribute greatly to.a neighborhoqd' S imag~~,desirabi1ity arid value. Action A:. . Develop apriority. systeIl1 for neighborhood street improvements;[The priority system ~hou1<ihelp ensure good vehicularaceess to. all .. properties and a system of sidewalks that will encourage local residen~ to walk througho'!-t their neighborhood and to local businesses.] . ActionB: Investigate the feasibility of right-turn-in andright-turn-out lanes on the west side of Callow at First Street. 13 Charleston Community Plan Taking Advantage alBus, Service As vehicular congestion worsens throughout the city and COUhty, bus serVice Will become . increasingly important. In turn, scheduliJ;lg and overall convenience will improve and lGtsap Transit will expand its facilities betweenWycotfand Callow. Charleston is in a location to benefit from improved public transit. Action A: Work with Kitsap Transitto improve bUS services to the Callow Avenue corridor, particularly between Burwell and Eleventh Streets, and provide bus shelters with scheduling information in convenient locations. The City recognizes that any increases or changes to bus. service along Callow will be dependent oh resources to start new service and on demand for, and ridership on that service. It is uriderstoodthatadditional service would haveto be supported by the col11Il1unity,including the merchants in the district, to ensure its !)uccess; Modify curb radipses at comers as necessaxyto facilitate bus turning I1lovemen~on.toCallow. .. Inadllition, ensure that any "speed humps" . designed fortraffic calmingneed to be4esignedso as hot to adversely .irl:Iept the ability of bus.. estoservicethe~treet ata reasonaQle speed. , , '. . , ActionCi Inv~stigateth~ feasibiliWofptovidinga $huttle bus service connecting d.owntown Bremefton with the Charleston Business Distrlctandother points as appropriate. Preserving the Parking. on Callow . , itwas deteni1inedfrom written comments and. through discussion at public . plittiningmeetillgsthat. pt~servati0n of the. ol1,"street parkingoriCallow Avenue is,: essential to the continued success of the buSiness district. On- 'streetpafl9.ng h~lps m~etshQrt,.termconvenienceparkingand loadin.g n.eeds and also separates pedestrians from moving traffic. :roli~y 1: Continue to maintain twolanes of moving traffic on Callow with parallel parking 011 both sides for the foreseeable future. Action A: Review the on-street parking limits on Callow A venue and consider adjustments that will shorten time limits to prevent long-term parking and to increase the turn-over and availability. 14 CharlestonCoinmynity Plan providingParkingtha.t Serves the Needs Most parking lots that surround the core of the business district are privately owned and many are related to individual businesses. Small businesses with no off-street parking of their own rely on public lots and on,..streetparking.for their employees and customers, while some. large nearby lots sit idle. The existing imbalance of parking can be corrected through creativity and cooperation. Policy 1: Encourage property owners to work together to remove barriers and redesign private parking lots to provide larger, more efficient parking areas. Cross-partGng agreements or easements may be used and fees may be charged to help pay for the improvements and ongoing maintenance. Policy 2: Encourage the private sector to develop new. accessory and COIllIl'lercial par:king lotsto serve the Charleston District Parkinglotlqqation isimportanttotl1e function of the husmessdistri.ct. However~cpa.rkingshouJdbe view~d a~a secomiary function of the district .and-h()t more important than the core's .prlmary.function of providing retail b.usinessesand...services. . The... heart oftheprimary:business area is along . .. ' ,- .' . .bothsideso1Callow, between Eleventh and Burwell. . It isimportaqtto p.... ro. t..e.. CU. h. e. c.o.....Inrn. ...ercial n..a.. ill..... re ()f.thi.' s... ......COffi. odor,. .im. .p. r....o...ve. eXl.... stil1.g. b. usiness~s, .inake thed.istrict more compact, replace nonconforming uses and . structures, and fill in the vacant lots With new businesses or a mix of business and residential. The moreintense the district gets, the more atttactiveandinteresting it wIll become as a. place for pedestrianattivity. Ilowever, if buildings are removed and not replaced, or replaced with parking lots,.. the intensity of the business district will be diluted. Parking. lots should be nearby and convenient, but should not share the important Callow Avenue frontage with the primary businesses. 15 ".', Char/esJon. CommUnity p/an Policy 1: Encouragethedevelopmentofparkihglo~,~loQ.galleys or fronting on Montgomery andWyco'ffAvenues.Preventonliscourage new lots that front directly on Callow betweenJ$leventhandI3urwell. Policy 2: Use narrow vacant lots, when opPbrtunitie$ arise, to provide pedestrian and vehicular access from Callow to parking areas located behind buildings. Action A: Develop regulations and/or de$ignguidelinestoprevent or discourage new parking lots fronting directly on Callow between Eleventh and Burwell. Action B: Consider forming a public dev;elopment a.uthority to construct public parking lots and/or parking structures. , Rediscovering the Pedestrian ThellutomQ~i1e gets. mostoft~eattenti()Q.iI1t~e.Chadeston. b~siIless district. Streets andacresofparkingJot~ su~oundth~pusiness,cote. Sidewalks are available on Qa1!owatidsoIile other streets, but pedestrians . are often placed iripositions ofditectc6rif!ittW1th ttaffic.M.. .'0... te. .often . ihan~'not; sidewa1ksarelil1~dmth.p&rk~dc<p"s,int~rtuPtecr by utility poles and sign .posts, and have . very little, .ifany,landscapingt?sepafateorsoften the edges between the "people zone'~atld the "motor vehicle zone" . . An. importantch(lliengeinthe revita1izatio~: ()fthe bushless district Will beto create a pedestrian..friendlY'enwollinentiil whichpeQple will want to ,visit, browse <and stay awhile. ' Policy 1: EnCourage mercl1antsto better attract an<;l acco111ll16date pedestrian traffic by providingatttl,lCtive.windo~'di,splays; awnmgs;benches, flower boxes am:lplariws,oQtdoordininginthesmnmer, sidewalk sates,anct'other appropriC),tee~entSWithin: the District. Policy 2: Require clear pedestrian Iinkagesbetweenparking lots and businesses, between blocks!andhetween PSNS'andthebusiness district in the design of new develop~ent and rehabilitation projects. Policy 3: Coordinate sidewalks, trails, pathways, stairways, and other pedestrian ways as elements of anoveraU "system" intended to provide safe and convenient access to and through the business district from all surrounding neighborhoods. 16 Policy 4: Action A: Action B: Action C: ActionD: Action E: C harlesto,n Community P rat! En.co.urage b.Ul.. 'ldin.'. .g..O\VI1er.....s..t....o.. in1.pr..o.....v.'.e.......th.' .e........b.. a..c.....kh.41....'1din..'... .g...fi...'a.c. a.d.es. an... d...... provide entrances tobusinesses'thtough rear doorWays to allow better accessto businesses from existing parkingareasbehiUdbusine~~es. Review and adjust development codes asriecessary to. ensure that all major improvements to streets, parkjng areas and other pn)pertywill include adequate sidewalks, lighting, signing, and other features intended to assist.the pedestrian in getting to arid. from local destinations. Investigate the feasibility of a crosswalk on Callow at First Street. Burwell Street Hill Climb: 1. Narrow the curb:-to-curb width of BurwelLfrom Wycoff eaStward. to the. alley. to accommodat~ one laneoftraflkin an eastbounddirectioQ These improv~ments woUld he designed and sighedinaccotdance witbCitysireetstan.dardsand would include.provisionsfQraccesstopri:vatepr()perti~s as IlecesSary. 2. Cre~tea,p~~tri~- friend1Y"IVn~lhnb"b~t\yeeIl Cai]owand Wycoff, cbl1Sistin~~ofside~aIks,stl!rwl;lys;restbepches, lightirig,laJ1dsc,ap~g .and strecttx'ees.:.. .'.... .......'.. ,. ........' 3. Continue tl1e~estriansys~mof~idewalks,l;lt1dscaping;.. .' . ligl,1ting an.d street.treeS westwardfrom\\fycoff to F9restRidge Park. " . , , Reducing the Impact olMajor Arterials . . The Charleston District enjoys directaccessviasev~ral arterial streets. But these streets are also major barriers to pedestrian movement within the district. Eleventh, SixthandBurweU Streetsareintiniidating rivers of motor vehicles that divide the district physically and psychologically. Pedestrian crossings are wide and uncomfortable, and they interrupt the continuity of the district, Open parking lots at intersections add to the distance, the amount of asphalt,. and the numbers of vehicles, and make intersections appear even wider and more difficult. 17 Charleston Community Plan 13Y redl,lcing these effects, the north and south blocks of the business district can. be better tied together and pedestrian travel successfully promoted. Similar treatment at Eleventh will encourage people to walk into theclistrict.from the north. The propose(l highway improvements and widening of Burwell will include special treatments on that route as well to ensure a safe pedestrian crossing for those who reside south of Burwell and those withinPSNS. Action A: Combine development regulations, design standards and architectural design to bring buildings close to intersections, resulting in a visually narrower street corridor and shorter pedestrian distance between businesses. Action B: Develop and imp1ement development standards that result in pedestrian crossings that are more distinct and visible, through the use of textured concrete, colored pavers, or painted crosswalks, to emphasize the importance of these locations as pedestrian areas. Install one or more~'speed humps" on Callow Avenue as mid-block pedestrian crossings, and consider othertrafficcalnJing devices that willSlowtrafficwhileeIihancing pedestrian saf~ty. . . ./\,ctionD: .. Explore the possibility of closing Burwell between Callow and Wycoff to improve traffic safety and er1hancepedestrian circulation: Oean~gWith Bypass. Traffic Whentooniany motorists use the less traveled residential streets as short- cuts to,avoidcongestidu,.signalsand other delays, it becQInes.a neig4b...Q.rhoodprqblem.The Gorst CoimeGtot:pioject willreduce bypass , . - ' - - - , - . oppgrtutUtiesby closing some intersections. and ,enhancing the movement of traffic on the. primary arterials. Even with those improvements, there will continue to be bypass traffic within the neighborhoods. A certain amount is necessary and (l.cceptable, . but when byPass traffic. exceeds. acceptable leyels oris concentrated on certain streets, it may be time to initiate ~dditi()nal"traffic calming" strategies. Pollcy I: Continue to investigate Ways to discourage bypass traffic in residential neighborhoods. Possibilities under consideration include cuI-de-sac streets, speed "humps", "bulbing" out curbs at intersections, additional trees and landscaping, and other "traffic calming" devices. 18 Charleston Community Plan .. Promoting Transportation.Altematives The Charleston Community is very auto,..orierited. . Tho$e who. prefer to , ,.'. walk or ride bicycles must deal with incomplete facilities, conflicts. with motor vehicle traffic, and other inconveniences. Bus routes pass through the area but not. along Callow Avenue in the heart. of the business district. Policy 1: Work with Kitsap Transit to provide more convenient bus service ora . special shuttle bus to coooect the Charleston District with downtown Bremertoh and other key West Bremerton locations. Policy 2: Seek opportunities in public improvements and private developments to provide bikeways, bike lanes on existing streets, and other bicycle facilities that will encourage bicycle travel to and within the Charleston community. . ' . W orkwith KitsapTransit, PSNS,~d local merchants to establish and promote 'prognun~t()encourage the USe pf car pools, bicycles, or b.uses .. (from park-n-ridelQts) rather th,andri~g. ' . . '. .- . . -' " -", ~ . . - ,'ImpleD)entiliel;lqew~piQPo~alsandother.pedestriallUnPI'ovements . proposals recomlllend.e4 intmsP!anthrough Site Plan Review or proposlxldeveloPIllep,ts andapplicationof d~sign standards. . ThePrirnaryh()usinggoaloft~eBr~m~rtonCompreh(mSiVePlanis to . ' eI1couiage theayailabilityof aiIorda,blehousing to all economic segments ()fth~phpultitiQn,promot,e avanetY Qfresidential densities and housing . D'P~s,~d en~urage. pre~ervation of the existing 'housing stock. The neighborhoods thatsurroulld the Charleston BU$iness District are already varied. in density, housing types, styles, and . costs~ This is oueof the most affordable urban neighborhoods in Kitsap County.and is showing signs of renewed interest and revitalization. However, it's also an older . neighborhood that may be vulnerable to deterioration, traffic impacts and other negative influences. Care must be taken to recognize the needs of these neighborhoods and to provide the types and levels of encouragement and assistance needed to ensure continued rehabilitation and maintenance. 19 Charles.ton CommUnity Plan Special attention should be paid to. housing opportuniti~s related to the proximity .of the Puget Sound Naval Shipyard; For example, housing types tailored to the off-base needs of rnilitaryships personnel may be especially appropriate. Policy 1: Encourage the continued revitalization and maintenance ofth.e local housing stock through incentives and strict code enforcement. Policy 2: Promote efforts to identify, rehabilitate and preserve homes having historical! architectural significance. Policy 3: Promote housing types designed to meet the special needS of military personnel. Action A: Establish the general Charleston neighborhood as a "target area" for code enforcement and housing rehabilitation efforts, including low~ interest loan programs. ActionB: PromoteilseoftheCity ofBremerton'slow-intetesttoan progranI$that focus pn such major buildingelem,eptsas roofing~ phunbingaIld . electrical systems, and that can also he llsed for aesthetic .e1emertts suc~ as outside painting and repair or rephicement of daniagedsiding; Action c: Prompteuse of the City's HomebuyerAssistartce Programtomaximize affordable housing opportUnities for new homeowners. ActionD: Designate 10w.denSity and mediili:n-densityhousing as "planned actions" to encOurage revitdiZati()liofthe housing stock. Action E: Develop residerttialdesigIl guidelines to help oWners and deyelppers achieve projects of consistent quality. GuidelinesmightincIiide: · Useab1e.fr:ont porches. · Frontyarddesignand streetQri~tation, · Trees and landsyaping that are attractive and effective. · Affordable and historically appropriate materials and siding. · Roof pitches and dormers that reflect neighborhood character. · Doors, windows and trim details. · Creative density and site planning. 20 EconomkHealth Improving the Mix pfBusinesses The business district does not consist of the proper balance of businesses and services that are needed to serve the surrounding ne~ghborhood. Some important types of businesses are missing and some existing tJusinesses are considered "undesirable" and may be adverselyaffecting other businesses arid the viability of the district itself When partk:ular uses or businesses have blighting influences on the districtorare a deterrent to potential shoppers, adjustments may be necessary to achieve a more desirable mix ofland uses and businesses. The proximity ofPSNS, particularly the. new home port facilities, to the business district provides unique. opportunities fOr thedistriCL . A rec,ent count of th. ePSNSresiden.t population totaled qver 5,400 mj.litary . .per~(}n1wland..dependents, including...over (jOOinenlisted~and.offic~rs . q1,1artetsand {)ver ~,7000n ships. . These. peopl~ :willbeliving~nd'Y~rking within,\ya1kiiig,dist~nceofthe. Charlestonlrusiness .distri9t'.,-\Yhile..the..base...., isproyidingfarbaSlc.shopping and. recreation. needs, thedi~trictsh6uldbe, '. abletopr~)Vi<ie~diversityofe~ting,shop'ping. andtecte~ti~;m .. .. ... . . ..~stablishlnents~hat\viUimprove the.quality ()fllfe for thqs'e residents. and addneeded'p~destrian activity to the district; (See Appendix, "D-4,"- ,. PSNSMap) , Policy 1: . .' . " . ',' '. - :..'. .,,-' .. ,Action A: Design a "Charleston District" zone .th~t incllJd2sthemost;desifaBle:. nllisture of1ai1d usesahd businesses to~trengthen the pedestrian.. . orientedb~iness~re.A1nendthe City'sZoning,Qrdinan~ .. . accordingly and "phase out" Undesirab Ie noncortforriring tlses, ov~r time. Action B:Determinewhatthe ideal mixture ofbusinesscs\yould be for the Charleston.District and attempt to recruit the missing links. Organizing the Merchants Organizing the individual businesses of an entire district into a coordinated "team" is not.a simple task. However, a good organization could strengthen the. district and benefit all businesses. There have been many 21 Charleston .CommunityPlan successfulprograrns in other conlInunities~andsimilar business districts. Wecanleam from those prograrns, Through the organizational structure, individual businesses could participate in pfomotionaland advertising activities that would benefit everyone. Such an organization could also work with the City to develop a coordinated urban design approach for the district (e.g. forstreet furnishings and design guidelines). The public would then begin to view Charleston as a. single "shopping district" rather than an assortment of individual businesses that are competing against each other rather than working together. It's important to change this public perception and image to one that is more positive. Policy 1: Work with the local Chamber of Commerce to encourage the organization of the Charleston Business District merchants, and assist, as appropriate, in its activities. Policy 2: Encourage local merchants. to consider the establishment of a.Business ImprovementAssoeiation (BIA). or"Main Street" type program to provide financial, ptQrtiotional. and organizational assistance to District merchants. Action A: Offer a challengcto Cl1arleston business district merchan1$and p~opertyowners: If the ptisinesses Willform aIlassociation, the City ~~eannarkcity. fupds f9f .in1provementstothedistrict. (e.g:signage, street tr~s, lighting,benches,31I11enities).Further, i4e City will assist the association. to Put togetheragr~tapplication(s), using.the earmarked fun~ for a matc~to achieve some of the goals of the district. .Increasing Clientele Access If the public can't gerto the businesseseasily.and conveniently, then they'll g()elsewhere to shop. . Ensuring adequate access is critical. to the District's health. Policy 1: Encourage property owners to provide improved long-term parking behind businesses and along Montgomery andWyceffAvenues. Connect these lots to Callow with well-lighted attractive pedestrian walkways. Policy 2: Promote the Transportation Alternatives that are proposed under the heading "Transportation Proposals" to increase accessibility. Policy 3: Ensure that the residents of surrounding neighborhoods and PSNS can walk to the business district on safe, well-lighted sidewalks. 22 Charleston Community Plan Action A: Shorten the timefiniitsfor Callow Avenue on-street parking to increase parking turtl-over and make those spaces available more frequently. (30 min. to lhour liinits are suggested.) Capital Facilities and UtiUties Proposals. Meeting the Utilities Demands of Future Growth Utilities must meet the demands of future growth. Statelawrequiresthe City to ensure that the levels of growth and development that we plan for can be adequately served 'by the necessary utilities and services. ActiOn A: Initiate and complete City utility improvements to ensure that future developments, as propos~ in this Plan, will be adequately served. Complete theCaUow1\yenueBasinStonn Drainage Separationprojeet, including theSR30~/Cambrian, Rogers, ahd CallbwlMontgomery phases. Completethe..241' W atetTransmiSsiohMainonFirst. Street.. . . A.neigl1borhood. or cOh1In4nitycen~ermaybe a suitablead,ditic>nt~the . Charlestonarea.SuchacenterIhightbeestabIishedwithinor Qnihe peripheryofthe\Jusiness dist~ct;pos~ibly 8isa' temporary usemanexisting . btiildiJlg, Tneceriter might.be used for neighbqrhood meetings, social..' events,. recreational activities, Pllblicinform~tion, or asa..casual.meetirti . place. Over the years there.has be~n much discussion of1ocating an indoor recreatiollfacility sOll1ewhereon thewesf sideoftowll; The Parks and RecreationJ)epartment hasbeensupportiye' of this idea, but has cautioned that the Department wouldrteedtodetennine what the needs are, what services should be provided,and.to what extertt the cotnmunity could stipportthe development ()fsuch a facility and its on-going . maintenance and operation. With its. central location and good bus service, the Charleston area may bean ideal area for such a facility if it should be built. Policy 1: Encourage an existing community organization to establish and operate aneighborhoodlcommunity center, in cooperation with the City's Parks and Recreation Department, in an existing building. 23 , Charl~stonCommunity Plan, Action A: Include,in a bond issue, a Central BreOlertonCorwnunity Center that is accessible to the Charleston community.' Such a center couldinc1ude a. small law enforcement office and/orotherjoformation and government services to the community. Action B: Review the City's zoningregulatiorts to ensUre that neighborhood . and/or community facilities can be permitted in the most appropriate locations. Enhancing Police Protection Crime statistics appear to be decreasing in Bremerton and particularly in the Charleston District. The removal of a pocket.ofproblem properties in the South Montgomery area for PSNS expansionhadvery positive results. Crime is no longer concentrated in the Charleston District Even so, there . remains a perception that "crime", or the threat of crime, is a very seriOlis concern in this area. This perception mayber~inforcedbyan appearance of blightartdneglect in.parts of~he'district. .'~epolice protection co~ld be enhanced in responSe to this'perception, itmaybeeven.more important to "spruce up" the district to replacelrtdicationsthat. "no one. cares" with evidence ()foommunity'pride. Action A: Cooperate with local merchants and property owners to assess the presence . and levels. ofcriIll,e-relatoo t"actors throughout the Charleston neighborhood, includinginad~quatestreet lighting, gang activity, . . graffiti,vandalisID., secuIity deviGes;andst~tistical trendstodctenhine .what ,thea,ctualprobleJ1lS' areandwhat might bedone. . . - . . . Action :8: Continue to promote the "Block Watch" program ,as an effective tool ill deafu1.g with neighbOrhood crime: . . , .. ActionC: COIisicfurincreasing the level of police visibility and personalized service, poSsiblythroughwalkIDg orbicyclilig beats so that 1l:\e officers meet the merchants and local fesiq.entspersortally and routinely. , . ActionD: Consider establishing a police pres~ncemthedistrict by staffing a small" storefront" office,. if appropriate space is donated or otherwise provided. (Also see "Considering Public Uses" Action A.) 24 RecreationPr()po~'lI$ -. Improving the CommunitywithPark$ and Open Space Parks and Open Space will improve the community. The planned improvements to the Gorst Connector project will include new landscaped open space along the highway right-of-way. This will help buffer the neighborhood from traffic and improve the visual impact of this entrance to Bremerton but will not provide new recreational facilities. Thispartof Bremerton appears to be deficient in public parks atldr~creationalfacilities. Action A: Acquire propertit'(s that are uniquely suitable for the d~velopment o{ neighborhood parks, playgrounds, or other public uses and make up for local deficiencies in those categ~ries. ActionB:. Provide,. in cooperatjon.witl1Jocal property O\vnersaIiQ tnerchants,.one or mote~ltnall'~vest POC~et"p~sivepar~~tllli\thePUsiI1ess district. wh~epe4estri~tnightrel~on.aparkberiGhwhile eating 3l1i~ creamcone,readio.ganewkp~l?~t or awaitit1:gatnk ", ,- , ~yelop..a p~estrilU1<<~i1!'GI~b"..alol1go13trrWelLbetween,Callowahd ForestRidg~~arlL .A(atiUnimum.,.tlil~wdilldinclUd.ea 4istin~t . l~cIJcapeffwa~ay>~'.t~t1coUfagePedesu-ian~aY~l betweenth~parJ(..... 'andbusinessdistricf. ..It 'cQ\ildaIsoinclude;3smallpark}Je!Weep. .. ... . C(llIow and:\\TycofIifpartor aU of that se.:ti()n.is~losed.totramc{see Red14cing tlzeJmpgctofMaj@rArterialsAction'DJ. ..(SeeAppendix n- 5 .,Burwell Hilr(limb) Bremerton' s oldest busih~ss,district is showing its age. Manyofitsolder commercial buildingsJiaveh~enremod.eled . numerou.s. .. times, have .losttheir original architectural style; dnn'l meet the needs of today' s tenants, and should be replaced. The presenceofafewremainingold houses and vacant lots suggest opportunities for commercial "in:.fill" along Callow Avenue and surrounding areas. Sighs of all types and sizes clash with each other, utility lines clutter the views, and the mixture of facade treatments demonstrates the absence ofa design theme or other architectural coordination that might help tie the district together visually. 25 . Charleston Commul'lity Plan Policy 1: Encourage property oWhers.toremove building~ that have outlivlXi their usefulness and to rlXieveIop those properties with new buildllgsthat better meet local needs. Policy 2: Encourage property owners to preserve and maintain older buildings that have retainlXi their historical character or unique architectural style. Action A: Modify City development regulations and standards to promote development that is most characteristic of the district and its objectives. This might result in reduced parking and setback requirements, promotion of mixed use development, additional landscaping flexibility, etc. ActionB: Adopt a new Charleston District (CD) zone, tailored specifically to this area and its objectives, and including uses that could be approved as '"planned actions" to streamlin6the approval process for expansion and new development. .Action C: Promote the r;ehabilitatio!10f h()mes andindividm~l cQII1h1ercial buildings, and provide firiancial and design assistance, as resources are available. ActionD: Provide fmancial assistance through a coordinated . facade improvement program jlltend~ to.~nefitthebusine.ssdistrict. This. program will ensure design contiumty and will gtJideindividuaLimprovemeht projects. . Making Signs Work Effectively Thedisttict is cluttered with signs of all types and . sizes. There. ate wall signs, roofsigns,sand:wich board sign~~readerboard sighS, directional signs, traffic sign. s, promotional banners; and signsthat flash, blink, wave andflutterin the wind. SO!lle are professionally designed while others are obviously home-made. .Somearenew and some are badly deteriorated and barely legible. Many signs are probably not necessary and may actually be damaging to local business and the overall. appearance ofthe district. Where each sign competes with those around it, the objectives of identification and advertising are lost ill the visual clutter and lack of coordination. Action.A: Assist the local business organization in conducting a detailed sign inventory, and in initiating a program to remove illegal signs immediately and to gradually phase out ( amortize) nonconforming signs over time. 26 Charle$ton Community Plan Action B: ASSist the Charleston Business DistrictoWners andmerchants organization ifideveIopingadistinct sign code.to better ,fit. the needs and objectives of the district. Action C: Place distinct entrance sigris on the major arterial streets to let the motoring public know they are entering a special, unique place and to increase public awareness of the Charleston Business bisirict. Action D: Place an entrance sign at First and Callow to mark the beginning of the Charleston Business District. Use street trees, street lights, andother amenities to indicate that the block between First and Burwell ispart of the District. Making the District Warm and Inviting PeoplelikeJo visit places that are warm, comtbttableand invi~ing; . Pedestrians like tQ be protected . from the 'sun and rain. . Theyd()n' tmim! .... walkingshortdistan<;esifthey can par~clos(no theirdesti11(iti9f1S,but they don'tlike<toc91I1pete:wlt~m()vingtraffic.t1ie rn,ore conuortaiJle:and.. . . pleasant theenvircmme~t,thegreater dis~ances people}yillwalk;, . DistaIlces s~mshoitei:"Y4.entheenvifOnmentjstlieIidly,attraCtiY'e. and pleasant... . . . . There is consiqerabl~i)().tentia1 fOf: impr()vin~r tl1~, pedestrian envif;Ol1Inent of. - the CharlestonDistri<;t.Thereare yeryfew tree~ap.dveI')!little landscapmg' along. Ca11owAvenue;t(),'~often the hard;elemen~sofaSphalt,c()n~rete, wood, glass, steel, etc. ,.. A fewrelativelyinexpensive improyements. cQuld 'contributesjgIrificantly.tqa ri1()te...attraCtiy~ .an(l.inviting~nviroIiII1ent.~ . ThoseiInprovementsm~stbeyisible to the motpriIigpublic il\otderto entice them to stop and experience the district on fOdt. Policy.. 1: Prbmoteimprovemt::nts. which will increase the attractiveness and pedestrian coinfort of the Charleston Di~trict. .. Examples of appropriate.. improvements are shown in. the CharlestOn Conununity Urball Design. Concept Plan and accdmpanyingsketch on the following pages: Action A: Develop a street tree master plan for the area, in cooperation with the Charleston District merchants, residents, owners, and the City's Urban ForestryProject~ along with a rmancing proposal to achieve the desired results. New development will then include appropriate landscaping and street trees in its improvements. 27 Charleston CO,,;munityPlan Action lJ: Assist the localhusinessorganizatioD;in the preparation ofa District- wide lan(iscapitig andopen seaeeplan tofitrther enhahce iliepedestrian environment of the District. This plan will include. such recreational elementS as mini-parks and a community pathway system of sidewalks, bikeways, trails, stairways, viewpoints, rest areas, . etc. Action c: Develop design guidelines for the Charleston District to help oWners and developers achieve projects of consistent quality. These guidelines might build upon the historic significance of the district. Guidelines could include: .. Pedestrian-friendly features. .. Lighting for security without glare. .. Parking lot location and design. .. Building scale, material, color and detail .. Landscapes, views and natural features Und~rground.ing..Utnity.Unes , -. - . . . .... ........ .... . ... ... ... .. ....... .... ... . ....... ..' Th.... o....~e.... p. .artl.... .c.i.p..atiti.g....inthi. 'sp.l.anmn... ... .....g...prOce......s.. ~agt'eed... ... .th.at.o... v.er..head. util. jty.I..t11.'. .es... ar.. e ". eye-sores !hafseriously affect :tl1evisti~lquality oftl1edi~trict.andthe .cOrtununity. .. The \ltility'pol6!; are <?ftenoId~d de~rior~~litteredwith fadedgaragesaiesigns, andtak~.tipvaluablesidewa1k and street right-of-way space that cOuld be better utilized;. Action A: . Requiremostne\Vpublicand privatedeydoPtnents to place their new utilitiesund(?rgrpundai1d enCourage theuti1ity oorripaniesto gnldually place aU uti1iti.eStindergroU1).d~.' . Ent9urage the business district organization to sponsor' a LOcal. ....ImproyementDistrict{Lq),) toundergroU1).d utilities iJ;1 thedistrlct,. along with. other suitable improvements, Taking (;lre ofVacaot l()ts Vacantlots cah be blighting influences ~n a neighborhood. The owners. are often heirs, investors, or others who live outside the .area and have no imJnediate plans to use or develop these properties and little or no interest in maintaining them~ Asa result, we have unsightly overgrown.lots littered with trash and debris and often used as dumping groundS for junk, abandoned autos, etc. These lots have adverse effects on the appearance and desirability of the neighborhood and on its property values. 28 Charles(on CommunityPlan Action A: Target the Charleston neighborhood and business district for increased , C9de enforcement activities to removejunk and debri$ and to require a minimum level of ptopmy.maintenance,..in order to make a dramatic difference in ashortperiod oftime. Action B: Infonn the owners of vacant lots about current zoning and development opportunities, ..and encourage them to develop in the best interests of the neighborhOO<i; oc to sell. Action C: Consider the potential of vacant lots for various "public" uses and the feasibility of acquisition for parks, open space, community center, or temporary recreational uses until a development is proposed. Creating a PO$itiveF~rst Impression The',CharlestoriOOistriytshouldbe considered and treated as anlajor entrancetoBretriertQn.. I(s)mportant to. offer aclean, ~ttractivefi,ist impressioIlto yisitors~ntering the City .. . KitsaPWay{toEleventhand SiXthStrects)jsoneofFo.majorentrances'into theCityfrpfi1 the wes~. . TheQthe7;vi~theCh~le~ton Beach.Highway(SR.3g4) .and]~llP<VeH; Will soollbe.iltlprC;lv~dwith" ne\ll'hU1dscaping~ .9iryctionalsigns and...other impfOve~ents>that wiltenlUmcet~e. connnunity's image. fronfthe soudl\~est. ..11ot9rj~~se~tering. from either dire.ctionsholJld..g~t t~e' impression that. sOO1ethiligcunique~ attractiveandiijterestiI1gef{istsalong Callow A"ell1.1~:1l1isjsanimp()rtant crossroads and community center ..~'- t)otjustafibther 9J1.lster ofstrip-conunercial. businesses, , " ':( ',_'1_' ActionD: .EIlcourag~theqQSiness c6111111unityto developitsown logo orth:eme thatwiU.beIDstinctive:andrecognizable. That logo or theIne will then bedisplayedon the entrance sigh, used in district advertising,. or used in othetapplications. Urban Design Concepts TheCharleston Community Plan sketch and the Urban Design Concept Planson the following pages illustrate the urban design concepts promoted by this Plan. 29 CharlesJ(JnCommunilJi Plein ...... ., j.... .~........... . /1. .. ~\~ V I .. ~r\ ~". ~lr~; V V lj I. V.~ ~ . I I r V II / 7 ( I~' \ I \ t'- Jl: n' V \~: e~~" ..dJ ..~liLJ;I:lq!~1iI ~J . 1\1 ~. ..... .. ~ ' CAi11t ., I.~,l'l --U ft. 11 ..~. 19 -,\\\ \3 ~ "L ..' ....., ~ "'\. .. '~. ... \.... 't: \/1 .~ . ItJ I/ / I I ",' I "ft.. I I . ,... I ..... ;. " ~.. J0 \= ~': h, "\ - ,\I.. "} I ./ I .v( I II / L:-l. ./ .". " ,'- ,=x ,'~ ~. @\~ ... ~ >~a~ :' ,,~~. .1,. .. \.\ 30 ~ ( {.l II' - I ~ #' / J // r~ -1\ \ I,; // ff Ut /I fhI~ _10- \ . /Z/ /7 f J I oS! I nr------~~~\ 7 ; ; J / fl~j) \"\ .. "..~......... ~..,' ."'.'............ ;...4-4' -. ;>. ;j.i.,l . '."..; C '.;:j E E o u c: o +-l C/.) d) ~ l-; cd ~ U c .~ 8'5 i1 u ~ili ~ :c fi a ~ r:~ sa,<!..~. i~ ~-co.........oo g ,., 2 ~ o E '0 ~~ 3 ;{i ~ ;1 !~ :2 <lI;; 0;, .!l ~,~ ]'-~ .g t 2'5': ] &. ! ~ ~~ H. 1l.~ ..J~' ~ v H ~Jt.2'- c: ,; ~ ~ ~'~.5i~~~ g -; ~ -; -g ~ ~ ~ ~ Je~ ~'~:o~tf B III :> __ ':"' . ~ ~ " :; < ." ;; ;; '5 ;; u ~ ] :"...r ] c ..:: ] ~ ~; ~u.__, ~ -[ ~ :. ~-": .~,~ go 2~ ~~ u 2~ ~2 ~~l~ ~] J v ~. j . ii~~ ~~ o--.Cl..iJ 0 c; ~~.~ S ti ~3 .g g ~~~~ g ~~-~,-~~~~ := 5~'~K.~~'@' _.~~ ~~~.8 g ~]-~~~3;8'::: ~,.9 ~ 2;~ E:>.~ -.. .~ E'3 5 ~ 8 ~ 3 ::J~g!=~.,;.;;*"'g ~.~~~-;;~~p; ~'o~i~~'t~ 4ia~~;;~aU u........ .. .~ ,; . ." ~ '" z ~ ~ z ~ 0.. " "" ." ;;: ! o '" L] o tJc:j oCJ ire:! f? Q b o ~ " ~ ;h . ~ ~3 J(", Inn i l; 11 ~ ~s ;3 I c?u> j f~ ]i;; ..!j ~ 2""", ~. ~~ j!~ " 0' ~ j '31 i!~ h ~.., fif..(). -c c:: '" 0> '" ..... t::: o 0:: - ~ ...... c:: 8 ..s- t::: 5.~ E: ....... E: Q.:) ..:3 c::::. ~ f5 :ti-Q ~a...... 6~ 31 ~ E. :2 ,. "tJ u 1'.. ~.~< .il'a~~ v~.....~ :c. S",:~ b V) :;jw'>€ " Q"a~8 e..,~ >5'~~:~~ ~- .~-?,&~ ;8 ~ a:-CI'l.<: tQ = =. .., . 1~lS1P"'-'nll " .. ! ~. ~~ -- ~'c ~,'.~ ....lQ ~ ~ '" -'~ ~~. :: .:> =~ .'5 -t ~ 0.. -;; ~ ~ 0.. ."Qt1 .S ... -... ..... ...... '" Q ...- III ~ ~ ...-c r l 'J). c r- 32 "" o .~ ~ '" ~ ~ -8 oc ~ .~ s ~ ].. e ~ ~ E ~ ~ ~ t- ~ "" ~ u:l c:- <.~ ~ ~ ~ .g & -& ,~.:: ~ ~ =; ~ '~-E ~'5 ~ ~ ~ ~ c3'~ ~ ~-~]-E~ ~~ 'Q..~o:~~c;~ ,::;-. . . . . . CO: o a:: ~ -8 oc ~ ~ s:::: t:1 C:: - 0... Q.) '-' s:::: ~ .-s-s:::: ~.~ EO: <.n EO: Q.) (3~ c::: s:::: ~- 0 ~-o C5 1..... 6:::::' . .. IIMP1EMENJATION The preceding Comrnunity Plan section listed many actions that will be' needed to implement therecomrnendationsofthe Charleston Community Plan. Some can be taken by the City. Others will depend on private actions by residents, business. people, and property owners. This~ection further describes those planning actions that can be initiated by the City: Proposed Charleston District (CD) Zone Prior to the adoption of this Plan, the Charleston business district was zoned General Business (GB), which is the City's mqsrintensive business zoning district. The Zoning Code describes the GB zone as follows: This isBremerton'sprimary auto-related, highwqy-oriented, high-intensity retailandservicecommereialzone. It isdesigm~dprimari/yI()rlocatiol1s . along arterial streets and allows a widevarietyofbusines$andofficeuses. ' The Charleston CommunityfJlanstress~s JheimpoIt(lnce ofrenoyatingthe . business district in waysthatwiIl"create.apedestrian.:meQdlyenyiionroent in whichpeople wiIIwant to.Visit~. bro.wseand.stayawhiIe.', Eorexatripl.e; , the Plan encourages: .. . ~ Improving the mix of businesses ~J{aking signsworkeffectivc/y ~. }Jaking the distriet warm.andinvjting ThePlanreconun:ends th~ta ncwCb zoning ,district be created: Land Use Proposals - A djustme.n ts WillAccommodate Change: ActionC: Adoptanew "CD" zOn~tai~oredspecificallJ/fortheCharleston. Business District-and designed to encourage a mix pfland uses that will strengthen the pedestrian:-Orientedbusiness core,Uses which might undermine district goals shouldbe removed. For example, auto-:-oriented u~e$ might only be allowed outside the pedestrian core, while adult businesses might not be permitted anywhere in the zone. 33 Action A: Design a "Charleston District" zonethaUncludesthemost . desirable ini~ture of land uses and businesses to strengthen.the pedestrian-orientedbusiness core. Amend the City'sZQning Ordinance accordingly and "phaseout " undesirable nonconforming uses overtime. Accordingly, the proposed Ch(ideston District (CD) zone was adopted in August 1997 at the same time th~ Plan was adopted. The intent of this zone is to strengthen the business district of the Charleston neighborhood by providing a compatible combination of allowed uses to strengthen the pedestrian-orfented character of the district; along with development standar.ds that reflect tht; historicalcharacteranddesign. li1nita..tion.s...o. ift.h. .e.d.istr.. i.C..t....... ...Th.. e "C. 'D. "z.. on......~. e.nc....o.....u..ra....g. e...s....l:O./rl.....IfJ. Q... ct. a.. nd.m... ixe. d use ,d.e. ye..lopment, pedestrianaotivities, and retail andseryice businesses: It includes mostof th~'u~cs'allowedin.th~u(]erle~al,B1jsirte~s(GB)'idnd.. .. "Professional Office (PO) "zones/bu(lfithoutso/rleo!the.!.arger 4isrupt!ve. .auto-brientedbusi"esses.that ofie~locaieqlo",ghi~hw.ars~ TheChatlestonCammunitjPlan l~entifi~s the need to. ~nCQufage improvements.m th.ebusiness d,ist.rict,. It 're~ori1inen4s .the "Planned Action" tool as one incentive:.' ..... .... .. ... ... . . . . . Urban Design ProplJsals: Enco.uragi1tglmprovements: . Action B: Adoptd newCharles,tonDistrtct(Cl)) zone, tailoredspeciflcally to this area and its objectivesj. and iflcluding uses that could. be approved as ('planneq actions" to streamline the approval processfor expansion andnew development 34 . --. 'Chl2r1est()n CQm11'lunityPlan Housing. Proposals: Action D: Designate low-density and medium-density housing as "planned actions" to encourage revitalization o/the housing stOCK. The Planned Action is a new tool added to the State Environmental Policy Act (SEP A) to help streamline development permits for types of actions that have received advance environmental analysis. The intent is to exempt such actions from unnecessary envirorunental review. Planned Actions do not require a SEP A "threshold determination" or the preparation of an envirorunental impact statement (EIS). To an applicant who wants to develop a Planned Action, this means the City wiUissue the necessary construction permits upon review of a complete applica.tion. To the public, this means that a Planned Action projectcan be approved without an opportunity for further public .. ,. cOffilllent., All public comment on Plcirme4 ~~tionsneeckd to be, made . duringthecol1ltnentperiod,onthe draft Integrated GMA/SEPA Plan .' .' '. . . '-. .... -- . .....,. -...,-..... ... .... . .'... .. . ..... ... . .. ...... .... .... ... . ..... ..' This Plan qualifies as an"IntegratedGMNSEPAPlan" undefnew$tate . re,gulatory reform legislation. As an Integrated ,Plan, thePlari~4 EIS ate pack. a... g.edto.'..g... .ePt. ,.~.r...I.n ..oider tha.tt.he....:cel1.. <ll. n. 1.l...s.es m... ...~. y q.. u.. alify.. ..... asPll;l....flfl, ...... ,eeL Actions,. the. EIS section' of this Integrated Plan addresses the expected significantirnpactsof those actions~ Recommendation:. . .. AmendtheZonmg Code todeslgllateasPlanneciActions all uses specified as . allowedl;l$es iIi,th~Laild Use Tables for the following zoning districts within . theChar~~ton, PI~g Area:. , · All allowed uses in theCqarlestortDistrict (CD) zoning district. · All allowed residential uses in the Residential Low-density (SF & DR), "ami Residential Meditim:--density (MF}zoning districts. Once a type ofproject action is designated as a Planned Action in the City Zoning Code, it will NOT require a threshold determination or the preparation of anenvirorunental. impact statement under SEP A. This Integrated GMA/SEP A Plan includes the necessary environmental review of all Planned Actions proposed within the Charleston Planning Area to comply with the State Environmental Policy Act (SEP A). Planned Actions will be required to mitigate any significant impacts identified in this 35 Chatleston Community}'I4n Integrated Plan;a~ (l condition of approval of construction permits, but they WILL beall6wed. . . . Because the Charleston area is a mature section ofBremerton with infrastructure and streets in place, and because the area has seen a much higher level of activity in its past, the potential impacts identified from envirorunentalanalysis of the plan (and more specifically, the Planned Actions) are minor, Adequate vehicular capacity exists to accommodate projected future growth without lowering level of service standards. Similarly, the existing parking supply is more than adequate to serve future development provided that a parking management approach is taken to more effectively utilize the.existing supply. No dramatic chaI1ge in laI1d use is proposed, therefore no impacts were cited other than as may be associated with the proposed modest density increases. The Plana}so. calls. for the preparation of design gyid,e1iries to address 'many' of the issues inyolvingvisual qualityand.pedesJrian ame~ties: .. 'These guidelines will.be. applied when~~ppropriateto Pt:mnedActioQ.s. . Thetechpicalrequiretllentsfor Planned. A9tio'ns...ate contained"inRCW . 4J.21C:OJl, .\\ihich isjndud~diiltheunpublishedapperidices:(See Append~xH:Pl(fflnedAciion} D~$ign.Guid~nnes . . - ~ . . . . Design Guidelines cart be used to reduce unnecessary. ad\lersea~sthetic' and other impacts whichm~yarisefrom uncoordina.tedsite development The Chqtleston CommunitY P lap recognizes the importanc;eofDesign' Guide1iIles forb6th the business district and residential areas. Urban Design Proposals .. Making the District Warm and Inviting: ,rtction C. Develop design guidelines for the Charleston District to help owners anddevelopers achieve projects 'Of consistentquality. Guidelines couldinc/ude: · Pedestrian-friendly features. · Lightingfor security without glare. · Parking lot location and design. 36 ~ Building scale,mqterial,colQFwu,ldetail. ~ Landscapes, views and natural features. Housing Proposals: Action D: Develop residential design guidelinesto help owners and developers achieve projects of consistent quality. Guidelines might include: ~ Useable front porches. ~ Front yard design and street orientation. ~ Trees and landscaping that are attractive and effective. ~ Affordable and historically appropriate materials and siding. ~ Roofpitches and dormers that reflectneighborhood character. ~ Doors,. windows and trim details. ~ Creative density andsit~p/(mning. Proposed Design Guideliries The Charl~stonCpIl1lIltU1ity Plan .sket~hand. J]tb,an pesign.Co~(;eptPlan (Eigures J,. 4 ,and 51 Pfovidea stattillgp9illtfQrl~~ d~velopmentof Design . Guidelines. Overtime,. the application ()Ldesigriguidelinesto~chpublic and private development action in t4ecomrnuni~y cariuring the concepts in these drawings to life. . .. . . .' . , .. Recommendation: Develop .residentjalandCo~efcialdesignguidelinesto implement theCharlestonCommurtity Pl~Work.with members of the oommtUrityin the development of these guidelines. . ..... , .. . Design Review Overlay (DRO) ~one The City's Zoning Codealrea.dy includes a DesignReview Overlay (DRO) zone. The DROzone "overlays~'an:yunderlyihg zanet" whichitapplies. It establishes a specific area within which formal Design Review of proposed projects is required befote they can be approved. At present it applies only to the Downtown Waterfront Urban Renewal District. The DRO zone is described in the Zone Summary table (Figure 120) of the Zoning Code. 37 Recomm~ndation: AmendtheZonirigCodetodesignate the CD zone as a Design Review Overlay (DRO) zone; Design Review Process The City's Zoning Code does not now include a process for design review. (The DowntownWaterjront Urban Renewal Plan lays out a, design review process for applications within the Urban Renewal District, but this process does not apply elsewhere in the city.) The codewill need tobe amended to deterrninehow design review applications will be approved. Recommendation: Amend the Zoning Code to specify a process for approval of design review applications. Ill. order t6 encourage reVitalization of the Charleston District, this process shouldbestreanilined'to !liinimizedelay forprojec~sthat complywithdesjgnreviewgtiid~lujes~Fbr example, . . projects that donototi1erwise'req1,lire apllblic hearing' .'couldbeapprovedadmilJ.iStr~tjvelyduIiIl~ the site. plan reYiewpr~ss. Capitalhnproveme~t Pl"ojects , . " The Cllarleston.Cqmmupityplanincludes..a. 11U~ber.ofreconunend~tiog,s. thatcpuld{e'Sult in capital facilitiesexpendibJr~s:byt~e'City oYef:~he' ..'.. ' corning yearS. ,the,GrQWthManagementActrequires the Cjty to identifY futur. ec.a. pi. tal'.fac.....l.....l... i.ti.es.. ne.. e.d....S~Il.;.... ,.it,&... C...a. p........ it..ril. F. a... .c.. .i..ll....t.ie...........s.... E.'......le. <m...........e.nf...a.n....d. toiric.I..l:1.:.'. d..... e those it plans to build in'the next sixyearsinasix8'ear fi~iuIC~pl(lJ1~This ' . six-year pl3;n is updated each spring in the formofaCapifal;Faciliti~s Project List (CFPL). Projects forthe upcoming year 3;re thenfeldedintO the annual budget. . The following table includes capital facilitiesprojectswl1ich are w-eady programmed, as well as new projects recommended by this Plan. ThOSe already programmed are designa.ted with an asterisk (*). The project year and cost estimates are given where available. (See Table 1. Recommended Capital Facilities in Charleston Area) Projects listed on Table 1 are recommended for inclusion in the City's Six- Year Finance Program. 38 .' ~ 1997 :[~:.I_I::llllllllll!~11]~j:~1~:~:11!11~!~~~::i11:111:lljjl[!ljljl!i[llliill!::::::':~:::~::::: ......... ... Joint ParkingLots offMontgomeI)'/Wycoff between 1st/11th Streets L.l.D. and/or Revenue bonds ** 39 .. Chadcston C9tnmUni/yPkm :::::::::::::::::.::~::.::.....~~:~~Iiilillilillllillllll'-IJllilllllliililllllll~il:jli:lilli~lill:ijlliillij~i Community.Center - somewhere in Central Bremerton Bond issue ILocal park capital funds (1) CBDG (4)/ BIA (2) 5,600,000 Hill Climb Park - Burwell between CallowlWycoff Pocket Parks along Callow btwn 1st - 11th CDBG (4) I BIA(2) ** 25,000 Before 2002 1997 Business Improvement Assn. (BIA) or merchants. association BIA(2) /Hotel/Motel Tax ** 20Q2. Pedestrian amenities. (sidewalks, trees, grates) - Montgomerybtwn 1st/6th. . . Sidewalks, lan4sc<iping "bulbs",texhrre<i ..crosswalks ...* 200~ Street FUfIlishings(lamps, benches, Jqosks, etc~) ...CallowbtwllBurwellllIth Before 2002 .** Code Compliance Loan Guatantee Program ** NOTES: (1) Local park capital funds = Fund 112 Park Facilities Construction (from Golf Course); Fund 109 Real Estate Excise Tax; and Fund 622 Roosevelt Capital Assets. (2) BIA = Business and Improvement Association (3) R.E. Excise Tax = Real Estate Excise Tax (4) CDBG = Federal Community Development Block Grant - Application to fund program must be approved by City Council. * Project is already programmed. .. Cost to be determined. 40 Charleston Community Plan (none) 0 1997- * Priority 1, Phase 2 - SR304/Cambrian Wastewaterrates 5,344,000 1998 1997- 1998 2002 * Priority 2 - Rogers Wastewater rates 794,000 * Priority 3 - Remainder (Callow / Montgomery) * 11111.1::~;;.:<: 1997- * SR304 Transportation Improvement Project 2003 (Bremerton "Gateway" Project) Wastewater rates 4,160,000 Various sources: Federal, State & Local 29,000,000 1997 2002 * Burwell between Callow -.Wycoff: * Resurface Callow / Montgomery Street maintenance fund 1,000 Wastewater rates + Arterial Street Fund ** o 15,000 After 2002 Parking Structure Parking revenue bonds ** Joint Parking Lots off Montgomery / Wycoff between 1st / 11th Streets L.l.D. and/or Revenue bonds ** 39 Charleston Community Plan !:~::II!::~~!::~:::: !11111.ilili.................~~~:~~tj~!lillllllllllllii~ilil~llll:i~l:l:IIIII!I~~I!!I~I~\ill~~~II~:~llII11~~11~!:I:I:I~~~jll~1111!1:1~ !li~I.IIIIII.lliil::l::II:I:II:::I:: 111:111111""I:~~::!:.j.::j.jj~.::.!I: 2000 Community Center - somewhere in Central Bond issue / Local park 5,600,000 Bremerton capital funds (1) Hill Climb Park - Burwell between Callow/Wycoff Pocket Parks along Callow btwn 1st - 11th CDBG (4) / BIA (2) ** Before 2002 1997 2002 2002 Before 2002 2002 2002 1998 1998 Business Improvement Assn. (BIA) or merchants association Pedestrian amenities (sidewalks, trees, grates) - Montgomery btwn 1st/6th Sidewalks, landscaping "bulbs",. textured crosswalks Street Furnishings (lamps, benches, kiosks, etc.) - Callow btwn Burwell/11th Bus Shelters Kiosks (bus route info, etc.) Street Trees - Callow btwn BurwelU11th Low Interest Facade Loan Program Code Compliance Loan Guarantee Program CBDG (4) / BIA (2) 25,000 BIA (2) / Hotel!Motel Tax ** CSO project / L.I.D. / BIA / RE. Excise Tax (3) CSO project / L.I.D. / BIA / RE. Excise Tax L.I.D. / RE. Excise Tax / CDBG / BIA ** ** ** Kitsap Transit ** Kitsap Transit / L.I.D. / BIA / RE. Excise Tax ** CSO project / L.I.D. / BIA / RE. Excise Tax / CDBG (4) CDBG (4) CDBG(4) ** ** ** NOTES: (1) Local park capital funds = Fund 112 Park Facilities Construction (from Golf Course); Fund 109 Real Estate Excise Tax; and Fund 622 Roosevelt Capital Assets. (2) BIA = Business and Improvement Association (3) R.E. Excise Tax = Real Estate Excise Tax (4) CDSG = Federal Community Development Block Grant - Application to fund program must be approved by City Council. · Project is already programmed. .. Cost to be determined. 40 APPENDICES Charleston Community Plan A. Adopting Ordinance No. 4597 . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 B. Bremerton Comprehensive Plan Specific Area C-24 . . . . . . . . . . . .. 4 C. History of Charleston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 D. Background Information & Examples: . . . . . . . . . . . . . . . . . . . . " 10 D-l: Identification of the Charleston Business District-I. . " II D-2: Pedestrian-oriented Core of "CD" zone ............ 12 D-3: Parking Lot Proposals ......................... 13 D-4: Puget Sound Naval Shipyard (proximity map) . . . . . . .. 14 D-5: Burwell Hill Climb ............................ 15 D-6 Sixth Street Hill Climb ......................... 16 Unpublished Appendices. E. Charleston District (CD) Zone F. Charleston Community Planning Meeting Summaries G. Charleston Planning Studies G-l: Land Use Inventory G-2: Business District Inventory G-2: Parking Inventory G-3: Commercial Assessed Value -G-4: Potential Residential Infill G-5: Residential Valuations H. Planned Action (RCW 43.21C.031) 1. Final Environmental Impact Statement * Copies may be obtained at cost from the City ofBremerton Department of Economic and Community Development. A Appendix A Adopting Ordinance ORDm~~CENO~ ~5~'l At'f ORDINANCE adopting the Charleston Community Plan as an amendment to the Bremerton Comprehensive Plan and adopting Related Amendments to the Text and Maps of the Bremerton Zoning Code, BMC 21.02. WHEREAS, the City ofBremerton adopted a revised Comprehensive Plan by Ordinance No. 4545 in February 1996 to comply with the Growth Management Act and with an Order of the Central Puget Sound Growth Management Hearings Board; and WHEREAS, the Comprehensive Plan discussed the need for a "Specific Area Plan" for the Charleston Business District to address the needs and concerns ofthose who live, work, shop, or own property in the area; and WHEREAS, Bremertoncombined its resources with a Community Development Block Grant (CDBG) and a State Planning and Environmental Review Fund (pERF) grant to develop an Integrated GMNSEP A plan for the Charleston District that includes the Plan, an EIS, and specific policies and recommendations aimed at desired neighborhood improvements, including public and private actions, a process for the streamlined approval of "planned actions", improvement concepts for future action, and zoning amendments that include a new "Charleston District (CD)" zone; and WHEREAS, the Charleston Plan was developed to comply with the provisions of the Growth Management Act and to be consistent with the Bremerton Comprehensive Plan and related development regulations; and WHEREAS, the preparation of the Charleston Community Plan and related Environmental Impact Statement (EIS) involved the citizens, property owners, merchants and others in an early and continuous series of neighborhood meetings, study sessions and a public hearing before the Planning Commission on May 20, 1997, after which the Commission recommended Council adoption of the Plan and zoning recommendations; and WHEREAS, the Plan was submitted for the mandatory 60-day State agency review in April 1997; and Charleston Plan Ordinance: Page 1 Appendix: 1 .. WHEREAS, the Bremerton City Council conducted a public hearing on June 11, 1997 to accept public comments and to consider the recommendations of State agencies, the public, and the Planning Commission; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Charleston Community Plan, attached hereto as Exhibit "A", is hereby adopted as an amendment to the Bremerton Comprehensive Plan. Section 2. The Bremerton Zoning Code (BMC 21.02) is amended as follows: (a) The map in Appendix Figure 070(a), delineating the Charleston Business District, is amended per attached Exhibit "B". (b) Appendix Figure 080, Zones, is amended to add the "CD (Charleston District)" zone under the Commercial category per attached Exhibit "C". (c) Appendix Figure 090, Primary Zone Consistency, is amended to include the "CD" Comprehensive Plan designation and its related zones, as shown in Exhibit "D". (d) Page 11 of Appendix Figure 120, Zone Summary, is amended to add the description, intent, and minimum standards for the "CD" zone, as shown in Exhibit "E" . (e) Appendix Figure 130, Lot Requirements, is amended to add the development requirements for the "CD" zone, as shown in Exhibit "P'. Appendix Figure 140, Land Use Tables, is amended to establish the uses allowed in the "CD" zone, as shown in Exhibit "G". (g) Appendix Figure 600, Special Parking Districts, is amended to indicate that all non-residential land uses within the Charleston Business District are exempt from the off-street parking and loading space requirements of the Zoning Code, as shown in Exhibit "r'. (h) BMC 21.02.670(a)(iv)(c) is amended to include an off-street parking exemption for the Charleston Business District as follows: (c) Cel1tra:1 Dusilless Distlict Parking A1ea Parking Exemptions. (1) The CBD Parking Area, as shown in Figure 600, is exempt from the off-street parking and loading space requirements of the Zoning Ordinance. (2) g;j::~:::::::' r'-~t':':""WN."N.' (t) OOli;t,mfltl~qiti.~l!~~~~Ii~~~I1![iiI~m~:~~QqlH~ ;:~fj~IHlli!lt~w~WgifPg~~t~q~ntg:[qr::#Qni r~I:;;:tlIo\\'ever, Parking facilities that are provided voluntarily lrr.:Jij~ Charleston Plan Ordinance: Page 2 Appendix: 2 ~IJ~~m~~~gfi~r.shall conform to the minimum design standards of this Chapter for Class '13" lots. Section 3. The Official Zoning Map is hereby amended to apply the "IP (Industrial Park)" and "CD (Charleston District)" zones within the "Charleston Business District" Comprehensive Plan designation; and change the zoning from "MJ(" to "MF" along Wycoff Avenue generally between Coontz and Sixth Streets, as shown in Exhibit "H". APPROVED by the City Council on the first reading this twenty-fifth day of June, 1997. PASSED by the Bremerton City Council this second day of July, 1997. ~N+~ DAVID FARR, President Bremerton City Council APPROVED this C(~ day of ~ () 1 .1997. ATTEST: ~-o.-d L 1 S. HORTON, Mayor , City Clerk Published: 7 - / n - q 7 Effective: f- q - 9 7 CHARLESTON:chasplan.ord Charleston Plan Ordinance: Page 3 Appendix: 3 .. Appendix 8 Bremerton Comprehensive Plan Specific Area C Excerpt - Land Use Element of Bremerton Comprehensive Plan :).~;}:"N~:itttj;~~~::~;.ti~:::':;}tP}::":nr:@::",::g:::;;';:;'::}~;;w:tt)'::Wt?t:'W;?';::m?W;t't;t~'f~~~;:'Jr~~1~tNm:t~*1:~11'1~~~~::~:~:*tilij~~~I:];):;;:~:;)::j::;:::::::i:::~::::I::::i~0~U!:'::':',,--.;': ..b'-2:.....M..'?Erm3EES:r€lfij...BlJSINESS... nlS7T'nI~TL._................................................ .;r:?::::.:.; :-:/:~:;y ..;.::;:;:::@r~rt~,/>'.:.:.:.t:;:.:-:.b<.:-:.:.::;.:.. ..~: ..' -.;.. ;', ::~"':.":: ::,-.-." .:,",;." ;:.::-./?:-..: .......::-.........,:... .....:-..:.;.:.;.:.:.:.:.:...-._- ":'" .".;- .: ..:i;;~ _".;.".'.'. .:~]~:t~l.:.:~\!:r~tttr@?~tf#?l~trrt:~ftfl~t~?;Itf}):::: A. LoeA TtON: The Charleston Business District is centered around Callow Avenue, and to a Jesser extent Montgomery Avenue, and concentrated pri- marily between Seventh Street on the north and Rrst Street on the South. The district is irregular in shape and includes some adjacent commercial, office and light industrial busi- nesses as well. Street access to the district is excellent. Kitsap Way flows into Eleventh and Sixth Streets, while Charleston Beach Highway (S.R. 304) provides access from the south to Burwell Street and Callow Avenue. B. THE NAME: The Charleston Business District is the downtown portion of the former community of Charleston, which was con- solidated with the City of Bremerton in 1927. Callow Avenue is the central street and in recant years the area has been known as the Callow Business District. A recant (spring 1993) property owner and business questionnaire found the name Charleston to have important historic significance and to be dearly preferable to Callow. On that basis, the area will be referred to as the Charleston Business District throughout this Plan. C. AREA DESCRIPTION: :;; ., 151.~ . .:~ .~~ BU1'I~ , f..V'::" ,.... ...~. . ~- . . . . . ,. .0." '.:.1. " This business district is central to at least five residential neighborhoods which, in turn, are separated from each other by arterial streets. The arterials function as barriers to effectively prevent ease of movement or interaction between these neighborhoods. Even so, neighborhood residents do have good access to this business district. The business district provides a full range of retail shopping and personal services. The 7/11 convenience store at the south end of the district, the Bremerton Food Outlet at Sixth and Montgomery, and the new Safeway at Eleventh and Callow satisfy most grocery needs. Several restaurants, a bakery, and a tavern or two add variety. Retail stores include a sporting goods store, bicycle shop, furniture stores, used and antique goods, sports card shop, appliances, and others. Services include automotive repair, gas, animal care, pawnbrokers, banks, beauty school, hair care salons and others. Element E - Page 60 Appendix: 4 .. This district has a.lot to offer. Unfortunately, it is also quite old and showing its age. On a scale of 1 to 5, those responding to the busines~ district survey gave the district an overall quality rating of 3.5. The feature that was rated lowest was customer/employee parking (3.9), followed closely by lack of overall visual/aesthetic appeal (3.7}, lack of attractive and effective signing (3.7), and poor physical condition of buildings (3.6). Eighty-one percent of the respondents felt the district could become stronger if more people were living in or around it. Traffic considerations were rated higher than physical conditions. Most agreed that current traffic volumes are okay and that improved bus service would benefit the district. But most were cool to the idea of one-way streets. When asked what kinds of activities would bring the greatest benefits, the highest rated response by far was "low-interest rehabilitation/improvement loans". The action bringing the least benefit was "loosening up development regulations.. Between the extremes, respondents felt relatively positive about a targeted code enforcement program, a voluntary clean-up or fix-up campaign, a street tree or landscaping program, and design standards for new buildings and signs. Some expressed frustration at the lack of organization of the business community and the difficulty in getting individual property and business owners to commit to district improvements. They expressed a need for coordination and leadership from within the district itself, but with support and assistance from the City. At least five distind neighborhoods surround the Charleston Business District. They are separated from each other by arterial streets which ad as barriers to mobility and inter- action. Bement E -- Page 61 Appendix: 5 ,. D. RECOMMENOA T10NS: Consistent with the City's visions related to the maintenance of healthy and attractive neighborhoods and business districts, the following actions are recommended: 1. The City shall carefully consider the impacts of the Highway 304 improvements on the Charleston Business District and on circulation in and around the district and new PSNS gates and expansion area. 2. The City shall encourage the establishment of a Charleston Business District Association that can meet regularly, discuss problems and opportunities, coordinate promotional activities, and initiate and follow through with identified district improvements. 3. The City shall offer to work with local property owners, businesses, and surrounding residents in the development of a Charleston District Neighborhood Plan to include some or all of the following: a. A master plan for Mure larid uses in and around the district. b. Zoning adjustments to more directly reflect the district's growth ambitions. c. A strategy to improve the image and visual appearance of the district, possibly including landscaping, street trees, signing, design guidelines for new construction and rehabilitation, and building maintenance program. d. A plan to improve mobility through pedestrian-related improvements, bikeways/routes, bus scheduling, bus stop design, and other means. E. DEVELOPMENT AND DESIGN REV1EW: The Charleston Business District has retained much of its original character. The central portion along Callow is very pedestrian-oriented with small stores, window displays, interesting storefronts and signs, and a human scale. New development and building rehabilitation projects can be encouraged to take into consideration these features and design their projects accordingly. The City can assist by advising clients of design options and by applying adopted criteria in the site plan and design review stages of the permitting process. For a project to be in compliance with the Comprehensive Plan, it should be found to be consistent with the following criteria: 1. Efforts to repair and rehabilitate older existing structures are. encouraged. 2. Natural exterior building materials such as wood and brick are preferred over concrete, plastics, or metal. Element E -- Page 62 Appendix: 6 .. 3. Exceptionally large stores should be located at the extreme north or south of the district, or along Montgomery Street to avoid disruptions to the small business character of central Callow Avenue. 4. Providing a higher density residential base is an important objective. One or two stories of residential development are encouraged over street level businesses whenever possible to bring more people into the district as residents. The City will look for ways to assist through incentives or other means. 5. In keeping with regional and citywide transportation objectives, local district policies will give preference to travel modes that provide alternatives to the single-occupant vehicle. Some additional parking should be provided, but so should bicycle facilities, improved bus service, and pedestrian amenities. 6. New parking Jots should not front on Callow Avenue, but should be provided behind the buildings, off alleys, or along Montgomery Street. The possibility of consolidating properties to create a single large parking lot along the west side of Montgomery between Burwell and Sixth should ~e investigated. 7. The present Bremerton School District administration building property at the northeast corner of Burwell and Montgomery should be master planned for business uses or a mixed use development that can take advantage of the high-traffic location while also becoming a part of the business district. 8. In addition to being consistent with the Zoning Ordinance, signs are encouraged to be simple, in scale with the buildings and surroundings, and consistent with the "Old Charleston" character (or other locally adopted theme) of this district. (The district association may wish to establish design standards.) 9. AU new development shall be pedestrian oriented. a. The primary entrances to buildings and businesses shall be from the street frontage sidewalk, particularly buildings fronting on Callow and Montgomery. b. Street front facades shall showcase their businesses and encourage window displays. The City will consider a Zoning Ordinance Amendment to allow no more than 40 percent (suggested) of a building's first floor width to consist of solid walls to the street. 10. The Zoning Ordinance shall be adjusted to encourage the continuation of established development patterns that provide the district's character and to adjust setbacks, parking, or other requirements that may be overly restrictive. At the same time, the~ City will emphasize the importance of landscaping requirements and encourage street trees, private landscaping, and other amenities that might enhance the visual appearance and image of the Charleston District. Bement E - Page 63 Appendix: 7 ;. " Appendix C History of Charleston Cf-L-\RLESTON fHST,ORY .AND DE,\lEL'OPlo/IENT The town of Charleston, Washington began with real estate speculation that a new naval installation would be built somewhere on the shore of Port Orchard and most likely on Sinclair Inlet. In 1891 the Navy acquired land for a drydock just east of the plat of Charleston. The contractor for the drydock, Byron Barlow of Tacoma, established his headquarters at Charleston even though the drydock site was over a mile to the east because some of his associates had a financial interest there. The plat of Charleston joined with the plat of Port Orchard to incorporate as the Town of Charleston in August 1893. This was a company town... the newspaper, general store, housing, all controlled by the Barlow Company. Even the first mayor, Edward Barlow, was the contractor's son and the second mayor was a company partner. The company town phase ended by 1896 when drydock construction was completed and the workers had departed. Combined with a national depression (Panic of 1893), the town practically ceased to exist. For two or three years the town consisted of a general store that also housed the town hall and post office, a one room church and a four room school house of which only one room was in use. The other buildings that had served the contractor were vacant. Work began to pick up in the "shipyard" in 1897, as the battleship Oregon was prepared for its famous voyage around South America to participate in the Spanish American War. Additional employment for the men and businesses of Charleston came when a coaling facility was built in the west end. Starting about 1900 the population and area of Charleston began a period of continual growth that would continue for a quarter of a century. Very quickly Charleston and Bremerton expanded to a common boundary at High A venue. It was at that boundary where the towns established a Union High School that in 1930 would be renamed Bremerton High School. Appendix: 8 .. -- Charleston was a one school town until 1912. Then schools (grades 1 to 3) were added in Navy Yard City, on Naval Avenue and near Phinney Bay. With the great growth resulting from World War I, Hillcrest was added next to the old Charleston Central School, and the federal government built Washington School for Charleston and Lincoln for Bremerton. The other building that the government provided to Charleston as a result of World War I is now known as the American Legion Hall. It originally was known as the Charleston Community House or Red Circle Club when it opened in 1919. It had been built by War Camp Cdinmunity Service for the thousands of servicemen in the shipyard at that time. The war ended, title passed to the town and later to the American Legion. Through 1912 almost all commercial development in Charleston had been on Farragut or south along Cambrian, Wycoff or Callow, and all were wooden. Beginning in 1907, brick and concrete buildings were built and some commercial buildings began on Naval Avenue and around the intersection of Burwell and Callow. The strengths of Charleston had always been proximity to the shipyard, good transportation fIrst by ferries and later by roads, and a good beachfront. Each was eventually lost. Successive improvements to the road to the head of the bay (Gorst) took away the beach. Larger automobile ferries discontinued service to Charleston after Bremerton provided auto handling facilities. Finally, in 1942 shipyard expansion resulted in the destruction of most of the early business buildings and loss of the last of the waterfront with its railroad facilities. Charleston lasted 33 years as a separate city and has been the heart of west Bremerton for the last 70 years. The challenge now is to take suitable action to adapt to recent shipyard, social and cultural changes. Russell Warren, November 1996 Appendix: 9 . Appendix 0 Background Information and Examples Appendix D contains selected background information and examples that were used to illustrate Plan concepts at various public meetings on the proposed Charleston Plan: D-I: Identification of the Charleston Business District D-2: Pedestrian-oriented Core of "CD" zone D-3: Parking Lot Proposals D-4: Puget Sound Naval Shipyard (proximity map) D-5: Burwell Hill Climb Appendix: 10 .. Appendix D-I Identification of the Charleston Business District The Charleston Business District, as identified in this Plan, includes most non-residential areas from First Street on the south to Thirteenth Street on the north. The pedestrian- oriented retail center of the district is along Callow between Burwell and Eleventh. The Plan suggests that identificatiori signing, historic lighting, and other special features be used to enhance the district's unique character and identity, particularly in the high- intensity pedestrian core. Recommendations: Establish an "Old Charleston" street lighting theme along Callow A venue from First Street to Thirteenth and on Montgomery Street from PSNS to Eleventh Street. Continue the theme on intersecting streets within the "CD" district. Entrance/l'dentl'ficatl'on sl'gns should be :";,' .i-J t::;r!'::~1 tt=.TC1=:::t:-~ t1'j.:::~:J r! -Jf,].i L-'j'! l,. 'i ...; ...., q.-i [-=::lL-'-1 '-"j J I, ilL '--......J L.__ J \----.J t...... _: . ..__ .-.- l._~ .--... --_. ,_ placed at or near the following locations: f'j r-i ;::_::) p. I.... ....' l...t....; l".ii-=l tr-'r-~l' I ,......1 i=-H=~.: i::'. '=J 1"'T-l ~:-: ~:l ~'.=F':::l f~j!.-.j =lr= r:'; r..--! t~J I'~: ! L'~.i:.~.-i ~::.:='1. ..::..i=~i !,..if-.1 [-1t=j f~:' r:.-.~j ;'.-1 i-,.j r:.:: I t.-. "-1 ...,... -L..j-1r--1 /'-"t-lj .. r,,-,; t.--jr--' 1-........ I I I..'" .:::~.J='Lj \....~...-J. -~.l'."''' .. ._'. ,"--.", j --1. .....j I 1 I...., t..... ....- l~.j f=ji:=J r- ..~~ ,..-. I ::: ~j /i,-j rr=lL;l A 1:::::1 [.=' " ~~_"._~L_j L. L...........J L." .J.LJ LLlill1~slli~l' .::: -' .' r----' '---r--, r"."). . ; ( ~ \ '~:=i ,-__ r~~~fIJ I I =i=:J 1:c-[i1:!OI:Lr~IJJ rJ r , . :3 fJ ~ ..--.j L........ ..LU. .- i \ -. ,.--. ,..-. ...- - - . '''- r . =J I 1---1'....1--,..1"...., -- 'r-.'" r:~_.__i r, ._1 ; .,... ----; ! If. 1 iJ ',--..! 1'''1 r-.jl...... '--1. f ....t::::J ::,J,::yt:::!:,J.li r t' ..: I \ i 1:.:~:; :....11 -11J i j :.:::. .---.! LLLU...lIL I [...~I !'\ 'J f..--.., 1.-./ j'-"l . L .....::..] r-"I.'r-I']T[J] [' -' ~.....1 ,.___J I_J -. . LL ..1.. ... .-'- r'''.- === ,.., r---' r....-,(..-1 r::J ~. --l flT1JTJITT] r:::-i !=:J !. \ ' L.J L_I' I! 1~1 no. ::'-:<1 _....i_c..L J...LL :::: ~._~ !-, ~ ". \~ (.1 I I ' t::.. r-' -1 1"''''1TTiTTTl I j'_.~ r-j "', · r:-'=i )..- ! - rll.... -I. ~L!::J4-1.'-[ID'.J II:: ,....., r'." . " I-J I-~ I 1 I I I f I , . '.-"j ,_I H., ("-" j ~ '-i t:~: -- I ,-~_LL.U_.. ... 1.=, !-~J' f=1 r" . I t--1 I l:~ ! "'11TTTI=l fi ~._..... 1-- ""--1' --i U LLI 1. 1 J. J ~...! t.-.j I I' "-:1 '. \,~.. l !. I I :-=:"=:':"'-{, C L_J L.._'__. L_'~! _, --' J '_. ~_ '-{h'3(reeT":~ r.' r--'] r-J r--' I 'I ~~ IT' J ,,-I L=J ::: I ~..-I f::: '-.L~ ::;.: =:'1 .::: ::~. [::1. ....11 i -I F< 1 I- -.. .-. i..... . _.~ "J \.-.. I..... r= ...-- 1--'-"-'-' i "j . ill ~l~j~~~j~~ ~~~ . t~n~~ -'-.......1 l=J C, l=i ':--' rr_ ..,J L . _~ ,_. lW~1I S. r~ r-; ['Clutj-ii' ~ p' .~ ._...1 --I, ] ~ 1-'-' I ._-1 1 ~ -~I'-- 41:= --I ~ . ._ r:: "-.jl --~ ,-..-. ! i:'-;~~=~,-~,- ~::.~ -- .---==,-Ji..... :'.-..... . ,I ' . L .__.<(.. . 1< _ .. [__II 1 ~~- I ' --. ,u--cf,r '_I 1 -.- I ,. I -'. '_11 I.,".,~ .1C:~lC" J~." .==- ....--.1 ....\_. ,- _' ! ~ :=l.-l~..- ~~l~~,=J='" .~m""- III r · Ti[:j~<\ ==::J JLJ f= = ..'r~~l. ~!~~.\~ LI_...l__~ Wr"'~ 1.;.:._]_.. ) - -... . .--..----.-..-.---.. 'l-:':~I l=:J::j ;~~~ '=1bll~~.:: / r Montgomery --11---1 -.lC=' t:,) / Gate -~ I--J d__ Ji l., Appendix: 11 1. 2. Callow A venue at First St. (for northbound traffic) Callow Ave. at Thirteenth St. (for southbound traffic) Sixth St. west of Bryan ( for westbound traffic) Sixth St. near Wycoff A ve. ( for eastbound traffic) Burwell St. west of Bryan ( westbound traffic) Eleventh St. west of Callow (eastbound traffic) Eleventh St. near Montgomery (westbound traffic) .. Appendix D-2 Pedestrian-oriented Core of the "Cd" Zone The proposed new "Charleston District" zone includes a list of allowed land uses and businesses. Most will be compatible the zone and will strengthen its pedestrian-oriented core. A number of other uses and businesses that are less compatible or auto-oriented would also be permitted within the zone but would be restricted from the pedestrian core area. The "pedestrian core" includes properties that front on Callow Avenue between Burwell and Eleventh Streets as shown on the foflowing map. i : 1.-1...i r:'''] f':~ \'-'-II-'''j '......-1-....1 D.... .........j r--"j 'l''']'! \..-.....1 ,..__ll._':,j t::1.:::::::1 :-.:.:l c.::.1 t::::;::t::.J ___.. L._ ......1 L_ 1"-1 r......:] 1'-1' I ....... ....- ...-t=-=- 1"'''''1 r:1 ,......lI-l ~=-.1 t::J 'f~~"'" .--- i'-'y- :.=: .-::'::. :=f'::::' f~j. -"I ~t~;'1 I :::.::J j.......l ..:::. f:"'J~'-'i .-::: -=:~. ..=..f==: \.--., t-- --1-1 F'::: I F=::J I"~::':' -...-. roo" ::::::'1' I"--'.~:::':.l""'''j !:::::Jc.l ::::+..=1 ,.-..-., ]...-..} ~ .....-.j /...........-.. ,.::== ::::... :::F~::' '......n...-I ....-1-..-1 I:::::::~ 11, .~..::j I ........=.~:1 i ',' '''''':: --}\._..1 r::f'jl !~':1:~1 t~ ::~:11 r......~ J' L . ....' . L...J L .../ . t ..1.. , ........! ,....-. 1...... .........-....... -- . 1}1I1.. Slicet , . . _ r-']:::::] ''''''''1' 1 1 . i I \"~:'] E-- t'''-f:::'i l::ttft:-ct[b ."-'~ -..: r==l .~~~: !':":'I l="~[:I'=I:l"~l-T"l-l !::1 ::::::11::1 '--':':':Jj L1... ....... ..1....... ... .-' . <:....i. ..., I ....-.. ::::: :.=~~ fIfO'T-III] t~~ \J ~~j ~~ll.=~ E::j [r:[:[I~ii=l~1] r:::.:; ~~~ =:j' {]J]1.LII[I:J !::::~ 1\ --... _"h. C]]]JIU'TJ "=~~ii; i "'-1 '..-.. --I r'J" -rr]--.[IIJ" .. t . . --I ..-- -- J ...Li.. --. r=' r~': r, (~ rr.--I-rrro....] . .......~ f--' I '.' .Ll - ..1...1..... :.1 SI]i :~-'''i lr~~;=-- - . I S:;J,.~ I ....- I r-" ...l =-_-= ::-1.. 1 I=r 11-- ~- ~f~ :.: ~ ~ = ----- - ~ IT : :j8l=1fla~ 'l~ ~ -~ ~ ~I~- ~~: -'.I;.-'''~ -....11.-- ~.;::: .....::~ . --....i -..ll......... ......l.-...t: ""-:t"-"f~'- -'j ..: :::. ...... j '-.- ~~.:.- .. I ..,..flJ .. ~ r-....,:d....... :I: ....- ...'" '-"i ....... - ., ! '1 ...~c "-:1'\ ---"I~ ..2 ... ...'- ...... ':::::::./ .-.... . E -.... r= ;:>0\"'" .=.:jfU ._. .:: 1'- .= I I rJ T [ ..j~.- ....-10 -.. ........, ..-..' r rstL..\ L._LJ.> U~::J. L. ....- ........1 ....J....- -~l :.~~] CHi nr=J ~ ~n"t(~7l77777 ,.:-; fI/ .. Gate Pedestrian Core: The solid black line outlines the "Charleston Business District (CD)" zone. Within that zone, the shaded area identifies the "pedestrian core". Appendix: 12 Appendix D-3 Parking Lot Proposals Adequate and convenient parking is a primary concern of the Charleston merchants. An inventory of on-street and off-street parking spaces found a total of 1,361 spaces. Although there is a perceived parking shortage, there is not a deficiency of spaces. The problem is availability. Most parking lots are privately owned, many are poorly maintained, and most are reserved for specific businesses and not available to the customers of others. The Plan found that the primary problem is not a lack of parking, but a lack of parking coordination and management which can be corrected most appropriately through the cooperation of parking lot owners and merchants. This business district can become a thriving economically successful and attractive district. To help this happen, the Plan encourages infill and redevelopment to maintain a continuous pedestrian-oriented retail core from Burwell to Eleventh. Some land uses and businesses would not be allowed within this pedestrian core. Included on the list of non- pedestrian businesses is "Non-accessory Parking", which includes public and private parking lots that are not directly related to (accessory to) a particular business. Such lots would be allowed to locate anywhere in the "CD" zone except within the pedestrian core. Parking areas that are provided to serve the needs of a particular business are considered "Accessory Parking~ots" and may be provided to serve the needs of local businesses. These lots mayreplace demolished <?lder buildings and must meet the City's minimum development standards for Class "A" Lots, as provided in the City's Zoning Code. To provide a quality appearance and minimal conflicts with the pedestrian environment, Class "A" lots must be paved and provide a 10ft. landscaped setback from the front property line. The following illustration shows how a Class "A" accessory parking lot might be provided on a typical 60 ft. wide infill lot on Callow A venue. -- ----- -----------:----- ----- -- ----- ,Au..Ey ~~ . rrEIE CA LLDW Ave: I I Appendix: 13 Appendix D-4 .Puget Sound Naval Shipyard (proximity to the Charleston Business District) Uc~,' ~. I- .I~ : .11 UUJj. =Li!! ~ '.' .... Cl [;l ~I = ~ I: t; ~ if.;(...~.:t..~.: JO?,DOO J ~ . .> .~ ~\J tl ~J - 1- ~ =;= ;t~~ ~Y,Ll ). EII \~"~".. \I~~f'r ,:'-~ III ;'"_. ~ . :, ~\j i=' f- ..:....... ~rrrrnlQlLl:J Cl" .. :'. . f- ........... ... j,fT1lTllnl[IB 01I j.- 1_ ? l~ ~ I - - J ;:':f'i;ti7fI'::~ill "I "" Sf D.IL ,ell'. PUGET SOUND ~~ I~ f- ~~..<...)# u'.:" I r=Ff= ;. . t-~ NAVAL SHIPYARD _ - f'\. .;:;,. . J II LIlT!" , 1;'- = - ';:: mr'll 1111111 ~rom I . ,.lr - - - "". iT- .... ... ~f' . ... . - ~ >- - - z:. 1'7 .. .LiJ~ IT; ;---- Relalionship to lhe ~:_ ~I~ - _. .~ .. :'~ '.:Ib.- 8ll U, -- ". - CIIlJ ~-=-. . .';:f!>>t;gf ~~ = - ~ = ~ ~. ;/';: l" ~ _ ITffi' >:.~/.':': =-1{ . - - - ~ \ fl- i.... ~.~. t = - ~ I .;.. . {fi' - . = - ..;.. - - ~ - .:1-, i? i.-,.: · == = . ______ . -_....;.;...~/,.? _ _ 1_ i .d- ~. ~ 1- _ J: ~.r. . ---..- .... '.:":"/.-'.' . . - I'- or :. ..~. .~= I c:=L- :~.~.~.:.~,J~8~;' ..l.l__~ ~I~'J ~~ -j :~i~1 a~~1~2' II m . i '~li:j . ., I f,l~LV~"~~~l~~11 ,-! = ~1~: -= r~"f~ - .~ , - :.::JeD '.' .~u:<-..I] - = . ~ '- ., ...._.==m I~.. J -. r~81~.~S".~..:.ea".;...~..." ~ 3 -~ ~ - ~~'I~..; \~~CJ~~11 J~~!' .' If --pD 0~GimI II~ ~I~~~.-. "~~.!l~ ~J.~ . r,~"~.- L1\~!~::: . I-f~ j~TiTj~m · ~lm or B-r pi.:. ."_. =-- _. '~lD . .._.~-= .-T-~ . ." '=V ~ u ! ~JrJ~O=lk~ ~~~. . M' :IJJUII....')~7: ::-L- 1 . !;;;= . I !~~~\k~~' ~ '-~. .....(,,;;!fg , l. .- ~A' ~. . ,t II J J ~ .:... ~ .....::~.:)(., . -~ ~ /, , ". .' 7.:-- . f .~ ., ptR'" '"'C" i Appendix: 14 , ... Appendix D-S Burwell Hill Climb The City is considering the closure or partial closure of a portion of Burwell Street between Wycoff and the alley between Wycoff and Callow. This street segment is very steep and hampered by visibility limitations. The alley should remain available for local vehicular access. Access to the alley from Callow via Burwell is important. Improving pedestrian linkages between the Charleston Business District and its surrounding neighborhoods is an important objective of this Plan. The Burwell Street right-of-way has the potential to become an important pedestrian link between the west side neighborhoods, the business district, and Forest Ridge Park. Improvements to its sidewalk system could (I) encourage pedestrians to walk to and from the business district, (2) establish an attractive landscaped walkway between these two important areas, and (3) make more effective use of the Burwell right-of-way. Recommendation -- Add: Action C. Burwell Street Hill Climb: 1. Narrow the curb-to-curb width of Burwell from Wycoff eastward to the alley to accommodate one lane of traffic in an eastbound direction. These improvements would be designed and signed in accordance with City street standards and would include provisions for access to private properties as necessary. 2. Create a pedestrian-friendly "hill climb" between Callow and Wycoff, consisting of sidewalks, stairways, rest benches, lighting, landscaping and street trees. 3. . Continue the pedestrian system of sidewalks, landscaping~ lighting and street trees westward from Wycoff to Forest Ridge Park. 13U~Wfi:L-L- ~ ~ } ...... __->--,"~~_~~'.."-=::'~~~__d .1 1 (Q Appendix: 15 , . . Appendix D-6 Sixth Street Hill Climb .. , A short segment of the Sixth Street right-of-way between Wycoff and Canlbrian is steep, overgrown with vegetation. It is not likely to be developed as a roadway. For years, residents of the neighborhood to the west have been using a primitive trail through this ROW for access to the business district. This is a natural pedestrian connector. Relatively minor landscaping and walkway improvements could encourage pedestrian travel, increase local business patronage, and improve the view of the hillside from Kitsap Way. Enhanced pedestrian access to local businesses is important to the district, . is in everyone's best interests, and is consistent with the goals and policies of this Plan. Proposal: Improve this steep undeveloped public right-of-way with a hard surface pedestrian walkway to link the Charleston Business District with the neighborhood and Forest Ridge Park. ~ Appendix: 16 L z < ~ OJ :E < (.) ~ ~ '- -..I --- ~ u. u. o (.) .~ ~ o -1 -1 <( () CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. ~ ,1- .lem T~ ~ -:;;;> I-/a--f of S-Iete l- yL!UNtS 7~TE;ef:o ~o 3?5-CJ/9~ UY3G~ {];ALLtJWfll '3 ~D "377-1;).7 ~Ciu~ . D' ryo7r-07cf~ DN-A? ((~&/~ ! l.r~J I/~ t1 CJs;I:~ti/ JCt1 ifL Q~/ ~ PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT c?6tDfo Ie ! ~O r 317r <? ~ (hf~ 03,'{; ~<; hr ~(~ev 10krk oJ h d U~ /J15/MV6 CI-!tl((& S(!{ (LoJ)) ,,"" '...e,J;../L..-U' e ,..-..\~. ~r~t k'r\t;.e k)~,~)" , lJ (' '(\ l)\ R 0 \)'\ \\~r, ),~ ~ JA\ If) J CMPJo-D 3t,o- '7 I 0-.. I] 5"Ct' c!)~ --u 5"0 -- -1ltj~ 501 t.F 4[ q '5[,,-1 L.{- ?9~ ~9M-O ' ur t - l$Cjy / ay- /f. I 1 n . . Co {. .j...7 I Cd-OW 18rJ~<fLf3 ~ CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT i~ g t:tL . f. <(J.i) OX ~3-0~ 300 LI3Y~-3SdS-' 3 &J (0 {fe ??'2CJ 2-- , I e.. -\-.-\- C( ( t1 c-,( tl.-~(fC.E. ~~~j),/ /1- 30-0I ~ Sf<2cL,l-ers /V/fvt1~ ~ g~tufJ ~2r~ \)Jc~ ~f~ ~;d( SIh4K fJrA 1\ . ]\( / ~ \ ' ~ I (jJ. C5 ~~ ~Iy J S(~~V uf ~4-0NC L'5~)-47~~4l~ 7 ( 3(,,0) 377 - "KOcr / C~&) JUl. qt~l (]tDJ 701-)>-!b ;Zo~-- 414-42-:2-8 fn' iJM ) vJ It . 3M) 2QC~:JC9:30 "", c;.; '--~/ 3 .~ d~ 0'}-S1.!'YL //- 30-0s - ~K~,;-,NF - 7~ (If ;:/ /!-oJl E 3tQo -Lt1Ci~ 2jl7 ~UD 2OY?Z&;'2- ~fp()) ~(3-/~~ ?C(j -/~:2-o~()5 ~ /'IAfvl~ W\'i \~ \JCt,V15 ~g~ [(V/!1'v.;;1Ve I 0 ~SV) 1~4< t'j <P lA If'- \ ct (A.e. {/IkJD r(, (llvhr1h rf ~~ b.ShOtwv) ~h6!65COH- ') . 1u(') HI1 / c5C<J# / VUJet:Jcb~ {}ANJer g~ lft\etL ~ !1t leV"' 7 ~\KlA- 17ll eN ~!J ---- ~ J-[J- 90< ;3 ~ @(pf?) 0 73 -Q52iP ~ 00 --'S 17~ ( ~ '8 S 3~o- n~-qdB DATE SUBMITTED: 11-22-05 BILL # 05 - ~74- t.A AGENDA BILL CITY OF BREMERTON CITY COUNCIL ............................................................................................ SUBJECT: Ordinance No. 4955 amending Rates and Fees for 2006 and Chapter 3.01 of the Bremerton Municipal Code Committee Meeting Date: Budget Workshops COUNCIL MEETING Date: 11-30-05 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: In cotljunction with preparation of the 2006 Proposed Budget, the administration is recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended. Specifically, Rate Table C - Community Development rate changes reflect modifications to land use procedures and new terminology in the proposed zoning code; Rate Table D - Police Department amends animal license fees to gain uniformity with Kitsap County; Rate Table E - Fire Department proposes rate increases in ambulance transport fees that reflect the increase in costs of providing services; Rate Table F - Parks Department establishes 'Not-to-Exceed' rates for more flexibility in pricing user fees; and, Rate Table G - Public Works & Utilities permit fee increases reflect the rise in inspection costs. ATTACHMENTS: Proposed Ordinance and Department memos FISCAL IMPACTS (Include Budgeted Amount): Increased rates and fees have been incorporated into the revenue forecasts for the 2006 Proposed Budget. ~~.-' A1.' 7 ""''\)) !/tdr.( At 8u~.f ,\eJ~ OPERATIONS: ~~~ tJ::~"'~ COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. 4955 amending Chapter 3.01 of the Bremerton Municipal Code updating rates and fees for 2006. FISCAL/BUDGET: I CONSE'NT AGENDA 0 I COUNCIL ACTION: D Approve D Deny 0 Table o Continue 0 No Action ORDINANCE NO. 4Cf 5 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.01 of the Bremerton Municipal Code updating Community Development Department, Police Department, Fire Department, Parks and Recreation Department and Public Works and Utilities Department rates and fees for 2006. WHEREAS, the City Council desires to update the rates and fees for the year 2006; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended. Chapter 3.01 of the Bremerton Municipal Code is hereby amended by amending Rate Table C (Community Development), Rate Table D (Police Department), Rate Table E (Fire Department), Rate Table F (Parks and Recreation Department) and Rate Table G (Public Works and Utilities) as set forth in Exhibit A ofthis Ordinance. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. R:\LEGAL\Ordinances\Finance\2006 Rate Tables\2006 Ordinance.doc day of day of ,2005 ,2005 1 2006 Rates and Fees Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE NOYEMBER 1,2994 JANUARY 1, 2006 Within City Limits ~ Outside City Limits W04 GENERAL FACILITY CHARGES Water (per Meter Size) 5/8" x 3/4" 1" $ 2,300.00 $ 2.369.00 $ 2,300.00 $ 2.369.00 $ 5,750.00 $ 5.922.00 $ 5,750.00 $ 5.922.00 $ 11,500.00 $ 11.844.00 $ 11,500.00 $ 1 1.844.00 $ 18,400.00 $ 18.950.00 $ 18,400.00 $ 18.950.00 Calculated based on usage Calculated based on usage $ 3,482.00 $ 3.586.00 $ 3,482.00 $ 3.586.00 $ 933.00 $ 961. 00 $ 933.00 $ 961. 00 1 1/2" 2" Greater than 2" Wastewater (per ERU) Stormwater (per ISU) CONNECTIONIINSPECTION FEES Water Connection Fees 5/8" x 3/4" I" $ 1,715.00 $ 2,572.50 $ 1,848.00 $ 2,772.00 $ 2,899.00 $ 4,348.50 $ 3,682.00 $ 5,523.00 Actual Time & Materials 150% of Actual Time & Materials $ 1.10 $ 1.65 $ 410.00 $ 615.00 $ 540.00 $ 810.00 $ 45.00 $ 67.50 $ 45.00 $ 67.50 $ 270.00 $ 405.00 $ 1.50 $ 2.25 $ 325.00 $ 487.50 $ 540.00 $ 810.00 $ 45.00 $ 67.50 1 1/2" 2" Greater than 2" Field Inspection Fees Water main extensions (per foot) but not less than: Pump Station Miscellaneous (per hour) Wastewater Connection Fees Lateral Connection at PIL Lateral Connection at Main Conveyance Facility Ext. (Per Foot) but not less than: Pump Station Miscellaneous (per hour) 1 of 8 RETAIL WATER SERVICE RATES (cont'd) City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) Within City Limits 1004 $ 0.48 $ 3 of 8 Outside City Limits W04 0.55 Within Outside City Limits ~ City Limits ~ RETAIL W ASTEW A TER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $ 11.84 $ 18.12 $ 13.58 $ 20.84 Commodity Charge (per HCF) $ 3.68 $ 4.24 Duplex on I Meter or 2 Bldgs on 1 Meter Base Charge (per unit) $ 9.39 $ 14.37 $ 10.82 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Multi - Family Base Charge (per unit) $ 9.39 $ 14.3 7 $ 10.82 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Commercial I Base Charge (per account) $ 17.51 $ 26.79 $ 20.16 $ 30.81 Commodity Charge (per HCF) $ 3.78 $ 4.34 Commercial II Base Charge (per account) $ 17.82 $ 27.26 $ 20.52 $ 31.35 Commodity Charge (per HCF) $ 5.92 $ 6.81 Commercial III Base Charge (per account) $ 17.66 $ 27.02 $ 20.32 $ 31.07 Commodity Charge (per HCF) $ 4.85 $ 5.57 Low-Income Senior and Low-Income Disabled Citizen . Base Charge (per account) $ 7.35 $ 11.25 $ 8.47 $ 12.94 Commodity Charge (per HCF) 0-5 HCF/Month No charge No charge Over 5 HCF/Month $ 3.68 $ 4.24 Septage Disposal (Per Gallon of Tank Capacity) $ 0.15 $ 0.20 $ 0.15 $ 0.20 4 af8 Within City Limits ~ Outside City Limits 1004 RETAIL STORMWATER RATES Monthly Service Charge Single Family / Duplex Base Charge (per account) Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) Water Quantity (per ISU) $ 5.97 $ 7.45 N/A $ 2.99 $ 3.75 N/A $ 5.97 $ 7.45 N/A $ 5.97 $ 7.45 N/A $ 5.97 $ 7.45 N/A $ 3.65 $ 4.55 N/A $ 0.66 $ .0.83 N/A $ 1.99 $ 2.49 N/A Exception: Duplex with 2 Meters (per account) Multi - Family Base Charge (per ISU) Commercial Base Charge (per ISU) Public School Districts (per account) Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) Storm water Penalty New Multi - Family & Commercial development without on-site detention Charge (per ISU) $ 1.33 $ 1.66 N/A IMPROPER STORMW A TER INFLOW RATES The following rates are established for Improper Storm water Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1,2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Property May 1, 2005 100% Stormwater Fee for Property After May 1,2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451). 5of8 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee (non-refundable) Office Services New Account (includes water turn-on) Account Maintenance Past Due Notice Lien Recovery Charge Duplicate Bill Charge Close Account/Meter Read/Water Service Turn- off Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch Concrete Patch Asphalt Trench Concrete Trench County Road Permit Within City Limits ~ Outside City Limits ~ $ $ 30.00 30.00 $ 20.00 $ 20.00 $ 5.00 $ 5.00 $ 2.50 $ 2.50 $ 100.00 $ 100.00 $ 1.00 $ 1.00 $ 20.00 $ 20.00 $ 694.00 $ 894.00 $ 817.00 $ 2,348.00 N/A $ 1,041.00 $ 1,341.00 $ 1,225.50 $ 3,522.00 Cost Wet Tapping (Water Main Only)* 8" and smaller - excl excavation & backfill $ 2,852.00 8" and smaller - service to property line $ 5,746.00 Greater than 8" x 8" Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant Installation* Water Meter Reinstallation 3/4" & 1" 1-1/2" & 2" 3" and greater Water Meter Reactivation Water Meter Tampering Tampering Removal Tampering Reinstallation Cross-Connection Control Inspection Fire Service - Detector, Meter & MXU Storz Adapter $ 4,278.00 $ 8,619.00 150% of Actual Time & Materials Actual Time & Materials 150% of Actual Time & Materials $ 68.00 $ 68.00 $ 108.00 $ 108.00 Actual Time & Materials Actual Time & Materials $ 48.00 $ 48.00 $ 173.00 $ 173.00 Actual Time & Materials Actual Time & Materials $ 45.00 $ 45.00 $ 397.75 $ 397.75 $ 236.00 $ 236.00 6 of 8 MISCELLANEOUS (cont'd) Water Service Tum-off/Turn-on (Customer Request) Regular Hours After Hours Delinquency Notice Water Service Tum-off/Turn-on (Delinquent Accounts) Regular Hours After Hours Flow and Pressure Test (Uncertified) 3/4" & I" meters only 1-1/2" & 2" meters only Larger than 2" Utility Plant Locates Regular Hours After Hours Emergency Meter Test Fee (based on meter size) 3/4" & 1" 1-1/2" & 2" 3" or greater Engineering Services* Plan Check Fees Main Extensions: per foot BUT not less than (Includes hydrants and appurtenances and connection to water system) Pump Stations Fireline Extension Irrigation Systems System Connections Miscellaneous (per hour) Within City Limits ~ $ $ 20.00 150.00 $ 10.00 Outside City Limits ~ $ $ 20.00 150.00 $ 10.00 $ 45.00 $ 45.00 $ 150.00 $ 150.00 $ 48.00 $ 48.00 $ 87.00 $ 87.00 Actual Time & Materials Actual Time & Materials N/C N/C $ 150.00 $ 150.00 N/C N/C $ 108.00 $ 108.00 $ 148.00 $ 148.00 Actual Time & Materials Actual Time & Materials $ $ 0.25 214.00 $ $ 0.38 321.00 $ 536.00 $ 804.00 $ 86.00 $ 129.00 $ 86.00 $ 129.00 $ 86.00 $ 129.00 $ 45.00 $ 67.50 * Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). 7 of 8 Within City Limits ~ Outside City Limits ~ MISCELLANEOUS (cont'd) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development Non-Residential Development Plus per ISU $ $ $ 332.00 230.00 10.00 N/A N/A Final Detailed Drainage Plans Residential Development (per lot) o - 20 Lots 21 - 50 Lots 51 - 100 Lots 100+ Lots Minimum Charge Non-Residential Development per ISU Minimum Charge Resubmittal Fees First Resubmittal Subsequent Resubmittal $ 36.00 N/A $ 26.00 N/A $ 23.00 N/A $ 20.00 N/A $ 255.00 N/A $ 20.00 N/A $ 306.00 N/A No Charge N/A $ 255.00 N/A $ 15.00 N/A $ 15.00 N/A $ 153.00 N/A $ 0.80 N/A $ 306.00 N/A $ 45.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) Non-Residential Development (per ISU) Minimum Charge Conveyance Facility Extensions (per foot) Minimum Charge Unscheduled Inspections* (per site visit) *(Unscheduled inspections shaH be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shaH be paid prior to final occupancy approval.) ** Does not apply to single family residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)* $ 30.00 $ 30.00 * Search per parcel 8 of 8 COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Short $1 000 + $150 per lot Long Plat $2500 + $150 per lot Final Plat $315 2. SHORELINE MASTER PROGRAM Substantial Development Permit $650 Conditional Use Permit $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100~ 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement $650 + Reviewl Adoption additional cost of expertise 4. SITE PLAN REVIEW Four or Loss Rosidonti31 Units ~ Others $500 ~5. APPEAL (to Hearina Examiner) $175 To H03ring EX:Jminor $-m ~6. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage & Weed $640 + Direct Service and Supply Cost ~. BUILDING PERMIT FEES -Refer to Exhibit 1 IS. PLAN REVIEW FEE 65% of the Note: 50% of the Plan Review Fee may be building waived in cases of multiple submittals of permit fee as identical residential plans within a calendar set forth in year. This waiver shall not apply in the Exhibit 1 event of an applicable code chanqe. 3.01 - Cl COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees RATE !!9. MECHANICAL PERMIT FEES --Refer to Exhibit 2 !!4(). PLUMBING PERMIT FEES -Refer to Exhibit 3 10-14. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4 11.t2. ZONING ORDINANCE Ordinance Amendments Text Rezone (Map Amendment) $740 $740 Variance Administrative Public Hearing/Single Family Public Hearing/Other $325 $500 $1750 Pkmned Unit DovolopmontResidential Cluster Development Rosidonti::11 Only $1500 + $1001DU $1500 + $100!DU Industri::1l, Commorcbl, Mixod Use or G#leF $2500 + $100/DU + $100k3cre Development Agreements $1600 Spocbl Uso PormitConditional Use Permit Administrative (No public hearing) Hearing Examiner/SF Residential Hearing Examiner/Other Non-Conforming Use Determination $350 $500 $1750 $275 $175 Director's Code Interpretation Zoning Vorification Lottor $4-2a 124-3. COMPREHENSIVE PLAN Text or Map Amendment Combined Text and Map Amendment $1500 $2500 13. SITE PLAN REVIEW Four or fewer Residential Units Other $250 $500 $500 14. SITE DEVELOPMENT PERMIT (Fee waived if concurrent with Site Plan Review) 3.01 - C2 (.) 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'.-4 U'J ..- ~ 0 v ::s - () ~ O'S ~ O'S .t::.,.... ;::l .,.... ,..0 0 0 0 ~.S o 0... -,.....,.... 0....,.... "O.s I-< ~ ;::l 0.. 5 b g::.s $ ~~5~~g~g&~8~~~~~",~ ,..:;;< B ~ U ~ ] st; ~ --,2 .s ....~u o~ N~ ~ ~~ ~OOO'l~~~ ~ o o o o o~ - €A COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters 1. For the issuance of each mechanical permit 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or fina1ed Unit Fee Schedule (Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BtuIh (29.3 kW) For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW) For the installation or relocation of each floor furnace, including vent For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btulh (29.3 kW) For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btulh (29.3 kW) to and including 500,000 Btu/h (146.6 kW) For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 BtuIh (146.6 kW) to and including 1,000,000 BtuIh (293.1 kW) For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 BtuIh (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btulh (512.9 kW) Air Handlers For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 Lis), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code For each air-handling unit over 10,000 cfm (4719 :s) 2. 3. 4. 5. $23.50 $7.25 $14.80 $18.20 $14.80 $14.80 $7.25 $13.70 $14.70 $27.15 $37.20 $55.45 $92.65 $10.65 $18.10 3.01 - C4 Evaporative Coolers For each evaporative cooler other than portable type Ventilation and Exhaust For each ventilation fan connected to a single duct For each ventilation system which is not a portion of any heating or air- conditioning system authorized by a permit For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table For each gas piping system of 1 - 5 outlets For each additional gas piping system outlet, per outlet Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge - two hours Reinspection fees assessed under provisions of this chapter sqall be as follows (per inspection): Inspections for which no fee is specifically indicated, per hour (minimum charge - one-half hour) Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge - one-half hour) $49.501 lOr the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees 6. 7. 8. 9. $10.65 $7.25 $10.65 $10.65 $10.65 $6.25 $1.25 $49.501 $49.501 $49.50' 3.01 - C5 Permit Issuance 1. For issuing each permit 2. For issuing each supplemental permit Unit Fee Schedule (in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) For each building sewer and each trailer park sewer Rainwater systems - per drain (inside building) For each cesspool (where permitted) For each private sewage disposal system For each water heater and/or vent For each gas piping system of one to five outlets. For each additional gas piping system outlet, per outlet For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps For each installation, alteration or repair of water piping and/or water treating equipment, each For each repair or alteration of drainage or vent piping, each fixture For each lawn sprinkler system on anyone meter including backflow protection devices therefore For atmospheric-type vacuum breakers not included in item 12: 1 to 5 Over 5, each For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller Over 2 inch (51 mm) diameter For each graywater system For initial installation and testing for a reclaimed water system For each annual cross-connection testing of a reclaimed water system (excluding initial test) For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas 19. For each additional medical gas inlet(s)/outlet(s) Other Inspections and Fees 1. fuspections outside of normal business hours 2. Reinspection fee 3. fuspections for which no fee is specifically indicated 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $30.001 IPer hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employee s involved. COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHffiIT 3 PLUMBING PERMIT FEES 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. $20.00 $10.00 $7.00 $15.00 $7.00 $25.00 $40.00 $7.00 $5.00 $1.00 $7.00 $7.00 $7.00 $7.00 $5.00 $1.00 $7.00 $15.00 $40.00 $30.001 $30.001 $50.00 $5.00 $30.001 $30.00 $30.001 3.01 - C6 COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $49.25 10,001 100,000 cubic yards (7646.3 m3 to 76,455 m3) - $49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) - $269.75 for the first 100,000 cubic yards (76,455 m\ plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m3) or more - $402.25 for the first 200,000 cubic yards (152,911 m\ plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $50.50 per houri lOr the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PERMIT FEES 1 50 cubic yards (38.2 m3) or less $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) - $194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) - $325.00 for the first 10,000 cubic yards (7645.5 m\ plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 cubic yards (76,456 m3) or more - $919.00 for the first 100,000 cubic yards (76,455 m\ plus $36.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) $50.50 per hour2 2. Reinspection fees assessed under provisions of this chapter shall be as follows (per inspection): $49.50 per hour2 3. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $50.50 per hour2 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 20r the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits ofthe employees involved. 3.01 - C7 POLICE DEPARTMENT - RATE TABLE D All Rates Listed Are "Not To Exceed" Fees D. POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS 2. FINGERPRINTS - 151 Card Each Additional Card 3. CRIMINAL HISTORY CHECK 4. VERIFICATION LETTER FOR LOST OR STOLEN PROPERTY 5. PHOTO PRINTS (Per Set When in Possession of the Dept.) 6. LICENSES FOR DOGS AND CATS For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered For Each Dog Not Spayed or Neutered Senior Permanent Doq/Cat 7. ALARM COMPLIANCE FEE 1 st False Alarm in any 1 Quarter 2nd False Alarm in the same Quarter 3rd False Alarm in the same Quarter or Subsequent Alarms in a Calendar Quarter 8. SERVICE FEE FOR ANTI-HARASSMENT ORDER 9. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant Subpoena Preparation of return of service Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) I b RATE $7.00 $8.00 $8.00 $8.00 $8.00 Actual Cost of Processing $7.50 $.:tc2-:0012.50 $~37.50 $~37.50 $12.50 $40.00 $80.00 $160.00 $40.00 $15.00 plus mileage $6.00 plus mileage $5.00 $0.25 per mile 3.01 - D1 FIRE DEPARTMENT - RATE TABLE E All Rates Listed are "Not To Exceed" Fees E. FIRE DEPARTMENT RATE 1. AMBULANCE TRANSPORT FEE ALS Residents $ea450 ALS Non-Residents $400550 BLS Residents $dW375 BLS Non-Residents $42Q45 0 Mileage $+~/mile 2. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE $100 After AND ADULT CARE FACILITIES first response per quarter 3. FIRE RESCUE BOAT RESPONSE Resident $115 Non-Residents $200 4. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 5. STAND-BY -TIME Per crew of 3 $98/hour Fire Engine - Crew of 4 $115/hour 6. ACTIVE FIREFIGHTING Fire Engine $121/hour Aerial Ladder $200/hour 7. FALSE ALARM FEE $120 for second $225 for 3 or more per quarter 8. SPRINKLER/FIRE ALARM PLANS UBC or Ice Rates* *Uniform Building Code or International Fire Code 3.0l-El ~) PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees F. PARKS AND RECREATION DEPARTMENT NON-RESIDENT FEE - BASE FEE PLUS 20% 1. FACILITY USE RENTAL RATES Facility use policies apply. Appropriate taxes are included in rates unless otherwise noted. (a) SHERIDAN COMMUNITY CENTER- ROOM RENTAL RATES (Group A) NON-COMMERCIAL - Rental Rates Recreation and/or educational purposes only. Per hour, two (2) hour minimum Daytime (Monday - Friday: 8:00 AM to 5:00 PM) Lounge Room A, B, C, or Conference Room Gym Evenings (Monday - HiGavThursday: 5:00 PM to 10:00 PM)'! S3turd3v 3nd Sund3V Lounge Room A, B, C Conference Room Gym Party Package (Lounge & Gym) Entire building - Up to eight (8) hours Additional staff (per hour) Reqular Groups (10 or more meetinqs a year reserved in advance) Friday Eveninq (5:00 PM to 10:00 PM) & Saturday and Sunday Lounqe Room A. B. C Conference Room Gym Party Package (Lounqe & Gym) Entire buildinq - Up to eiqht (8) hours Additional staff (per hour) RATE $~7.00 $5.00 $15.00 $~15.00 $1-:W10.00 $:uhOO12.00 $20.00 $2&.-0030.00 $400.00500.00 $~15.00 20% discount $20.00 $10.00 $12.00 $25.00 $40.00 $500.00 $15.00 3.01 - F1 ~ PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (Group B) COMMERCIAL - Rental Rates Recreational and/or educational purposes only. Per hour, two (2) hour minimum D~lVtime (Mond3Y Frid3V: 7:30 AM to 5:30 PM) Lounge Room A, B, C Conference Room Gym PaftyRoom Package (Lounge & Gym) Entire Building - Up to eight (8) hours Additional Staff (per hour) (b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES (Group A) NON-COMMERCIAL - Rental Rates Room Rental Fees - per hour, two (2) hour minimum Cardroom/Meeting Room Main Room Kitchen Additional staffing per hour Entire Facility up to eight (8) hours (Group B) COMMERCIAL - Rental Rates Room Rental Fees - per hour, (two) 2 hour minimum Cardroom/Meeting Room Main Room Kitchen Additional staffing per hour Entire Facility - Up to eight (8) hours ~ $25.00 $4a,.OO20.00 $20.00 $40.00 $aMG70.00 $800.00 $4O:-7a15.00 RATE $15.00 $~30.00 $10.00 $10.75 $200.00 $30.00 $W-:0O60.00 $20.00 $16.25 $400.00 3.01 - F2 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (c) JARSTAD AQUATIC CENTER (Group A) NON-COMMERCIAL - Rental Rates Private - Non-Profit Up to 50 participants Staffing 51 - 100 101-150+ Per hr each added hour Per hr Per hr Gallery Team Deep Lanes Per hr per lane Shallow Lanes Per hr per lane Staffing Per hr as needed School Lessons Up to 35 students 36 - 45 students 46 - 55 students (Group B) COMMERCIAL - Rental Rates Commercial Per hr Deep Lanes Per hr per lane Shallow Lanes Per hr per lane Staffing Per hr as needed (d) EVERGREEN PARK SHELTERS - RESERVATION FEES Four (4) hour sessions per reservation unless noted. Note: Shelter #4 is not reservable. Use of shelter #4 is on a first come/first served basis. Parties who have reserved the other Evergreen Park shelters may not use tI:Hs shelter #4 at the same time. (Group A) NON-COMMERCIAL - Rental Rates EverQreen Shelter 1 Evergreen Shelter 2, 3, 5, or 6 EverQreen Shelter 4 (not reservable) Lions Park Shelter Upper NAD Lent Landing Gazebo $5a-.OO60.00 $+G.OO12.00 $6a,.OO70.00 $+&0080.00 $&,006.00 .$3.25 $2.25 $15.00 $5a-.OO56.00 $6a,.OO68.00 $+&0080.00 $66.00 $&:-6G6.75 $4AG4.50 $15.00 RATE $3Q.,OO50.00 $.:t-e,0025.00 no charge $35.00 $.:t-e,0020.00 $.:t-e,0025.00 3.01 - F3 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (Group B) COMMERCIAL - Rental Rates Everqreen Shelter 1 Everqreen Shelter 2, 3, 5, or 6 Everqreen Shelter 4 (not reservable) Lions Park Shelter Upper NAD Lent Landing (e) PARK RESERVATION PROCESSING FEES 1\11 P3rks except Upper N/\D 3nd Lent L3ndingParks without shelters or misc. park areas (f) SPECIAL EVENTS. CELEBRATIONS. WEDDINGS Louis Mentor Boardwalk Other parks (fg) ATHLETIC FIELD - RESERVATIONS Per hour unless noted (Group A) NON-COMMERCIAL - Rental Rates (Group B) COMMERCIAL - Rental Rates Game Fee - Softball Game Fee - Soccer (gh) BLUEBERRY PARK - PEA PATCH ANNUAL RATE Recreational purposes only. 'Y2 plot (20' x 20') 1 plot (20' x 40') 1 + lot (20' x 50') (j) LIONS TENNIS COURT LIGHTS 1 token (1 hour) 6 tokens (6 hours) $w,,0o75.00 $JQ,.QQ40.00 no charge $50.00 $30.00 $30.0040.00 $.:tG-:0O25.00 $200.00 Reservation fee + $100.00 $~15.00 $24,.0030.00 $24,.0025.00 $40.00 $34.00 $18.00 $36.00 $54.00 $1.50 $7.50 3.01 - F4 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees 2. (a) PROGRAM FEES & CHARGES NEW PROGRAMS (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0-3 yrs.) Youth (4-17 yrs.) Adult (18-54 yrs.) Seniors (55 & up) Disabled Adult Fitness Senior Fitness Disabled Fitness Special Public PUNCH CARDS Youth Youth Adult Adult SeniorIDisabled SeniorlDisabled Fitness/Lesson Fitness/Lesson Senior/Disabled Fitness Senior/Disabled Fitness PASSES Youth Youth Adult Adult Senior/Disabled SeniorlDisabled SWIMMING LESSONS Youth/Adult Private Semi-Private Parent Tot Family Lessons 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch 10 punch 20 punch 6 months 12 months 6 months 12 months 6 months 12 months 30 min. 30 min. 30 min. 4 lessons RATE not to exceed cost plus 25% NC $2.50 $3.00 $2.50 $2.50 $3.00 $2.50 $2.50 $1.00 $20.00 $40.00 $24.00 $48.00 $20.00 $40.00 $24.00 $48.00 $20.00 $40.00 $108.00 $207.00 $132.00 $253.00 $108.00 $207.00 $3.50 $13.00 $20.00 $3.00 $68.00 3.01 - F5 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees ITEMS FOR SALE Basic goggles Deluxe goggles Latex cap Ear plug Nose plug New items (includes Washington State Sales Tax) $~6.00 $~14.00 $MG4.00 $~3.00 $~3.00 not to exceed cost plus 75% RATE (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $210.00250.00 Men and Women (Spring) per team $210.00250.00 Men and Co-ed Sand (Summer) per team $110.00115.00 Open Gym (Oct. - June) per person $2.00 SOCCER Player's fee per player $40.00 BASKETBALL Men's League (Fall & Winter) per team $125.00475.00 Boy's League (Winter) per team $225.00275.00 Girl's (Fall) per player $55.00 Blacktop League (Summer) no charge SOFTBALL Men's League (Spring) per team $-150.00550.00 Men's League - Players fee (Spg) per player $-1-7-:0020.00 Sunday Co-ed (Spring) per team $330.00400.00 Sunday Co-ed - Players fee (Spg) per player $~15.00 Co-ed League (Fall) per team $360.00460.00 Co-ed - Players fee (Fall) per player $13.00 Men's League (Fall) per team $360.00460.00 Men's League - Players fee (Fall) per player $13.00 3.01 - F6 PARKS RECREATION DEPT- RATE TABLE F All Rates Listed Are "NotTo Exceed" Fees TOURNAMENTS (SOFTBALL AND SOCCER) --INVITA T10NAL TOURNAMENTS Lions - One Day Lions - Two Day Lions - Three Day Pendergast - One Day Pendergast - Two Day Pendergast - Three Day -- STATE TOURNAMENTS Lions - One Day Lions - Two Day Lions - Three Day Pendergast - One Day Pendergast - Two Day Pendergast - Three Day $320.00 $-150.00500.00 $580.00700.00 $390.00 $585.00685.00 $715.00800.00 $370.00470.00 $500;00700.00 $610.00800.00 $190.00590.00 $680.00780.00 $810.00950.00 -- Regional and National Tournaments will pay no less than State fees, but rates will be negotiated 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for activities (programs, classes, events, etc.) promoted by the Sr. Citizen Center and the Recreation Division are established by the following formulas: A. Activities when the instructor is on the oavroll. [(Total class hours including preparation) x (Instructor's hourly wage) x (1.2 Administration factor)] divided by(minimum # of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident. B. Activities when the instructor is on contract. [(Price per student required by the Instructor less class supply fees) x (1.2 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. C. Non-Resident Fees For recreation classes, programs, swim passes and rentals - ranging from: $5.00 to $25.00 add on 20% $25.01 to $50.00 add a flat $5.00 $50.01 to $100.00 add a flat $10.00 $100.01 to $200.00 add a flat $20.00 $200.01 + add a flat $40.00 3.01 - F7 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (b) Fef.-SR. CENTER ACTIVITIES., .Ef)articipants pay an annual membership fee of $5.50 (residentj or $11.00 (non resident~-in lieu of the 20% non-resident rate. Couples Membership is for two people. at least one needs to be 55 or better. who reside at the same address. They will be able to purchase two resident memberships for $10 or two non-resident memberships for $20. Community Members Memberships are for Senior Livinq facilities who are interested in purchasinq a group of tickets (10. 20 or more) so their residents can check out the membership cards from them. That way more residents can participate in our programs. These rates are the normal resident and non-resident rates. The residency is based on where the Senor Livinq facility is located. Associate Memberships are for those individuals not yet 55 but still would like to participate in the proqrams. trips and classes offered at the Center. This is a qreat membership for sons and dauqhters of members or active adults who participate at the Bremerton Senior Center. The fee is $9 for residents and $15 for non-residents. Senior Citizen - City Resident annual membership Senior Citizen - Non-Resident annual membership Senior Center - City Resident Couples annual membership Senior Center - Non-Resident Couples annual membership Senior Center - City Resident Associate annual membership Senior Center - Non-Resident Associate annual membership (bf) SENIOR CENTER TRIPS 4. IVY GREEN CEMETERY - FEES AND CHARGES RATE RESIDENT (a) ADULT BURIAL Grave Site Opening/Closing Liner Oversize Liner (if required) Grave Side Service Preparation (optional) $840.00 $480.00525.00 $498.00515.00 $746.40 $146.40 (b) VETERANS PLOT Opening/Closing Liner Oversize Liner (if required) Grave Side Service Preparation (optional) $480.00525.00 $498.00515.00 $746.40 $146.10175.00 RATE $5.50 $11.00 $10.00 $20.00 $9.00 $15.00 RATE actual costs plus 825% RATE NON-RESIDENT $1,008.00 $576.00630.00 $597.60618.00 $895.68 $175.68 $576.00630.00 $597.60618.00 $895.68 $175.68210.00 3.01 - F8 PARKS RECREATION DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees Stone Marker Setting Bronze Marker Setting RATE RESIDENT $88.80 $79.20 (c) INFANT BURIAL Infant Plot in Babyland Opening/Closing Liner Grave Side Service Preparation (optional) $205.20 $319.20 $224.40 $146.10175.00 (d) DISINTERNMENT Removal & opening of new site Site Purchase Liner Removal (only) Cremaining $1,098.00 $840.00 $498.00 $722.00 $175.20 (e) ADDITIONAL BURIAL COSTS 2 hr. max. 4 hour max. $146.40 $292.80 (f) LINERS Adult Infant Cremation Vault (2 piece) Oversize Liner (if required) $-198.00515.00 $224.40 $120.00 $746.40 (g) OPENING AND CLOSING Adult Infant (Babyland) Urn Interment (per urn) $480.00525.00 $319.20 $~100.00 (h) BURIAL SITES Adult Infant (Babyland) Infant (any site not in Babyland) $840.00 $205.20 $840.00 (i) INURNMENT Cement Vault Opening/Closing Grave Side Service Preparation (optional) Second Right of Inurnment $120.00 $~120.00 $116.40175.00 $180.00200.00 (j) D1SURNMENTS Urn $175.20 RATE NON-RESIDENT $106.56 $95.04 $246.24 $383.04 $269.28 $175.68210.00 $1,317.60 $1,008.00 $597.60 $878.40 $210.24 $175.68 $351.36 $597.60618.00 $269.28 $144.00 $895.68 $576.00630.00 $383.04 $105.12120.00 $1,008.00 $246.24 $1,008.00 $144.00 $105.12144.00 $175.68210.00 $216.00240.00 $210.24 3.01 - F9 PARKS RECREATION OEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (k) RAISE GRAVE (I) MARKERS 5" x 8" bronze 4"x12"x2"x3" 8" x 16" x 2" x 3" 10" x 20" x 2" x 3" 12" x 24" x 2" x 3" 12" x 24" bronze 12" x 36" x 2" x 3" 14" x 36" x 2" x 3" plus tax plus tax plus tax plus tax plus tax plus tax plus tax plus tax RATE RESIDENT $117.60 $9&:-0070.00 $n-0076.00 $~80.00 $M.OO90.00 $00-0095.00 $00-0095.00 $132.00140.00 $132.00145.00 RATE NON-RESIDENT $141.12 $~84.00 $89AQ91.00 $w,.w96.00 $100.80108.00 $108.00114.00 $108.00114.00 $158.40168.00 $158.40174.00 5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax) (a) CASCADE COURSE RATE Weekday 18 Holes * Weekend/Holiday 18 Holes (3) Weekday 9 Holes * Weekend/Holiday 9 Holes Weekday 9 Hole Continue* Weekend/Holiday 9 Hole Continue Twilight Weekday* Twilight Weekend/Holiday League Rate** Senior 18 Holes* Junior 18 Holes* Junior Twilight Weekend/Holiday Annual Pass Single Annual Pass Couple Annual Pass Family*** Annual Pass Sr. Single** Annual Pass Sr. Couple** Semi Annual Single - first 'V2 of year Semi Annual Sinqle - second 'V2 of year Semi Annual Couple - first 'V2 of year Semi Annual Couple - second 'V2 of year Semi Annual Sr. Single** - first 'V2 of year Semi Annual Sr. Sinqle** - second 'V2 of year Semi Annual Sr~ Couple** - first 'V2 of year Semi Annual Sr. Couple** - second 'V2 of year Senior Punch Card** (2) Regular 20 Rnd Punch Card Regular 10 Rnd Punch Card 2&00$29.00 ~$39.00 ~$21.00 i24.00 &00$9.00 44-00$15.00 ~$21.00 ~$24.00 i20.00 ~$24.00 i13.00 i13.00 1,150.00$1.380.00 2,300.00$2.200.00 $2,300.002,200.00 plus $200.00190.00 per junior 950.00$910.00 1,500.00$1.435.00 725.00/775.00$690.00 $740.00 1,150.00/1,200.00$1.110.00 $1.150.00 475.00/525.00$455.00 $500.00 850.00/900.00$765.00 $815.00 190.00$180.00 '175.00$455.00 258.00$245.00 3.01 - F1 0 PARKS RECREATIQN DEPT - RATE TABLE F All Rates Listed Are "Not To Exceed" Fees Junior 10 Rnd Punch Card Low Income Sr. Punch Card** **** (2) Corporate Pass* (2) 85-,00$80.00 85-,00$80.00 2,200.00$2,105.00 Daily Private Cart Annual Cart Fee Shotgun Tournament (Not To Exceed) 18 Hole Green Fee i17.00 i140.00 w"oo$55.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday *** From June through September, juniors may only play after 11 a.m. on weekends and holidays **** Age 62 & up with household income < $18,000. RCW 71.38.070 1. A reduced rate, not less than the current twi-light rate, may be offered with the approval of the Director of Parks & Recreation 2. May be used for twilight any day of the week including Holidays 3. Saturday, Sunday or Holiday (May - September Not to Exceed Rate) (b) OLYMPIC COURSE RATE Weekday 18 Holes* Weekend/Holiday 18 Holes (2) Weekday 9 Holes* Weekend/Holiday 9 Holes Weekday 9 Hole Continue* Weekend/Holiday 9 Hole Continue Twilight Weekday* Twilight Weekend/Holiday Junior Twilight Weekend League Rate** Senior 18 Holes* Junior 18 Holes* Cascade Passes And Punch Cards Shotgun Tournament (Not To Exceed 18 Hole Green Fee) (2) ~40.00 ~55.00 ~23.00 ~33.00 ~ 17.00 ~22.00 ~22.00 ~26.00 ~20.00 ~20.00 ~~33.00 ~~23.00 ~ 10.00 ~6&OO70.00 * Monday through Thursday ** Not for Saturday, Sunday or Holiday **** Age 62 & up with household income < $18,000. RCW 71.38.070 1. A reduced rate, not less than the current twi-Iight rate, may be offered with the approval of the Parks & Recreation Director. 2. Saturday, Sunday or Holiday (May. September Not to Exceed Rate) 3.01 - F11 PUBLIC WORKS AND UTILITIES - RATE TABLE G All Rates Listed Are "Not To Exceed" Fees G. PUBLIC WORKS AND UTILITIES DEPARTMENT 1. RIGHT-OF WAY USE PERMITS FEES Type A (Short Term Use) Regular Type B (Disturbance of ROW) Sidewalk Repairs Driveway, Transverse Street Patch and Spot Patches New Curb, Gutter & Sidcw31kFrontaoe Improvements (curb. outler. sidewalk. illumination. etc. ); Longitudinal Street Patch New Street Water & Sewer Mains & Laterals {ROW Permit} Type C (Long Term Use) Application and Processing Use longer than one year Use shorter than one year Type D Regular (Franchised Utility Routine Maintenance) Plan Reviews Additional Work 2. RIGHT-OF-WAY VACATION 3. TELECOM MASTER PERMIT FEE 4. TELECOM LICENSE FEE RATE $-MG150.00 $50.00 $-MG150.00 $.t3.00/ft with a $44G150.00 minimum $J5.00/ft with a $600 minimum $W150.00 $100.00 1/10 adjoining land value set in the County Assessor's records per square foot of impacted ROW annually with a $100 minimum. 1/50 adjoining land value set in the County Assessor's records per square foot of impacted ROW monthly with a $100 minimum. $100.00 $MOO.20/foot of improvement with $100 minimum $40.00/hour + equipment charges $M7550.00 $500.00/one time $200.00/one time 3.01 - G1 Paula Johnston, City Clerk Financial Services OJ , \~' - ~. November 14, 2005 To: City Council Members ~r:." // 1\ .V From: Paula Johhston, City Clerk l ! Re: Changes in Animal License Fees for 2006 - Rate Schedule D in BMC 3.01 Paula.Johnston@ci.bremerton.wa.us Tel .36()"'473-5323 Fax 36Q..473-5200. 345 Sixth~treet, Suite 600 6remert()n, WA 98337 Staff is forwarding the recommendation of the Animal Control Review Committee to increase some of the animal license fees for 2006 to match the current rates charged in Kitsap County and to offer senior citizens a discounted option of buying a permanent license for the lifetime of a particular pet. Proposed rate changes are: Altered Cat Altered Dog Unaltered Cat Unaltered Dog Senior Permanent Dog or Cat 2005 Rate Proposed 2006 Rate $ 7.50 12.00 36.00 36.00 $ 7.50 12.50 37.50 37.50 12.50 m~...~...... ~. BREMERTON FIRE DEPARTMENT Allison Duke II', Fire Chief aduke@ci.bremerton.wa.us To: City Council Members From: Fire Chief Duke Subject: Ambulance Rates - 2006 Below is a table comparing the different ambulance rates throught out Kitsap County excluding private ambulance companies. The rates below are the 2005 rates that are effective now, it does not take into consideration any rate increases that their entities might be imposing. AMBULANCE TRANSPORT FEES COMPARISION AGENCY Basic Life Advanced Life Advanced Life Per Mile Other .' . Support Support (ALS - Support (ALS - , 4 ." (BLS) 1) 2) Charge ' Charges Central Kitsap $450.00 $500.00 $550.00 $7.00 None Ci,.", R- I II~ ':..i\ Rescue Poulsbo $350.00 $500.00 $550.00 $10.00 Oxygen -$35 IV -$30 C-Collar-$25 I South Kitsap $350.00 $450.00 $8.00 None I North Kitsap $350.00 $550.00 $10.00 None I Average $375.00 $500.00 $550.00 $8.75 Bremerton $360 Res $7.00 None $420 NR $7.00 None $425 - Res $7.00 None $490 - NR $7.00 None . Page 2 November 9, 2005 Proposed Increase (70) (17) (1247) (383) (35) $375 Resident $450 Non $1,047 $243 $450 Resident $550 -Non $13,927 $10,368 $550 All $2,902 $9.00 $5,395 TOTAL INCREASE $33,882 The table above represents the increase amount of revenue generated from the increase of fees. The numbers on the left represent the estimated number of patients seen in that category, such as (70) is the number of BLS residents that will be seen in 2005. As you will see the vast majority of patients will be ALS patients of which 76% will be residents. I thank you for your time and consideration into this matter. ........m~....... ~ , .-- -, - " - ',' ~ -, ' Bremerton Parks & Recreation Ken Mickelsen Director, Parks & Recreation MEMORANDUM November 8, 2005 TO: Bremerton City Council FROM: Ken Mickelsen, Director RE: Changes in Parks and Revenue Fees for 2006 The Parks & Recreation Department reviewed the fees and charges for 2006. We have increased the "not-to~exceed" limits in order to be able to increase rates, if necessary, in 2006. The increased demands and expense to provide services were taken into consideration when increasing fees. Fee changes are in the areas of facility rentals, athletic programs, cemetery services and golf course. 'm"""'.".";;;;;'..;;c;;';.'.';\. !, I ; " ., , ; -~ ...........'.... ...'..... ;.; C f; ~ j ;", _. __,"'_" " .k ~~"~""- MEMO TO: City Council FROM: Michael Mecham, City Engineer ~</~L- 11/15/2005 DATE: RE: Public Works and Utilities Department Right of Way Fees The Department of Public Works and Utilities is proposing increasing some of the Right-of-Way permit fees in Table G. The fees in Table G deal with work in the Right-of- Way. It is necessary for the City to issue permits and inspect construction to insure the public infrastructure within the Right of Way is designed and constructed to an acceptable standard. All fee increases are based upon an increased cost in doing plan reviews, processing permits and inspection of construction. Most fees are based on CPI increase rounded to the even number of dollars. mm/Is 25433 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Jim Svensson, Development Manager Date: November 14,2005 Re: Proposed DCD Fee Changes This memorandum addresses fee changes reflected in a revised version of "Rate Table G" which has been distributed to you previously. A copy of the revisions, indicated in the "underline/strike out" format, is attached. The majority of the proposed DCD fee changes reflect modifications to land use procedures and terminology reflected in the proposed zoning code that will be before Council for action in late November. . There are, however, several that are not. No fee increases are being proposed at this time. The fee modifications are summarized and explained below, in the order that they appear on the revised Rate Table C: (#2) Shoreline Exemption - This fee is reduced by half, based upon a more accurate estimate of staff time typically involved and cost recovery. (#4) Site Plan Review - This is an editorial change, as this item is being removed from this portion of the rate table and being inserted (with the same fees) under the more appropriate "Zoning Ordinance" category. (Old #4) Appeal to Hearing Examiner - Format change. The "to Hearing Examiner" line has been moved to the same line as the word "Appeal." No fee change. (New #7) Plan Review Fee - The underlined language is being added to allow for the waiving of half of the Plan Review Fee under certain circumstances. (New #11) Residential Cluster Development - The term "Planned Unit Development" will no longer exist in the new Zoning Code. It is essentially being replaced by the "Residential Cluster Development", which has been substituted in its place. The reference to commercial and industrial PUDs is no longer applicable and should be eliminated. The fee remains the same. (New #11) Conditional Use Permit - In the new code, the term "Special Use Perm if' is replaced with the more appropriate term, "Conditional Use Permit," as this type of permit is granted with conditions rather than as a special privilege. There is no fee change with this revision to terminology. 1 MEMORANDUM -- Proposed DCD Fee Changes -- November 8, 2005 (New # 11) Zoning Verification Letter - This term will no longer be utilized for legal reasons related to the Public Duty Doctrine. The term and related fee are proposed to be deleted. (New #13) Site Plan Review - This category and fee were removed from page 1 and inserted here, as this is a "Zoning Ordinance" category. No change in fee. (New #14) Site Development Permit - This is a new permit intended to be applied prior to construction or actual site work being undertaken. This procedure was developed in order to improve the communication between the developer and the City at this critical phase of the development process involving commercial, industrial, and residential developments involving five or more units. The proposed fee is $500, which will be waived if the application is submitted concurrently with the Site Plan Review application. It is hoped that the above will help explain the proposed changes to Rate Table C and put them in perspective. If you should have any questions, feel free to contact me at 5297. Enclosure: Revised RateTable C . Page 2 DATE SUBMITTED: 11/17/05 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~'I( ~05-d-7S- '8 ............................................................................................ SUBJECT: Approval of Ordinance No. ,fq5 (0 adopting 2006 Utility Rates and General Facilities Charges and Amending BMC Chapter 15.06 Committee Meeting Date: PW &U Committee COUNCIL MEETING Date: 11-30-05 Department: Public Works & Utilities Presenter: Phil Williams Phone: 5755 SUMMARY: The City hired an independent rate consultant in 2004 to conduct a complete rate analysis and Cost of Service Study (COSA). That effort resulted in a three-year recommended package of rate adjustments for the City's three utilities. The fIrst of those adjustments was effective on November 1,2004. After updating and confIrming the revenue requirements in October, 2005 the second phase of this three-year plan is now required to meet the utilities needs for O&M and capital and comply with changing state and federal regulations. The overall revenue growth is 15% for Water, 14% for wastewater, and 25% for Stormwater. The rate design being recommended for Wastewater is identical to that used in 2004 but is at 14% which combines the 2005 and 2006 increases recommended in the rate study. Water rates have all been adjusted by the 15% overall recommendation. Stormwater is also adjusted by an even 25%. A TT ACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount): The proposed rate increases are built into the proposed 2006 Budget. Changes to these proposed rates will require updating the current version of the proposed 2006 Budget set for fInal hearing 'im December 7,2005. ---- APPROV ALS:/ ..-/"f. DEP ARTMENT DIRECTOR:\,~ ~")A CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: e L';/ ---r ~ --, I-I-e.a rA a:t f AJI<k 141 ;/lP-I/L 1~fi.5' H~ rJ af' Cnw."",,'-If-'-v;- 1~6"' y~-- ~ RECOMMENDED MOTION: Move to pass Ordinance o. fc{S& adopting new utility rates and General Facilities charges effective on January 1, 2006 and amending Bremerton Municipal Code Chapter 15.06. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. -.115' G AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Appendix A of Section 15.06.015 of the Bremerton Municipal Code relating to assessments, rates, fees, and charges for municipal water, wastewater, and storrnwater services establishing new rates for all categories to implement a 15% overall revenue increase in water, a 14% overall revenue increase in Wastewater, and a 25% overall revenue increase in Storrnwater. In addition, General Facilities charges are increased 2.99% according to the Seattle Construction Index and BMC 15.06.010(b). WHEREAS, the City Council desires to amend the rates, fees, and charges set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code (BMC) in order to implement the second phase of the planned utility revenue enhancements adopted in 2004; and WHEREAS, the City Council desires to increase General Facilities charges using the Seattle Construction Index in accordance with BMC 15.06.01O(b); NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Appendix A of Section 15.06.015 of the Bremerton Municipal Code is hereby amended to read as stated in Exhibit A attached hereto, and incorporated herein by reference, establishing new rates for all categories for 2006. SECTION 2. Section 1 of this Ordinance shall be effective January 1, 2006. The rates currently in effect as set forth in Appendix A of Section 15.06.015 on the date of adoption of this Ordinance shall remain in effect until January 1, 2006. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the day of , 2005 DAREN NYGREN, Council President 2006 Utility Rates Approved this day of , 2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2005 ,2005 R:\LEGAL\Ordinances\Public Works & Utilities\2006 Rate Ordinance. doc 2006 Utility Rates J Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE NOVEMBER 1, 2994 JANUARY 1, 2006 Within City Limits lOO4 Outside City Limits W04 GENERAL FACILITY CHARGES Water (per Meter Size) 5/8" x 3/4" 1" I II2" $ 2,300.00 $ 2.369.00 $ 2,300.00 $ 2.369.00 $ 5,750.00 $ 5.922.00 $ 5,750.00 $ 5.922.00 $ 11,500.00 $ 11.844.00 $ 11,500.00 $ 11.844.00 $ 18, 100.00 $ 18.950.00 $ 18, 100.00 $ 18,950.00 Calculated based on usage Calculated based on usage $ 3,482.00 $ 3.586.00 $ 3,182.00 $ 3.586.00 $ 933.00 $ 961. 00 $ 933.00 $ 961.00 2" Greater than 2" Wastewater (per ERU) StOlID water (per ISU) CONNECTION/INSPECTION FEES Water Connection Fees 5/8" x 3/4" I" $ 1,715.00 $ 2,572.50 $ 1,848.00 $ 2,772.00 $ 2,899.00 $ 4,348.50 $ 3,682.00 $ 5,523.00 Actual Time & Materials 150% of Actual Time & Materials $ l.l0 $ 1.65 $ 410.00 $ 615.00 $ 540.00 $ 810.00 $ 45.00 $ 67.50 $ 45.00 $ 67.50 $ 270.00 $ 405.00 $ 1.50 $ 2.25 $ 325.00 $ 487.50 $ 540.00 $ 810.00 $ 45.00 $ 67.50 1 1/2" 2" Greater than 2" Field Inspection Fees Water main extensions (per foot) but not less than: Pump Station Miscellaneous (per hour) Wastewater Connection Fees Lateral Connection at PIL Lateral Connection at Main Conveyance Facility Ext. (Per Foot) but not less than: Pump Station Miscellaneous (per hour) 1 of 8 I ! Within Outside City Limits ~ City Limits W(}4 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $ 8.02 $ 9.22 $ 12.03 $ 13.83 linch $ 9.17 $ 10.55 $ 13.76 $ 15.83 1 1/2 inch $ 13.03 $ 14.98 $ 19.55 $ 22.47 2 inch $ 17.50 $ 20.13 $ 26.25 $ 30.20 3 inch $ 33.22 $ 38.20 $ 19.83 $ 57.30 4 inch $ 61.82 $ 71.09 $ 92.73 $ 106.64 6 inch $ 219.39 $ 252.30 $ 329.09 $ 378.45 8 inch $ 800.69 $ 920.79 $ 1,201.04 $ 1,381.19 10 inch $ 2,858.72 $ 3,287.53 $ 1,288.08 $ 4,931.30 12 inch $ 10,719.19 $ 12,361.91 $ 16,121.24 $ 18,542.87 Residential Commodity Charge (per HCF) o - 10 HCF /Month $ 0.87 $ 1.00 $ 1.31 $ 1.50 Over 10 HCF/Month $ 0.97 $ 1.12 $ 1.46 $ 1.68 Non - Residential Commodity Charge (per HCF) $ 0.94 $ 1.08 $ 1.41 $ 1.62 Fire Protection - Monthly Service Charge Service Size 1 inch $ 13.67 $ 15.72 $ 15.83 $ 23.58 1 1/2 inch $ 20.57 $ 23.66 $ 23.69 $ 35.49 2 inch $ 26.75 $ 30.76 $ 30.83 $ 46.14 3 inch $ 29.17 $ 33.89 $ 31.00 $ 50.83 4 inch $ 32.12 $ 36.94 $ 37.01 $ 55.41 6 inch $ 40.08 $ 46.10 $ 16.30 $ 69.15 8 inch $ 53.36 $ 61.36 $ 61.57 $ 92.04 10 inch $ 71.79 $ 86.01 $ 86.33 $ 129.02 12 inch $ 106.91 $ 122.95 $ 123.31 $ 184.43 Commodity Charge (per HCF) $ 1.88 $ 2.16 $ 2.30 $ 3.24 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $ 8.02 $ 9.22 $ 12.03 $ 13.83 Commodity Charge 0- 5 HCF/Month No Charge No Charge 5 - 10 HCF/Month $ 0.87 $ 1.00 $ 1.31 $ 1.50 Over 10 HCF/Month $ 0.97 $ 1.12 $ l.'I6 $ 1.68 Temporary/Construction Meter 1" Meter Deposit $ 105.00 $ 105.00 Base Fee (per month) $ 9.17 $ 13.76 Set Up Fee $ 90.00 $ 90.00 Hydrant meter (3" Meter) Deposit $ 510.00 $ 510.00 Base Fee (per month) $ 33.22 $ 49.83 Set Up Fee $ 90.00 $ 90.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $ 0.91 $ 1.08 $ 1.41 $ 1.62 2 of 8 RETAIL WATER SERVICE RATES (cont'd) City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) Within City Limits ~ $ 0.48 $ 3 of 8 Outside City Limits ~ 0.55 ., Within Outside City Limits 1004 City Limits ~ RETAIL W ASTEW A TER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $ 11.81 $ 18.12 $ 13.58 $ 20.84 Commodity Charge (per HCF) $ 3.68 $ 4.24 Duplex on 1 Meter or 2 Bldgs on 1 Meter Base Charge (per unit) $ 9.39 $ 14.37 $ 10.82 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Multi - Family Base Charge (per unit) $ 9.39 $ 14.37 $ 10.82 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Commercial I Base Charge (per account) $ 17.51 $ 26.79 $ 20.16 $ 30.81 Commodity Charge (per HCF) $ 3.78 $ 4.34 Commercial II Base Charge (per account) $ 17.82 $ 27.26 $ 20.52 $ 31.35 Commodity Charge (per HCF) $ 5.92 $ 6.81 Commercial III Base Charge (per account) $ 17.66 $ 27.02 $ 20.32 $ 31.07 Commodity Charge (per HCF) $ 4.85 $ 5.57 Low-Income Senior and Low-Income Disabled Citizen , Base Charge (per account) $ 7.35 $ 11.25 $ 8.17 $ 12.94 Commodity Charge (per HCF) 0- 5 HCFIMonth No charge No charge Over 5 HCF/Month $ 3.68 $ 4.24 Septage Disposal (Per Gallon of Tank Capacity) $ 0.15 $ 0.20 $ 0.15 $ 0.20 4 of 8 Within City Limits 1004 Outside City Limits 1004 RETAIL STORMW A TER RATES Monthly Service Charge Single Family I Duplex Base Charge (per account) Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) Water Quantity (per ISU) $ 5.97 $ 7.45 N/A $ 2.99 $ 3.75 N/A $ 5.97 $ 7.45 N/A $ 5.97 $ 7.45 N/A $ 5.97 $ 7.45 N/A $ 3.65 $ 4.55 N/A $ 0.66 $ ..0.83 N/A $ 1.99 $ 2.49 N/A Exception: Duplex with 2 Meters (per account) Multi - Family Base Charge (per ISU) Commercial Base Charge (per ISU) Public School Districts (per account) Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) Storm water Penalty New Multi - Family & Commercial development without on-site detention Charge (per ISU) $ 1.33 $ 1.66 N/A IMPROPER STORMW A TER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE BAI.E May 1,2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Property May 1,2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Storm water Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451). 5 of 8 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee (non-refundable) Office Services New Account (includes water turn-on) Account Maintenance Past Due Notice Lien Recovery Charge Duplicate Bill Charge Close Account/Meter Read/Water Service Turn- off Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch Concrete Patch Asphalt Trench Concrete Trench County Road Permit ~ Within City Limits ~ Outside City Limits ~ $ $ 30.00 30.00 $ 20.00 $ 20.00 $ 5.00 $ 5.00 $ 2.50 $ 2.50 $ 100.00 $ 100.00 $ 1.00 $ 1.00 $ 20.00 $ 20.00 $ 694.00 $ 894.00 $ 817.00 $ 2,348.00 N/A $ 1,041.00 $ 1,341.00 $ 1,225.50 $ 3,522.00 Cost Wet Tapping (Water Main Only)* 8" and smaller - excl excavation & backfill $ 2,852.00 8" and smaller - service to property line $ 5,746.00 Greater than 8" x 8" Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant Installation* Water Meter Reinstallation 3/4" & 1" 1-1/2" & 2" 3" and greater Water Meter Reactivation Water Meter Tampering Tampering Removal Tampering Reinstallation Cross-Connection Control Inspection Fire Service - Detector, Meter & MXU Storz Adapter $ 4,278.00 $ 8,619.00 150% of Actual Time & Materials Actual Time & Materials 150% of Actual Time & Materials $ 68.00 $ 68.00 $ 108.00 $ 108.00 Actual Time & Materials Actual Time & Materials $ 48.00 $ 48.00 $ 173.00 $ 173.00 Actual Time & Materials Actual Time & Materials $ 45.00 $ 45.00 $ 397.75 $ 397.75 $ 236.00 $ 236.00 6 of 8 MISCELLANEOUS (cont'd) Water Service Tum-off/Turn-on (Customer Request) Regular Hours After Hours Delinquency Notice Water Service Tum-off/Turn-on (Delinquent Accounts) Regular Hours After Hours Flow and Pressure Test (Uncertified) 3/4" & I" meters only 1-1/2" & 2" meters only Larger than 2" Utility Plant Locates Regular Hours After Hours Emergency Meter Test Fee (based on meter size) 3/4" & 1" 1-1/2" & 2" 3" or greater Engineering Services* Plan Check Fees Main Extensions: per foot BUT not less than (Includes hydrants and appurtenances and connection to water system) Pump Stations Fireline Extension Irrigation Systems System Connections Miscellaneous (per hour) Within City Limits ~ Outside City Limits 1004 $ $ 20.00 150.00 $ $ 20.00 150.00 $ 10.00 $ 10.00 $ 45.00 $ 45.00 $ 150.00 $ 150.00 $ 48.00 $ 48.00 $ 87.00 $ 87.00 Actual Time & Materials Actual Time & Materials N/C N/C $ 150.00 $ 150.00 N/C N/C $ 108.00 $ 108.00 $ 148.00 $ 148.00 Actual Time & Materials Actual Time & Materials $ $ 0.25 214.00 $ $ 0.38 321.00 $ 536.00 $ 804.00 $ 86.00 $ 129.00 $ 86.00 $ 129.00 $ 86.00 $ 129.00 $ 45.00 $ 67.50 * Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). 7 of 8 Within City Limits ~ Outside City Limits ~ MISCELLANEOUS (cont'd) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development Non-Residential Development Plus per ISU Final Detailed Drainage Plans Residential Development (per lot) o - 20 Lots 21 - 50 Lots 51 - 100 Lots 100+ Lots Minimum Charge Non-Residential Development per ISU Minimum Charge Resubmittal Fees First Resubmittal Subsequent Resubmittal $ $ $ 332.00 230.00 10.00 N/A N/A Storm Drainage Inspection Fees ** Residential Development (per lot) Non-Residential Development (per ISU) Minimum Charge Conveyance Facility Extensions (per foot) Minimum Charge Unscheduled Inspections* (per site visit) $ 36.00 $ 26.00 $ 23.00 $ 20.00 $ 255.00 $ 20.00 $ 306.00 No Charge $ 255.00 $ 15.00 $ 15.00 $ 153.00 $ 0.80 $ 306.00 $ 45.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *(Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. 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Z' f(e:t1;E 7~12, t '16,'/ M {:: tA [7 tt/' 11-1-,51;", !--i ,LA / t,\ , . }<€lT '-f2.;{J . (k:::O 12. U.5, Lt/ll() f.jt/~t(,/ 14/€ eAlt1&b'tftt/ be. I ~~6 g)0f2 i~' n \1. edit. ( ~+d'( ,-S~/;()(e It, M<.f&~J- if Yv~v'fJ /cY . . Y'*,_I) ,t-;t', ~ C~ 't (if' .I... // / J)/YL.t:t'2/~:~:Z,--- ,<;,.{) /-~ ~.t::",... i/' /v' '. . From: To: Date: Subject: "Jona Reynolds" <JReynold@starbucks.com> <citycouncil@ci.bremerton.wa.us> Wed, Nov 30, 2005 6:36 AM utility rate raise Please don't raise rates again. Jona Reynolds jonareynolds@comcast.net "....the curious incident of the dog in the nighttime." "the dog did nothing in the nighttime' "that was the curious incident," remarked Sherlock Holmes. The memoirs of Sherlock Holmes