HomeMy WebLinkAbout2938 RESOLUTION NO. ~ ~ ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the preliminary plat and
planned unit development (File No. BP04-00231).
WHEREAS, the City has received an application for a Preliminary Plat and a
Planned Unit Development for a 2.486 acre parcel located at the northeast comer of North
WycoffAvenue and 25th Street from Tiferet LLC; and
WHEREAS, On June 15, 2004, the Administrative Hearing Examiner held an
open record heating on the applications pursuant to BMC 21.02.855; and
WHEREAS, the Administrative Hearing Examiner has entered findings,
conclusions and a recommendation to the City Council dated June 28, 2004, for Council's
acceptance and approval; and
WHEREAS, a closed record heating was held ort~tt,~.e~s~', 2004, to
consider the Administrative Heating Examiners findings, conclus'iofis and recommendations;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves and adopts the findings,
conclusions and recommendation of the Administrative Hearing Examiner attached and
incorporated herein as Exhibit "A" and approves the Preliminary Plat and Planned Unit
Development for North Wycoff Avenue and 25th Street (File No. BP04-00231) subject to the
proposed conditions contained in Exhibit "A."
SECTION2. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this
day of t'~.,, ~,.~/'j ,2004.
DAREN NYGREN, Cda&a~il President
APPROVED AS TO FO '
mey A(YL~ )~t~TON, City Clerk
R:\LEGALhR~esolutions\Comm~gniW'Development\Wycoff p UD.doc
l
North Wycoff Preliminary Plat and PUD
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF BREMERTON
BUILDING DEP,,~RTt~E~q
In the Matter of the Application of ) NO. BP04-0023 I
) Wycoff Dwelling Units
Tiferet LLC, )
) FINDINGS, CONCLUSIONS
For Recommendation of a Preliminary Plat ) AND RECOMMENDATION
and Planned Unit Dew~lopment. )
)
SUMMARY OF ~COMMENDATION
The Heahngs Examine, r recommends to the Breme~on City Council that the request for approval
of a Prelimina~ Plat and Pla~ed Unit Development (PUD) to subdivide 2.486 acres of land into
22 individual lots in order to construct 22 dwelling units at the no~heast comer ofNo~h Wycoff
Avenue ~d 25th Street be G~NTED, with conditions. The appeal of the Mitigated
Detemination of Nonsi~ificance is denied.
Development of this proposed project is dependent upon approval of a Shoreline Substantial
Development Peri, it. The Shoreline Substantial Development Pe~it will be decided by the
Director of the City of Bremenon's Depa~ment of Community Development.
SUMMARY OF ~CORD
Request
M~k Goldberg ofTiferet LLC (Applicant) requests approval of a Prelimina~ Plat and a Plied
Unit Development to plat a 2.486-acre parcel of land into 22 residential lots for the pu¢ose of
constructing dwelling units. The subject prope~y is located at the no~heast comer of NoNh
WycoffAvenue ~d 25?` Street, Breme~on, Washington.
Hearing Date
The Hearings Examiner for the City of Breme~on held an open record hearing on the matter on
June 15, 2004. The City recommended approval at the hearing, the Applicant expressed
a~eement with the recommended conditions, ~d several citizens spoke in favor of the proposed
development. There was also testimony offered in opposition to the proposed development.
Testimony
~e following individuals presented testimony under oath at the open record hearing:
1. Robe~ Gmmbach, City ofBreme~on Depa~ment of Community Development
2. Brett Vincent, Assistant Attorney for the City of Breme~on
3. Dh Ralph, City ofBreme~on Depa~ment of Ecology
-4. Paul Waffdhffg; City bfBreme~on Depamnem of Public Works & Utilities 5. Kei~ Maehlum, for the Applicant
6. M~k Kuhlman, Civil Engineer, Team 4 Engineers
7. Phil Olwell, Citizen
8. Sam McManus, Citizen
9. Donald Flanig, Citizen
10. Jason Skifstaff, Citizen
11. Chris Thatcher, Citizen
12. Larry Taylor, Citizen
Exhibits
The following exhibits were admitted into the record at the open record hearing:
1. Exhibit 1: StaffReport
2. Exhibit 2:
Attachment A: Application
Attachment B: Comprehensive Plan Designation Map
Attachment C: Shoreline Environmental Designation Map
Attaclmnent D: MDNS & Checklist
Attachment E: Applicant letter requesting additional information
Attachment F: Documents regarding cleanup of contaminated soils
Attachment G: City ordinances regarding the zoning designation
Attachment H: Court and Shoreline Hearing Board decisions relating to vieTM
corridor
Attachment I: Neighborhood Meeting material
Attachment J: Geoteclmical Report
Attachment K: Shoreline jurisdiction site plan
Attaclmnent L: Site pictures
Attacbanent M: Conditional Water & Sewage Availability letter
Attactunent N: Preliminary Storm Drainage Report
Attachment O: City Engineer traffic analysis email
Attachment P: City comments
Attachment Q: Local and State Agency comments
Attachment R: Public comments received
Attachment S: Notice
Attachment T: Power Point Hard Copy
Attactunent U: Correspondence from B & A, lnc., dated June 15, 2004
Attactunent V: Email from Steve Erland
Attachment W: Letter from Nadine Bruns
Attachment X: Comments from City Staff
Attachment Y: Rezone MDNS from 1994
Attachment Z: City's Response to SEPA MDNS Appeal
Attachment AA: Aerial View of the Site
Attachment BB: Report on the Pier
Attactunent CC: ElS Reversal from 1994
Attactunent DD: Comments from Sam McManus
Attactunent EE: Comments from Chris Thatcher
Attachment FF: SEPA MDNS Appeal
Attachment GG: City's Response to Mr. Thatcher's Comments
Attachment HH: Additional Documents from Proposed 1994 Rezone
Attachment II: Letter from Washington State Dept. of Fish and Wildlife, dated
February 10, 2004
Findings, Conchtsions & Recommendatio~
Wycoff Dwelling Units, NO. BP04-00231
Page 2
Attachment J J: Additional Notice Documents
Attaclunent KK: City's Response to SEPA MDNS Appeal, continued
Attachment LL: Appellant's Answer to City's Response to SEPA Appeal
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings, Conclusions and Recommendation:
FINDINGS
1. The Applicant requests approval of a Preliminary Plat and a Planned Unit Development
(PUD) to subdivide 2.486 acres into 22 lots with residential dwelling units, t The subject
property is located at the northeast comer of North WycoffAvenue and 25th Street,
Bremerton, Washington.2 Exhibit 1. StaffReport, pages 1-2; Exhibit 2, Attachment B,
Application, page 3.
2. The property was zoned Single Family Residential (SF2) in 1988. In 1993 a Mr.
Haselwood filed a rezone application to develop the property as Single Family
Residential (SF3). However, the site-specific rezone application was never acted upon
because Mr. Haselwood withdrew his application. In 1996 the City of Bremerton's ~
Comprehensive Plan was updated and, as part of an area-wide rezone to accomplish
consistency with the zoning code and the Comprehensive Plan, the property was rezoned
SF3 by the Bremerton City Council. In 1997 an Emergency Ordinance was passed by the
City Council in response to a decision by the Growth Management Heating Board. At
that time the property, again as part of an area-wide rezone, was rezoned by the Council
as Single Family Residential Low Density (SF3), which is the current zoning designation
and the zoning designation vested for this request. Exhibit 1, Staff Report, pages 1, 7-8.
Area-wide rezones are legislative actions that do not require individual notification of
property owners. Such legal notices are generally published in the official newspaper.
Exhibit 1, Staff Report, page 8; Testimony of Mr. Grumbach; Exhibit 2, Attachment HH
3. The site was formerly used as a bulk fuel storage and distribution site operated by Unocal
Oil. The storage tanks were removed by 1980 and the supporting structures were
removed by 1989. Hydrocarbon contamination in the soiI resulted from the fuel storage.
State-required mitigation to cleanup the soils was completed and two reports, dated June
19, 1987, and March 7, 1989, concluded that the remaining levels of contamination were
safely below the maximum allowed levels. The City contacted Neal Wood at the
Washington State Department of Ecology who deten~nined that there were no existing
concerns about the safety of the soils. However, Mr. Woods directed that if high levels
of contaminates are discovered duting construction (indicated by strong odors or fumes),
~ By separate application, the Applicant also requests approval of an administrative Shoreline Substantial
Development pmTnit which will be decided in a separate administrative decision.
- The parcel s legal descnpt on is: a portion of government lot 7, section 10, township 24 north, range 1 east, W.M.,
in Kitsap County, Washington (not a complete description). The parcel number is recorded as Tax Account Number
102401-4-029-2004.
Findings, Conclt~sio~s & Recommendation
Wycoff Dwellitzg Units, NO. BP04-00231
Page 3
the Washington State Department of Ecology should be contacted. Exhibit 1, Stqff
Report, page 7.
4. The Applicant has proposed the PUD for development of the 22 dwelling units to allow
reduction of the zoning side yard setbacks required by Code in the SF3 zone. The
Bremerton Municipal Code has specific standards for a PUD that are set forth in Chapter
21.02 which address perimeter and interior setbacks; height restrictions; open space
requirements; minimum lot size requirements; street and pedestrian circulation standards;
and parking requirements. The proposed subdivision would contain 22 lots ranging in
area from 1,564 square feet to 5,264 square feet. Perimeter setbacks would range from 15
feet to 25 feet. Exhibit 1, Staff Report, pages 13, 15-16. The development, as proposed,
meets the bulk and setback requirements for a PUD established in the Bremerton
Municipal Code. Exhibit 1, Staff Report, pages 11-16; Exhibit 2, Attachment GG
5. The subject property is currently undeveloped and contains a fir, cedar, maple, and alder
tree canopy, and a relatively thick understory of small trees. The site also contains
blackberry bushes, horsetails, ferns, and salmonberry bushes. Exhibit 1,Staff Report,
page 3.
6. The subject property is currently served by public water and sanitary sewer services,
Access to the site will made available through two ingress/egress points on 25th Street.
Two off-street parking spaces per dwelling will be provided. Exhibit 1, Staff Report,
page 3; Testimony of Mr. Grumbach.
7. On site is an old pier. Renovation or removal of the pier is not part of the Applicant's
proposal. Any action on the pier will require further administrative review. Testimony of
Mr. Grumbach.
8. The Applicant would place a fence at the perimeter of the development that would be
approximately 6 feet in height and constructed of wood, possibly cedar. Testimony of
Mr. Maehlum.
9. The Applicant proposes using a direct discharge system for storm water. There would be
no detention or retention pond for the ston~n water, but a water-enhancing bioswale would
be installed as a means to treat the water prior to its release into the Port Washington
Narrows. The Washington State Department ofFish and Wildlife indicated that a
Hydraulic Project Approval (HPA) permit is required for discharge of storm water
directly into the Port Washington Narrows. The City of Bremerton Engineer must
approve final storm drainage plans and an HPA must be issued prior to finalizing the
PUD/Subdivision. Exhibit 1, Staff Report, page 22; Exhibit 2, Attachment N; Testimony
of Mr. Wandling
10. The subject property slopes steeply (greater than 40 percent) adjacent to WycoffAvanue
North. It slopes east downward at approximate 22 percent slopes. The eastern portion of
the parcel is relatively flat with the eastern edge of the site ten-ninating in steep slope low
marine bluffs between 3 and 12 feet high. The 40 percent slopes classified the site as
containing Landslide Hazard Areas, Steep Slopes and an Erosion Hazardous Area
Findings, Conchts£ons & Recommendation
Wycoff Dwelling Units, NO. BP04-00231
Page 4
pursuant to BMC Section 21.22.100(b)(2), (3)(v), and (4)(ii). Such areas cannot be
disturbed unless a geotechnical report supports modification of the standards pursuant to
BMC Section 21.22.100(c)(2). Golder Associates prepared the Geotechnical
Investigation of Pro,ject Site at 25th Street and Snyder Avenue N, dated April 5, 2004. An
addendum to that report was dated May 26, 2004. The investigation found no geologic
hazards that would preclude development of the site as proposed. Exhibit l, StqffReport,
pages 3, 16; Exhibit 2, Attachment GG.
11. Approximately one half of the subject property is covered by the Bremerton Shoreline
Master Program (SMP) which contains a number of site development standards,
including height restrictions to preserve view corridors. The view corridor was
determined to be from the nearest public street, 25th Street. The view corridor was
calculated using only that portion of the property that is subject to shoreline.jurisdiction.
The entire parcel's width is 433 feet, rendering a view corridor of 151 feet. Such a view
corridor would disallow development in 75.8% of the property in the shoreline
jurisdiction, a restriction that is inconsistent with the intent of an urban residential
environmental designation. As calculated from 25th Street, using only that portion of the
parcel sub,ject to shoreline,jurisdiction, a minimum view corridor of 70 feet is required.
The Applicant's proposed view corridor is 89 feet 6 inches. The proposed development
does not impair views of the water from upland residential properties, given that the
proposed height of the dwelling units would be elevated approximately 8 feet above the
existing street grade. If the Applicant were to develop the uphill townhouses to the
maximum allowed zoning height of 30 feet, the dwelling units would only be elevated 17
feet above the existing street grade. Exhibitl, Staff Report, page 8-11; Exhibit 2,
Attachment H; Exhibit 2, Attachment T; Testimony of Robert Grumbach.
12. Pursuant to BMC 21.02.490, a minimum 20% of the total area of the PUD shall be
dedicated as common open space. The proposed open space of the development would
be located in two tracts that would be connected by an open space corridor between units
4 and 5, which would also be part of the common open space. The site plan shows a 25-
foot perimeter setback from the Ordinary High Water Mark (OHWM), though only a 15-
foot perimeter setback is required. The area between the 15-foot perimeter setback and
the 25-foot perimeter setback is considered common open space. The total proposed
common open space accounts for 23% of the total area of the PUD (20.1% if the
additional OHWM setback area is not included). At least two-thirds of the common open
space in the site plan is "active" open space, as required by BMC 21.02.490(d)(3).
Exhibit 1, Staff Report, pages ]4-15; Testimony of Mr. Grumbach; Exhibit 2,
Attachment GG.
13. The allowable housing density in the SF3 zone, with 15% of the site designated as open
space, is a maximum of 8 dwelling units per acre. The allowable housing density under a
Planned Unit Development (PUD), with 20% of the site designated open space, is a
maximum of 10 dwelling units per acre. The proposed 22 dwelling units on a 2.486-acre
lot, with more than 20% designated open space, yields a housing density of 8.9 dwelling
units per acre, which is permitted with the PUD. Exhibit 1, Staff Report page 13.
Findings, Conclusio~w & Recommendation
Wycoff Dwelling Units, NO. BP04 00231
Page 5
14. As required by Section 5-19 of the Bremerton SMP, "improved public access" to the
shoreline must be provided. The Director of the City of Bremerton Department of
Community Development deten,ained that the eastern segnnent of the public sidewalks
located adjacent to 25th Street meets the requirement for improved public access, as it
provides excellent visual access to the shoreline environment. Moreover, he determined
that the improved public physical access should not be extended to the waterfront
because limiting disruptions to the marine bluffs is in the public interest and monitoring
irresponsible behavior on the waterfront would be difficult for the property owners. As
previously noted, permits pursuant to the state shoreline Act will be reviewed separately
(See Fn. 1). Exhibit 1, Staff Report, page 20; Testimony of Mr. Grumbach.
15. The City of Bremerton submitted the proposal to other state and local departments for
review and comment. The City of Bremerton Engineering Division of the Department of
Public Works & Utilities submitted two letters dated January 9, 2004, and January 27,
2004, in which it recommended approval of the PUD subject to compliance with sewer,
street, lighting, and erosion control standards. Exhibit 1, Staff Report, page 23; Exhibit
2, Attachment M; Exhibit 2, Attachment ?. The City of Bremerton traffic comments
were submitted by email on May 19, 2004. In that analysis, Paul Wandling, a city
official, reported no significant traffic impact resulting from the proposed development.
At most, he noted, traffic would increase in the area by one vehicle every three minutes.
Exhibit 1, Staff Report, page 23; Exhibit 2, Attachment O.
16. The Washington State Department of Fish and Wildlife (WDFD)submitted a letter on
February 10, 2004, that recommended approval of the PUD, but listed several concerns.
The project would require a Hydraulic Project Approval, to be issued by WDFD;
bulkheads should not be permitted on the site; non-native plant species should be
replaced with new native vegetation; and, personnel should be contacted at WDFD to
determine whether a bald eagle management plan is necessary prior to the removal of any
trees? Exhibit 1, Staff Report, pages 23-24; Exhibit 2, Attachment Q; Exhibit 2,
Attachment I1. An email submitted by Sandra Lange of the Washington State Department
of Ecology on February 12, 2004, stated that the view corridor was adequate, given the
odd shape and depth of the lot. Exhibit 1, Staff Report, page 24.; Exhibit 2, Attachment
Q. Finally, the Bremerton - Kitsap County Health District offered general suggestions
relating to the use of non-hazardous fill materials. Those suggestions were submitted in
writing on February 24, 2004. Exhibit 1, Staff Report, page 24; Exhibit 2, Attachment Q.
17. Several witnesses presented oral testimony at the hearing. While they supported the
proposed development, all witnesses at the hearing expressed concern with aspects of the
proposal. Their concerns were as follows: 93% of the land will be cleared; an
Environmental Impact Statement should be completed to ensure the sustainability of the
development,; all of the conditions set forth in the MDNS are required by statute and thus
the Applicant is not required to expand on amenities; the storm water drainage system is
questionable because the system may be nearing its capacity; the project will not be in
~ Upon review, the Washington State Department ofFish and Wildlife affirmed that there is no need for a bald eagle
management plan prior to the removal of trees. The eagles use the site only for perching. Testimo~tv of Mr.
Grambach.
Findings, Conclusions & Recommendation
PTycoff Dwe[ling Units, NO. BP04-00231
Page 6
harmony with the neighborhood's character; the zoning of the area should remain SF2;
traffic will worsen markedly as a result of the development; insufficient public access is
proposed; a fence around the property will further isolate the parcel from the
neighborhood; the proposed open space is insufficient; the shoreline setback was
incorrectly calculated; the proposed view con'idor is insufficient; and the PUD process is
not in the best interest of the citizens. Each of these concerns was addressed in the Staff
Report or at the hearing. Testimon), oj~ Mr. Olwell; Testimony pfMr. McManus;
TestimolO, of Mr. Flanig; Testimony of Mr. Sk(fktaff; Testimony of Mr. Thatcher;
Testi~norLv of Mr. Ta_vlor.
18. Pursuant to the Washington State Environmental Policy Act (SEPA) (RCW 43.21C), the
City of Bremerton was designated lead agency for review of environmental impacts
caused by the proposal. Upon review of an environmentaI checklist and the requirements
of city ordinances, the City's responsible official determined that the proposal would not
have probable significant environmental impacts. He issued a Mitigated Determination
ofNonsignificance (MDNS) on May 28, 2004. Exhibit 1, Staff Report, page 28; Exhibit
2, ,4ttachmentD. A timely appeal of the MDNS was received by the City on June I t,
2004. In his appeal, and in his rebuttal dated June 22, 2004, Mr. Olwell asserts inter alia
that the public's involvement in the process was compromised; an Environmental Impact
Statement (EIS) should be required; the current zoning designation is incorrect; and that
the lead agency failed to consider existing documents relevant to the parceI's
environmental history. The MDNS appeal did not include a statement of standing or a
signed statement that the facts of the appeal are true. Mr. Olwell's answer did include a
signed statement that the facts of the appeal and of the rebuttal are true. Exhibit 2,
Attachment FF; Exhibit 2, Attachment LL.
19. The City of Bremerton issued a written response to the MDNS appeal on June 15, 2004.
In the response, the City answered that the zoning designation and all other factors of the
proposed development are consistent with the City of Bremerton's Comprehensive Plan,
the City of Bremerton's Shoreline Management Program, and all other regulations.
Moreover, the City urged that the appeal failed to meet its burden of proof in that it
claims violations of local and state laws and regulations without citing specific facts to
support such allegations. The City requested that the Hearing Examiner dismiss the
appeal. Exhibit 2, Attachment Z; Exhibit 2, Attachment KK.
20. Notice of proposed land use and SEPA actions was posted on the subject property on
February 9, 2004, published in The Sun on February 2 and 9, 2004, and mailed to
adjoining property owners on February 3, 2004. A second notice of proposed land use
and SEPA actions was posted on the subject property on April 30, 2004, published in the
The Sun on April 30, 4004, and mailed to adjoining property owners on April 28, 2004.4
A notice of revised shoreline and SEPA applications was posted on the subject property
on May 7, 2004, published in The Sun on May 7, 2004, and mailed to adjoining property
4 A second notice of proposed land use and SEPA actions was required because the geotechnical report of the site
resulted in a revised site plan and the reduction from 24 to 22 proposed dwelling units. Such significant changes
required a second notice and a second comment period. Erhibit 1, Stc(fReport, page 6.
Findings, Conclusions & Recommendation
~vcoffDwelling Units, NO. BP04-0023!
Page 7
owners on May 6, 2004.5 Notice of public hearing was posted on the subject property on
May 28, 2004, published in The Sun on May 28, 2004, and mailed to adjoining property
owners on May 26, 2004. All notices were given in accordance with the City of
Bremerton's notice requirements set forth in BMC 21.02.895. Exhibit 2, Attachment S.
CONCLUSIONS
Jurisdiction
Pursuant to Sections 2.13.070, 2.13.080 and 21.02.855 of the Bremerton Municipal Code
(BMC), the Hearings Examiner for the City of Bremerton has jurisdiction to hold open record
pre-decision hearings on Preliminary Plat and Planned Unit Development applications and
recommend action to the City Council. The recommendation may be to approve, approve with
conditions, or deny the application. BMC 2.13.110.
Criteria for Review - MDNS Appeal
The Hearing Examiner is directed in BMC 21.02.935 to review land use and development
decisions that are subject to appeal based on, in part, the following criteria:
(g) Content of Appeal: An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the
following information:
(1). Appellant's name, address and phone number.
(2). Appellant's statement describing his or her standing, as a party of
record, to appeal.
(3). Identification of the application which is the subject of the appeal.
(4). Statement of grounds for appeal and the facts upon which the appeal is
based.
(5). Statement of the relief sought, including the specific nature and intent.
(6). A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
(j) The appellant shall bear the burden of proving the administrative decision was
not supported by substantial evidence.
s A revised notice of shoreline and SEPA applications was required when the City learned that 1,000 yards of cut
and 9,000 yard of fill would be removed during development. That information was not available and needed to be
included in the SEPA, resulting in revised shoreline and SEPA applications and an additional comment period.
Exhibit 1, Str~f Report, pctge 6.
Findings, Conch~sions & Recomme~datio~
Wycoff Dwelling Units, NO. BP04-00231
Page 8
Criteria for Review - Preliminary Plat
To recommend approval of a Preliminary Plat, the Hearing Examiner must find that the
application satisfies the criteria for a Preliminary Plat; is consistent with the Comprehensive
Plan; and conforms to all applicable City development regulations, minimum standards, and
design guidelines. BM6' 21.02.885. The criteria for approval of a Preliminary Plat are found in
Chapter 58.17 of the Revised Code of Washington. Pursuant to RCW 58.17.110(2), a
Preliminary Plat application may not be approved unless:
(a) appropriate provisions are made for the public health, safety, and general welfare and
for such open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school; and
(b) the public use and interest will be served by the platting of such subdivision and
dedication.
Criteria for Review - Planned Unit Development
1. BMC Sections 21.02.480 and 21.02.490 require a PUD to conform to the following general
and specific criteria:
General Standards
(a) The location, design, and uses of the PUD shall be consistent with the
Comprehensive Plan, Bremerton Shoreline Management Program, and with other
applicable plans and ordinances adopted by the CIO,.
(b) The PUD shall be integrated with its surroundings and designed to harmonize
with existing or proposed development in the neighborhood. In the case of a
depart~n'e in character fi'om the s~trrounding land uses, the scale, intensiO; and
design shah adequately reduce the impact of the development in such a wa), that
the project will not be detrimental to the neighborhood.
(c) The traffic generated by the PUD shall be accommodated sqfely and within the
adopted Levels of Service for affected streets.
(d) All development will be adequately setnaed b3, existing or planned facilities and
(e) The PUD will result in an attractive, health~d, efficient and stable envi~wnment
for living, shopping, working, and leisure activities.
(f) The development plan shall make adequate and appropriate provision for the
prese~vatio~* of the environment, both natural and man-made, and the
conservation of energy.
Findings, Co~clztsions & Recomme~datio~t
Wycoff D~velling Units, NO. BP04-0023!
Page 9
Specific Standards
(a) Parcel Size: An area not less than one (1) gross acre in size may be considered
for a PUD...
(b) Perimeter and Interior Setbacks:
(1) ...If the PUD includes a combination of zones, the most restrictive setbacks
shall apply. Reduced setbacks ma); be considered when not adjacent to the
perimeter of the PUD.
(2) The perimeters of all PUDs one acre or larger in area shall maintain
minimum fi~ont, side, and rear setbacks according to the height of the
buildings, as follows:
Height (in ft) Front Side Rear
0-25 20 ft. 10 ft. 10 ft.
25-35 25 ft. 15 ft. 15 ft.
Over 35 30 ft. 20 ft. 20 ft.
(3) To meet perimeter setback requirements, strz,ctures may be designed to step
back as height increases. For example, the first 25fi. ora building may be
constructed with a 20fi. fi~ont setback but additional height would require a
greater setback.
(4) Non-perimeter setbacks within the PUD shah be based on the required
setbacks of the underlying zone buy may be modified through the PUD
process to achieve project design objectives.
(c) Height: Building heights in a PUD may be varied from the underlying zone
district(s). However, building heights shall be compatible with the scale of the
surrounding neighborhood to maintain privacy, retain scenic views, and ensure a
reasonable balance of light and shadow on adjacent properties.
(d) Open Space:
(1) A minimum of fifteen percent (15%) of the total area of a PUD shall be
dedicated as common open space. Open space shall be provided for active as
well as passive recreational activities, and for the preservation of existing
natural site amenities whenever possible...
(2) Open space and supporting facilities intended for recreational use shall be
designed and located to not adversely impact surrounding land use, especially
exiting residential uses.
Findings, Conclusions & Recomme~dation
Wycoff Dwelling Units, NO. BP04-00231
Page 10
(3) Open space and its intended uses shall be clearly designated on the site plan.
At least two-thirds of the open space area shall be suitable for active
recreational purposes. The City will base its acceptance of these areas on
their dimensions, usability, location, slope, and physical improvements ....
(e) Circulation
(1) All streets and rights-of-way shall be dedicated, designed and constructed in
accordance with the City's adopted street standards.
(2) Interior roadways that do not provide access to individual lots, but that
provide access to individual structures, apartment buildings, or manufactured
homes on a single lot, are considered driveways, are not subject to street
development standards, and their adequacy of design will be reviewed and
decided through the PUD process.
(3) A pedestrian circulation system shall be designed to assure that pedestrians
can move safely and conveniently both on the site and between the site and
nearby properties and activities, as appropriate.
(4) All streets and parking areas shall contribute to the overall aesthetic design of
the PUD, while minimizing traffic congestion and the amount of impervious
surface area ....
Conclusions Based on Findings - MDNS Appeal.
1. The appellant did not meet his burden of proof. The burden of proving that an
administrative decision was not supported by substantial evidence is placed on the Appellant.
In this case, the appellant did not supply a sufficient factual basis to meet his burden of proof.
No evidence or testimony was submitted that proved environmental impacts that were not
identified or mitigated during the SEPA process: Findings of Fact Nos. 18, 19.
Conclusions Based on Findings - Preliminary Plat
1. The proposal is consistent with the Comprehensive Plan. The City of Bremerton
Comprehensive Plan recommends PUDs in shoreline areas. Its goals and policies applicable to the
proposal include the following:
· Goal # 1 Urban Growth: "Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient manner."
Supporting Policy (3): Accommodate new development with care so that
Bremerton will continue to be a well-balanced "most livable city."
,, Goal # 2 Reduce Sprawl: "Reduce the inappropriate conversion of undeveloped
land into sprawling, low-densiO, development."
Findings, Conclusions & Recommendation
Wycoff Dwelling Units, NO. BP04-0023]
Page 1 1
Supporting Policy (5): Promote the concept of development clustering to conserve
energy, save land, lower public costs, reduce sprawl, and provide open space.
· Goal # 4 Housing: "Encourage the availabiliO~ of q£fordable housing to all
economic segments of the population of this state, promote a variet), qf residential
densities and housing ~pes, and encourage preservation of existing housing
stock.
· Goal # 9 Open Space and Recreation: "Encourage the retention of open space
and development of recreational opportunities, conserve fish and wildlife habitat,
increase access to natural resource lands and water, and develop parks. "
Supporting Policy (3): Incorporate into new development proposals the provisions
of the adopted Waterfront Access Plan and other plans and regulations that call
for shoreline access improvements, pathways, or other forms of access or
facilities linkage.
HOUSING ELEMENT: Goal D (2) New Housing Development: "Provide a variety of
housing types and densities to meet changing needs of Bremerton residents."
Supporting Policy (3): Stimulate the production of new housing for all income,
age, family type and ethnic groups.
LAND USE ELEMENT: The property is located in the Central Bremerton Land Use
Plan (Element E, 8 (page 33)). There are no specific applicable policies to his
property.
ENVIRONMENTAL MANAGEMENT ELEMENT: Part of the property is located
within the 200-foot jurisdiction of Bremerton's Shoreline Master Program.
The following goals and policies are relevant to development within the
shoreline area:
B: LANDS ADJACENT TO SHORELINES:
Goal: "Encourage uses, densities and development patterns that
are compatible with shoreline uses and resource values and that
reinforce the policies of the Shoreline Management Act and
Bremerton's Shoreline Master Program."
Policy B-l: Consider the compatibility of proposed upland uses
with those allowed in each adjacent shoreline enviromnent and
with the purpose and intent of the environment designation.
Policy B-2: Minimize shoreline impacts from residential
development on upland "view" property, i.e. storm water mn-off,
Findings, Co~lchtsions & Recommenclatio~
I'Vycoff Dwe#ing U~its, NO. B£04-00231
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septic drain field seepage, intensification of risks from geological
instability, etc.
Policy B-3: "Adjacent lands" policies shall be implemented
through zoning, subdivision, short-plat and other land use
ordinances, and through mechanisms such as the Capital Facilities
Plan and budget.
C: URBAN LANDS (Shorelines):
Goal: "Protect both the economic viabiliO; and resource values ef
urban shorelines."
Policy C-l: Protect and preserve natural and/ or critical areas
through the developed urban enviromnent and recognize that
Shoreline of Statewide Significance priorities also apply within our
urban area.
Policy C-6: Promote aesthetic and view protection through sign
control regulations, appropriate siting and screening requirements,
protection of view comdors, and the use of architectural standards.
D: PUBLIC ACCESS:
Goal: "Protect and enhance the rights of the general public to
enjoy the physical and aesthetic qualities of the shoreline, while
allowing controlled development consistent with the public
interest."
Goal: "Protect and enhance shoreline visual and physical access
consistent with Shoreline Management Act and Public D~tst
Doctrine principles."
Policy D-1: Protect areas with unique and/or fragile geological or
biological characteristics from inappropriate public access and use
through access and use regulations.
Policy D-3: Assure that development, uses and activities on or near
the shoreline do not impair or detract from the public's access to
the water or shoreline.
Policy D-4: Enhance and preserve public views.
Policy D-6: Preserve, maintain and enhance public access and
views afforded by shoreline street ends, public utilities, and rights-
of-way whenever feasible.
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F~vcoff Dwelling Units, NO BP04-00231
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Policy D-9: Implement shoreline public access policy primarily
through applications of the City Comprehensive Parks Plan, the
Shoreline Master Program, the Waterfront Access Plan, and urban
renewaI activities.
G: HOUSING:
Goal: ':Permit residential development in shoreline areas and in
the vicinity of other critical or sensitive lands onl3, at densities that
can be properly served by needed utilities and roadwa),s and only
when within the "car~3dng capaciOJ" of the site or general
location."
Policy G-4: Encourage the use of Planned Unit Developments and
clustering of development to help protect natural features, preserve
open space, minimize physical impacts, and reduce the costs of
utilities and roads.
Policy G-5: Require adequate setbacks, buffers, and open spaces as
needed for shoreline development to protect vegetation, natural
features, views, and other aesthetic characteristics.
The proposal will provide additional housing for the City of Bremerton in a location
where city services already exist. The proposed development appears consistent with
Bremerton's desire to continue to be a "most livable city" and with other provisions of
the Comprehensive Plan. Findings of Facts Nos. 1-4, 11-14, 19.
2. The proposal is consistent with identified zoning standards. The proposed subdivision
will create 22 dwelling units. The project, as proposed, meets the bulk and setback
requirements of the city code. Findings of Facts Nos. 1, 2, 4, 13.
3. With conditions, appropriate provision will be made for the public health, safety and
general welfare and for all other relevant facts. Conditions of approval will mitigate
traffic impact by requiring frontage improvements. The City conducted environmental
review of the proposal and determined that it would not result in significant adverse
environmental impacts. City of Bremerton utilities will be available to each of the 22
dwelling units. The Applicant will preserve existing vegetation where possible and will take
measures prior to clearing and construction to mitigate erosion impacts. The Applicant will
provide public access to a shoreline overlook (sidewalk) that will enhance visual access to
the shoreline area. Conditions of approval are necessary to ensure future frontage
improvements are installed, the public access is constructed, and that the concerns of the
public works department are addressed. Findings of Facts Nos. 4, 6, 8, lO, 11, 14, 18.
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gSvcoff Dwelling Units, NO. BP04-00231
Page 14
4. The public use and interest will be served by the creation of 22 dwelling units
complying with City of Bremerton zoning standards. The proposed plat will provide
increased housing opportunities for residents of Bremerton in a manner consistent with the
criteria for approval of preliminary plats. Findings of Fact Nos. 1, 2, 4, 13, 19.
Conclusions Based on Findings - Planned Unit Development
1. With conditions of approval, the location, design, and uses of the PUD will be
consistent with the Comprehensive Plan, Bremerton Shoreline Management
Program~ and with other applicable plans and ordinances adopted by the City.
Clustering residential dwelling units is consistent with several goals and policies of the
Comprehensive Plan and Shoreline Master Program referenced previously in this report. A
condition of approval is necessary to ensure adequate public access is provided. Findings
of Fact Nos. 1, 11-14, 19.
2. The proposed PUD will be integrated with its surroundings and designed to
harmonize with existing development in the neighborhood. The preservation of open
space and the design of the dwelling units integrate well with the residential development
found in the surrounding area. Findings of Fact Nos. 1, 2, 4, 11-13, 19.
3. The traffic generated by the PUD can be accommodated safely and within the
adopted Levels of Service for affected streets. North WycoffAvenue and 25th Street are
each adequately equipped for moderate traffic flow and each is well below capacity for
traffic flow. The proposed PUD will have only a minor impact on traffic in the area.
Finding of Fact No. 1.5.
4. The proposed development will be adequately served by existing facilities and
services. The subject property has City of Bremerton sewer and water available to it. Any
residents of the proposed PUD will have adequate services available to them. Findings of
Fact No. 6.
5. The PUD will result in an attractive, healthful, efficient and stable environment for
living, shopping, working, and leisure activities. One of the primary benefits of the
proposed PUD is its proximity to the Port Washington Narrows. The type of development
proposed is highly desired by a number of citizens due to its proposed attractive nature and
proximity to urban amenities. Findings of Fact No. 1, 11-14, 18.
6. The development plan will make adequate and appropriate provision for the
preservation of the environment, both natural and man-made~ and the conservation
of energy. In addition to replacing non-native vegetation with native vegetation, the
development will maintain the character of the shoreline and the natural slope of the parcel.
The existing pier will not be altered. Findings q)CFact Nos. 7, 10, 11, 16, 18.
7. An area not less than one (1) gross acre in size may be considered for a PUD. The size
o£the subject property is 2.486 acres. Findings qfFactNo. 1.
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WycoffD~velling Units, NO BPO4-OO23J
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8. Perimeter and Interior Setbacks. All of the required perimeter and interior setbacks have
been met. Findings pfFact No. 4, 19.
9. Building heights in a PUD may be varied from the underlying zone district(s).
However, building heights shall be compatible with the scale of the surrounding
neighborhood to maintain privacy, retain scenic views, and ensure a reasonable
balance of light and shadow on adjacent properties. The height of the dwelling units is
permitted under the requirements of the SF3 zone and is consistent with the requirements
of the view corridor. Findings of Fact No. 11, 14, 19.
10. Open Space. The site plan includes 23 percent open space, of which more than two-thirds
is designated as "active" open space. Such percentages exceed the open space
requireanents set forth in BMC 21.02.490. Findings qfFact. No. 12.
11. Circulation. The proposed PUD will include streets and rights-of-way that conform to the
City of Bremerton's adopted street standards. Moreover, sidewalks will insure that
pedestrian circulation is safe and convenient. The streets and sidewalks will contribute to
the overall aesthetic of the development. Findings of Fact Nos. 4, 12, 14.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearings Examiner recommends
approval of a Preliminary Plat and Plaimed Unit Development to subdivide 2.486 acres into 22
lots for the purpose of constructing dwelling units as described in the application, subject to the
following conditions:
1. The Planned Unit Development shall constitute a limitation on the use and design of the site
to those uses, designs and standards that are specifically included in the Planned Unit
Development. Such limitation shall remain in effect until the Planned Unit Development is
constructed, or until the preliminary approval expires in which case the previous zoning
automatically returns.
2. Two (2) off-street parking spaces per dwelling until shall be provided.
3. An open space gum'antee, which ensures the retention of the open spaces and provides for
permanent maintenance of the open space, is required per BMC Section 21.02.501 prior to
finalizing the Planned Unit Development.
4. Removal of riparian vegetation within the low marine bluff is prohibited in order to protect
the near shore habitat. This prohibition shall be recorded on the deed of title and/or face of
the plat and Planned Unit Development as a condition running at the same time with the
authorized land use. Proof of such restriction shall be demonstrated prior to issuance of
building permits.
5. The clearing limits indicated on the TESC Plan received by the Department of Co~mnunity
Development May 7, 2004 shall constitute the limits of vegetation removal. Any cleared
Findings, Conclusions & Recommendation
Wycoff Divelling Units, NO. BP04-0023]
Page 16
vegetation within the shoreline areas 200 feet from the Ordinary High Water Mark shall be
replaced according to the conditions set forth in the Mitigated Determination of
Nonsignificance.
6. One street tree per twenty-five (25) lineal feet of street frontage shall be provided within the
front yard perimeter setbacks along Wycoff Avenue and 25th Street. The tree-planting
pattern shall be approved by the Department of Community Development prior to finalizing
the Planned Unit Development and shall be integrated into the overall design of the
development.
7. A landscaping plan for the Planned Unit Development shall be prepared by a licensed
landscape architect, submitted to, and approved by the City. The landscaping plan shall
include the vegetation replacement according to the conditions set forth in the Mitigated
Determination of Nonsignificance, street trees, and the landscaping of all required open space
areas not addressed in the SEPA.
8. Required landscaping and vegetation replacement shall be installed or bonded for prior to
finalizing the Planned Unit Development.
9. All construction shall be located such that the long-term stability of near shore habitat is
protected and that a bulkhead or other shoreline protection is not necessary. The installation
of a bulkhead or other shoreline protection shall be prohibited. This prohibition shall be
recorded on the deed of title and/or the face of the plat and Planned Unit Development.
10. A minimum 30-foot wide public easement shall be provided waterward of the Ordinary High
Water Mark in accordance with the Bremerton Shoreline Master Program. The public
easement shall be recorded on the deed o£title and/or face of the Planned Unit Development.
Proof of such restriction shall be demonstrated prior to issuance of building permits.
l l. Frontage improvements are required per Ordinance 4856. Ail improvements shall be
according to the City of Bremerton Engineering Standards. Improvements shall be installed
or bonded for prior to finalizing the Planned Unit Development. A Right of Way Permit is
required prior to construction.
12. The private street shall be developed according to City Engineering Street Standards. The
street shall be installed or bonded for prior to finalizing the Planned Unit Development.
13. A final storm drainage plan must be approved by the City Engineer. Ston-n drainage facilities
shall be installed or bonded for prior to finalizing the Planned Unit Development.
14. If Washington State Department of Fish & Wildlife requires a Hydraulic Project Approval
(HPA) permit, it shall be obtained prior to finalizing the Planned Unit Development. Any
conditions set forth in the HPA shall be included as conditions for approving the Planned
Unit Development.
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WycoffD~elling Units, NO. BP04-00231
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15. Water and sewer improvements shall be provided per the Conditional Water and Sewer
Availability letter. A water main extension and a sewer main extension into the development
are required and shall be installed or bonded for prior to finalizing the Planned Unit
Development.
16. Addresses for the individual lots shall be obtained from the Public Works department and
shall be indicated on the final plat.
17. All conditions set forth in the Mitigated Determination of Nonsignificance shall be complied
with as a condition for approving the Planned Unit Development. Those conditions are:
a. All authorized clearing shall be limited to the minimum necessary to accomplish
construction. Clearing, grading, or filing of this site shall be limited to the period
April 1 and October 1. All said site disturbances shall be marked in the field for
inspection and approval by the applicant's geotechnical engineer and city building
inspectors prior to alteration of the site. The face of the cut and fill on slopes shall be
prepared and maintained to control against erosion. (Reference BMC
21.22.100(c)(1))
b. Soils used as borrow materials must be "clean", as defined in the Breruerton-Kitsap
County Board of Health (BKCBH) Ordinance 2000-6 "Solid Waste Regulations."
Clean is defined as the following:
...soils which are not a dangerous waste or problem waste. Problem waste includes
the following:
...soils removed during the cleanup ora remedial action site, a dangerous waste
closure, other cleanup efforts, or other actions which contain hazardous
substances, but are not dangerous wastes;
...dredge spoils fi'om the dredging of surface waters of the state where
contaminants are present in the dredge spoils at concentrations not suitable for
open water disposal and the dredge spoils are not a dangerous waste and are not
regulated by Section 404 q£ the federal Clean ~Vater Act (PL 95-217); or
...waste abrasive blasting g~qt or other materials used in abrasive blasting that
my contain, but is not limited to, silica, utiliOJ slag or copper slag. Waste
abrasive blasting grit does not include blasting grit that will be reused for its
intended purpose...
c. The applicant must ensure either by process knowledge or by testing, that fill material
is not contaminated. This would include the applicant's knowledge of the presence of
industrial/commercial facilities, prior disposal activities, or other activities that may
have contaminated the material to be used as fill.
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Wycoff Dvvelling Units, NO. BP04~00231
Page 18
d. Only suitable materials shall be used as fill. Suitable fill does not include vegetative
organic matter, demolition or construction wastes, or other debris, except as provided
by the Uniform Building Code (1994).
e. All construction-trenching activities conducted within 1,000 feet of an active or
closed landfill should test for the presence of methane gas and take those safety or
engineering precautions necessary for the protection of human health and the
environment.
f. The applicant shall use all appropriate measures to control roadway carry-on or
fugitive dust from excavation activities or materials transportation activities necessary
to protect public health and the enviromnent.
g. Disposal of excavated soil shall be taken to an approved site.
h. No fill, or other construction debris, shall enter the adjacent Port Washington
Narrows. (Reference WAC 197-11-660)
i. Annoring or constructing of a bulkhead along any part of the shoreline shall be
prohibited, except in the case of an emergency as determined by the City. (Reference
SMP and WAC 197-11-660)
j. All on-slope vegetation within the shoreline are that was not approved for clearing
per Team Engineering TESC Plan (received May 7, 2004) and the geotectmical report
shall be retained to ensure slope stability and provide riparian habitat. (Reference
SMP)
k. The removal of vegetation within the shoreline 200-foot jurisdiction shall be restored
to as near pre-project configuration as possible and replanted with native grasses,
shrubs and/or trees. (Reference SMP)
1. Any of the trees indicated for removal on the Team 4 Engineering TESC Plan and
located within the 200-foot jurisdiction shall be replaced with the same or similar
trees. The replacement trees shall be located within the shoreline area. (Reference
SMP and WAC 197-11-660)
m. A 15-foot minimum vegetative buffer is required at the top of the slope. The
vegetation and trees may be replaced per the geotechnical recommendations, but the
replacements shall consist of a variety of deep-rooting vegetation. (Reference BMC
21.22.100(c)(3)(iv)(2))
n. All recommendations set forth in the Golder Associates Inc. prepared Geotechnical
Investigation of Project Site at 25th Street and Snyder Avenue N dated April 5, 2004,
and the addendum dated May 26, 2004, shall be deemed conditions of approval and
complied with. (Reference BMC 21.22.100(c)(3)(i)(5))
Wycoff D~,elling Units, NO. BP04-00231
Page 19
o. If any artifacts are uncovered, the Department of Community Development and the
State Historic Preservation Office in Olympia (360) 753-4405 must be notified.
18. A final Planned Unit Development and plat meeting applicable development standards and
conditions shall be submitted to the City for approval within two years of the date of
preliminary plat approval pursuant to BMC Section 21.02.520(a).
19. Six (6) copies of the Planned Unit Development and plat (not Mylar) shall be submitted to
the Department of Community Development for final compliance review.
20. The Community Development Director shall approve the final Planned Unit Development
prior to finalizing the plat.
21. A copy of the recorded Planned Unit Development and plat shall be provided to the
Department of Community Development before building permits are issued.
Based upon the preceding Findings and Conclusions, the Hearing Examiner denies the SEPA
MDNS appeal.
Decided this ~'day of June 2004.
es Driscoll
rings Examiner for the City of Bremerton
Findings. Conclusions & Recommendation
Wycoff Dwelling Units, NO. BP04~00231
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