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HomeMy WebLinkAbout4187 ORDINANCE NO. 4187 AN ORDINANCE CREATING A DOWNTOWN WATERFRONT URBAN RENEWAL DISTRICT PROJECT AREA IN WHICH URBAN RENEWAL TECHNIQUES AND POWERS ARE AUTHORIZED; ESTABLISHING A DESIGN REVIEW OVERLAY DISTRICT WITHIN WHICH CERTAIN PLAN PROVISIONS APPLY; ESTABLISHING URBAN RENEWAL POLICIES AND PROJECT AREA GOALS AND OBJECTIVES; DESIGNATING LAND/WATER USE AREAS; ESTABLISHING A DESIGN REVIEW BOARD; PRESCRIBING DEVELOPMENT CONTROLS; DESIGNATING PROPERTIES SUBJECT TO ACQUISITION; PRESCRIBING PROPERTY REHABILITATION STANDANDS; DESIGNATING PROPERTIES FOR PROJECT IMPROVEMENTS; ESTABLISHING AN IMPLEMENTATION PROGRAM; ESTABLISHING PROCEDURES FOR MODIFYING THE PLAN; AND AMENDING BREMERTON ZONING ORDINANCE NO. 4172 ACCORDINGLY. WHEREAS, the City Council of the City of Bremerton did in 1977 pass Resolution #1730 finding and concluding certain areas of the City to be a blighted area; and WHEREAS, the City Council of the City of Bremerton did in 1986 pass Resolution #2117 confirming and reaffirming Resolution #1730 and directing the Mayor and his staff to prepare an urban renewal plan and project for that area bound by Washington Street on the west, the Outer Harbor line on Sinclair Inlet on the east, Puget Sound Naval Shipyard on the south, and the northerly line of Fifth Street extended easterly as a "Blighted Area" as described in RCW Chapter 35.80: and WHEREAS, the 1986 Economics Research Associates Market Research Report on the Downtown Waterfront Urban Renewal Project Area, concluded that substantial space devoted to open space, parks, plazas and amenities, and a high level or coordinanted public and private action and a strategy for implementation with joint financing of specific actions would be required to develop a setting that would attract businesses and residents from regional markets; and WHEREAS, the Bremerton Department of Community Development issued a Discussion Draft of the Downtown Waterfront Urban Renewal Plan in July 1987; and WHEREAS, the Bremerton Department of Community Development issued a Final Environmental Impact Statement (EIS) on the Draft Downtown Waterfront Urban'Renewal Plan on March 24, 1988, in accordance with the State Environmental Policy Act of 1971 as amended; and WHEREAS, the Bremerton Planning Commission held two public hearings on the proposed Urban Renewal Plan during March, 1988, and recommended approval of the Plan in May 1988; and WHEREAS, the City Council of the City of Bremerton held several duly advertised study meetings and two public hearings on the proposed plan between October and December 1988; and WHEREAS, notice was given for the City Council public hearing of December 28, 1988 pursuant with the notice requirements of the State Urban Renewal Statute RCW 35.81.060(2)-(6); and WHEREAS, the proposed Plan is consistent with the Urban Renewal Statute [RCW 35.81.060(4)] requirements for approval of an urban renewal project as follows: 1. A workable and feasible plan exists for making available adequate housing for the persons who may be displaced by the project, whereby the proposed Plan provides for development of a Project Area Relocation Plan, and for compliance with the City of Bremerton Displacement Plan For Community Development Block Grant (CDBG), if acquisition of property is commenced prior to development of a Project Area Relocation Plan; and 2. The proposed urban renewal plan conforms to the adopted Bremerton Comprehensive Plan, whereby the adopted Bremerton Comprehensive Plan calls for redevelopment of the downtown waterfront to create a focal point of the downtown and an improved image of the City; and 3. The proposed urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise, whereby the proposed Plan: provides for a two-year period before acquisition of non-compliant properties; and provides for acquisition only if owners do not choose to comply with the Plan; and 4. A sound and adequate financial program exists for the financing of said project, whereby the proposed Plan provides for: targeting of CDBG and other available grant/loan programs as a priority for construction of public facilities within the Project Area; for development of a sound financial program to finance acquisition and redevelopment during Project Implementation Phase I; and for initiating the Phase II Acquisiton and Development phase only after such program is in place; and 5. The urban renewal project area is a blighted area as defined in RCW 35.81.010(2); whereby the City of Bremerton caused to be prepared An Evlaution of Blight Conditions Report on the downtown waterfront area west of Washington Avenue between the Puget Sound Naval Shipyard and the Manette Bridge by William B. Reems, C.C.I.M., C.R.B., C.R.S., Senior Certified Appraiser, in January 1984 and an update of that report in December 1988, finding the area in question to be in a state of "blight"; now therefore THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: That the document attached hereto as Exhibit "A" and entitled "Downtown Waterfront Urban Renewal Plan" is incorporated herein and hereby adopted, to become effective ten (10) days from the date of passage of this Ordinance. SECTION 2: That the Department of Community Development is directed to commence developing the Implementation Phase I Project Report immediately, and to present such report to the City Council no later than July 1, 1989. APPROVED on the first reading this (~¢ day of ~%~_ 72~- , 1989. _ PASSED on secokd~eading b~ the Bremerton City Council, this / O day of .~LL~J~_~.t/~FtC:v~ , 1989. ~~G, PCsident '.~ ~ ~ / , 1989. ! ~TTEST: KATHLEEN L. McCLUSKEY City Clerk PUBLICAT!ON ORDINANCE Citsr of Brcmcrto~l, DOWNTOWN WATERFRONT URBAN RENEWAL CITY COUNCIL PLAN A1 Colvin District #1 Morrie Dawkins District #2 Hank Waibel District #3 Lon Overson District #4 Shirley Crutcher District #5 Lynn Horton District #6 C.R. "Tiny" Collins District #7 Spencer Homing, District #8 Russ Johnson, District #9 PLANNING COMMISSION Guy Beckett; Chairperson Robert Schneidler; vice-chairperson Billie Eder Mary Fields Burr Gegner Clem Modisette Robert Moore Virginia Okerman Alice Stenhjem DEPARTMENT OF COMMUNITY DEVELOPMENT Donald L. Pratt; Director Kay W. Wilson, Senior Planner; Project Manager Bonnie Krause, office Assistant Technical Advisory Committee Ron Hough; Manager, Long-range Planning Edward F. Davis AICP; Manager, Current Planning Jack Maher; Waterfront Development Manager Richard L. Mason; Community Development Manager David Baker; City Engineer CITY OF BREMERTONt WASHINGTON Effective March 2, 1989 ASSISTANCE The preparation of this report was financially aided through a grant from the Washington State Department of Ecology with funds obtained from the National Oceanic and Atmospheric Administration, and appropriated for Section 306b of the Coastal Zone Management Act of 1972. CONTENTS I. INTRODUCTION I-1 A. SUMYLARY I-1 B. DEFINITIONS I-3 II. DESCRIPTION OF PROJECT II-1 A. PROJECT BOUNDARIES II-1 B. PROJECT GOALS II-1 C. URBAN DESIGN OBJECTIVES II-4 D. URBAN RENEWAL POLICIES II-4 E. URBAN RENEWAL TECHNIQUES II-5 III. LAND/WATER USE PLaN III-1 SECTION ONE - LAND/WATER USE PLAN MAP . III-1 SECTION TWO - DEVELOPMENT CONTROLS III-1 A. PROJECT CONTROLS III-1 1. DESIGN REVIEW BOARD (DRB) III-1 2. PROPERTY REHABILITATION STANDARDS III-3 B. COORDINATION WITH ZONING/SHORELINE CONTROLS III-3 C. COORDINATION WITH OTHER APPLICABLE CONTROLS III-3 D. PROJECT REPORT III-4 E. LAND/WATER USES III-5 F. LAND/WATER AREA CONTROLS III-9 1. COPIMERCIAL/RESIDENTIAL/TOURIST AREA CONTROLS III-9 2. FERRY TERMINAL AREA CONTROLS (FT) III-14 3. MARINA/NORTH AREA CONTROLS (MN) III-19 4. MARINA/SOUTH AP~EA CONTROLS (MS) III-21 5. PATHWAY-PARKAREA CONTROLS (PP) III-24 6. THOROUGHFARE AND RIGHT-OF-WAY CONTROLS (TR) III-26 G. ADDITIONAL CONTROLS . III-31 1. Design Guidelines and Theme III-31 2. Height Limits III-31 3. Landscaping III-3t 4. Loading III-32 5. Parking III-32 6. Public Art III-3~ 7. Roof 8. Securit~III-36III-36 9. Signs III-36 10. Variances (hardship) III-36 11. View Corridors III-37 H. DURATION AND APPLICABILIT] OF CONTROLS III-39 i IV. PROJECT PROPOSALS IV-1 A. LAND ACQUISITION IV-1 B. REHABILITATION IV-2 C. REDEVELOPER'S OBLIGATIONS IV-3 D. UNDERGROUND UTILITY LINES IV-4 E. TEMPORARY PROJECT IMPROVEMENT AND FACILITIES IV-4 F. PROJECT IMPROVEMENTS IV-4 1. Washington Avenue IV-4 2. First Street IV-4 3. Gateway Park IV-4 4. Second Street, _ _ . IV-5 5. Second Street vieWing Platfor~ IV-5 6. Fourth Street IV-5 7. Fourth Street Beach Access Tower IV-5 8. Pathway-Park IV-5 9. Marina . . . IV-5 10. Fishing Pier. IV-5 11. Multi-model Ferry Te~i~a~ IV-5 12. First Street Dock IV-6 13-'Landscaping. · ! · IV-6 14. Non-glare Lighting IV-6 15. Emergency Services Communication S ,stem IV-6 16. Utilities IV-6 V. OTHER PROVISIONS V-1 A. TEMPORARY USE OF ACQUIRED LAND OR BUILDINGS V-1 B. EQUALITY OF OPPORTUNITY V-1 C. TRANSFERS OF FUNDS V-1 VI. IMPLEMENTATION VI-1 A. PHASE I - PROGRAM PLANNING VI-1 1. Development Action Plan VI-1 2 Development Action Schedule VI-1 3 Development Incentives Program VI-2 4 Parking and Circulation Plan VI-2 5 Design Guidelines VI-2 6 Public Art Program VI-2 7 Financial Program VI-2 8 Relocation Plan VI-3 B. PHASE II - ACQUISITION AND DEVELOPMENT VI-4 1. Initiation of Phase II VI-4 ~ 2. Schedule VI-4 VII. PROCEDURES FOR CHANGES IN THE APPROVED PLaN . VII-1 A. LIMITS TO PLAN MODIFICATIONS VII-1 B. PLAN MODIFICATION PROCESS VII-1 ii VIII. EXHIBITS VIII-1 A - General Location VIII-2 B - Boundary Map VIII-3 C - Existing Development VIII-4 D - Land/Water Use Plan VIII-5 E - Design Concepts VIII-6 F - Land Acquisition VIII-7 G - Zoning Ordinance Amendment VIII-8 IX. ATTACHMENTS IX-1 1 - Property Rehabilitation Standards IX-2 2 - Proposed Arterial Element (Excerpt) IX-4 3 Bibliography ....... IX-7 4 - Proposed Finance Program IX-8 5 - Displacement Plan for CDBG IX-10 6 - "Ultimate" Ferry Terminal_ ......_ IX-12 7 - Proposed Waterfront Development Guideplan ...... IX-13 8 - Urban Renewal Law IX-15 9 - Downtown Waterfront Urban Renewal Plan Ordinance IX-20 iii I. INTRODUCTION A. SUMMARY 1. Location The Downtown Bremerton Waterfront Urban Renewal Project Area is located between the Puget Sound Naval Shipyard (PSNS) on the south, the Bremerton Central Business District (CBD) on the west, and the Port Washington Narrows on the east. The northern boundary is marked by a change in character at Fifth Street, where the multilevel City parking garage visually separates the area from the rest of the CBD. This 45 acre site includes 12 upland acres (including 4 acres in streets) and 33 underwater acres between the shoreline and the Outer Harbor Line. The Washington State Ferry Terminal, Port of Bremerton First Street Dock, and the small Port Orchard "foot-ferry" dock are all located in the southern part of this underwater area. 2. Topography The land slopes gently downhill to the east from the western Project boundary along the west side of Washington Avenue toward the shoreline. The waterfront gradually transitions from iow bank at the south boundary to moderately high bluff on the north boundary. 3. Existing Conditions The existing uses in the Project Area are mostly distinguished by a lack of responsiveness to the waterfront. Except for the ferry and dock facilities, the only water-oriented uses are two restaurants that feature shoreline views. The predominant use of the land area is parking, most of which is in undeveloped dirt surface lots. Several old buildings in various states of disrepair also dominate the Project Area and tend to overshadow a few notable building remodels that hint of the potential offered by the site. I - I This potential has been recognized for years, and yet the site remains blighted, a scar on the City. The reasons are complex. The sad condition of the Area is the compounded result of antiquated platting, poor access into the CBD/Waterfront area, surges of traffic flow with the arrivals and departures of ferries, and a lack of innovation and risk-taking by property owners. This tendency of some owners to hold back, to avoid risks, may have been at least in part due to a recognition that no one development could turn the area around by itself. 4. Plan Contents This Urban Renewal Plan establishes development, land/water use, building, and other controls in the Project Area. The Plan contains a Land/Water Use Plan which designates Land/Water Use Areas consistent with the policies of the Bremerton Comprehensive Plan. The Land/Water Use Plan establishes planning criteria, permitted uses, building controls and special controls where applicable for each Land/Water Use Area. General requirements related to landscaping, roofs, parking, off-street loading, access, signs, view corridors, and variances are specified under Additional Controls. Property Rehabilitation Standards, Attachment 1, sets forth the standards which must be met in rehabilitating any structure in the Project Area. 5. Implementatlon This Urban Renewal Plan assumes that implementation strategies will be designed to ensure that redevelopment is phased to minimize disruption within the Project Area. The overriding intent of the City is to work cooperatively with property owners to bring about orderly redevelopment in a timely manner. The City will resort to condemnation procedures only if owners do not choose to develop or rehabilitate I - 2 their property in conformance with the Urban Renewal Plan. This Plan provides the framework for accomplishing the urban renewal objectives of developing the downtown waterfront into a vital, attractive, people-oriented place -- a place that will take advantage of its unique setting, create a positive image of the City, draw visitors from around Puget Sound, and be a source of community pride. B. DEFINITIONS The following terms wherever used or referred to in this Plan, shall have the following meanings, unless a different meaning is indicated by the context. Definitions related to land or water use not herein set forth shall be the same as those contained in the Bremerton Zoning Ordinance, as amended, and/or the Bremerton Shoreline Management Master Program, as amended. Board or DRB: The Design Review Board established within this Plan. Building Controls: The specifications which define the maximum height, bulk and volume permitted in each Land/Water Use Area. city: City of Bremerton. Disposition Document: The agreement between the City and the redeveloper of a designated property, containing the terms and provisions by which the redevelopment shall conform to and carry out the requirements of the Urban Renewal Plan and all other applicable laws and regulations. Owner-participation Agreement: The contractual agreement between the City and the owner of a property within the Project Area who elects develop or rehabilitate such property in conformance with the requirements of the Urban Renewal Plan and all other applicable laws and regulations. I Plan or Redevelopment Plan= The Downtown Waterfront Urban Renewal Plan. Planning Criteri&= The development requirements specified for each Land/Water Use Area. Project= The Downtown Waterfront Urban Renewal Project. Project Area= The area included within the boundaries of the Downtown Waterfront Project. Rehabilitation= To repair and reconstruct in conformance with the Property Rehabilitation Standards, Attachment 1. Special Controls: Those required or permitted additional controls set forth to guide development unique to each Land/Water Use Area. I - 4 II DESCRIPTION OF PROJECT A. PROJECT BOUNDARIES The project Area consists of the parcel of land lying within the following described boundaries, shown on the Boundary Map, Exhibit "B". Beginning at the intersection of the north margin of Fifth Street and the west margin of Washington Avenue; thence southwesterly aLc~g the ~est margin of Washington Ave. to the north margin of First Street; thence west along said north margin of First Street to the southeast corner of Lot L BLock 9 of the plat of the Original To~n of Sremerton; thence south to the northeast corner of Lot 5 BLock 10 of said plat; thence south along the east Line of Lots 5, 4, ~[, and 2 of said BLock 10 to the north margin of 14ashington Avenue; thence southeasterly to the northwest corner of Lot 9 BLock [ of said pLat; thence southeasterly along the west Line of said Lot ~ and its extension to the Outer Harbor Line; thence northeasterly along the Outer Harbor Line to the easterly extension of the north Line of Lot ~ BLock 4 of said plat; thence northwesterly along said easter-[y extension and said north Line of Lot.~ to the east margin of Washington Avenue; thence northwesterly to the Point of Beginning. The easterly boundary of the Project Area follows the Outer Harbor Line (OHL). This boundary shall be automatically expanded if the OHL is expanded. B. PROJECT GOALS The five goals and their accompanying statements of objectives below are to be taken as a whole. Together these goals indicate the intentions of the Project. It shall be the goal of the Downtown Waterfront Project to: 1. Develop the downtown Bremerton Waterfront area to its highest economic and social potential and take advantage of the site,s unique public and natural resources and amenities. a. Assure development and redevelopment of the Project Area in a manner consistent with its market potential in order to maximize private investment in the area. b. Minimize public costs by encouraging existing land owners to commit to II - I develop/redevelop their property within a reasonable time in accordance with the Plan. c. Transfer land ownership to private sector developers committed to carry out the Plan if existing owners do not choose to develop in accordance with the Plan. d. If it is necessary to acquire property, phase acquisition to minimize the time a parcel is held by the City and the amount of public funds that are committed at any one time. 2. Maintain a balanced mix of commercial, social, cultural, residential, tourism, and recreational opportunities within the Project Area to replace the present blighted status of the area. a. Encourage uses that promote the economic potential of the waterfront. b. Promote office, restaurant, specialty shop, hotel/conference center, multi-family, and marine-oriented businesses in the area. c. Develop a fishing pier and associated facilities. d. Develop a transient marina with a breakwater. e. Develop a waterfront public pathway-park system. f. Aid development of a naval heritage museum/visual arts center. 3. Renew and upgrade utility systems within the Project Area to support more intensive use. a. Upgrade/install City utility systems so that all Urban Renewal sub-projects can be permitted and fully utilized. II - 2 b. Require that all non-City utilities completely underground all their utility lines and services in a sizing/capacity to serve the Project Area at full development. 4. Develop an efficient regional transportation hub within the Projeot Area. a. Develop a new multi-modal transportation terminal including facilities for intertransfers of passengers from bus, vehicle ferry, high-speed passenger ferry, helicopter, sea plane, etc. b. Enhance access to public and business centers within the area by redesign and reconstruction of the street and pedestrian walkway system as necessary. c. Provide adequate parking for business, cultural, recreational, residential, and transportation activities in the Project Area. 5. Increase private sector employment in the Project Area. a. Renew utility systems so larger projects can be permitted. b. Increase the private sector tax base in the area. c. Encourage year-round business with non- governmental payrolls to help balance the community,s existing large governmental payroll. 6. Execute the Plan with the least possible disruption to the activit~ and quality of the existing uses. II - 3 C. URBAN DESIGN OBJECTIVBB The following urban design objectives set forth commitments for the redevelopment and enhancement of the Downtown Waterfront Project Area. It shall be the objective of the Project to: 1. Improve the downtown Waterfront area in accordance with the policies of the Bremerton Comprehensive Plan and the Bremerton Shoreline Master Program. 2. Establish the downtown waterfront as an attractive entrance to the City. 3. Improve visual and physical connections between the Central Business District and the water through control of building setbacks, heights, view corridors, and public amenities. 4. Encourage increased pedestrian activity by providing access to the water's edge, establishing connections to the Central Business District, providing pedestrian-oriented uses at street level, and developing an attractive streetscape. Provide a series of public spaces that connect surrounding activities and enhance public enjoyment through strategic use of materials, scale, architectural detail, furniture and lighting. 5. Promote building design features that express 'individual functions while contributing to the harmony of the whole. NOTE: PLanning CPiteria, Building Controls a~ S~cia[ ContPoLs ape set foPth fop each section of the Project APea to ensure realization of the a~ve Ur~n Design Objectives. (See Chapter II! Section D. URBAN RENEWAL POLICIRR The City's Urban Renewal Policies are: II - 4 1. To work cooperatively with property owners to bring about orderly redevelopment in a timely manner. 2. To resort to condemnation and acquisition procedures only if owners do not choose to develop or rehabilitate their property in accordance with the Urban Renewal Plan. 3. To ensure that redevelopment is phased to minimize disruption within the Project Area. E. URBAN RENEWAL TECHNIQUER The following are techniques and powers that will be used to achieve the objectives of the Downtown Waterfront Urban Renewal Project as authorized by the Urban Renewal Statute, RCW 35.81. The City shall: 1. Acquire real property as designated on the Land Acquisition Map, Exhibit E. 2. Install, construct, or reconstruct public improvements including streets and other public rights of way, underground utilities, parks, pathways, and viewpoints. 3. Rehabilitate designated properties. 4. Provide relocation assistance to residents and business that are displaced by Project action. 5. Sell property, including air rights, for public and/or private redevelopment in accordance with provisions of this Plan. 6. Clear and replace buildings, phased to minimize disruption of existing public and private activities. 7. Encourage voluntary rehabilitation. II - 5 8. Compel the repair and rehabilitation of deteriorated or deteriorating structures. II - 6 III. LAND/WATER USE PLAN SECTION ONE - L~ND/WATER USE PLAN MAP Exhibit "D" indicates the general distribution of land and water uses and the location of thoroughfares, rights-of-way and easements. Land uses are established on the basis of predominant use, and are as follows: CRT - commercial/Residential Tourist Area FT - Ferry Terminal Area MS - Marina/South Area MN Marina/North Area PP Pathway-Park Area TR - Thoroughfares and Rights of Way SECTION TWO - DEVELOPMENT CONTRO~.~ Development controls set forth in this Plan specify a maximum level of development ultimately allowable in the Project Area. In addition to all applicable codes, regulations and ordinances, the rehabilitation and redevelopment of land in the Project Area shall be subject to the regulations and controls set forth herein. In cases of conflict, the more restrictive shall apply. A. PROJECT CONTROLS 1. Desiqn Review Board (DRB) a. Purpose The City shall establish a project Design Review Board (DRB) to review development proposals for consistency with the Goals and Objectives of the Project. b. Membership The DRB shall consist of five persons. The Mayor shall appoint, and the City Council shall confirm, members who are knowledgeable in matters of land use, design and aesthetic judgement by virtue of training, education and/or experience. III - i c. Duties It shall be the duty of the Board to: 1) Review and approve plans, designs and proposals for rehabilitation and redevelopment; 2) Assist in the selection of rehabilitation and redevelopment proposals for properties acquired by the city; '3) Grant exceptions to height limits, setbacks and view corridor requirements as provided in Chapter III. Section 3.A.6. (CRT Special Controls) and Section G.11.c. (View Corridors). d. Appeal of DRB Decision A decision of the DRB may be.appealed to the City Council. e. Rules of Procedure The DRB shall prepare bylaws, review procedures, and design criteria, and such other rules of procedure as it shall deem necessary to carry out its duties, subject to approval of the City Council. f. Interim Design Review Process Until such time as the DRB is functional, Design Review shall be conducted by the Director of Community Development. 1) The Director's decision shall be based on Downtown Waterfront Urban Renewal Plan Goals, Objectives, Criteria, and Controls. 2) The review process shall be conducted as prescribed in Chapter 10, Section 6 of the Bremerton Zoning Ordinance. g. Limitation of Authority The DRB shall be disbanded five (5) years from the date of the ordinance forming the DRB, unless reinstated by the City Council. III - 2 2. Property Rehabilltation Standards Property Rehabilitation Standards, Attachment 1, shall be applied uniformly to all properties to be rehabilitated in the Project Area. B. COORDINATION WITH ZONINO/SHORELINE CONTROLS 1. The provisions of the Bremerton Zoning Ordinance and/or Bremerton Shoreline Master Program shall apply to the Project Area, except as may otherwise be provided in the Urban Renewal Plan. 2. The Bremerton Zoning Ordinance and Zoning Map are hereby amended, as shown in Exhibit G, as follows: a. The Project Area is designated ~Downtown Waterfront Urban Renewal District". b. The adjacent upland area is designated -Downtown Design Review Overlay District-. 1) Development within this area is subject to all underlying zoning requirements: Provided, that heights shall be consistent with Urban Renewal Plan requirements for the Mixed Commercial/ Residential/Tourist Area. (See Chapter III. Section 3.A.) 2) Projects within this area shall be subject to Design Review by the Design Review Board (DRB) to ensure consistency with Project Goals and Objectives. C. COORDINATION WITH OTHER APPLICABLE CONTRO?~S Development within the Project Area shall be consistent with all applicable local, state and federal regulations. In addition to City requirements, these may include, but are not limited to, the following: III - 3 1. Bremerton-Kitsap County Health Department: Administers public health regulations for marinas. 2. Washington state Departments of Fisheries and Wildlife Hydraulio Projeot Approval (HPA) Permit: Sets conditions for construction activity waterward of the mean higher high tide line in salt water in order to protect fish and wildlife habitat. 3. Washington State Department of Natural Resources= Administers a permit process governing disposal of dredged material removed from a marina. 4. Washington State Department of Ecology: Evaluates marina projects for their effect on water quality. S. U.S. Army Corps of Engineers= Administers a permit process governing construction in "navigable" waters and associated wetlands. D. PROJECT REPORT During the implementation phase of the Project, the City shall develop a Project Report to explain and illustrate the objectives and controls of the Urban Renewal Plan. (See Chapter VI.A.) 1. Redevelopment proposals shall be evaluated on the basis of their conformity to the contents of the Project Report. 2. Design and economic criteria derived from the Project Report shall be incorporated in all disposition documents and owner-participation agreements used in the implementation of the Urban Renewal Plan.. E. LAND/WATER USES In order to define land/water use mixes, character and density, this Plan identifies predominant uses, and assigns various combinations of uses to specific Project Areas. The following categories indicate III - 4 predominant land/water uses permitted in the Project Area. The uses set forth below are not exclusive, but are illustrative of the types of uses to be permitted in each land use category. 1. Residential= Buildings or portions of buildings used as penthouses, apartments, condominiums and boarding houses. Additional, incidental uses which are for the benefit and enjoyment of the residents may be permitted on a case-by-case basis. 2. Mixed Commercial: Buildings or portions of buildings used for the following commercial activities: a. Office Commercial: Professional offices and business offices. b. Retail Commercial: Retail shops, stores and shopping arcades. c. Recreational Commercial= Art galleries, taverns, cafes, restaurants, bars, physical fitness centers. d. Outdoor Market: Retail business using temporary space in an open, unroofed area, including sidewalk cafes and street vending. e. Hotel/Conference Centers: Establishments that offer transient lodging accommodations and/or meeting facilities to the general public. Additional services for hotel/ conference center users, such as restaurants, gift shops, beauty and barber shops, and recreation facilities shall be permitted. f. Cultural Facilities: Establishments of a historic, educational or cultural nature, such as museums and art galleries, which are not operated commercially. III - 5 g. outdoor Vendors~ Small retail or food vendors using temporary space, on a case by case basis. 3. Parking Co~merolal: Areas and structures used for storage of automobiles as a primary use. 4. Water-Dependent/Relate~: Facilities which are dependent on a water location by reason of the intrinsic nature of their operations or whose operation cannot occur economically without a shoreline location. a. Marina: Facilities for storing, servicing, fueling, berthing and securing of pleasure craft. Eating, sleeping and retail facilities for owners, crews and guests may be permitted on a case-by-case basis. b. Public Fishing Pier: Public piers which provide facilities for on-site recreational fishing. c. Aquariums: Facilities where collections of live water plants and animals are exhibited for public view. d. Tour Ships: Ships of historical or other special interest which are normally fixed in place and open to the public for tours. e. Boardwalks: Public pedestrian and bicycle ways constructed over water or along the shoreline. 5. Public Access Opportunities: Uses not otherwise listed, which qualify as "water-enjoyment" uses under Shoreline Master Program regulations. Water-enjoyment uses are defined as those that "provide for passive and active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use, and which through location, design and operation assure the public's ability to interact III - 6 with the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public, and most if not all of the shoreline- oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline interaction,,. 6. Transportation Terminal: a. Ferry Terminal: Facilities where transfer between passenger or auto ferries and other modes of transportation takes place. b. Ferry Parking Facilities: Facilities providing parking for walk-on ferry passengers. 7. Public Recreation Facilities: Areas and structures used for: a. Parks: Areas and structures used for public recreation, primarily of a passive nature. b. Viewpoints: Areas and structures providing opportunities for the public to enjoy views of the water or other places of interest. c. Pathway: Public pathways/boardwalks for pedestrians and/or bicycles. 8. Water/Marina Support: Uses serving activities in the Water/Marina Areas which cannot practically be located further from the shoreline. 9. Thoroughfare and Right-of-Way Uses: Public streets, walks and other spaces. 10. Accessory Uses: a. Uses that are incidental, customary or necessary to the functional operation of predominant uses are permitted within the Project Area. III 7 b. Landing facilities for seaplanes and helicopters may be permitted on a case by case basis. 11. Prohibited Uses: a. Uses shall be prohibited that are objectionable by reason of noise, vibration, smoke, fumes, dust or odor, provided that construction activities, including pile driving, are permitted within specific time limits. b. Uses shall be prohibited which are incompatible with principal uses. c. Automobile oriented uses not specifically permitted are prohibited. d. Prohibited uses include but are not necessarily limited to: 1) Commercial parking facilities, (except as specifically permitted for ferry passengers or by Shoreline Conditional Use Permit); 2)Heavy manufacturing; 3)Car wash; 4)Warehouses; 5) Outdoor storage (excluding offshore boat/watercraft moorage and Marina Support uses). 12. Shoreline Master Program Use Controls: Ail uses in the shoreline area under the jurisdiction of the Shoreline Master Program are also subject to Master Program requirements that such uses are "water-dependent", "water-related", or "water- enjoyment" uses. This shoreline area consists of all water areas and those upland areas within 200 feet of the Ordinary High Water Mark(OHWM). III - 8 F. LAND/WATER AREA CONTROLS In order to define land/water use, building controls, and planning objectives in specific Project Areas, the predominant land/water uses are designated as shown on Exhibit "D" and supplemented in the following text. The use and building controls shall apply to the redevelopment and rehabilitation of properties within each Land/Water Use Area indicated. The City may establish additional controls prior to disposition of acquired property and prior to entering into owner-participation agreements in order to achieve Project goals and objectives. 1. COMMERCIAL/RESIDENTIAL/TOURIST ARE~ CONTROLS (CRT) a. Description The CRT Area is located along the downtown waterfront between Fifth Street extended eastward and the south boundary of the Washington State Ferry Terminal. The Area slopes downhill to the east from Washington Avenue to the shoreline. The northern portion of the MCRT Area is separated from the water by a steep bank, while the southern portion of the Area is iow bank waterfront. b. CRT Development Objectives This area creates a connection between the downtown core, the ferry terminal and the water, and between the waterfront~s public, commercial, and residential uses. Development objectives in the CRT Area are: 1) Promote development of a high intensity, water-oriented, diversified environment that will be a draw to visitors, ferry users and local people. Cultural, recreational and commercial activities are encouraged. Desirable uses include office, hotel/conference center, museum/cultural, and residential facilities. III 9 2) Maintain retail, service, recreation and other "pedestrian-oriented" activities at grade when fronting on streets and public open spaces. On upper stories encourage office and residential uses, and other activities not appropriately located on the ground floors. 3) Protect views and improve view corridors from the CBD and the Project Area. 4) Encourage development of public open spaces. 5) Discourage parking as a primary use. 6) Provide a land use transition between the higher intensity uses to the south and west and the office and residential uses to the north. 7) Improve the streetscape along Washington Avenue and First, Second, Fourth and Fifth Streets. 8) Protect physical and visual access to the water's edge. c. CRT Planning Criteria Development in the CRT Area shall meet the following criteria: 1) Maintain "pedestrian-oriented,, uses at the ground floor level with access from the street level. a) "Pedestrian-oriented,, uses are "pedestrian-friendly" uses that will draw pedestrians to and within the area. These uses shall include but not be limited to retail, services, recreational, and cultural facilities. A use may qualify as pedestrian-oriented if III - 10 it provides significant public open spaces and is characterized by "pedestrian scale" features. b) "Pedestrian scale" is an informal and subjective term to describe the proportional relationship between an individual and the environment. It suggests that this relationship, whether natural or constructed, is comfortable, intimate, and contributes to the individual's sense of accessibility. 2) Provide pedestrian connections between various ground floor uses. 3) Provide cover Over sidewalks along Washington Avenue and First Street. 4) Maintain open space in the vicinity of the Second Street View Tower that will accommodate special events. This could be done with plazas, parking areas, or other joint use areas. 5) Provide adequate parking for over-water uses. 6) Provide pedestrian access to the water along the top of the bluff or by boardwalk along the Shoreline. 7) Cooperate with the City to provide a sheltered pedestrian overpass across Washington Avenue in the vicinity of the Municipal Parking Garage and City Hall Park near Fourth Street. d. CRT Permitted Uses 1) Mixed Commercial; 2) Public Recreation Opportunities; 3) Water/Marina Support; 4) Public Access Opportunities; III - 11 5) Residential on upper floors (above grade); 6) Parking Commercial, subject to Shoreline Master Program criteria. e. CRT Building Controls 1) Minimum Setbacks a) From Washington Avenue and First Street: None (0 feet). b) From Second, Fourth, and Fifth Streets: Ten (10) feet. c) Interior Side Yards ! For Buildlngs Fronting On Washington: Five (5) feet. For Buildings Fronting On First, Second, or Fourth Street: None (0 feet). d) From Shoreline: Twenty-five (25) feet from Ordinary High Water Mark (OHWM) or ten (10) feet from the top of the bluff, whichever is greater, to preserve the bluff line as viewed from the water. An exception may be granted by the Planning Commission consistent with the following criteria: The burden shall be on the developer to document, using appropriate soil studies, expert witnesses, and other relevant information, that the proposed development is designed to: III - 12 ~ Protect and not undermine bluff stability on or near the site. Not interfere with the dynamics of bluff erosion and associated accretion processes. The architectural design of the project will require approval by the DRB to assure that the project blends into and carries out the aesthetic qualities of the bluff. This could include such features as tiers of building "stepping" down the slope, fronted by planters incorporating vegetation that is complimentary to the area. 2) Maximum Height: a) South of Fourth Street: Fortyfive (45) feet above Washington Avenue. (See provision for exemption, below.) b) North of Fourth Street: One hundred twenty (120) feet above Washington Avenue. c) Within View Corridors: Fifteen (15) feet above average ground level (as measured by the Zoning Ordinance), subject to DRB approval. f. CRT Special Controls 1) The developer may choose to provide an addition to the Pathway-Park, subject to DRB design approval. Such space shall III 13 be of a size and design to be adequate for public gatherings of a significant size. 2) In exchange for fee simple ownership of such site, the City agrees: a) To provide up to one hundred percent (100%) of the cost of construction, subject to City Council approval; b) To accept liability for and to maintain such space in perpetuity. 3) In exchange for such provisions, the DRB is empowered to grant the following exemptions to development controls: a) Height limits south of Fourth Street may be increased to as much as one hundred (100) feet above Washington. b) Street or sideyard setbacks may be decreased or eliminated. c) View Corridor requirements may be , modified as provided in Section 2.G.11.c. of this Chapter. 2. FERRY TERMINAL AREA CONTROLS (FT) a. Description The Ferry Terminal Area consists of approximately 2.2 upland and 5.0 water acres. The upland area includes the existing ferry terminal site, as well as the corner triangle parcel to the northwest of Washington Avenue. The upland portion of the site slopes gently downhill from Washington Avenue to the shoreline. b. FT Development Objectives This area provides a transportation link to Seattle and Port Orchard. It serves as a definitive entry to the City and establishes III - 14 the southern boundary of the downtown and the Urban Renewal Project Area. The functional and aesthetic design of the Ferry Terminal Area is a key to the success of the Downtown Waterfront Plan. The City intends to work with the State Ferry System and the Washington State Legislature to ensure that the ultimate ferry terminal design will help mitigate parking, access, and other impacts of the ferry terminal use. Development objectives in the FT area are: 1) Protect convenient vehicular ferry and passenger-only ferry service to Seattle. 2) Protect convenient passenger-only ferry service across Sinclair Inlet. 3) Maintain up-to-date ferry terminal facilities that create an efficient link between the ferries, transit service, and the State highway system. 4) Protect vehicular and pedestrian access to terminal facilities. 5) Maintain an aesthetically pleasing appearance of the Ferry terminal Area as viewed from water and land areas. 6) Maintain adequate parking for ferry users within/or convenient to the Ferry Terminal Area. c. FT Planning Criteria Development in the FT Area shall meet the following criteria: 1) Provide safe, comfortable and convenient facilities for foot passengers, such as enhanced crosswalks and weather protected street overpasses and III - 15 connections between the ferry terminal and ferry boarding facilities. 2) Provide covered transit, taxi and "kiss-and-ride,, parking areas on site. 3) Provide on-site incentive parking encouraging walk-on passengers. Include the ability to add additional parking levels to the structure in the future. 4) Provide a buffer area along the south edge of the terminal either to screen the site from, or to soften views of the Shipyard, subject to DRB approval. A multi-level terminal with upper level parking will satisfy this requirement. 5) Provide weather-protected waiting and loading facilities within the Port of Bremerton waterway lease area for the existing privately operated passenger ferry serving Port Orchard and Retsil. 6) Make provision for weather protected waiting and loading facilities for passenger-only service between Bremerton and Seattle. d. FT Permitted Uses 1) Ferry terminals including piers and docks; 2) Mass transit transfer stations; e. FT Special Controls These special controls recognize the long-range plans of the State Ferry System to construct an "Ultimate" ferry terminal to replace the "Interim" terminal constructed in 1988. The "Ultimate" terminal requirements are based on the 1980 Bremerton Ferry Terminal Location and Conceptual Design Study: An Intermodal Facility, The TRANSPO Group, Inc., Kramer, Chan and Mayo, Inc., & III - 16 Carolyn Browne, for the Washington State Department of Transportation. (See Attachment 6.) In addition to the other requirements in this section, design of the "Ultimate Terminal" shall include: 1) Dedication of the necessary right-of-way for construction of a cul-de-sac at the end of First Street in exchange for vacation of Washington Avenue and alley rights-of-way south of First Street. Air rights shall be granted to permit extension of the terminal building over a portion of the cul-de-sac, thus providing all-weather cover over that portion of the cul-de-sac. 2) A multi-story terminal which includes ample passenger parking and associated facilities such as a large waiting area with seating, cafe, newsstand, phones, restrooms, vending machines, offices for ferry personnel, ticket booth, lockers, bicycle storage, information center, emergency room, service elevator, disposal room, and general storage area. 3) A weather-protected pedestrian overpass connecting the terminal with the west side of Washington. f. FT Building Controls 1) Maximum Height: Fifty (50) feet above Washington Avenue. g. FT Circulation Requirements 1) Route circulation flow so as to minimize conflicts between ferry users and local traffic, and between motorized vehicles, bicycles and pedestrians. III - 17 2) Provide separate bike lanes for boarding and exiting bicyclists. h. FT Parking Requirements 1) On-site parking shall be prioritized as follows: a) Off-street Holding Area ! Interim Terminal: 120 vehicles, minimum; ~ Ultimate Terminal: 206 vehicles, minimum. b) Bus Terminal Area' ~Interim Terminal: 4 buses, minimum; Ultimate Terminal: 10 buses, maximum; sheltered. c)Kiss-and-ride (Drop-off/pick-up) Area !Interim Terminal: 10 vehicles, minimum; Ultimate Terminal: 50 vehicles, minimum, including taxis; sheltered. d) Foot Passenger Parking Area, with priority given to handicapped and high-occupancy vehicles: Interim Terminal: Five (5) handicapped stalls, minimum. III - 18 Ultimate Terminal= One hundred sixty (160) stalls, minimum. e) Off-street Overflow Area= Fifty (50) vehicles. f) Employee Parking= Limited to five percent (5%) of the total number of parking stalls (not including holding area parking) provided on site. 2) Inoentive Parking= Parking rates shall be structured to promote walk-on use of ferries; rates for foot passengers shall be lower than for other parking users. 3. MARINA/NORTH AREA CONTROLS (MN) a. Description The Marina/North Area consists of the water area between the shoreline and the Outer Harbor Line north of Burwell Street extended eastward. It is separated from adjacent uses by a high bluff. b. MN Development Objectives The Marina/North Area provides a lower intensity connection between the higher intensity Marina/South Area, the Commercial/ Residential/Tourist Area, and the office and residential areas to the north of the Project Area. Development objectives in the MN Area are: 1) Protect limited active and passive opportunities to enjoy the water. 2) Protect pedestrian links along the downtown water front that can be extended to the Manette Bridge, Evergreen Park and Olympic College. III - 19 3) Protect the appearance of the downtown waterfront. c. MN Planning Criteria Development in the MN Area shall meet the following criteria: 1) Provide moorage for recreational/pleasure craft. 2) Provide a boardwalk along the shoreline. 3) Design facilities to protect water views. 4) Comply with Health Department requirements. d. MN Permitted Uses 1) Marina; 2) Private boardwalks and piers, providing public access is not obstructed; 3) Houseboats and covered moorage are specifically prohibited. e. MN Building Controls 1) Maximum Height: Eighteen (18) feet above sea level at Ordinary High Water Mark (OMWM). 2) Piers and Floats: Construction materials shall be designed to last at least twenty (20) years. f. MN Speoial Controls 1) Parking Requirements a) Transient Moorage: One (1)space/twenty (20) moorage slips. III - ZO b) Permanent Moorage: One (1) space moorage slip. 4. MARINA/SOUTH AREA CONTROLS (MS) a. Desoription The Marina/South Area consists of the underwater area between the shoreline and the Outer Harbor Line between Burwell Street extended eastward and the ferry terminal. b. MS Development Objectives The Water/Marina-South Area provides a major link between the city and its shoreline. Development objectives are: 1) Protect varied active and passive opportunities to enjoy the water that will attract visitors and local people to the downtown area. 2) Protect pedestrian links along the shoreline between the ferry terminal and the Water/Marina-North Area that can be extended to the Manette Bridge, Evergreen Park and Olympic College. c. MS Planning Criteria Development in the Marina/South Area shall meet the following criteria: 1) Provide transient moorage for recreational/pleasure craft and permanent moorage for tour boats and emergency vehicles. 2) Provide a public fishing pier, including conveniently located restrooms. 3) Provide a pathway/boardwalk along the shoreline designed to eventually link the ferry terminal with Evergreen Park and Olympic College. III - 21 4) Provide adequate nearby parking for uses in the Marina/South Area. 5) Design height, placement and architectural design of structures to respect views from upland areas. 6) Include public safety features in all facilities open to the public. 7) Comply with Health Department requirements. d. MS Permitted Uses 1) Marina; 2) Public Fishing Pier; 3) Aquarium; 4 Tour Ship, north of Second Street extended eastward; 5 Boardwalk; 6 Outdoor Vender; 7 Water/Marina Support; 8 Public Access Opportunities, including over-water restaurants and shops consistent with Shoreline Master Program criteria; 9 Covered moorage for emergency vessels: e. MS Prohibited Uses 1) Houseboats; 2) Covered moorage except for emergency vessels; 3) Permanent Moorage, including live-aboard moorage. f. MS Building Controls 1) Maximum Height a) Buildings over 4,000 square feet When second story exceeds 2,500 feet: 15 feet above the III - 22 Ordinary High Water Mark (OHWM). When second story is 2,500 feet or less: Twenty-five (25) feet above OH~TM. b) Buildings under 4,000 square feet: 25 feet above OHWM. g. MS Parking Requirements 1) Transient Moorage: One (1) space/ twenty (20) moorage slips; 2) Parking/loading areas for delivery and service vehicles only may be provided consistent with Planning Criteria. h. MS Shoreline Master Program (SMP) Controls Following is a summary of special SMP controls affecting the MS Area: 1) Over-water restaurants, aquariums, floating maritime museums and other water-enjoyment uses may be approved, subject to consistency with the following criteria: a) The use provides an opportunity for a substantial number of people to enjoy the waterfront area. For restaurants and aquariums, access to and on the seaward side of the structure shall be provided for patrons and the public. b) Large ships open to the public for tours should be located north of Burwell Street, to prevent degradation of views from the downtown business core. c) Restaurants and aquariums shall not exceed 75 feet in width, and not III - 23 exceed twenty-five (25) feet in height, measured from the Ordinary High Water Mark (OHWM). d) All structures shall be designed to be attractive and unobtrusive. 5. PATHWAY-PARK AREA CONTROLS (PP) a. Description The Pathway-Park Area follows the shoreline from the First Street Dock to the north end of the site at the extension of Fifth Street. This area generally includes an open space area between the toe of the bluff and a line running parallel to and ten (10) feet landward of the top of the bluff. The Plan includes a provision to allow buildings to encroach into the bluff area subject to Planning Commission approval. It also includes a provision allowing exceptions to height limits, street or sideyard setbacks, and view corridor requirements in exchange for additions to the Pathway-Park. [See Chapter III.3.A.5-6.] The exact location of any public pathway in relation to the bluff will be determined by a separate shoreline public access plan. b. PP Development Objeotives This area is designated as a continuous public park and pathway. Development objectives in the PP Area are: 1) Protect visual and physical access to the shoreline. 2) Protect the waterfront vista to visually unify development along the shoreline and create a pleasing entry to the City. III - 24 3) Protect access of tourists/visitors and local residents and workers to the waterfront and encourage pedestrian and bicycle movement through the Project Area. 4) Protect opportunities for passive and active recreation relating to the waterfront. 5) Protect focal points that enhance surrounding development. 6) Protect locations for support facilities and connections to the marina area. c. PP Planning Criteria Development in the PP Area shall meet the following criteria: 1) Maintain an open area surrounding the Second Street Viewing Platform to accommodate public gatherings. 2) Maintain a pathway/boardwalk system along the entire length of the shoreline in the Project Area designed to provide a continuous connection with a future pathway system linking the ferry terminal with Olympic College. Separate foot and wheel traffic when feasible. 3) Maintain viewing areas overlooking the water. 4) Provide Water/Marina support facilities on the First Street Dock or other suitable locations if needed. 5) Design Water/Marina shoreside support facilities to protect the pathway/park theme. III - 25 6) Protect the environmental and scenic/open space qualities of the bluff. d. PP Permitted Uses 1) Park; 2) Viewpoint; 3) Pathway; 4} Marina Support; 5) Parking and loading screened from water and upland views, subject to DRB approval. e. PP Building Controls 1) Marina Support Facilities Maximum Height: 12 feet. 6. THOROUGHFARE AND RIGHT-OF-WAY CONTROLS (TR) a. Description The Thoroughfare and Right-of-way areas comprise all the existing and planned public rights-of-way within the Project Area. Portions of certain rights-of-way may be converted in whole or in part to other uses. b. TR Development Objectives Development objectives in the TR Area are: 1) The uses of rights-of-way in the Project Area shall serve to set apart the Downtown Waterfront as a special water-oriented, pedestrian-dominated destination for visitors and local persons. 2) The function of Pacific Avenue, Burwell, First Street and Washington Avenue as major access routes between the waterfront and other parts of the City shall be reinforced by improving their III - 26 traffic-carrying capacity and by clearly identifying their functions for motorists/bicyclists. 3) Sheltered pedestrian overpasses will be designed to facilitate views and security. c. TR Planning Criteria Development in the TR Area shall meet the following criteria: 1) Reduce the impact of ferry traffic on the Project Area. 2) Achieve a higher level of pedestrian movement throughout the Project Area and between the Area and the downtown core. 3) Provide access to short-term parking and goods or passenger loading areas in the Project Area. 4) Control traffic to assign priority to pedestrians on First, Second, Burwell and Fourth Streets within the Project Area. 5) Provide efficient vehicular circulation in the Project Area by supplementing existing rights-of-way with connecting local streets. 6) Maintain the identity of the Downtown Waterfront as a "place" and develop means of linking the Waterfront identity to parking facilities within and outside the Project Area. 7) Provide transit/ferry connections and facilities along First Street and encourage the use of public transit by Waterfront Users. III - 27 8) Require rights-of-way within the Project Area to coordinate with the proposed/planned one-way street system. d. TR Controls Each of the thoroughfares and rights-of-way in the Project Area is assigned to one of the following categories, and is subject to the standards of design required by the City. The City will provide the below listed facilities unless otherwise stated in this Plan. 1) Arterials a) Washington Avenue ~ Washington Avenue north of First Street shall continue to serve as a through-traffic route. The City will vacate Washington south of First Street in order to expand the Ferry Terminal Area to the northwest. ~ Unneeded right-of-way shall be reconfigured to provide a more appealing pedestrian environment, through such features as wider sidewalks, plantings, street furniture, etc. Bus shelters and additional street trees shall be provided. A sheltered pedestrian overpass shall be constructed connecting the Municipal Parking Garage and City Hall Park with the Project Area in the vicinity of Fourth Street. III - 28 ~ A second pedestrian overpass shall be constructed from the Ferry Terminal to the west side of Washington to separate pedestrians from ferry traffic. A bicycle lane, on-street parking, wider sidewalks, and landscaping shall be added in unneeded right-of-way north of Second Street if/when it is designated for two/three lanes running one-way north. (See Attachment 2 - Proposed One Way Street Plan.) b) First Street, West of Washington First Street west of Washington shall become the primary access to the Ferry Terminal and the First Street Dock in the event it is designated one-way east. (See Attachment 2 - Proposed One-Way Street Plan.) 2) Local Access Rights-of-Way a) First Street, East of Washington ! The primary function of First Street east of Washington shall be to provide local access to the fishing pier, marina, pathway-park system and adjacent businesses. It shall also provide supplementary access to the Ferry Terminal Area. A turnaround shall be provided in the vicinity of the First Street Dock, sufficient for emergency vehicles. III - 29 Provision shall be made for loading areas for existing businesses. ~ Raised planting beds will be added in a median down the center of the street. The sidewalks along First Street shall be widened to create a pedestrian character. b) Second Street, East of Washington Second Street shall provide two-way vehicle access into the Project Area from Washington Avenue, with priority given to pedestrians. The east end of the street in the vicinity of the Second Street Viewing Platform shall be designed to facilitate pedestrian gatherings on special occasions. ~ On-street angle parking shall be located along both sides of the street. The right-of-way at the shoreline shall be incorporated into the Pathway/Park Area. c) Fourth Street, East of Washington Fourth Street shall provide local vehicular and pedestrian access to the north portion of III - 30 the Project Area, with priority given to pedestrians. It shall be signed for local access only to adjacent business and park uses to discourage other vehicles from entering. A vehicle turn-around area shall be added at the street end at the top of the bluff. On-street angle parking will be provided to serve the Beach Access Tower. e. TR Special Controls In order to assure adequate control over facility development, maintenance and safety, all thoroughfares and rights-of-way shall be owned in fee simple by the City. ADDITIONAL CONTROLS In addition to the special requirements set forth above for specific land/water use areas, the following general requirements shall be in effect throughout the Project Area: 1. Design Guidelines and Theme The design of development shall emphasize the waterfront location, be compatible with surrounding development, and be consistent with such Project Design Guidelines as are adopted by the City. (See Chapter VI, Section 1.) 2. Height Limits Height limits are as specified for each Land/Water Area in Section 3.E. of this chapter. Figure 1, on the following page, provides a summary of height limits in the Project Area. 3. Landscaping Landscaping and other design treatment appropriate to the character and function of the space shall III - 31 Fiqure 1. Heiqht Limits Ferry ]erainat Area: Nax. 50 ft. above Washington Avenue. First to FmJrth, east of Washington and Design Revie~ OverLay District - south of Fourth: Hax. 45 ft. above Washington Ave. Up to 100 ft. with Pathway/Park addition. Fourth to Fifth Streets, east of Washington and Design Revieu Overlay District - north of Fourth: Max. 120 fL, above t~ashington Ave. Linear Park/Pathaay (aLong shoreline): Hax. 12 fL, above average ground level for marina support uses. Other uses per ORB approvaL. Marina North: Max. 18 ft. above OHta4. Marim South: Max. 25 ft. for bldgs, under 4,000 sq. ft. or 15 ft. for bldgs, over 4,000 sq. ft. and 25 ft. if second story is 2500 sq. ft. or less. OoM~to~n Business Core (BC) Zone outside Design Revie~ OverLay District: Max. 120 ft. (higher with PLanned Unit DeveLopment approvaL) View Corridors (~ahere noted on map): 14ax. 15 ft. above average ground LeveL. ORB may grant an exception in exchange for open space/public access/pathway park. III - 32 be provided in all areas not occupied by buildings. 4. Loa~ing Adequate provision shall be made for service access to commercial locations in the Project Area. a) In new development, space for parking delivery vehicles and for movement of merchandise, furniture, garbage, etc., shall be provided on-site. b) Rehabilitation proposals shall include solutions for providing service loading in a manner that minimizes disruption of traffic flows. 5. Parking a. Parking Objectives 1) The number of parking spaces within the Downtown Waterfront Urban Renewal Project Area shall respond to the general goal of attracting people to the downtown waterfront area and accommodating their needs. 2) Vehicles shall not be accommodated in such numbers that they dominate the Project Area and'discourage pedestrian utilization of the site. 3) Development of parking shall be phased and coordinated to minimize inconvenience to existing uses. 4) Existing parking shall be maintained until adequate new or substitute parking is available. 5) Parking facilities within the Project Area shall be housed in or under III - 33 structures or otherwise screened from public streets and waterways. b. Parking Controls 1) Parking supplied within the Project Area shall be limited to that which directly supplies the needs of the Area. The number of parking spaces provided within the Project Area shall be equal to no less than 30% of the parking required in the Zoning Ordinance for areas outside the Central Business District, except as otherwise provided in this Plan. 2) Except within the street rights-of-way, parking areas and facilities shall not be located in required front or shoreline setbacks. 3 Parking in structures shall be allowed at ground floor level adjacent to streets only if such parking does not detract from the pedestrian-orientation of the area, except in the Ferry Terminal Area, where such parking shall be effectively screened from the street. 4 Parking on rooftops may be permitted on a case-by-case basis when designed to respect views from surrounding areas. 5) Parking facilities shall be located at least fifty feet from the water's edge. The City of Bremerton Department of Community Development may modify this requirement for lots with insufficient space between the upland lot line and the Ordinary High Water Mark (OHWM). In such cases, the parking facilities shall be located as far from the water's edge as feasible. III - 34 6) Screening and landscaping of parking shall meet Zoning Ordinance requirements. Within three(3)years from the adoption of this plan, landscaping shall be required in all existing parking lots according to the current Zoning Ordinance. 7) Safe, comfortable and aesthetic pedestrian access in parking areas shall be provided. 8) Commercial parking facilities may be approved under a temporary use permit during Implementation Phases I and II, providing they are consistent with Shoreline Master Program criteria for such facilities. These criteria are summarized as follows: a) The parking lot is designed and managed for use by visitors and patrons of uses within the downtown waterfront, and not available for employee parking. b) Parking stalls and drives are set back at least twenty-five (25) feet from the Ordinary High Water Mark (0~). c) The site plan features significant amenities and access to the shoreline. d) The permit shall expire unless renewed every five (5) years. 6. Public Art Ail development and redevelopment projects shall include public art, subject to approval by the Design Review Board. (Also see Chapter VI, Section 1.f.) III 35 7. Roof a. Mechanical and electrical equipment placed on roofs shall be appropriately enclosed or integrated into the design of the structure. b. Mechanical rooms, elevator towers, and other unoccupied building spaces msy project above building height limitations if they are not visible from ground levels of surrounding streets adjacent to the property. c. Flat roof areas of all structures shall be landscaped or otherwise decorated or designed to respect views from surrounding areas. 8. Security a. "Nighttime uses", such as restaurants, theaters and arcades, shall be encouraged to attract people to the Project Area during the evenings. b. Facilities shall be designed to promote "eyes on the street" and discourage crime. c. Active police patrols should be provided during high crime hours. 9. Signs Besides the existing Shoreline Master Program Sign controls, the following sign-related requirements shall apply: a. Outdoor advertising signs that direct attention to other than the premise where such signs are located, are prohibited. b. Signs on rooftops are prohibited. 10. Variances (Hardship) a. When the literal interpretation and strict application or enforcement of the provisions of this Plan would cause undue and III - 36 unnecessary hardship, the City may authorize a variance therefrom when not contrary to the public interest. b. Request for such variance shall be reviewed by the appropriate City departments and/or the Design Review Board. c. The request shall be approved by the Director of Community Development if it is found that: 1) The variance would not alter land use, or adversely affect the intent, purpose, or basic requirements of the Urban Renewal Plan; 2) Such variance would not be materially detrimental to the public welfare or injurious to other property in the Project Area; 3) Exceptional circumstances or conditions apply to the subject property which do not generally apply to other properties in the Project Area. 11. View Corridors a. View Corridors as shown on Exhibit E are general in nature, and not to scale. The exact width shall be determined by the DRB. 1) First Street: There shall be a view corridor which shall be no less wide than the width of the right-of-way. 2) Burwell Street: The primary purpose of this View Corridor is to preserve distant views from the crest of the hill in the vicinity of High Street. Near views from street level are not necessarily required to be centered at the Burwell/Washington intersection, but should provide street level water views approximately mid-way between Second and Fourth Streets. III - 37 3) Fourth Street: The primary purpose of this View Corridor is to preserve near views from Washington Street level. Views from city Hall Park should be protected insofar as possible. Any structure immediately blocking water views from the park shall incorporate aesthetically pleasing features as viewed from the park. 4) Fifth Street~ While there is no public right-of-way between Washington and the shoreline at Fifth Street, attention should be paid to building design that will promote views between buildings. In the event that Fifth Street is designated one-way eastbound (as proposed in the 1987 Draft Arterial Improvement Plan), views at Fifth Street will take on increased importance. b. Height Limit: Fifteen (15) feet above average ground level as measured by the Shoreline Master Program. c. Exceptions: Exceptions to View Corridor requirements may be granted by the DRB, subject to one or more of the following requirements: 1) The developer shall provide functional,' aesthetically pleasing outdoor open space. 2) The developer shall provide one or more indoor and/or outdoor public areas for visual access to the water. 3) The developer shall provide an outdoor plaza adjacent to the Pathway-Park. III 38 H. DURATION AND APPLICABILITY OF CONTROL~ 1. Duration of Project Controls a. This Plan shall be binding and in effect for a period of forty (40) years from the date of the adoption of this Plan by the City of Bremerton unless otherwise amended through appropriate means. b. If any portion of this Plan is deemed invalid by the courts, the remaining provisions shall remain in force. 2. Applicability Of Controls The controls and provisions of this Plan, including the Property Rehabilitation standards, Attachment 1, shall apply to all properties in the Project Area, including those properties designated "Subject to Acquisition,, on the Land Acquisition Map, Exhibit E. III - 39 IV PROJECT PROPOSALS A. LAND ACQUISITION 1. Land Acquisition Map The "Schedule of Land to be Acquired by City" map, Exhibit F, designates real properties in the following categories: IMMEDIATE ACQUISITION~ INTERMEDIATE ACQUISITION~ LONG-TERM ACQUISITION. 2. Properties subject to Immediate Acquisition a. Properties designated IMMEDIATE ACQUISITION are scheduled for potential acquisition in the near term. b. These properties may be acquired when the owner of such property is unwilling or unable to improve the property in accordance with the Property Rehabilitation Standards, and other Project controls established in this Plan and/or listed in the owner-participation agreement. c. Following such acquisition, the City shall dispose of the property in order that it be improved to meet the standards established. 3. Properties Subject to Later Acquisition a. Properties designated INTERMEDIATE ACQUISITION are scheduled for potential acquisition after those scheduled for Immediate Acquisition. b. Properties designated LONG-TERM ACQUISITION are scheduled for potential acquisition after those scheduled for Intermediate Acquisition. c. Acquisition of these properties is not mandated if the owner is willing and able to comply with the objectives and provisions of IV - i this Plan, in accordance with scheduling requirements established by the City. d. Properties subject to later acquisition will change to the status of "Properties Subject to Immediate Acquisition" if their condition substantially deteriorates. 4. Leasing Rehabilitated Sites Preference in leasing rehabilitated sites, at fair value, may be afforded to tenants displaced by the Project. B. REHABILITATION 1. Property Rehabilitation Standards Property Rehabilitation'Standards, Attachment 1, shall apply to all properties to be rehabilitated in the Project Area. Compliance with all applicable provisions of this Plan, and with all other applicable laws, codes and regulations is required. 2. Owner-Participation Agreement The owner of a property to be rehabilitated shall be required to enter into an Owner-Participation Agreement with the City. a. Proposals for property rehabilitation shall be submitted to the city for review and approval according to the terms of this Plan. b. The owner shall submit, as required from time to time, all proposals, drawings, documentation and supporting data to the City for determination of compliance with the Plan and with terms and conditions of the Owner-Participation Agreement. c. The City may acquire sufficient interest in property to be rehabilitated to accomplish the objectives and provisions of this Plan. IV - 2 C. REDEVELOPER'E OBLIGATIONS The following requirements shall be included in disposition documents in order to ensure that the objectives and provisions of the Plan shall be carried out: 1. The purchase of the property is for redevelopment and not for speculation, provided that a redeveloper may dispose of his interest subject to the requirements, conditions, and law of Federal, State and local entities. Nothing herein stated shall be construed to prevent resale or lease of property following certified completion of all the rehabilitation, improvements or redevelopment required. 2. The property shall be built upon or otherwise improved by the redeveloper in accordance with scheduling requirements established by the City. 3. The redeveloper shall submit, as required from time to time, all proposals, drawings, documentation, and supporting data to the City for determination of compliance with the Plan and with terms and conditions of the disposition instruments. D. UNDERGROUND UTILITY LINES Ail utilities shall be placed underground in compliance with requirements of the City. E. TEMPORARY PROJECT IMPROVEMENT AND FACILTTIE~ During the execution phase of the Project, the City may elect to utilize acquired land for construction of temporary parks, or temporary construction or reconstruction work on existing publicly owned streets and utility lines. These temporary improvements and facilities shall be carried out for the convenience of the City in executing the Project. IV - 3 F. PROJECT IMPROVEMENTS The Land Use Plan and Exhibits identify those properties and rights of way designated for Project Improvements. The responsibility for providing these improvements will be determined during negotiations o~ Owher-Participant A~reements with pr6perty owners. The project improvements are summarized as follows: 1. Washington Avenue: Sidewalk landscaping "bulbs" at intersections; sheltered pedestrian overpass in the vicinity of the Fourth Street/City Hall Park; widened sidewalks and new parking/bus bays if/when street is designated one-way north. 2. First Street: Cul-de-sac at street end. 3. Gateway Park: Pocket park in Interim Ferry Terminal landscape area at corner of Firs~ and Washington. 4. Second Street: On-street angle parking; street end turnaround facility, e.g. cul-de-sac or "hammerhead,,; raised planting bed in a median island at street end. 5. Second Street Viewing Platform: Replacement viewing platform atop reconstructed pump station 6. Fourth Street: Narrowed street, widened sidewalks, and automobile turnaround at street end. 7. Fourth Street Beach Access Tower: Pedestrian beach access tower and walkway at street end. 8. Pathway-Park: Pathway-park along waterfront, including paving, boardwalks, exercise facilities, benches, picnic tables and art work. 9.Marina: New marina, floats, boat slips, and shoreside support facilities. 10.Fishing Pier: Fishing pier with fish cleaning facilities, benches and railings. IV - 4 10. Fishing Pier: Fishing pier with fish cleaning facilities, benches and railings. 11. Multi-modal Ferry Terminal: New terminal facility for Seattle and Port Orchard ferries, with bus, taxi and kiss-and-ride parking and an overhead foot passenger parking structure; sheltered pedestrian overpass across First Street to the west side of Washington. 12. First Street Dock: Marina delivery area; connecting ramp to new marina; restrooms. 13. Landscaping: Trees and other landscaping: In raised median island planting beds; along sidewalks on Washington Avenue and First, Second, Burwell and Fourth Streets; in Pathway-park, in Marina support areas, and on First Street Dock. 14. Non-glare Lighting: Along all streets, parks, pathways and viewpoints. 15. Emergency Services Communication System 16. Utilities: Upgraded and new sanitary sewers, pump station, storm sewers, water lines, and electrical services. IV - 5 V. OTHER PROVISIONS Other provisions necessary to meet state and local requirements are as follows= A. TEMPORARY USE OF ACOUIRED L]%ND OR BUILDINGS 1. During the execution phase of the Project, the City may elect to utilize acquired land or buildings within the Project Area for temporary purposes such as, but not limited to: on-site relocation of individuals, families or businesses; storage yards; or for any other purpose convenient or necessary to the City. 2. No provision of this Plan shall prevent such uee by the City, or when specifically authorized by the City, by contractors or others as deemed necessary from time to time. EQUALITY OF OPPORTUNITY Ail public improvements and activities (and including use and sale of property) shall comply with the Civil Rights Act of 1984, as amended, and regulations pursuant thereto~ the State law against discrimination (RCW 49.60, as amended) the City ordinances to assure equality of opportunity. C. TIL~NSFERS OF FUNDS While it is the intent of the Project to use fully within each line item, all funds allocated to each line item, no transfers of funds shall be undertaken without the expressed permission of the City Council, by ordinance. V - i VI. IMPLEMENTATION Implementation of this Plan will occur in two phases: A. PHASE I - PROGRAM PLANNING During the initial implementation phase of the Project, the City shall develop a Project Report to explain and illustrate the objectives and controls of the Plan. (See Chapter III, Section 2.C.) The Report shall consist of various programs and tools necessary to implement this Plan, including: 1. Development Action Plan A plan shall be developed to designate each property in the Project Area as subject to an appropriate category of development action: a. Clearance/redevelopment; b. Rehabilitation; c. No action. 2. Development Action Schedule A schedule shall be developed for acquisition and development of public and private properties. a. Timing of Acquisition Properties designated "Subject to Immediate Acquisition" shall be scheduled for potential acquisition beginning two (2) years from the date of adoption of this Plan, according to the Development Action Schedule. b. Non-Compliant Properties A "Non-Compliant property" is a property within the Project Area for which the owner is unwilling or unable to enter into an Owner-Participation Agreement with the City to comply with the objectives and provisions of this Plan. VI - i c. Exception to Schedule When acquisition of properties in advance of schedule will measurably enhance the Project Area, immediate acquisition may be initiated. 3. Developmen~ Incentives Program A program shall be developed establishing incentives, including economic incentives, to encourage potential private developers and owner-participants to become involved in redevelopment of the Project Area. 4. Parking and Circulation Plan A plan shall be developed to address parking and circulation needs within and near the Project Area; 5. Design Guidelines Design guidelines, including a general design theme, shall be developed by the Design Review Board to provide general guidance for Project Area improvements. (Also see Chapter III, Section 2.A.1. and Section 3.G.1.) 6. Public Art Program A program shall be developed to ensure the placement of works of art in the Project Area. (Also see Chapter III, Section 3.G.6.) 7. Financial Program a. Phase I Interim Program During Phase I the City will target Community Development Block Grant and other available grant/loan programs as a priority for public facilities within the Project Area in accordance with the following objective: Eliminate slums and blight conditions along the waterfront, foster commercial redevelopment and improve access for area residents to the water. Capital improvements located in the designated VI - 2 waterfront area will have first priority over other capital improvements. b. Phase II Program A sound financial program shall be developed to finance acquisition and redevelopment according to the Development Action Plan and Schedule. (An initial proposal for such a program is included in Attachment 4.) 8. Relocation Plan a. Phase I Interim Plan Should acquisition of property be commenced prior to development of the Relocation Plan: For projects where displacement is unavoidable, the City will follow the City of Bremerton Displacement Plan For CDBG as applicable. (See Attachment 5.) b. Phase II Plan A project Area Relocation Plan shall be developed for relocation of individuals, families and businesses during the acquisition and development implementation phase of this Plan. The Relocation Plan shall be consistent with the U.S. Department of Housing and Urban Development (HUD) Relocation and Real Property Acquisition Regulations contained in HUD Handbook 1377 Dated 11/86 (24 CFT Part 42) and all applicable updates thereto from 24 CFR Part 570 to 1377. B. Phase II - Acquisition ..8 Developmen~ 1. Initiation of Phase II The City will initiate Phase II by ordinance after determining that a sound financial program is in place to finance acquisition and redevelopment according to the Development Action Plan and Schedule. VI - 3 2. Schedule The City shall implement the Plan according to the Phasing Schedule developed during Implementation Phase I. VI - 4 VII. PROCEDURES FOR CHANGER IN THE APPROVED PLAN A. Limits to Plan Modificatlon~ The Downtown Waterfront Urban Renewal Plan may be modified at any time by the City, provided such modification shall be subject to such rights at law or in equity as a purchaser, lessee, or mortgagee, or his successor in interest may be entitled to assert. B. Plan Modification Proces~ If such modification involves a change in a basic concept or character of the Plan, the modification shall be made by utilization of-the same formality and procedures employed in the original adoption of the Plan. VII - i VIII. EXHIBIT~ A - General Location B - Boundary Map C Existina Development D - Land/Water Use Plan E - Desian Concepts F - Land Acquisition G - Zoning Qrdinance Amendment VIII DOWNTOWN~ WATERFRONT URBAN RENEWAL PLAN ._.~ Exhibit A GENERAL LOCATION ~ Project Area VXZX - 2 WATERFRONT URBAN RENEWAL PLAN Exhibit "B" BOUNDARY MAP Project Area Boundary VIII - 3 DOWNTOWN~~------~------I WATERFRONT URBAN RENEWAL PLAN " Exhibit "C" EXISTING DEVELOPMENT VIII - 4 DOWNTOWN URBAN ' PLAN /ttt / //////////~'~ WATER/MARINA SOUTH · Exhibit LAND/WATER USE PL~ Mixed Co~ercial/ Waterfront/CBD Transition ~ea Ferry Te~inal ~ Linear Park/Pathway VIII - 5 WATERFRONT ~ URBAN ~,. RENEWAL ~" ~ PLAN ~ Exhibit "E" DESIGN CONCEPTS Ferry Terminal Area Pathway/Linear Park Interior Parking/Service (Surface or Structure) Public View Platforms ~Open/Undeveloped (Bluffs)  P edestrien Access Ferry Traffic IIIIl"l View C°rrid°r Pr°tecti°n Viewpoint (panoramic views VXTZ - $ DOWNTOWN-------~ WATERFRONT URBAN RENEWAL PLAN EXHIBIT "F" \~,~ SCHEDULE OF LAND jj..~..~ TO BE ACQUIRED BY CITY '~ Project Area IMMEDIATE ACQUISITION INTERMEDIATE ACQUISITION -- LONG-TERM ACQUISITION Public Rights-of-way to be Acquired -- Public Rights-of-way to be Vacated VIII - 7 WATERFRONT URBAN RENEWAL PLAN Exhibit "G" ZONING ORDINANCE AMENDMENT DOWNTOWN WATERFRONT URBAN RENEWAL DISTRICT (DWUR) DOWNTOWN DESIGN REVIEW OVERLAY DISTRICT (DRO) VIII IX. ATTACHMENTS I - Property Rehabilitation Standard~ 2 - ProPosed Arterial Element ~ 4 - Proposed Finance Proc~am 5 - Displacement Plan for CDBG 6 -- "Ultimate" Fe~¥ Terminal ? - Proposed Waterfront Development GuideDl~D 8 -- Urban Renewal Law 9 - Downtown Waterfront Urban Renewal Plan IX - I Attachment i PROPERTY REHABILITATION STANDARDS FOR THE DOWNTOWN WATERFRONT URBAN RENEWAL PROJECT Ail existing properties within the downtown waterfront shall comply to all applicable statues, codes, and ordinances and any amendments to said status, codes and ordinances, regardless of the cost or amount of alteration and repairs to be done. When it is determined by respective code enforcement officials that a property meets all requirements of the Planning Project Rehabilitation Standards, a certification shall be issued by the Director of Planning or his designee. The following codes are hereby incorporated by reference and made part of the downtown Waterfront Property Rehabilitation Standards: Uniform Building Code City of Bremerton Mechanical Code City of Bremerton Plumbing Code · City of Bremerton Fire Prevention Code City of Bremerton All codes regulating City of Bremerton Health Matters In addition to the regulations and standards set forth in the above mentioned statues, codes, and ordinances, properties within the Downtown Waterfront shall comply with the following standards: I. Inspection an4 Correction A careful inspection by qualified persons shall be made of each site, building and accessory structure on each property. Rehabilitation work shall be performed in accordance with the established standards of trades. Structural modification and improvements shall be performed under supervision of qualified and experienced personnel. II. Appurtenances All appurtenances, accessory structures, or equipment which serve no useful purpose, have no visual or historic value, or those in a deteriorated condition which are not repairable shall be removed. Such appurtenances, structures, and equipment includes porches, terraces, entrance platforms, garages, walis, fences, misceIlaneous sheds, signs, water tanks, and obsolete mechanical and electrical equipment. III. Exterior and Interior Finishes 1. Exterior walls, roofs, marquees, doors, windows, trim, and all other exterior exposed surfaces, shall IX - 2 Attachment I ¢Cont.) have a suitable water-tight and reasonably durable covering(s)i.e., free of holes, cracks, excessively worn surfaces, deterioration or other defects. 2. Interior walls, partitions, floors, ceilings, doors, windows, trim, and all other interior surfaces shall be in sound condition and in good repair. Ail serious defects, cracks, splits, excessively worn surfaces, deterioration or other defects shall be repaired, refinished or replaced. 3. Alterations and Repairs -- Ail alterations, repairs, and other improvements shall be harmonious with existing materials. Ail exterior surfaces, whether painted or not, shall be clean. IV. Design The design for rehabilitation of all exterior areas, and those interior areas open to the public, shall be subject to review and recommendations by the Design Review Board. The rehabilitation of existing structures and the desfgn of new structures shall be coordinated to avoid aesthetic conflict. Where practical and permitted, columns, capitals, incandescent lighting, windows, doors, and other familiar and identifying characteristics shall be retained. Modifications of internal planning resulting from use and occupancy requirements (additional stairs, elevators, corridors, exits, environmental systems, etc.) shall be provided with minimum disturbance to the structure as a whole and with materials characteristic to the immediate area. Alternate design solutions not specifically presented by these standards are acceptable if approved by respective code officials. IX - 3 Attachment 2: PROPOSED ARTERIAL ELEMENT (EXCERPT) e JULY 1987 AMENDMENT TO BREMERTON COMPREHENSIVE PLaN 5. IMPROVEMENT CORRIDOR: Downtown Circulation BACKGROUND 1986 DaVy Traffic in Corridor: 18,000 2000 Daffy T~afflc ~n Corfldor: 24,000 Road Capacity Problems: Circulation to permit access to ferry terminal, downtown business, into/out of area Safety Problems: Parking movements, pedestrian conflicts. Transports~/on Func~on: Dual function of allowing traffic flow to major adjacent destinations plus internal circulation for busines-~ Need for Improvement: Naintain fast, convenient, safe, easy to understand flow of traffic into, through and. out of the downtown area. AL'r~NATIVESAND IMPACTS Preferred Alterna~ves: Establish one-way circulation route using Washington northbound, Pacific southbound and 1st and 2nd connecting the two. Impact: Change in circulation will cause short-term confusion and disruption. Improved circulation to one-way operation will reduc~ accidents, improve travel times and benefit downtown businesses. Msximum Bu/ld A/terna~ve: In addition to the preferred routes, add 4th Street and 5th Street as one-way couplets between Washington and Naval. Expand one-way operation on Washington and Pacific to cover 1st to llth. Impact: Additional changes will add to the initial adjustment period when some confusion is expected. Improved circulation wil reduce accidents, improve Gravel times and benefit downtown business. Addition of one-waF to 4th and 5th would increase volumes on these streets, much of this in residential neighborhoods. Increased noise, glare and pollution will result. Do Nothin~A]terna~ve: Nake no improvements /mpac~: Congestion and continuation of status quo may have depressing effects on economic development, will increase inconveniences. IX - 4 Attachment O'R MAJO~ IIlIPR O VEMENT IBaml~l[[ 0 N Ir - W AY · NEW ALIONMEN1 ALTERNATIVE 1, PREFERED KEY · IIIIIIIIII ONE-WAY DEItGNATION m..I~NEW ROAD ON '-- ; · NEW ALIGNMEN' "~'"'~ ALTERNATIVE 2, MAXIMUM *BUILD BUILD ALT, E RNATIVES IX - 5 Attachment 2 {Cont. ~ ALTERNATIVE 1 KEY CIRCULATION (THRU T~AFFIC 4LTERNATIVE 2 IX - 6 Attachment 3 ~IBLIO~P~PHy BREMERTON COMPREHENSIVE PLAN, Adopted 1986: Includes Goals, Policies and Objectives relating to downtown waterfront. Most applicable are the following LAND USE ELEMENT Section: Community Image; Shoreline Land Use; Central Business District Land Use. Makers, BREMERTON WATERFRONT DEVELOPMENT PLAN Report, Prepared June 1986: Includes proposed Goals & Objectives, Allowable Uses, Regulations, Standards and Design Improvements for redevelopment of the downtown waterfront. 1986 BREMERTON WATERFRONT ACTION PLAN,Mayor Gene Lobe: Mayor's recommendation to designate waterfront area as Urban Renewal Area along with related actions to begin implementation. Proposal was endorsed by Bremerton City Council in May 1986. ERA, MARKET RESEARCH REPORT: BREMERTON WATERFRONT DEVELOPMENT, November 1986: A market and financial feasibility study of the downtown Bremerton Waterfront Redevelopment Area. CROSS SOUND CENTER, A REDEVELOPMENT PLAN FOR DOWNTOWN BREMERTON, Jacobson/Waisman Dewar Grout Cannon, 1983: An unadopted proposal for a covered downtown mall adjacent to the Urban Renewal Area. Proposed L.I.D. necessary for implementation failed to get sufficient property owners, support. BREMERTON SHORELINE MANAGEMENT MASTER PROGRAM, Adopted 1977: Regulates and manages uses on the shoreline consistent with the requirements of the State Shoreline Management Act of 1971. BREMERTON ZONING ORDINANCE, Adopted 1988 and subsequently amended: Establishes zoning districts and regulates uses within zones. DOWNTOWN BREMERTON URBAN PLANNING AND DESIGN STUDY, UW Urban Design Studio, June 1985: Recommends physical and operational changes to improve the image and vitality of downtown Bremerton. Includes suggestions for linking the waterfront with the CBD visually, functionally and physically. IX - 7 Attachment 4 PROPOSED FINANCE PROGRAM The followlng is an inltial proposal for a program relating to financing private projects within the Urban Renewal Project Area, as outlined by the Cit~ of Bremerton Department of Community Development. INTRODUCTION The City acknowledges the unusual burden placed on property owners within the slums and blight area during an urban renewal process. ?roperty owners within the area are being asked to perform under the following conditions: A. Pay modern rehabilitation costs in a market with depressed rental rates; E. Work under high quality design standards which are new to the Bremerton market and which are not imposed on surrounding properties; C. Perform to an externally imposed design schedule which seeks to set new market standards rather than follow market standards, thereby increasing risk on behalf of the developer; While the City acknowledges these impa~t~ on owners within the area, the City also recognizes the validity in establishing these standards. The properties have been left to deteriorate to such an extent that they are a detriment to the City and improvement to these properties will bring benefits to the properties' owners with the security that immediately adjacent properties will develop to the same quality standards and with proximity to a concentration of public amenities which will enhance the value of the properties within the area. In order to mitigate the development risks in the area and to forge a meaningful partnership on both physical design and financial responsibility, the City will undertake an effort to identify federal, state, local, and private funds which can be used to augment private investment within the area. The urban renewal area will be designated the primary target area for the application of such programs and the City will seek to develop a public private partnership to support the financial needs of development within the area. POLICIES A. The City of Bremerton will actively seek public and private dollars to be used to mitigate private development risks within the urban renewal area. IX - 8 Attachment 4 (cont.) B. While such dollars may be used in other parts of the City the City will clearly establish the urban renewal area as the top priority area for the application of such programs. Such programs can only be utilized in other areas if no worthy projects can be identified within the urban renewal area. C. The City recognizes that properties owners adjoining the urban renewal area will enjoy distinct benefits from the work of property owners within the urban renewal area. With this recognition, the City will seek to develop financial programs involving surrounding property owners in order to assign costs to benefactors in a more equitable basis. OBJECTIVES A. U.S. Department of Housing and Urban Development Urban Development Action Grant applications from the Urban Renewal Plan will have first priority from the City. B. · U.S. Department of Housing and Urban Development Community Development Block Grant economic development and slums and urban blight projects will have first priority from urban renewal area will have first priority from the City. c. Other public facilities grant and loan programs will be reviewed with first priority for projects from the Urban Renewal Area. IX - 9 Attachment 5 DISPLACEMENT PLAN FOR CDB~ Introduotion The 1983 Amendments to the Housing and Community Development Act require CDBG Entitlement grantees to adopt a plan to minimize displacement of low and moderate income persons caused by CDBG activities and to assist displacees if displacement is unavoidable. This Federal requirement results from situations in other parts of the country where the cumulative effect of CDBG improvements has generated private market activity. Rents have gone up and older houses and businesses have been demolished to make room for new high-rent buildings. In these situations the improvement of low and moderate income areas has actually resulted in displacing the low and moderate income residents rather than benefiting them. Plan to Minimize Displacemen~ The City of Bremerton will give priority for CDBG funds to projects which: - use vacant buildings on properties; - do not demolish buildings currently housing low and moderate income tenants; - require no relocation or only temporary relocation; - use properties being voluntarily sold by the owner occupant so relocation is not the direct result of the project; - will not cause increases in neighborhood rents as a result of cumulative impacts of CDBG investment in the neighborhood. Projects which include displacement will compete less favorably with projects which accomplish the same purpose without displacement. Plan to Assist Displacee~ For projects where displacement is unavoidable, the City of Bremerton will require project grantees to follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 guidelines for financial and relocation assistance. Potential relocatees are entitled to benefits if they occupied the property when it was identified for CDBG funding by legislative action or 90 days prior to initiation or negotiations to acquire the property, whichever is earlier. IX- 10 Attachment $ (Cont.) Displacement benefits outlined in more detail in HUD Handbook 1376.1, may include: Residen__~ial - Tenants - up to $4,000 housing cost supplement plus moving costs up to $500 and help £inding other affordable housing; Owners - involuntarily displaced, up to $15,000 new mortgage supplement plus moving costs up to $500. - Tenants displaced through the actions of CDBG activities shall be offered comparable replacement units if available, provided such displacees are income eligible for such housing. Non-Resldential - Business or operating farm - between $2,500 and $10,000 moving and loss of business cost; - Non-profit agency - $2,500 moving and loss of business cost. CDBG applications for projects where relocation will occur must include a budget covering the maximum benefits to relocatees and the realistic staff and operating costs associated with helping relocatees move. IX- 11 Attachment 6 "ULTIMATE,, FERRY TERMINAL Source: Bremerton Ferry Terminal Location and Conceptual Design Study: An Intermodel Facility, The TRANSPO Group Inc., Kramer, Chan and Mayo, Inc., & Carolyn Brown, for the Washington State Department of Transportation, 1980. IX- 12 Attachment ? PROPOSED WATERFRONT DEVELOPMENT GUIDEPL~N Attachment ? (oo~t.) IX- 14 Attachment 8 URBAN RENEWAL L~W IX- 15 Attachment 8 (cont.) IX- 19 Attachment 9 ORDINANCE NO.. 4~87 AN ORDINANCE CREATING A DOWNTOWN WATERFRONT URBAN RENEWAL DISTRICT PROJECT AREA IN WHICH URBAN RENEWAL TECHNIQUES AND POWERS ARE AUTHORIZED; ESTABLISHING A DESIGN REVIEW OVERLAY DISTRICT WITHIN WHICH CERTAIN PLAN PROVISIONS APPLY; ESTABLISHING URBAN RENEWAL POLICIES AND PROJECT AREA GOALS AND OBJECTIVES; DESIGNATING LAND/WATER USE AREAS; ESTABLISHING A DESIGN REVIEW BOARD; PRESCRIBING DEVELOPMENT CONTROLS; DESIGNATING PROPERTIES SUBJECT TO ACQUISITION; PRESCRIBING PROPERTY REHABILITATION STANDANDS; DESIGNATING PROPERTIES FOR PROJECT IMPROVEMENTS; ESTABLISHING AN IMPLEMENTATION PROGRAM; ESTABLISHING PROCEDURES FOR MODIFYING THE PLAN; AND AMENDING BREMERTON ZONING ORDINANCE NO. 4172 ACCORDINGLY. WHEREAS, the City Council of the City of Bremerton did in 1977 pass Resolution #1730 finding and concluding certain areas of.the City to be a blighted area; and WHEREAS, the City Council of the City of Bremerton did in 1986 pass Resolution %2117 confirming and reaffirming Resolution #1730 and directing the Mayor and his staff to prepare an urban renewal plan and project for that area bound by Washington Street on the west, the Outer Harbor line on Sinclair Inlet on the east, Puget Sound Naval Shipyard on the south, and the northerly line of Fifth Street extended easterly as a "Blighted Area" as described in RCW Chapter 35.80; and WHEREAS, the 1986 Economics Research Associates Market Research Report on the Downtown Waterfront Urban Renewal Project Area, concluded that substantial space devoted to open space, parks~ plazas and amenities, and a high level or coordinanted public and private action and a strategy for implementation with joint financing of specific actions would be required to develop a setting that would attract businesses and residents from regional markets; and WHEREAS, the Bremerton Department of Community Development issued a Discussion Draft of the Downtown'Waterfront Urban Renewal Plan in July 1987; and WHEREAS, the Bremerton Department of Community Development issued a Final Environmental Impact Statement (EIS) on the Draft Downtown Waterfront Urban'Renewal Plan on March 24,1988, in accordance with the State Environmental Policy Act of 1971 as amended; end 'WHEREAS, the Bremerton Planning Commission held two public hearings on the proposed Urban Renewal Plan during March, 1988, and recommended approval of the Plan in May 1988; and IX - 20 Attachment 9 (cont.) WHEREAS, the City Council of the City of Bremerton held several duly advertised study meetings and two public hearings on the proposed plan between October and December 1988; and WHEREAS, notice was given for the City Council public hearing of December 28, 1988 pursuant with the notice requirements of the State Urban Renewal Statute RCW 35.81.060(2}-(6); and WHEREAS, the proposed Plan is consistent with the Urban Renewal Statute [RCW 35.81.060(4)] requirements for approval of an urban renewal project as follows: 1. A workable end feasible plan exists for making available adequate housing for the persons who may be displaced by the project, whereby the proposed Plan provides for development of a Project Area Relocation Plan, and for compliance with the City of Bremerton Displacement Plan For Community Development Block Grant (CDBG), if acquisition of property is commenced prior to development of a Project Area Relocation Plan; and 2. The proposed urban renewal plan conforms to the adopted Bremerton Comprehensive Plan, whereby the adopted Bremerton Comprehensive Plan calls for redevelopment of the downtown waterfront t6 create a focal point of the downtown and an improved image of the City; and 3.' The proposed urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or .redevelopment of the urban renewal area by private enterprise, whereby the proposed Plan: provides for a two-year period before acquisition of non-compliant properties; and.provides for acquisition only if owners do not choose to comply with the Plan; and 4. A sound and adequate financial proqram exists for the financing of said project, whereby the proposed Plan provides for: targeting of CDBG and other available grant/loan programs as a priority for construction of public facilities within the Project Area; for development of a sound financial program to finance acquisition and redevelopment during Proj6ct Implementation Phase I; and for initiating the Phase II Acquisiton and Development phase only after such program is in place; and IX - 21 Attachment 9 (cont.) 5. The urban renewal P~oSect area is ~ blighted area as defined in RCW 35.81.010(2); whereby the City of Bremerton caused to be prepared An Evlaution of Blight Conditions Report on the downtown waterfront area west of Washington Avenue between the Puget Sound Naval Shipyard and the Manette Bridge by William B. Reems, C.C.I.M., C.R.B., C.R.S.,' Senior Certified Appraiser, in January 1984 and an update of that report in December 1988, finding the area in question to be in a state of "blight"; now therefore THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: That the document attached hereto as Exhibit "A" and entitled "Downtown Waterfront Urban Renewal Plan" is incorporated herein and hereby adopted, to become effective ten (10) days from the date of passage of this Ordinance. SECTION 2: - That the Department of Community Development is directed to commence developing the Implementation Phase I Project Report immediately, and to present such report to the City Council no later than July 1, 1989. F~,~ APP, ROVED on the first reading this ~ day of ~ , 1989. this /~_PASSED oh second reading by the Bremerton City Council, day of . ~-_b~~' , 1989. y Coundil ! , APPROVED this ~ day of ~J [~,~ ~t~,~ , 1989. ' .OBE,. ayor ATTEST: KATHLEEN L. McCLUSKEY City Clerk PUBLICATION ORDINANCE NUMBER IX - 22