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HomeMy WebLinkAbout12/19/2012 AGENDA - , C t 4� f N CITY COUNCIL 345 6` Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 DECEMBER 19, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING: 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER. 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYORS REPORT 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting - December 5, 2012 C Minutes of Special Meeting - December 12, 2012 D Appointment of Linda Simpson to the Planning Commission E Appointment of Mike Strube to the Planning Commission F 2013 Property Insurance Renewals with Lexington Insurance Company f- Mete Tffimsee H Agreement with Harris Computer Systems for Software Upgrade for Utility Billing and Customer Service Function I Appointment of Kevin Matthew to the position of Information Technology Manager at Step 2 in Pay Band 16 J Acceptance of Interpreter Grant - Interlocal Agreement ICA 133368 6 PUBLIC HEARINGS A Public Hearing and Ordinance No 5202 to adopt the 2012 Comprehensive Plan Amendment Docket 7 GENERAL BUSINESS A Amendment to the Interlocal Agreement regarding Emergency Communications and Other Seances B Ordinance No 5203 to amend Ordinance No 5173 establishing the City of Bremerton's Fiscal Year 2012 budget as amended by Ordinance No 5186 C Ordinance No 5204 to amend Chapter 9 88 of the Bremerton Municipal Code (BMC) related to Drug Offenses 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requmng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here, please be aware that per the Bremerton City Council Rules & Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD L MY REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL 6A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date _ December 19, 2012 Department Financial Services Presenter Shannon Conn Phone 473 -5323 SUMMARY. Approval of the following checks and electronic fund transfers 1) Check #'s 351309 through 351561 and EFTs 12414 through 12459 in the amount of $2,054,548 93 2) Regular Payroll for the pay period ending November 30, 2012 in the amount of $732,036 68 3) Regular Payroll for the pay period ending November 30, 2012 in the amount of $1,622 65 4) Regular Payroll for the pay period ending December 15, 2012 in the amount of $ 675,424 03 ATTACHMENTS- FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION. ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION. dApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 55 ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeseeeeeeeeeeeeeeeeeeaeeeeeeeeeee� SUBJECT: COUNCIL MEETING Date December 19, 2012 Department City Council Minutes of Meeting December 5, 2012 Presenter Jim McDonald Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA N No Discussion ❑ Full Presentation STUDY SESSION ACTION N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 5, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 5, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKs GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Eric Younger, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Members Faye Flemister and Nick Wofford were absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Council Assistant Christine Grenier A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Deacon Bill Hamlin of Our Lady Star of the Sea Church PUBLIC RECOGNITION Mike Walton Marketing Director of the Kitsap Family YMCA, reported on the ongoing remodel project and announced upcoming programs to be held at the "Y" including the "Resolution Walk & Run Series" on Sundays in 2013 at 9 00 AM on January 6, February 3, March 3, and April 7 Megan Bradley Kitsap Historical Museum, invited the community to attend the 5 th Annual Mill Town Christmas on Sunday, December 9 from 4 00 to 8 00 PM at the Historic Seabeck Conference Center Please contact (360) 479 -6226 for more information Gary Marley announced that there will be a Grand Opening for his new store "Gem E- Cycles" on Saturday, and thanked Council Member Roy Runyon and the Kitsap Sun for their support Jerry McDonald offered some suggestions for the City to help Its brand such as drawing on its ferry route and working with our neighboring cities to get people to visit Mike Walton Kitsap Public Facilities District, reported the PFD has improved sporting fields which will increase our area's ability to host large soccer tournaments, please visit www ktsap -pfd org for more information on how to apply for $5,000 "Event Fund" to start or assist with small projects through January 11, 2013 Paul Dutky "Move To Amend Kitsap", encouraged Council Members to loin other Washington cities and pass a resolution in support of a constitutional amendment to regulate campaign spending Linda Driver added that there is a petition drive underway regarding the proposed resolution described by Mr Dutky, which will be presented later to Council Members by district Larry Meyers hoped that the utility rate study will address how water and sewer use are billed, and that water being used to water lawns is not charged at the sewer rate MAYOR'S REPORT • Attended a Mayor's Exchange in Olympia today, • Welcomed Marie Whitman Olympic College, who then recognized the numerous participants and students who were involved in the "Whale Project ", City Council Reg Mtg Minutes Wednesday, December 5, 2012 Page 2 of 4 • Introduced Tom Knuckey City Engineer, who announced that the City has received a "Puget Sound Champion" Award from Puget Sound Partnership in recognition of our Combined Sewer Overflow Reduction Program, • Introduced Ron Corcoran author of the new book "Almost True Christmas Stories ", • Proclaimed the Month of November 2012 as "Hip Hop History Month" and the proclamation was accepted by Christine Virgillo -Emery and "Kazaam " • Proclaimed December 15, 2012 as "Wreaths Across America Day' and she will be providing the proclamation to Mick Hersey • Proclaimed December 1, 2012 as "World Aids Day" and the proclamation was accepted by Kim McCoy • Presented a Key to the City to Information Technology Manager Bill Eley who will be retiring on Friday with 29'/2 years of service and 25 years as IT Manager CONSENT AGENDA 5A Check Numbers 350960 through 351308, and EFT -12336 through EFT -12413 in the amount of $5,448,209 40, Regular Payroll for the pay period ending November 15, 2012 in the amount of $718,770 76, Regular Payroll for the pay period ending November 30, 2012 in the amount of $732,036 68, and Retiree Payroll for the pay period ending November 30, 2012 in the amount of $62,190 99 5B Minutes of Study Session — November 14, 2012 5C Minutes of Study Session and Budget Workshop — November 28, 2012 5D Contract Modification No 1 to former Chevron Property Remediation Contract with Parametrix 5E Agreed Order with Department of Ecology for Long Term - Monitoring and Reporting at former Chevron Property 5F Ordinance No 5199 to repeal Chapter 2 34 of the Bremerton Municipal Code (BMC) regarding the Gold Mountain Complex Board of Directors 5G Adopt Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement 2012 Amendments 5H Bid Award to EC Power Systems for Emergency Generator Purchase for Fire Station #1 5I Resolution No 3185 amending and re- establishing City Rates and Fees for 2013 5J Ordinance No 5201 amending Section 3 86 200 of the Bremerton Municipal Code (BMC) relating to Business and Occupation (B &O) Taxes, and further amending Chapter 3 48 of the BMC There were no questions or comments from the public 06.25:12 M /S /C /U (Runyon/Wheeler) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — ORDINANCE NO. 5200 ADOPTING THE FISCAL YEAR 2013 CITY OF BREMERTON BUDGET Becky Hasart Financial Services Director, explained that the ordinance represents the proposed 2013 Fiscal Budget, with the slight adjustment requested from the November 28, 2012 Budget Workshop, for consideration If adopted, this ordinance would become effective January 1, 2013 City Council Reg Mtg Minutes Wednesday, December 5, 2012 Page 3 of 4 Comments from the public were received by Susan Daniel Kitsap Historical Society and Museum 06:29 Motion was made by Wheeler, and seconded by Runyon Comments on the Motion were provided by Wheeler, Runyon, Brockus, Daugs, and Younger, with responses provided by Ms Hasart 06 42:17 M /S /C (Wheeler /Runyon) Move to approve Ordinance No 5200 of the City Council of the City of Bremerton, Washington, approving and adopting the budget of the City of Bremerton for the fiscal year 2013, and appropriating the amounts set forth in each fund in accordance with RCW 35 33 075 Voted in favor of Motion Brockus, Runyon, Wheeler, Arends, Younger, McDonald Voted opposed to Motion Daugs Motion carried 6 -Yes, 1 -No COUNCIL MEMBER REPORTS Adam Brockus announced the Annual Winterfest would be held on Friday, December 7 from 5 00 to 8 00 PM with activities downtown and in Manette More importantly, Santa is expected to arrive at 5 15 PM and free photos may be taken with a canned food donation, and the Tree Lighting at East 11 th Street & Scott Avenue will happen at 7 00 PM Roy Runyon welcomed new business "Wee Foke Empire" (dolls, angels, tea sets) located at 619 4 th Street For more information, contact (360) 782 -2222, "Gem E- Cycles" (sales, service, and parts for electric and pedal assisted bikes) located at 540 4 th Street For more information, please contact (360) 328 -3041, and a new Subway store on Werner Road Greg Wheeler announced on behalf of Faye Flemister, that the "Wreaths Across America" Ceremony will be held on Saturday, December 15 at 8 45 AM at Ivy Green Cemetery and the NAACP Free Community Health & Wellness Fair would be held on December 15 from 11 00 AM to 4 00 PM at Olympic College, and that Union Hill District residents will loin with Anderson Cove residents for a "neighborly gathering and caroling" on Monday, December 17 from 6 00 to 7 30 PM at Matan Park, and looked forward to Santa's arrival downtown this Friday, December 7 at 5 45 PM followed by the Tree Lighting Ceremony in front of the Naval Museum at 6 00 PM Carol Arends announced that Claywerks II Ceramics & Pottery Studio would be hosting a Christmas party as part of Winterfest Artwalk at its new downtown location with refreshments, a "paint & sip" party, painting demonstrations, and of course Santa would visit, and there will also be a book signing by newly published Ron Corcoran Eric Younger looks forward to Artwalk and welcomes conversation from residents about city issues Jim McDonald appreciated all the hard work done by staff to prepare the budget and thanked the Council for all of the time they put in to review this year's budget, and announced that the Council will be recessing for a 15- Minute Executive Session to discuss "Potential Litigation" per RCW 42 30 110 (1)(1) and no action is anticipated With no further business, President McDonald adjourned the Council Meeting at 7 10 PM City Council Reg Mtg Minutes Wednesday, December 5, 2012 Page 4 of 4 Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORK City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C ■■ oeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeI SUBJECT- COUNCIL MEETING Date December 19, 2012 Department Council Minutes of Special Meeting Presenter Jim McDonald December 12, 2012 Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Special Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA Nx No Discussion ❑ Full Presentation STUDY SESSION ACTION Nx Consent Agenda N General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES December 12, 2012 A Special Meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, December 12, 2012, at 4 00 PM, with Council President Jim McDonald presiding Council Members present were Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Nick Wofford was absent Lori Smith, Legislative Assistant, was present to provide staff support President McDonald emphasized that the Special Meeting was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the December 19, 2012 Council Meeting Agenda, or as indicated A NO PRESENTATIONS - The following items are budgeted items and /or have been reviewed by the appropriate Council Committee 1 2013 Property Insurance Renewals with Lexington Insurance Company Consent Agenda 2 Purchase of Sensus Water Meter Transceiver Units (MXU's) from Ferguson Waterworks Consent Agenda 3 Agreement with Harris Computer Systems for Software Upgrade for Utility Billing and Customer Service Function Consent Agenda 4 Appointment of Kevin Matthew to the position of Information Technology Manager at Step 2 in Pay Band 16 Consent Agenda 5 Acceptance of Interpreter Grant — Interlocal Agreement ICA 133368 Consent Agenda 6 Public Hearing and Ordinance to adopt the 2012 Comprehensive Plan Amendment Docket Public Hearing B FULL DISCUSSION ITEMS 7 Amendment to the Interlocal Agreement regarding the Emergency Communications and other Services General Business 8 Proposed Ordinance to amend Ordinance No 5173 establishing the City of Bremerton's Fiscal Year 2012 Budget as amended by Ordinance No 5186 General Business 9 Proposed Ordinance to amend Chapter 9 88 of the Bremerton Municipal Code (BMC) entitled "Marihuana" General Business C GENERAL COUNCIL BUSINESS General Council Business was briefly discussed President McDonald called a brief recess from 6 15 to 6 30 PM, and then left the meeting due to illness, the Council reconvened ►n the Mayor's Conference Room for the remainder of the meeting, which was then chaired by Vice - President Greg Wheeler City Council Special Meeting Minutes Wednesday, December 12, 2012 Page 2 of 2 D DISCUSSION ON UTILITY RATE STUDY The Council Members continued their discussion from November 14, 2012 on the Utility Rate Study with Consultants with the FCS Group, and several members of the Utility Rate Study Advisory Committee The discussion will continue at a Special Meeting on January 9, 2013 With no further business, Vice - President Wheeler adjourned the Council Special Meeting at 815 PM Pre red and Submit d by L RI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 45D ■■ eeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT Appointment of Linda Simpson Study Session Date N/A to the Planning Commission COUNCIL MEETING Date December 19, 2012 Department Executive Presenter Mayor Lent Phone 473 -5266 SUMMARY Linda Simpson has been selected to serve on the Planning Commission, with a term that will expire on December 31, 2014 Planning Commission appointments are normally 4 -year terms, however BMC 2 12 010 requires a staggering of terms to ensure that at least one member is appointed on an annual basis In reviewing the terms of the other currently appointed commissioners it was determined that a 2 -year appointment to ensure that there will be an appointment made annually ATTACHMENTS Mrs Simpson's application for appointment is available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) No fiscal impacts STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to appoint Linda Simpson to the Planning Commission with a term that will expire December 31, 2014 COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT- Appointment of Mike Strube to Study Session Date N/A the Planning Commission COUNCIL MEETING Date December 19, 2012 Department Executive Presenter Mayor Lent Phone (360) 473 -5266 SUMMARY: Mike Strube has been selected to serve on the Planning Commission, with a term that will expire on December 31, 2014 Planning Commission appointments are normally 4 -year terms, however BMC 2 12 010 requires a staggering of terms to ensure that at least one member is appointed on an annual basis In reviewing the terms of the other currently appointed commissioners it was determined that a 2 -year appointment to ensure that there will be an appointment made annually ATTACHMENTS Mr Strube's application for appointment is available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) No fiscal impacts STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to appoint Mike Strube to the Planning Commission with a term that will expire December 31, 2014 COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: 2013 Property Insurance Study Session Date Dec 12, 2012 Renewal with Lexington Insurance Company COUNCIL MEETING Date Dec 19, 2012 Department City Attorney's Office Presenter Thelma Swem Phone (360) 473 -5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage Property insurance coverage for 2013 has been bound with Lexington Insurance Company The annual premium for 2013 is $274,660 23 Coverage is subject to a $100,000 deductible for most losses Earthquake and flood insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains, and PSNS Memorial Plaza ATTACHMENTS: Summary of Quotes FISCAL IMPACTS (Include Budgeted Amount) Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2013 STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION- Move to approve continuation of property insurance bound with Lexington Insurance Company for 2013 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 MARKETING A FINANCIAL SUMMARY F VTY OV ,'SUMMARY OF QU OTES PR O P ERTY ` Camer Limit Deductible Premium Tax & Fee Total Commission Lexington Ins Co $100,000,000 Policy $100,000 except 3% / ; $241,75700 $5,076 90 $248,83390 NO (WOh TRIA Excluded) Lm* subject to $100.000 min per ± I subranits including occurtence Earthquake, $50.000,000 Earth i 5 %/$1,000.000 min s Movement; Ha $50,000.000 Flood & Hazard Flood anus, I } $1,000,000 Named i 5% / $250,000 min I Storm Named Stone, $50,000 I (See Policy for all Boiler; 1 Day Off I sublimbs) Premises Power I Renewal Proposal: Optloei 1— Eireluding_ TRIA.�� 11 Lexington Ins Co $100.000.000 Policy $100.000 except 3% / $269,01100 $5.849 23 $274,86023 NO umtt subject to $100,000 min per I I sublimity inckrding ocxarence Earthquake, $50,000.000 Earth 5% / $1000,000 min Movement; per commence High i i $50,000.000 Flood & Hazard Flood areas, $1,000,010 Named 5% / 5250,000 min I Storm Named Storm, 550.000 i I I (See Quote for an Boiler, 1 Day Off ; s sublimits) Premises Power Quatiiyire Period i _ _ __ _ I Op on 2 — Including _ -` — Lexirugtarlrrs Co 5100,000,OOOPolicy $100,000 except 3 %1 $285,15100 $5,98817 $291,13917 + NO Limit subject to $100,000 mm per [ subrhnits Including oaxunence Earthquake. $50.000,000 Earth 5 %/$1,000,000 mm Movement; per ocourence High t i $50,000,000 Flood & Hazard Flood areas, ! I $1.0W,000 Named 5%1$250.000 min Storm Named Storm, $50,000 ' (See Quote for an Boiler, 1 Day Oft ii subli ifts) Premises Power L quWng Period Renewal premiums represent a 10% °rate° Increase This quote has no specific expiry date, however, insurers may withdraw or vary it at any time A copy of the actual quote is provided as a separate attachment for your review For an additional premium of $10,000 you can add Lexington's Upgrade to Green coverage endorsement (to address risks arising from green & sustainable tnibatives) Sample endorsement will be sent If you are Interested AGENDA BILL CITY OF BREMERTON CITY COUNCIL 56W ............. ............................... 0. 0 0 0 ..... ■ ............ 0 0 0 0 0. 0..\ ...... 00 0 SUBJECT Purchase of Sensus Water Study Session Date December 12, 2012 Meter Transceiver Units (MXU's) from COUNCIL MEETING Date December 19, 2012 Ferguson Waterworks Department PW &U Presenter Chal Martin Phone 473 -5315 SUMMARY Due to failing batteries and poor internal wiring of old water meter transmitters, Public Works staff began replacing water meter transceivers with more reliable models two years ago The City now has almost 1,900 of the new transceivers in service, out of 18,246 in the system The new transceivers have a 15 -year minimum battery life (vs 6 years for the old transceivers), and improved transceiver range A sole source upgrade / exchange program has been established with Ferguson Waterworks in Tacoma (Ferguson is the authorized distributor) to purchase new transceivers, with a credit if the purchase is made prior to the end of January, 2013 We have accumulated 1,882 of the old transceivers to turn in for credit Purchase price for 1,882 new transceivers is $253,637 14, including the credit and including sales tax ATTACHMENTS 1 General Information Sheet 2 Transmitter (MXU) upgrade /exchange unit pricing sheet 3 Sole Source Determination 4 Warranty (For information) FISCAL IMPACTS (Include Budgeted Amount) The 2012 Water Utility O &M expense budget is $13,492,749 With this purchase, final 2012 expenditures are projected to be $12,962,880, which is about $100,000 below our previous end -of -year projection for 2013 budget formulation (good) STUDY SESSION AGENDA. © No Discussion ❑ Full Presentation i STUDY SESSION ACTION ❑O Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the purchase of water meter transceivers from Ferguson Waterworks and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11102/12 _R Rad-ioRea (I-'' -A I Meter Transceiver Unit (r\AXU) Model 520R Pit Set Unit DESCRIPTION Application: Sensus RadioRead MeterTransceiver Unit (MXU) model 520R is a pit set radio signal device which permits off site meter reading via radio signal in a pit set or vault environment The unit allows for installation through the pit lid in order to maximize the best performance.This method of installation is highly recommended, but in cases where this is not an option the design allows for under the lid installations.The MXU interfaces with any compatible absolute encoder - equipped utility meter with a Sensus RadioRead interrogator device.The Sensus MXU eliminates a number of meter reading problems such as lockouts, curbside reading estimates, estimated bills and errors SPECIFICATIONS associated with manual meter reading methods. The Sensus MXU is available in one and two port models. SERVICE Pit set installation interfacing ublity meter to Sensus RadioRead In addition to the two-port design, the MXU is compatible System. Unitfits in 1 -3/4" diameterhole mprthd orunderthe lid with the Sensus Multi- ReadT' Module that permits two, installation. Can attach to meter pit lid thickness of 1-3/4" four, or eight meter connections per MXU port. This feature PHYSICAL 443" W x 5.09" H X 4b" D provides enhanced cost effective AMR where multiple meter CHARACTERISTICS installations exist. WEIGHT Ilb(04536KgJ TouchCoupler Design:TouchCoupler utilizes the COLOR Black patented Sensus inductive coupling meter reading system POWER 3. 6VaitLithium Chloride batterywith hybrid layer capacitor (HLC) (TouchRead) to communicate with its encoder This allows for easy upgrade from SensusTouchRead to RadioRead RFTRANSMITTER Direct Sequence Spread Spectrum with synthesized And since theTouchRead system only requires two wires to channels, crystals controlled communicate, theTouchCoupler unit enables customers who RFRECEIVER Amplifier- Sequenced Hybrid have only two-wire connections to their meters the ability APPROVALS to utilize that same wire instead of installing a three wire US. FCC Part 15 connection TheTC design provides the fastest, most efficient Canada Industry Canada and most reliable connection available in the marketplace OPERATING -3VFto +165 °F today.TheTC design minimizes installation time, which TEMPERATURE - 34 °Cto +74 °C results In a cost - effective solution OPTIONS Dual or single port availali ft, Touchcouplar only, wired only, RadioRead Operation: When used with a Sensus hand -held TouchCoupler and wired combination options available, external or vehicle interrogation unit, the Sensus RadioRead system battery connector option provides two -way communications between the reading unit INSTALLATION 100% condensing, water submersible and system equipped utility meters The MXU connected to ENVIRONMENT the meter receives an activation wake up signal from the COMPATIBILITY TouchCoeplertied Wired Version: Sensus; ECRiI, ICE and Badger interrogation unit.The MXU then obtains and transmits all of ADE water registers the meter's absolute encoder information which includes the Wired Version Oalr Neptune ARBAjProllead), identification number and meter reading. Low battery Ester (SensusProtocol) MulbRead modules for two, four oreight indicator is also transmitted. After the interrogation unit meters per port (Sensus only) receives valid data, it transmits an acknowledgment signal WARRANTY 20 years -Refer to Sensus G-510 for warranty back to the MXU which returns it to the power down mode. This helps maintain battery life and also optimizes the efficiency of the system by eliminating unnecessary radio examining hourly readings of encoders.The leak detection transmissions. MXU monitors the encoder at regular intervals If continuous RadioRead Integrity: When interfaced with an absolute usage occurs over a period of time, during the next encoder, RadioRead system meter reading is virtually error interrogation of the MXU a message is sent identifying that free.The meter read is taken from the actual positions of a possible leak may exist The MXU also allows for hourly the encoder's odometer wheels to ensure valid up- to-date readings to be taken and stored internally This feature readings. Any errors or nonreads are immediately indicated enables the MXU to store 45 days worth of hourly readings on the meter reading equipment.This information can also that can be extracted via the Sensus AutoGun and AR5000 be generated on management reports when the data is handheld or "over the air" with RadioRead equipment downloaded at the end of the reading cycle. In addition, Programmability: For special meter reading applications high/low reading parameters can also be venfied during the sudh as commercial routes and multi- utility installations, the meter reading process MXU can be programmed to respond only to certain meters RadioRead Features:The RadioRead MXU can identify through the use of class and password codes leaks/ continuous consumption as well as offer a tool for Page 1 of 1 AUTHORIZED SENSUS DISTRIBUTOR o PO Box 487 450 North Gallatin Avenue ° Uniontown, PA 15401 USDA s E n s us T 1-800- 638 -3748 F 1.800- 888.2403 www senses coMwater h2oinfo@sensus corn %$FERGUSON' Waterworks Meter & AUtuinuluin Group 24025 Woodinville- Snohomish Rd Woodinville, WA 98072 Phone (425) 486 -9600 Fax (425) 806 -8510 August, 10' 2012 City of Bremerton Chris Mottner Sensus Meter MXU Pricing 100 Oyster Bay Ave N Bremerton, WA 98312 Chris, Ferguson Waterworks is offering the following pricing for the upgrade of the Sensus 505 MXU endpoint to the Sensus 520R MXU The pricing will be valid from today August 10 thru January 31'', 2013 All upgraded Sensus MXU's will be FOB Sensus on orders less than $10,000 for the City of Bremerton to pay shipping charges Please note we have additional upgrades available from the Sensus 505 MXU to the 520M MXU If requested MXU Upgrade from 5058 to 520R Unit Item Price Single Port TC $12410 Dual Port TC , $14315 Please contact me with any questions at thomas encksonO- ferciuson com or (253) 375- 3055 Thank you, Tom Erickson AMI /AMR Metering Solutions Ferguson Metering and Automation Group Public Works and Utilities Department 100 Oyster Bay Ave N • Bremerton, WA 98312 • (360) 473 -5315 • FAX (360) 473 -5360 MEMORANDUM DATE: November 28, 2012 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Sole Source Determination ------------------------------------------------ --------------------- In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for Sensus 520R water meter transceiver units (MXUs). The City has a requirement to replace aging transmitters on over 18,000 meters in its system. For efficiency of maintenance operations, and for reasons of compatibility with existing meter reading systems, the City chose the Sensus 520R transceiver as its standard for replacement. Establishing a standard enables the City to save money through reduced inventory, and save money and staff time by virtue of reduced maintenance complications that ensue from operating a system with multiple brands and repair parts. Over the past two years, the City has installed approximately 1,900 of the transceiver units, and experience to date indicates the units are of high quality and are exceeding the Utility's expectations for reliability and performance. Sensus Metering Systems, the manufacturer, contracts with regional suppliers who are the only authorized distributors of the product. Therefore, the only source for the particular transceiver units required by the City, are the regional distributors. Any request for bids would only receive a single bid from the regional distributor. Because the City of Bremerton is a large customer, the regional distributor for this area, Ferguson Waterworks, has agreed to provide a credit for the old meters. Public Works staff has determined that Ferguson's pricing is reasonable. Therefore, it is my determination that sole source purchase of Sensus 520R water meter transceiver units is justified for this procurement Sensus Limited Warranty G -500 R16 1 General Product Coverage VII iPERLT" Water Management Systems Sensus USA Inc ( "Sensus ") warrants its products and parts to be free from defects that register water flow are warranted to perform to the accuracy levels set forth in material and workmanship for one (1) year from the date of Sensus shipment in the iPERL Water Management System Data Sheet (IPL -110), available at www and as set forth below All products are sold to customer ( "Customer") pursuant to sensus comliperl or by request from 1-800- METER -IT, for twenty (20) years from Sensus' Terms of Sale, avail-able at http / /sensus com[TC/ ('Terms of Sale ") the date of Sensus shipment The iPERL System warranty does not include the II SR 11 and accuSTREAMTm 518 ", 314" & 1" Meters external housing are warranted to perform to AWWA New Meter Accuracy Standards for five (5) Vlll Mamcase years from the date of Sensus shipment or until the regis 4rabon shown below, of the SR, SR 11 and PMM in both standard and low lead alloy meters are warranted whichever occurs first Sensus further warrants that the SR 11 meter will perform to to be free from defects in material and workmanship for twenty -five (25) years at least AWWA Repaired Meter Accuracy Standards for fifteen (15) years from the from the date of Sensus shipment Composite and E- coated maincases will be free date of Sensus shipment or until the registration shown below, whichever occurs from defects in mate -nal and workmanship for fifteen (15) years from the date of first Sensus shipment New Meter Accuracy Repair Meter Accuracy IX Sensus "W" Series Turbo Meters, OMNI'"' Meters and Propeller Meters 518" SR I I Meter and are warranted to perform to AWWA New MeterAccuracy Standards for one (1) year accuSTREAM Meter 500,000 gallons 1,500,000 gallons from the date of Sensus shipment 3/4" SR II Meter and X Sensus accuMAGTM' Meters accuSTREAM Meter 750,000 gallons 2,250,000 gallons are warranted to be free from defects in material and workmanship, under normal 1" SR 11 Meter and use and service, for 18 months from the date of Sensus shipment or 12 months accuSTREAM Meter 1,000,000 gallons 3,000,000 gallons from startup, whichever occurs first XI Sensus Registers III SO 5/8 ", 314" & 1" Meters are warranted to be free from defects in material and workmanship from the date are warranted to perform to AWWA New MeterAccuracy Standards for one (1) year of Sensus shipment for the penods stated below or until the applicable registration from the date of Sensus shipment Sensus further warrants that the 518 ", 3/4" and forAWWA Repaired MeterAccuracy Standards, as set forth above, are surpassed, 1" SR meter will perform to at least AWWA Repaired MeterAccuracy Standards for whichever occurs first fifteen (15) years from the date of Sensus shipment or until the registration shown 5/8" thru 2" SR, SR 11, PMM, accuSTREAM below, whichever occurs first 25 years Standard Registers Repair MeterAccuracy 518" thru 2° SR, SR II, PMM, accuSTREAM 518" SR Meter 1,500,000 gallons Encoder Registers 10 years 314" SR Meter 2,250,000 gallons Electronic Communication Index (ECI) 10 years 1" SR Meter 3,000,000 gallons All HSPU, IMP Contactor, R E R Elec ROFI 1 year IV SR 1 -112" & 2" Meters Standard and Encoder Registers for "W" Turbo are warranted to perform to AWWA New MeterAccuracy Standards for one (1) year and Propeller Meters 1 year from the date of Sensus shipment Sensus further warrants that the 1 -1/2" and 2" OMNI Register with Battery 10 years SR meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten (10) years from the date of Sensus shipment or until the registration shown XII Sensus Electric Meters below, whichever occurs first are warranted to be free from defects in material and workmanship for one (1) year Repair Meter Accuracy from the date of Sensus shipment Spare parts and components are warranted to 1- 112" SR Meter 5,000,000 gallons be free from defects in material and workmanship for one (1) year from the date of T SR Meter 8,000,000 gallons Sensus shipment V PMM® 518 ", 3/4 ",1" Meters Repaired or refurbished equipment repaired by Sensus is warranted to be free from are warranted to perform to AWWA New MeterAccuracy Standards for one (1) year defects in material and workmanship for ninety (90) days from the date of Sensus from the date of Sensus shipment Sensus further warrants that the 5/8 ", 314 ", and shipment or for the time remaining on the original warranty period, whichever is 1" PMM meter will perform to at least AWWA Repaired MeterAccuracy Standards longer for fifteen (15) years from the date of Sensus shipment or until the registration XIII Batteries, WERL System Components, AMR and FlexNet'"' System AMI shown below, whichever occurs first Interface Devices Repair Meter Accuracy are warranted to be free from defects in material and workmanship from the date of 5/8" PMM 1,500,000 gallons Sensus shipment for the period stated below 314" PMM 2,000,000 gallons Electronic TouchPads 10 years 1" PMM 3,000,000 gallons RadioRead® MXU (Model 505C, 510R or 520R) VI PMM 1 -112 ", 2" Meters and Batteries 20 years* are warranted to perform toAWWANew MeterAccuracy Standards for one (1) year Act -P Instrumentation 1 year from the date of Sensus shipment Sensus further warrants that the 1 -112 ", and 2" PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for TouchRead® Coupler and AMR Equipment 1 year ten (10) years from the date of Sensus shipment or until the registration shown FlexNet Water or Gas SmartPointTM Modules and Batteries 20 years* below, whichever occurs first Hand Held Device 1 year Repair Meter Accuracy Vehicle Gateway Base Station 1 year 1- 112" PMM 5,000,000 gallons FlexNet Base Station 1 year 2" PMM 8,000,000 gallons Echo Transceiver 1 year (continued) sensus Sensus Limited Warranty XIII Batteries, WERL System Components, AMR and FlexNetm System AIM installed to a socket that is not functional, or is not in safe operating condition, Interface Devices (continued) or is damaged, or is in need of repair, tampered with, modified or repaired with Remote Transceiver 1 year parts or assemblies not certified in writing by Sensus, including without limitation, communication parts and assemblies, improperly modified or repaired (including iConA and FlexNet Electricity SmartPoint Module 1 year as a result of modifications required under section XIV), converted, altered, iPERL System Battery and iPERL System Components 20 years' damaged, read by equipment not approved by Sensus, for water meters, used with substances other than water, used with non - potable water, or used with • Sensus will repair or replace non - performing water that contains dirt, debris, deposits, or other impurities, subjected to misuse, • RadioRead® MXU (Model 505C, 510R and 520R) and Batteries, improper storage, improper care, improper maintenance, or improper periodic • FlexNet Water or Gas SmartPoint Modules (configured to the factory setting of six testing (collectively, "Exceptions ") If Sensus identifies any Exceptions during transmissions per day) and batteries, examination, troubleshooting or performing any type of support on behalf of Customer, then Customer shall pay for and /or reimburse Sensus for all expenses • iPERL System Batteries, and /or the iPERL System flowtube, the flow sensing and incurred by Sensus in examining, troubleshooting, performing support activities, data processing assemblies, and the register ( "iPERL System Components ") repairing or replacing any Equipment that satisfies any of the Exceptions defined at no cost for the first ten (10) years from the date of Sensus shipment, and for the above The above warranties do not apply in the event of Force Majeure, as remaining ten (10) years, at a prorated percentage, applied towards the published defined in the Terms of Sale list prices in effect for the year product is accepted by Sensus under warranty THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE conditions according to the following schedule THE ONLY WARRANTIES GIVEN WITH RESPECTTOTHE GOODS, SOFTWARE Years Replacement Price Years Replacement Price LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS 1 -10 0% 16 55% SENSUS EXPRESSLY DISCLAIMS ANYAND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AS 11 30% 17 60% TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON - 12 35% 18 65% INFRINGEMENT AND TITLE 13 40% 19 70% SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF 14 45% 20 75% EQUIPMENT THE FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND 15 50% >20 100% EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED Note Software supplied and licensed by Sensus is warranted accordning to the SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE terms of the applicable software license agreement Sensus warrants that network WARRANTIES and monitoring services shall be performed in a professional and workmanlike XVI Limitation of Liability manner SENSUS' AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION XIV Return ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS Sensus' obligation, and Customer's exclusive remedy, under this Sensus Limited NEGOTIATION, PERFORMANCE, BREACH ORTERMINATION (COLLECTIVELY Warranty is, at Sensus' option, to either (i) repair or replace the product, provided "CAUSES OF ACTION ") SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY the Customer (a) returns the product to the location designated by Sensus within CUSTOMER TO SENSUS UNDER THIS AGREEMENT THIS IS SO WHETHER the warranty period, and (b) prepays the freight costs both to and from such THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, location, or (ii) deliver replacement components to the Customer, provided the NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR Customer installs, at its cost, such components in or on the product (as instructed OTHERWISE by Sensus) AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS' The return of products for warranty claims must follow Sensus' Returned Materials LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SENSUS SHALL NOT BE Authorization (RMA) procedures Water meter returns must include documentation LIABLE FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL of the Customer's test results Test results must be obtained according to AWWA DAMAGES, NOR (II) ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS standards and must specify the meter serial number The test results will not AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER SUCH be valid if the meter is found to contain foreign materials If Customer chooses LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR not to test a Sensus water meter prior to returning it to Semsus, Sensus will OTHERWISE, NOR (III) ANY IN /OUT COSTS, NOR (IV) MANUAL METER READ repair or replace the meter, at Sensus' option, after the meter has been tested by COSTS AND EXPENSES, NOR (V) DAMAGES ARISING FROM MAINCASE OR Sensus The Customer will be charged Sensus' then current testing fee Sensus BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, SmartPoints modules and MXU's returned must be affixed with a completed WATER HAMMER CONDITIONS, OR EXCESSIVE WATER PRESSURE return evaluation label For all returns, Sensus reserves the nght to request meter "IN /OUT COSTS" MEANS ANY COSTS AND EXPENSES INCURRED BY reading records by serial number to validate warranty claims CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER'S PREMISES AND ANY COSTS AND EXPENSES INCURRED For products that have become discontinued or obsolete ( "Obsolete Producr), BY CUSTOMER IN INSTALLING, UNINSTALLING AND REMOVING GOODS Sensus may, at its discretion, replace such Obsolete Product with a different "END USER" MEANS ANY END USER OF ELECTRICITYMATER/GAS THAT product model ( "New Product"), provided that the New Product has substantially PAYS CUSTOMER FOR THE CONSUMPTION OF ELECTRICITYIWATER/GAS, similar features as the Obsolete Product The New Product shall be warranted as AS APPLICABLE set forth in this Sensus Limited Warranty The limitations on liability set forth in this Agreement are fundamental inducements THIS SECTION XIV SETS FORTH CUSTOMER'S SOLE REMEDY FOR THE to Sensus entering into this Agreement They apply unconditionally and in all FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFTWARE TO respects They are to be interpreted broadly so as to give Sensus the maximum CONFORM TO THEIR RESPECTIVE WARRANTIES protection permitted under law XV Warranty Exceptions and No Implied Warranties To the maximum extent permitted by law, no Cause of Action may be instituted This Sensus Limited Warranty does not include costs for removal or instal - labon of by Customer against Sensus more than TWELVE (12) MONTHS after the Cause products, or costs for replacement labor or materials, which are the responsibility of Action first arose In the calculation of any damages in any Cause of Action, of the Customer The warranties in this Sensus Limited Warranty do not apply to no damages incurred more than TWELVE (12) MONTHS prior to the filing of the goods that have been installed improperly or in non - recommended installations, Cause of Action shall be recoverable 8601 Six Forks Road, Suite 700 Raleigh, 27615 s e n s e s 1- 800 - 638 -8- 3748 Lori Smith *54 From: Roy Runyon Sent: Wednesday, December 19, 2012 3 03 PM o: City Council Cc: Chal Martin, Roy Runyon Subject: Agenda item 5G Purchase of Sensus Water Transceiver Units Hello All, I request Agenda item 5G be pulled off Consent and be placed on General Business My quick calculation shows that each of the 1,882 units would cost $134 77 with 16,364 units remaining to be replaced Assuming the remaining units could be replaced for the same unit cost of $134 77, an additional $2.205.376 would be spent During the last Study Session, I suggested that there may be a more efficient, cost - effective ways of reading water meters other than having someone drive around the city in a vehicle equipped with an interrogating transceiver to collect water meter readings Systems for reading water meters have been installed that use broadband wireless networks to remotely monitor and read utility meters Before we continue down this path of eventually spending another $2 2M for replacement meters, I suggest Public Works examine other methods of reading meters that may be more cost effective but necessitate the purchase of a different system Therefore, I request this item be pulled off the Consent Agenda and placed on General Business Regards, loy Runyon 0ouncdman City of Bremerton 360 - 440 -0620 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT. Agreement with Harris Study Session Date 12/12/12 Computer Systems for Software Upgrade for COUNCIL MEETING Date 12/19/12 Utility Billing and Customer Service Function Department Public Works Presenter Chal Martin Phone 473 -5315 SUMMARY: In 2006, the City upgraded the utility billing software to a Harris product called InHance In 2009 a Federal Regulation (Red Flag Identity Theft) went into effect which required Harris to upgrade their software to incorporate better identity security and encryption The requested council action is upgrade /replacement of the InHance software to a new format called ICIS The ICIS software uses a different technology ( NET, a windows environment) that includes faster processing, faster debugging mechanisms, enhanced reporting and a better internal security structure It is important that we do this upgrade since Harris has indicated they will no longer support the older InHance software in the future Our original purchase of the InHance software allowed for upgrades at no cost, however, change to the new NET technology will require in -house training and programming of our custom forms The cost of this Agenda Item is limited to training, programming and installation ATTACHMENTS - 1 Proposal FISCAL IMPACTS (Include Budgeted Amount) The cost of the software upgrade, training, and programming is $22,950 Additional costs may accrue during software installation, however, these costs are expected to be minimal The 2012 budgeted amount for this software upgrade was $20,000 -- $10,000 from the Water Utility and $10,000 from the Sewer Utility This request exceeds the 2012 budgeted amount but will not cause either fund to exceed our previously - projected year -end balances, therefore, no budget amendment is needed STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an agreement with Harris Computer Systems for upgrade of the City's utility billing software, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ' ❑ No Action Form Updated 11/02/12 J-i-A R R VS ICIS Upgrade Proposal City of Bremerton, WA November S, 2012 1.0 Software License: US : License. 25,000 Service Location Records 22 Concurrent Users ZO On-Ste Trainine On -Site Training Days (3 Days of train the trainer) Training will consist of a total of three (3) on -site training days By "day" Hams means eight -hours of time spent at the customer site by one Hams staff member We will utilize customer supplied hardw We hi ghly recommend that each attendee have a dedicated w ork s ta t ion for trmmn Dunng the three days we will conduct a "train the train type of training class Once the class is completed the atten will t hen train y our oth er users This class will be for u to 5 attendeesi The cost of on -site training is $1,300 00 per day Travel and living expenses will be billed separately and are not included in this proposal 3.0 Imnlementati2U ft sect Management Days required on -site- 2 Days In an effort to insure that the transition to our system is as smooth as possible, we will have a Hams Project Manager on -site at the City of Bremerton facilities for a total of two (2) days for project management assistance (separate and distinct from training) As part of our project management, we will work on -site with your system administrators in the initial stages of the project. At this time we will perform a needs analysts so that we may tailor the configuration of our system to best meet the goals of the city Various setup parameter options will be presented to system administrators so that they can review all options and select those best in concert with Bremerton's objectives The Project Manager will assist with system interfaces, balance venfication and insure that the system is prepared to enter production The cost of all on -site implementation is $1,30000 per day Travel and living expenses have not been included and will be billed separately to the client 4.0 Maintenance And Sannort Call in support via 800 line, 8 00 am — 5 00 pm CST availability, Monday through Friday, normal business days Software support requires a high speed internet connection Your current support agreement will cover the ICIS 5.0 Custom Ptosraniining Up to 150 hours for custom programming for the following items 2 export processes, main windows bill, 2° notice and 2 door hangers 71 77ZZEFU-75 I HARRIS COMPUTER SYSTEMS Pegs 1 44-A R R I S Estimated Delivery and Schedule Delivery is estimated at 120 days after order is received Delivery is dependent upon the time required to create the custom outsource bill and could take longer than 120 days Pi icltte: Specification Item 10, Software License Fee inHANCE Upgrade to ICIS $ 75,00000 Current [US Customer with Current Support Discount ($75,00000) Total License Fee No Charge Specification Item 2 0 On -Site Training Twenty-four (24) hours on -site Training $ 3,90000 Specification Item 3 0, Implementation/Project Management On -Site Project Management, Installation/Setup - Server /workstations - (16) hours on -site Project Management $ 2,600 00 Project Management Fees Off -site — thirty -two (32) hours $ 5,20000 Specification Item 5 0, Custom Programming (150 Hours) $11,25000 Proposal Total: $ 22,950.00 Comments and Clarifications: 1) Computer hardware, network, Microsoft SQL Server and any additional required items not noted above, are to b e purchased by Client and are not included m this prop osal unless stated above _ 2j�MSSQL 2008 R2 is required for WIS The MSSQL 2008 R2 license can be provided by Hams if des b the cit is not included in th a bov e quo Please let Hams know if need 3) The Software License Fee provides the capacity for up to 25,000 service locations and 22 concurrent users Currently Bremerton is licensed for 18,000 service locations and 12 concurrent users 4) Pricing does not include any applicable tax and is valid through December 31, 2012 Sales tax will be billed to the customer unless they are tax exempt 5) Our proposal includes five (5) days of on -site training and implementation. Travel and living expenses are not included and will be billed to the City of Bremerton 6) For a limited time we are offering customers with current support agreements to opportunity to move to this new program at no char for the software lice The re a savin of $75, 00 for — the City of Bremerton' _ 7) Custom programming is normally billed at a rate of $165 00 per hour For a limited time we are offering customers moving to iCIS we a discounted rate of $75 00 per hour This re a sav ing �of $13,500 00 for your custom programming F 8 The training class with be a "Tram the Trainer class that will have up to 5 attend Once traini ng_is ^ completed Bremerton employees that attended the class will train the other users f 9) The Cit of Bremerton's IT D will be res for installin iCIS o all worksta J A 7 v . HARRIS COMPUTER SYSTEMS Page 2 14- PARR /S Payment schedule is as follows and based on information provided in the Pricing section 1. Contract Signing — 40% of contract value invoiced upon receipt of the software order by Hams 2. Acceptance of programming specifications — 20% of contract value invoiced upon acceptance 3. Training - 20% of contract value invoiced upon commencement 4. Implementation - 20% of contract value invoiced upon commencement Above Order Accepted and Approved By: Name Time Signature Date mss= 617777 w w,- ,7 HARRIS COMPUTER SYSTEMS Page 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5L ......................................................... ............................... SUBJECT: Appointment of Kevin Matthew Study Session Date December 12, 2012 to the position of Information Technology COUNCIL MEETING Date December 19, 2012 Manager at Step 2 in Pay Band 16 Department Financial Services Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The current Information Technology (IT) Manager will be retiring at the end of December after having been with the City for over 29 '/2 years The Director of Financial Services has been working with the IT Manager on identifying those within existing IT staff that could be groomed to become a replacement for when the retirement would become effective (succession planning) As such, our current Network Administrator, Kevin Matthew, is being appointed to the IT Manager position effective January 1, 2013 Mr Matthew has been employed by the City of Bremerton for 23 years including 2 years as a Computer Programmer Analyst and 21 years as the Network Administrator Over the last six months, Mr Matthew has shown he has the knowledge and experience to be able to perform the manager's fob and can step into this new role with minimal disruption to City services The IT Manager's pay band is non - represented pay band 16 Step 1 would only increase Mr Matthew's salary by $142 per month To acknowledge the promotion and to have the pay be more commiserate with the increase in responsibility and duties, it is recommended that Mr Matthew be placed at pay band 16, step 2 Per BMC 2 50 032(a), City Council must approve the initial salary of a newly hired person if the starting salary exceeds step 1 ATTACHMENTS: Letter of engagement and Mr Matthew's resume FISCAL IMPACTS (Include Budgeted Amount) Position is fully funded STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to appoint Kevin Matthew to Information Technology Manager at Pay Band 16 Step 2 rate COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 Becky Hessd, aedorot FhWdal serv/oes w e SbeA Salle wo ® bwnwtM WA 98337 Teleplrouie• 360`473.5722 Fir�egx�el Servfoes December 3,2012 Kevin Matthew 11507 Kirkland Lane NW Silve+dale, WA 98383 RE: Leber ojEx gagemwd Dear Kevin: It is with great pleasure that I confirm your appointment to the position of Information Technology Manager. Your position is exempt and included in the Management classifications under BMC 2.50 as follows: Position: Information Technology Manager Department: Financial Services Effective Date: January 1, 2013 Rate of Pay: $3.608.60 Semi Monthly (Band 16, Rate 2) Cond"ent on City Council Approval Appoi�ment/Removal: Director of Financial Services Supervisor: Director of Financial Services Vacation: 25 Days Annually Benefits: Pursuant to BMC Chapter 2.50 You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice. You may be terminated for cause, without notice, and no severance pay shall be paid This letter shall constitute your teams and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or coveired by Chapter 2.50 of the Bremerton Municipal Code (copy attach. Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremerton. Sincerely, Hasart Director of Financial Services cc: Charlotte Behnot% Human Resources Manager ACCEPTANCE OF JOB OFFER: I, Kevin Matthew, hereby accept the appointment to position of Information Technology Manager, effective January 1, 2013 under the co�tii�ions asset forth in this Letter of Engagement. SIGNATURE: DATE: l 31�x ?/ Kevin Kevi M atthew Objective Seeking a management position where I can contribute to a team environment by bringing 24 years of experience in network and systems design, strategic planning and IT operations support. Technical Expertise Operating Systems: VMware ESX 4.0, VMware vSphere, Windows 2000, 2003 & 2008 Servers, Active Directory, Netware 4.11, 5.0, 6.0, 6.5 Servers, NDS, eDirectory, AT &T Unix System V, SCO Openserver, RedHat Lmux, Ubuntu Linux, Windows (3.x,95,98,2000,XP,Win7) Hardware Systems: Barracuda E -mail Security Appliance, Astaro Internet Security Appliance, HP, 3Com & Cisco Switches, Cisco Routers — IOS 11.x, 12.x, Dell PowerEdge Servers, Gateway /ALR Servers, Desktop Computers (Dell, IBM, Gateway) E -mail Platforms: Groupwise (5.5, 6.0, 6.5), MS Exchange 2003, Outlook 2010 Databases: Informix SE, MS Access, Microsoft SQL Languages: Informix 4GL, Informix SQL, C, Visual Basic, Fortran Applications: TrackIT, Rea1VNC, Ethereal, MS Office Suite, Visio, 3Com Network Director, 3Com Wireless Access Point Manager Professional Experience City of Bremerton Bremerton, WA Network Administrator 1996 — Present I am currently the technical lead responsible for all network and voice operations. Tlus includes all network infrastructure equipment, servers, virtualization clusters, network operating systems and services, security and domain administration. My primary job focuses are to provide network operating system planning and hardware/software installation, to support upgrades and provide network development and design services for over 300 users in a distributed environment. My daily job responsibilities include administration of all UNIX and Microsoft servers and Active Directory domain administration. Other duties include planning for and executing short and long term IT strategic planning and assuming operational responsibility for daily operations during the absence of the IT manager. I work with other City departments to evaluate and implement their IT needs. I provide technical leadership and supervision for all IT related support programs and coordinate with technical vendors. Key Projects and Accomplishments • Designed and supervised the installation of the City's first Voice over IP phone system for the Municipal Court. • Planned and supervised the installation of, and migration to, a virtual server computing environment using VMWare virtualization technology. • Planned and supervised a staff of 3 with the installation of, and migration to, Microsoft Windows 2003 Network Operating system and the Exchange 2003 messaging system. • Supervised Help Desk staff and developed policies to improve support levels and response times which minimized user downtime. • Developed a secure access, wireless network for the Bremerton Police Department. This network will increase the proficiency of Police Patrol units by providing them with in -car connectivity. • Designed and supervised the installation of Departmental LAN's and the city WAN The system was originally comprised of multiple TI bridge circuits and a T1 US West Frame Relay link. Currently, the system has grown to full connectivity using single mode fiber optics. • Developed the City's first network consisting of the Novell Netware 4.11 network operating system with the GroupWise 5.2 messaging system. Programmer Analyst 1989 —1996 Hired to provide a leadership role for the installation and administration of the City's UNIX Servers and to provide application development leadership for the City's software applications. Key Projects and Accomplishments • Lead programmer analyst for the Financial, Payroll and Utility Billing applications. • Developed an in-house billing application • Supervised the migration from two NCR minicomputer UNIX platforms to a single AT &T Globalyst S40 platform. Vitro Corporation Silverdale, WA Programmer 1986 -1989 Lead programming support for the contract to NUWES Keyport Weapons Department Manufacture Resource Planning system. Performed Systems administration on an HP3000 running MPE. Trident Refit Facility Naval Submarine Base, Bangor, WA Electronics Technician 1983 —1984 US Navy Trident Training Facility 1979 - 1983 Naval Submarine Base, Bangor, WA USS George C. Marshall 1975 - 1979 Naval Submarine Base, Groton, CT Ballistic Missile Fire Control Technician Education • Bachelor of Science in Computer Science and Systems Management - Shippensburg University of Pennsylvania - Magna Cum Laude 1986 • Graduate studies in Systems Management - University of Southern California Extension — 1993 • Novell Education, CNE-4 — 1996,1998,2000 • Cisco Router Configuration Fundamentals - 2003 • Windows Server 2003 - Active Directory Infrastructure - 2006 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: ACCEPTANCE OF Study Session Date 12/12/2012 INTERPRETER GRANT — INTER -LOCAL COUNCIL MEETING Date 12/19/2012 AGREEMENT ICA13368 Department MUNICIPAL COURT Presenter DAWN NELSON Phone 360 473 -5242 SUMMARY. The Bremerton Municipal Court has been the recipient of an Interpreter Grant from the State of Washington, Administrative Office of the Courts for many years This agreement is renewed on a yearly basis This document is titled an Inter -Local Agreement but it more correctly a grant acceptance form The terms of this Agreement are from July 2012 through June 2013 for reimbursement of interpreter services up to a maximum of $2,84153 ATTACHMENTS- Inter -Local Cooperative Agreement— ICA13368 between State of Washington, Administrative Offices of the Court and Bremerton Municipal Court FISCAL IMPACTS (Include Budgeted Amount) Receipt of $2,84153 No matching funds are required and there will be no expense to the City STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Inter -Local Agreement between the City of Bremerton and the State of Washington, Administrative Office of the Courts and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 l INTERLOCAL COOPERATIVE AGREEMENT -- ICA13368 between STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS and ` BREMERTON MUNICIPAL COURT THIS AGREEMENT is entered into by and between the Administrative Office of the Courts ("AOC') and Bremerton Municipal Court ("Court' for the purpose of distributing funds for court interpreter expenses. 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a. "Certified Interpreter" means an interpreter who is certified by the AOC, as defined in RCW 2.43.020 (4). The names and contact information of certified interpreters are found, and incorporated herein by reference, at www.courft.wa.gov/intetpreters. b. "Registered Interpreter" means an interpreter who is registered by the AOC, as defined in RCW 2 43.020 (6). The names and contact information of registered interpreters are found, and incorporated herein by reference, at: www.coui-M.wa.gov/interpreters. c. "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). d. "Qualifying event" means a court interpreted event meeting any of the following criteria and the Funding Conditions found, and incorporated herein by reference, at: http: / /mside.co=.wa.gov/ content /couitlnterpreter /FUNDING %2OCONDMON S.pdf 0 If the language interpreted is a language for which there are certified language interpreters, the event was interpreted by a certified interpreter who was paid fifty dollars per hour. ❑ If the language interpreted is a language for which there are registered language interpreters, the event was interpreted by a registered interpreter who was paid fifty dollars per hour ❑ If the language interpreted is a language for which there are registered language interpreters, and the court made diligent efforts to secure a registered interpreter yet none was reasonably available, and the event was interpreted by a qualified interpreter. 0 If the language interpreted is a language for which there are no certified or registered language interpreters, the event was interpreted by a qualified interpreter. ❑ If the event was interpreted by a qualified sign language interpreter. ICA13368 Page 1 of 8 ------ - - - - -- - - - - - -- [ 2. PURPOSE The purpose of this Agreement is to engage the services of the Court to improve the quality and availability of court interpreter services for Limited English Proficient CEEP ), deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW. a. These funds are intended to address the Court's following needs: ❑ Fipancial need — i.e., the gap between the Court's available financial resources and the costs to meet its need for certified, registered and qualified interpreters; and 0 Interpreter need — i.e., the gap between the level of the LEP, deaf, and hard of heasang public's need for language access to the courts) (Le., the level of interpreter need) and the available interpreter pool (in particular, certified, registered and qualified interpreters in the Court's most frequently needed languages). 3. DESCRIPTION OF SERVICES TO BE PROVIDED a. The Court agrees to actively participate in the vision and structure for state funding of interpreter services, and to track and provide interpreter cost and usage data needed to demonstrate the impact of the funding. In particular, the Court agrees to submit electronically with each request for reimbursement, completed Interpreter Services Funding Data (" ISF Data') reflecting interpreter services and costs. The Court will submit ISF Data representing both qualifying and non - qualifying events. b. Electronic data shall be submitted using the online application and instructions found, and incorporated herein by reference, at: http: / /inside. courts. wa. gov /lndex.cftn?fa= controfler.showPap &folder= courtlnterpreter &file= interpreterStateFundmg c The Court will ensure that the interpreter funding is used for reimbursement of costs paid to certified, registered and qualified interpreters for qualifying events, and pursuant to the Funding Conditions set forth, and incorporated herein by reference, at: http: / /inside.courts.wa gov/ mdex.cftn ?fa= controller.showPage &folder= courtlnterpreter &file= mterpreterStateFunding d. The Court agrees to partner closely with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement innovations and best practices for providing interpreter services (e.g., innovations in scheduling of interpreters, sharing of translated resources, training of staff and judges), with a view to improving interpreter services and the service infrastructure statewide. e. The Court agrees to submit a written report by December 31, 2012 to the AOC using the template attached as Exhibit A. The report will identify and describe what innovations and best practices have been implemented since the start of state funding i for interpreter services in January, 2008. i ICA13368 Page 2 of 8 i i 4. PERIOD OF PERFORMANCE The period of performance under this Agreement shall be from July 1, 2012 through August 31, 2013. The execution of this Agreement shall constitute a ratification of an earlier verbal agreement between the parties that is now set forth in writing. Accordingly, the beginning date of performance under this Agreement is July 1, 2012 regardless of the date of execution. 5. COMPENSATION a. The Court shall be reimbursed a maximum of $2,841.53 for costs incurred during the period of July 1, 2012— June 30, 2013. No reimbursement shall be made under this Agreement for interpreting occurring subsequent to June 30, 2013. b. The Court shall receive payment for its costs for qualifying events, as defined in Section 1.d. c. The Court shall not be reimbursed until paper A -19 invoices and corresponding electronic ISF Data are received and approved by AOC, pursuant to the following, schedule: 1) Paper A -19 invoices and ISF Data reflecting interpreted assignments oc between July 1, 2012 and September 30, 2012, must be received by the AOC no later than December 31, 2012. 2) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between October 1, 2012 and December 31, 2012, must be received by the AOC no later than January 31, 2013. 3) Paper A-1 9 invoices and ISF Data reflecting interpreted assignments occurring between January 1, 2013 and March 30, 2013, must be received by the AOC no later than April. 30, 2013. 4) Paper A -19 invoices and ISF Data reflecting interpreted assignments occurring between April 1, 2013 and June 30, 2013, must be received by the AOC no later than July 31, 2013. d. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e. The Court shall, no more frequently than monthly, submit its paper A -19 invoices to: AOC Financial Services PO Box 41170 Olympia, Washington 98504 -1170 The ISF Data shall be submitted electronically to AOC Court Services as described in paragraph 3b. ICA13368 Page 3 of 8 £ Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly- completed paper invoice and the completed ISF Data. g. ACC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, AOC may reduce the maximum Agreement amount AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. LANGUAGE ASSISTANCE PLAN(S) As a condition of receiving funding under this Agreement, the Court agrees to masntaun and follow an updated AOC- approved Language Assistance Plan, as defined in RCW 2.43.090(1). 7. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property,jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement 8. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be `works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and /or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of and to authorize others to do so; Provided, that such license shall be limited to the extent which the Court has aright to grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court 9. INDEPENDENT CAPACITY ICA13368 Page 4 of 8 The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. i 10. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the patties. Such amendments shall not be binding unless they are in witting and signed by personnel authorized to bind each of the parties. 11. RECORDS, DOCUMENTS, AND REPORTS The Court shalt maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 12. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this Agreement. 13. DISPUTES Disputes a rising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court; and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. 14. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ICA13368 Page 5 of 8 15. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order. 1. Applicable state and federal statutes and rules; 2. This Agreement; and 3. Any other provisions of the agreement, including materials incorporated by reference 16. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 17. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 18. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the Provisions of this Agreement are declared to be severable 19. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. ICA13368 Page 6 of 8 I f AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all conzoaunicattons and billings regarding the performance of this Agreement: AOC Program Manager: Court Program Manager: Katrin Johnson Dawn Nelson, Administrator PO Box 41170 900 Pacific Ave Olympia, WA 98504 -1170 (360) 7044062 Bremerton, WA 98337 jez b=johnson@courts wa. ov dawn.nelson @ci.bremerton.wa us AGREED: THE ADMINISTRATIVE OFFICE COURT OF THE COURTS Dirk Mader, Director Date Date Judicial Services Division ICA13368 Page 7 of 8 i Exhibit A I Interpreter Reimbursement Program W�A6H] ? ■ � �.. r ■ O "t0 , 2012 -2013 Court Report �,'bl�irgsTxCi�eb�eigc gl�T� �e4ouxrs This Information Is being collected from trial courts participating in the state court interpreter reimbursement program. This program was intended to help transform the quality of court interpreter services statewide, while providing financial assistance to offset the increased costs. For purposes of evaluating the effectiveness of this program and Identifying how to structure the program for the future, please answer the following questions. 1 Name of Court or County Clerk Office: 2 Person Reporting: 3. Provide a general description of interpreting services provided by your court prior to January 1, 2008 (e.g use of certified/registered interpreters, charging litigants for interpreter costs, for which hearing types the coup: provided interpreters, use of staff interpreters, interpreter scheduling practices, etc.) in approximately 100 - 200 words: 4 Provide a description of interpreting services currently provided by your court (e.g. use of certified/registered interpreters, charging litigants for interpreter costs, for which hearing types the court provides interpreters, use of staff interpreters, interpreter scheduling practices, etc.) in approximately 150 — 250 words: 5 Sometimes neighboring courts work collaboratively with one another to improve Interpreting services. A few examples include combined scheduling, implementation of consistent payment policies, shared staff interpreters, or coordination of interpreter calendars. Describe any collaborative efforts implemented since January 1, 2008 between your court and others to Improve interpreting services and /or reduce expenses (please describe even if included in a previous answer). 6. Identify the two or three greatest Improvements made by your court since January 1, 2008 to improve interpreting services and /or reduce expenses (please describe even if Included in a previous answer): 7. ldenhfy any changes or Improvements your court plans to implement in the future to improve Interpreting services and /or reduce expenses (please describe even if included in a previous answer).' Submit this report in Word 2000 format by December 31, 2012 to: Interpreters @courts.wa.gov i ICA13368 Page 8 of 8 AGENDA BILL CITY OF BREMERTON CITY COUNCIL &A ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Public Hearing and Ordinance Study Session Date 11/28/12 & 12/12/12 No 5202 to adopt the 2012 Comprehensive COUNCIL MEETING Date 12/19/12 Plan Amendment Docket Department DCD Presenter D McIntyre, A Daniels Phone 360 -473 -5845 SUMMARY: The action before the Council is to conduct a public hearing to consider the proposed 2012 Comprehensive Plan Amendments The amendment docket contains 1) amendments to the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center boundaries to be eligible for re -zone to Warren Avenue Corridor (WC) zoning designation, 2) amendments to the Bay Vista Subarea Plan as follows reallocation of Village Commercial and multi -family locations, revise permitted land uses to reflect land use zones that are being condensed, revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan The two amendment docket items are a result of applications received from interested parties ATTACHMENTS: 1) Staff Memo 2) Planning Commission Minutes from July 17, 2012 Planning Commission Workshop, September 18, 2012 Planning Commission Workshop, and October 9, 2012 Planning Commission Public Hearing 3) Proposed Ordinance No 5202 Exhibit A— Planning Commission Findings and Conclusions Exhibit B— Downtown Regional Center Subarea Plan Amendment Exhibit C —Bay Vista Subarea Plan Amendment FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION - Move to pass Ordinance No 5202 adopting the 2012 amendments to the Comprehensive Plan COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02112 Attachment 1 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM From: Doug McIntyre, City Planner, Allison Daniels, City Planner Date: November 28, 2012 Re: 2012 Comprehensive Plan Amendment Docket EXECUTIVE SUMMARY Staff and the Planning Commission are pleased to present the proposed 2012 Comprehensive Plan Amendment docket for Council consideration State and City statutes allow the Comprehensive Plan to be amended a maximum of once per year (not including adoption of new Subarea Plans) Each of the proposed Comprehensive Plan amendments must show consistency with the criteria contained in BMC 2010 080 The Planning Commission conducted a Public Hearing on the amendments and recommends the Council adopt the changes The Commission has passed findings and conclusions (See Ordinance Exhibit A) that demonstrate the consistency with the criteria outlined in BMC 20 10 080, and includes policies in the Comprehensive Plan to support the proposed changes The 2012 Docket includes two amendments as follows DOCKET ITEMS 1 On April 2, 2012, Rice Fergus Miller Inc, acting as agent for the property owner, submitted a request for land use change Three parcels, located at 1008, 1016, and 1018 Burwell Street (at the corner of Burwell Street and Warren Avenue, see Attachment 1), currently designated Low - Density Residential, are proposed to be included in the Downtown Regional Center boundaries Development in the Downtown Regional Center is guided by the Downtown Regional Center Subarea Plan (adopted on December 19, 2007 by Ordinance 5034) The Downtown Regional Center Subarea Plan directs focused, mixed growth according to the City's Comprehensive Plan vision for downtown as the "Metropolitan Center of the West Puget Sound." The Subarea Plan includes design standards, zoning, and streetscape standards for the greater downtown area Attachment 1 The development of the Downtown Regional Center Subarea Plan included a focus on the Warren Avenue Corridor, located along the west edge of the center This corridor was envisioned to provide a commercial district of medium intensity to transition to lower scaled uses outside of the downtown, as specified by the Warren Avenue Corridor zone (WC zone) However, implementation of this vision is difficult with the existing boundaries because the western side of the Warren Avenue Corridor is only one parcel deep, inhibiting, in many cases, the ability to build medium density uses as specified by the WC zone. To better implement what was envisioned for this area, a proposal to add three parcels to the Downtown Regional Center boundaries would allow ample space to accommodate development intended to occur under the original Subarea Plan The three parcels are currently developed with vacant multi - family residential units and the current zoning designation is R -10, the Comprehensive Plan Land Use designation is Low - Density Residential. The underutilized nature of the properties presents an opportunity, if re- designated, to revitalize the edge of the downtown core by allowing a redevelopment pattern to occur that the current Low Density Residential designation does not allow Impacts on neighboring parcels along Burwell Street are anticipated to be minimal, due to the sparse nature of development on the block as well as the mix of existing uses, including single - family, multi - family, parking, and undeveloped lots Additionally, the WC Zone is intended to provide a commercial district of medium intensity to transition to lower- scaled uses outside of the downtown core, which will ensure that development on the subject parcels will be done in a manner that minimizes impacts on the surroundings Once included in the Downtown Regional Center Subarea Plan, these three parcels will be eligible for rezoning to the WC zoning designation as set forth in the Subarea Plan See Ordinance Exhibit B. 2 The second amendment to this docket is the revisions to the Bay Vista Subarea Plan Originally this plan was called the West Park Subarea Plan and was adopted in 2007 In 2009, the applicant, the Bremerton Housing Authority (BHA), revised the subarea plan and is now known as the Bay Vista Subarea Plan The Bay Vista Subarea Plan was created in consultation with stakeholders, residents, and neighbors It used an intensive design charette process and numerous community meetings Development of the Subarea Plan also used environmental analysis, including preparation of a SEPA /NEPA environmental Impact Statement (EIS), and an EIS addendum, to inform master planning of the site consistent with environmental constraints and opportunities However, as the site is being developed, market conditions and site constraints have made the regulations of the existing Subarea Plan difficult to implement BHA is proposing amendments to the Bay Vista Subarea Plan that includes reallocation of Attachment 1 Village Commercial and multi - family locations, revise permitted land uses to reflect land use zones that are being condensed, revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan. The revised and updated Bay Vista Plan is contained in the proposed Ordinance Exhibit C. Attachment 2 CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING July 17, 2012 CALL TO ORDER Chair Jose called the regular meeting of the Bremerton Planning Commission to order at S 30 p in ROLL CALL Commissioners Present Staff Present Chan Jose Andrea Spencer, Director, Department of Community Development Vice Chair Cockburn Doug McIntyre, Long Range Planner, Department of Community Development Commissioner Albright Allison Daniels, Land Use Planner, Department of Community Development Commissioner Hoell Commissioner Lambert Commissioner Tift Commissioners Absent Commissioner Mosiman (Excused) Quorrun Certified APPROVAL OF AGENDA COMMISSIONER TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED COMMISSIONER HOELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER LAMBERT MOVED TO APPROVE THE MINUTES OF JUNE 19, 2012 AS PRESENTED. VICE CHAIR COCKBURN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY, WITH COMMISSIONER TIFT ABSTAINING PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Jose asked if there were any comments from citizens Seeing none, lie closed the public portion of the meeting Ovet view Presentation — 2012 Annual Comprehensive Plan Amendment Docket Mr. McIntyre explained that tonight is the first of several meetings the Commission will have to discuss the 2012 Comprehensive Plan amendments He reminded the Commission that in 2004 the City adopted an updated Comprehensive Plan, which is a 20 -year plan that guides development in the City He explained that the City processes Comprehensive Plan amendments annually, with an application deadline of Apiil I' of each year Generally, the amendments are adopted by the P a a a P Attachment 2 end of the year lie reviewed that amendments are allowed to reflect current conditions that may not have been addressed when to the plan was originally adopted, and they require a recommendation by the Planning Commission and final approval by the City Council Mr. McIntyre reviewed the tentative schedule for the 2012 Comprehensive Plan amendments lie said tonight's informal workshop is the first of two, and the Septembei 18 "' workshop will be more formal A public heal ing is tentatively scheduled for Octobei 9'", after which the Commission will forward a recommendation to the City Council The amendments and the Commission's recommendation will be presented to the City Council on November 28 "', and the Council will conduct a public hearing and take final action on December 5' I Land Use Designation Change of Three Parcels Located at Burwell Street and Warren Avenue Mr. McIntyre explained that Amendment i relates to three parcels located at the cornea of Burwell Street and Warren Avenue (1008, 1016, and 1018 Burwell Street) The applicant, Rice Fergus Miller, Inc , is acting on behalf of the property owner, Diamond Parking The proposal is to include the three parcels into the Downtown Regional Centel Subarea Plan boundaries and apply the Warren Avenue Corridor (WC) zoning designation He said the site is currently developed with vacant residential units, which are in poor condition The current zoning designation is R -10, and the cull ent Comprehensive Plan Land Use Designation is Low - Density Residential He explained that the properties are considered underutilized at this time, and the proposed amendment presents an opportunity to implement the vision of the Downtown Regional Center Subarea Plan by encouraging new development He explained that if the three parcels are included in�the Downtown Regional Center Subarea Plan and assigned the WC zoning designation, development of the parcels would be guided by the subarea plan Mr. McIntyre provided conceptual renderings to illustrate the general idea of what the applicant envisions going forward lie reminded the Commission that the WC zone is intended to provide a commercial district of medium density to transition from the lower -scale uses outside of the downtown core Commissioner Hoell asked if the conceptual renderings represent all idea or a proposal for development Bob Cuyt, Rice Fergus Miller, Inc., emphasized that the drawings are intended to be conceptual, and no building permit application has been submitted to date Commissioner Tift pointed out that although the renderings show building all the way to the property line, a setback would be required on the side that borders the R -10 zone Mr. McIntyre agreed He pointed out that if the properties are included in the WC zone, additional setbacks are requited for taller buildings Commissioner Hoell asked if other parcels further west on Burwell Street would eventually be included in the subarea Mr McIntyre recognized this is a potential option, but it is not currently being considered He explained that the oirgmal subarea boundary only included the parcels fronting on Warren Avenue Rom staff's perspective, more parcels could be added to more fully implement the goals of the WC designation in the Downtown Subai ea Plan Commissioner Lambert asked if staff believes the proposed Comprehensive Plan amendment is necessary for the property owner to develop the site in a manner that is consistent with the subarea plan Mr. McIntyre answered affirmatively Commissioner Albright clarified that the properties that front on Warren Avenue have already been designated as part of the subarea plan and have a WC zoning designation Ms. Spencer explained that when the subarea plan was adopted, the intention was to encourage redevelopment in the Warren Avenue Corridor However, it is very hard to achieve high - intensity uses along the corridor because the zone is only one parcel deep Mr. McIntyre pointed out that a project on the subject property could become a gateway to Bremerton Chair Jose invited the public to comment on the proposed amendment No one in the audience came torwaid and the public portion of the discussion was closed Vice Chair Cockbui n expressed )its belief that extending the subarea boundaries further west would be contrary to the 2004 Comprehensive Plan, which outlines a "centers" concept The intent was to focus on the centers rather than the corridors He concluded that extending the boundaries of the subarea further west would require a Comprehensive Plan amendment because the corridors are not currently set up to be developed beyond their current level of zoning Mr. McIntyre agreed •• i P Btemerton Planning Commission Minutes July 17, 2012 —Page 2 of 6 Attachment 2 that the intent is to target development into the "centers," but transition zones are also important elements of creating healthy "centers " The WC zone provides part of that transition, and the proposed amendment would help achieve the ability to develop in the WC zone Vice Chair Cockburn emphasized there was a conscientious effort in the Comprehensive Plan to avoid "strip mall" types of development, which could occur if the subarea is extended to include additional pioperties to the west Mr McIntyre said he does not anticipate the pioposed amendment would facilitate that type of development Chair Jose cautioned against continually adding parcels to stretch out the subarea and create additional corridors 2 Revisions to Bay Vista Subarea Plan Ms. Daniels explained that the Department of Community Development is in support of the Bremerton Housing Authority's proposed Comprehensive Plan amendments She invited representatives from the Bremerton Housing Authority to present the proposed amendments to the Commission Kurt Wrest, Executive Director, Bi emerton Housing Authority, introduced Nancy Austin, Director of Real Estate and Contracts, Bremerton Housing Authoi ity, and Mike Brown, Construction Manager, Bremerton Housing Authority Mi Wiest said the Bay Vista Subarea Plan was originally approved in 2007 as the Westpark Subarea Plan The name was changed at a later date He explained that the triangular- shaped site represents the western gateway into Bremerton The 83- acie site is bounded on duee sides by SR -3, Kitsap Way and Oyster Bay Avenue The site was originally developed over a 9- month period in 1940 and 1941 as defense industry housing (Westpark) to support shipyard workers Following World War II, the property was transformed into low - income rental housing that was owned and managed by the Bremerton Housing Authority for 63 years (1945 through 2008) When the original subarea plan was approved in 2007, 582 public housing units were located on the site Mr Wiest explained that the subarea planning process that took place in 2006 and 2007 included an exhaustive public process to determine the best and highest use for the site The process included public meetings, a design charrette, stakeholder meetings, workshops and public hearings The approved Bay Vista (formerly Westpark) Subarea Plan was supported by the Planning Commission, City Council, the neighborhood and the entire community He said the Bremerton Housing Authority has stayed true to the goals and objectives identified in the subarea plan, which includes • Promoting a mixed -use, mixed -income neighborhood • Creating a pedestrian - oriented environment • Maintaining and enhancing existing views, landscape and corridors This is a unique site that has a great deal of variation in elevation There are spectacular views of both Oyster and Ostrich Bays from the highest prominence on the site • Enhancing the civic realm and creating more useable public open spaces The site is being changed from an entirely low - income public housing project with very little open space to a new neighborhood with open space that is accessible to the entire community • Promoting economic development through provision of commercial activities and services The original Westpark development was 100% residential The approve subarea plan incorporates a mixtin a of uses, including commercial activities • integrating low - impact development approaches into the site master plan where possible and practical Next, Mr Wiest reviewed the housing author ity's progress to date, specifically noting their success in meeting the goals and objectives of the subarea plan He reported that in 2007, Bay Vista Commons, a 72 -unit assisted living building, was completed They were awarded a $20 million Housing and Urban Development (HUD) HOPE Vi Public Housing and Revitalization Grant, an American Recoveiy and Reinvestment Act (ARRA) Grant, Housing Trust Funds, and Low - Income Housing Tax Credits These funds have been used to stimulate the change that has occurred on site He said that all of the formes public housing residents were successfully relocated so that demolition of the Westpark units could move forward, and 220 new affordable rental housing units (The Surninit, Bay Vista West and Bay Vista South) have been completed They have also begun significant improvement to the public open space known as the Bay Vista Preserve, which will include improved trails for greater public access Mr Wiest said the Bremerton Housing Authority is proposing an amendment to the Bay Vista Subarea Plan to address significant changes in the economic environment since the plan was approved in 2007, particularly in real estate investment " ® B Bremerton Planning Commission Minutes July 17, 2012 — Page 3 of 6 P P O Y A Attachment 2 and value There is a need for greater flexibility to achieve the vision, goals and objectives stated in the original plan Fine - tuning the plan is necessary in response to local, regional and national market conditions Nancy Austin, Director of Real Estate and Contracts, Bremerton Housing Authority, said the housing authority is proposing that the Village Commercial and Multi - Family locations and detail be reallocated She reviewed that the original plan identified a commercial area on the west side of the property for ancillary retail uses such as shops and restaurants in a pedestrian - friendly neighborhood She reported that portions of the commercial property were sold to and developed by Winco Foods and the Kitsap Credit Union However, only about 59,000 square feet of the 183,000 square feet of ietatl space that was identified in the original subarea plan has been developed They ate asking to expand the footpi int of the Village Commercial area so that restaurants and shops can be added between the apartment building and Winco She clatified that they are not asking to go beyond the 183,000 square feet of commercial space envisioned in the original subarea plan and Environmental Impact Statement (EIS), but they would like to spread it out with more landscaping Ms. Austin said that the proposed amendment would also revise the list of allowed and disallowed uses to be consistent with the approach used in the South Kitsap Industrial Area (SKIA) Subarea Plan The goal is to provide a vat iety of shops and restaurants foi people to visit They feel the requested changes are more in keeping with the Village Comineicial feel that was envisioned in the subarea plan This would necessitate moving the multi- family development that was supposed to be located between The Summit and Winco to the other side where the lest of the multi- family development is located She summarized that the housiing authority is not pioposing to change the mixture of uses allowed on the site, but they would like to adjust the location of the proposed uses Ms. Austin said the proposed amendment would remove the design standards from the subarea plan instead, design would be addressed as part of the recorded covenants, conditions and restrictions (OCRs) established by the Bay Vista Homeowners Association The Bremerton Housing Authority and its board members will continue to be the primary members of the Bay Visit Homeowners Association to ensuie that the vision of the of iginal design standards is kept Commissioner Hoell said she was on the Planning Commission when the Westpark Subarea Plan was adopted and iecalled there were many comments fiom inteiested parties She asked if the proposed amendments have been vetted by a mixture of citizens and stakeholders Ms Austin said the housing authority has and will continue to seek public input iegarding the transformation of the site hi particulai, the proposed amendments were biought forward in a quaiterly meeting with all stakeholders, and a notice of the public hearing that coincided with the regular board meeting was published in the local newspaper A list of Planning Commission and City Council meetings has been published, as well No negative responses have been received to date She emphasized many of the changes are based on requests from people who live in of around the development. Ms Daniels said the proposed amendment would be fine -tuned throughout the summer months based on feedback fiom the Commission and the public An updated draft would be presented to the Commission foi additional review in September Ms. Spencer said that because the proposed amendment is complicated, a notice was placed on site to invite the public to provide input, and pail of the ieason why we were conducting the current workshop overview of the 2012 Compielnensive Plan Amendment Docket A legal ad was also published in the local newspaper Chair Jose requested clarification about how concepts from the SKIA Subaiea Plan were incorporated into the proposed amendment Ms Daniels said that staff recommended that rather than providing a detailed list of permitted and prohibited uses, a zoning district "intent' is established in the code and all uses that meet the intent of the zone would be permitted outright This was the approach utilized in the SKIA Subarea Plan. Vice Chair Cockbuin observed that the multi - family and single - family residential developments were separated more in the original subarea plan Ms. Austin said the of iginal subarea plan anticipated attached, single - family residential units The HUD grant required the housing authoi ity to complete a market study, which showed that the single- family attached model would have a 40 -year absorption rate This necessitated a change from 400 condominiums /townhouses to about 200 individual detached, single- family lots There will still be a mixture of multi - family and single -family residential development Although the amendment pioposes an mciease in the amount of land dedicated for commercial uses, the commercial development will be dispersed into smaller buildings and the total square footage of commercial space would only be about half of the 183,000 square feet identified in the subarea plan Bremerton Planning Commission Minutes July 17, 2012 — Page 4 of 6 a a a a Attachment 2 Commissioner Tift commended the housing authority for doing a masterful ,lob of reinvigorating and rebuilding the site up to this point Ms. Austin pointed out that one goal of the subarea plan was to bring more economic development and Jobs to the community, which can be accomplished by providing more small retail development Mr. Wiest expressed thanks for the compliment He commended the housing authority staff for their hard work, and he complimented the City staff for being so helpful and supportive He summarized that because the original subarea plan addresses the desires of the community, it has received wide public support Commissioner Hoell recalled that when the subarea plan was adopted in 2007, there was a great deal of discussion about the configuration and mix of different housing options, particularly low- income housing She asked how the proposed amendments would address this concern Ms. Austin reviewed that prior to redevelopment, there were 582 low- income families living on the site, and there are now 179 public housing units The remainder of the people were relocated out into the community with Section 8 vouchers She said people who lived in Westpaik prioi to redevelopment were given first opportunity to relocate to the Bay Vista development Most people are happy in their new locations, and only 24 have indicated a desire to come back Commissionei Hoell asked if the housing authority plans to provide more low- income housing units on the site, and Ms. Austin answered no The ►emamder of the units will be market rate of work force housing Chair Jose said that as part of the giant, it was discussed that instead of consolidating the low- income units into one single area, they would be dispersed among the community He asked if that would still be the case Ms Austin answered that the low- income units have indeed been dispersed Commissioner Lambert agreed with Commissioner Tift that the new development is a significant improvement She asked if the proposed amendment would mean issues such as lighting and signs would be handled by the Bay Vista Homeowners Association's design review committee Ms. Daniels answered that lighting, signage, etc would have to comply with existing City codes, but other design issues that are currently addressed by staff via the design criteria in the subarea plan would be handled by the Bay Vista Homeowners Association's design review committee While design standards are very important to the City, it was felt the association's design review committee and CCRs could address design issues adequately Commissioner Lambert asked if the design criteria would be changed when it is transferred from the subarea plan to the association's CCRs Ms. Daniels answered it was not expected that changes would be made Chair Jose opened the meeting for public comment, but no members of the public came forward BUSINESS MEETING Chair Report Chan Jose did not have any additional items to report to the Commission Director Report Ms. Spencer introduced Heather Kauer, the City's new Assistant Directot Ms. Spencer reported that the South Kitsap Industrial Area (SK1A) Subaiea Plan and planned action environmental impact statement (EIS) is moving forward to the City Council A public workshop was conducted last week to discuss the State Environmental Policy Act (SEPA) rules, which must be amended to give the City authority to adopt a planned action ordinance The City Council will take action on the SEPA amendments on July 18' Staff will meet with the City Council in an additional study session on July 25' and the subarea plan is scheduled for public hearing and final adoption by the City Council on August I" Ms. Spencer advised that the City Council is in the process of reviewing the draft Shoreline Master Program (SMP), and staff is providing weekly workshops to review each element Staff anticipates the City Council will take action on the SMP to September or Octobet Bremerton Planning Commission Minutes July 17, 2012 — Page 5 of 6 Attachment 2 Old Business There was no old business scheduled on the agenda New Business Chair Jose announced that the Commission's August meeting has been cancelled Their next regular meeting will be September 18' ADJOURNMENT The meeting was adjourned at 6 16 p in Respectively Submitted by 4regg I Brea L S , AICP AICP, Ex utiv Secretary Chair, Planning Commission Bremerton Planning Commission Minutes July 17, 2012 — Page 6 of 6 Attachment 2 e CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING September 18, 2012 CALL TO ORDER Chair Jose called the regular meeting of the Bremerton Planning Commission to order at 5.31 p in ROLL CALL Commissioners Present Staff Present Chair Jose Andrea Spencer, Directoi, Department of Community Development Commissioner Albright (arrived at 5 37) Allison Daniels, Current Plannei, Department of Community Development Commissioner Hoell Doug McIntyre, Long Range Planner, Department of Community Development Commissioner Lambert Commissioner Tift Commissioners Absent Vice Chair Cockburn Quorum Certified APPROVAL OF AGENDA COMMISSIONER TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER HOELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER LAMBERT MOVED TO APPROVE THE MINUTES OF JULY 17, 2012 AS PRESENTED COMMISSIONER TII +T SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Jose asked if theie were any comments from citizens Seeing none, he closed the public portion of the meeting Commissioner Albright arrived at the meeting at 5 37 p m Workshop. 2012 Annual Comprehensive Plan Amendment Docket Mr. McIntyre reviewed that an informal workshop was held on July 17` to introduce the 2012 annual Comprehensive Plan Amendment Docket to the Commission The purpose of this workshop is to discuss the two pioposed amendments in greater detail He reminded the Commission of the process for reviewing Comprehensive Plan amendments and described the tentative schedule for reviewing the proposed amendments. He announced that the Commission's regular meeting of Attachment 2 October 16 "' was cancelled Instead, the Commission would conduct a public hearing on the proposed amendments at a special meeting on October 9 The City Council is tentatively scheduled to conduct a workshop on the proposed amendments on November 28' with a public hearing and final action scheduled for December 5' A Land Use Designation Change of Three Parcels Located at Burwell Street and Warren Avenue Mr. McIntyre explained that this proposed amendment is to change the land -use designation for three parcels located at the corner of Burwell Street and Warren Avenue, Just outside the Downtown Regional Center Subarea The parcels are owned by Diamond Parking and are currently occupied by vacant multifamily residential units The intent of the amendment is to move the three parcels into the Downtown Regional Center Subarea, making them eligible for a rezone to the Warren Avenue Corridor (WC) Zone The parcels are currently zoned R -10 (low - density residential) The Comprehensive Plan Land Use Map identifies the parcels as low - density residential, as well. Mr. McIntyre reviewed how the proposed amendment would meet the decision criteria outlined in Bremerton Municipal Code (BMC) 20 10 080 as follows. • The amendment must be consistent ivith the Growth Management Act (GMA). Mr. McIntyre said the amendment is consistent with the GMA by being consistent with the goals and policies of the Comprehensive Plan, which was created to achieve the goals of the GMA • The amendment must be consistent with lire Comprehensive Plan or outer goals or policies of the City. Mr. McIntyre said the amendment is consistent with the Comprehensive Plan by furthering the Centers Concept, which is the central theme of the Comprehensive Plan The amendment is consistent with many policies found in the land use and community character elements of the Comprehensive Plan Also, the amendment would not change the intent of purpose of the Comprehensive Plan, and there would be no negative effect from the proposal • !f the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment mist have significantly changed or fire needs of the City must have changed to support the amendment. Mr. McIntyre noted that because the amendment is a new proposal, this criterion would not be applicable • The amendment must be compatible with existing or planned land uses and the surrounding development pattern. Mr. McIntyre advised that the amendment is compatible with existing land uses and the surrounding development pattern as it was studied in the development of the Downtown Regional Center Subarea Plan pi for to adoption • The amendment must not adversely affect the City's ability to provide urban services at the planned level of service and it must bear a reasonable relationship to benefiting the public health, safety and welfare. Mr. McIntyre said the amendment would not adversely affect the City's ability to provide urban services because the parcels are already part of the existing urban framework characterizing the Downtown Regional Center Subarea This is a textbook urban infill project, with an underutilized piece of property being envisioned for more density and enhancement of the pedestrian environment Mr. McIntyre summarized that staff generally supports the proposal as it meets the five criteria outlined in BMC 20 10 080 Mi. McIntyre recalled that at the July 17 "' workshop, the Commission raised a concern about the cascading affect this decision would have on future decisions for properties located further down But well Street to the west He pointed out that the three parcels are bordered on the east and west sides by two parking lots, which are 20 spaces or more Staff does not believe the amendment, if adopted, would have a negative effect on the mixture of residential uses (multi - family, duplex, single - family) further to the west on Burwell Street He reminded the Commission that the intent of the zone is to have development that transitions from the higher density located in the core of the downtown to the less intense uses as you get further out He also emphasized that design and site plan review would be required as part of the application process to ensure the end product is high quality and does not allow higher intensities that negatively affect lower - intensity residential uses Commissioner Hoell expressed concern about the subject properties becoming part of the WC Zone when most of them are located on Burwell Street and not Warren Avenue Mr. McIntyre said the WC Zone is envisioned as a medium- density commercial area with a mixture of uses Allowing more of the parcels west of Warren Avenue to be included in the subarea would enable developers to construct a product that achieves the intent of the zoning Through the design review process, the •� �a r Bremerton Planning Commission Minutes September 18, 2012 — Page 2 of 7 Attachment 2 City can require that any future development proposal must mitigate potential impacts to the residential development that is located further west on Burwell Street and ensure that the development is oriented toward Warren Avenue Commissioner Tift asked if the parcel to the east of the subject properties is also owned by Diamond Parking Mr. McIntyre answered affirmatively He said it is currently developed as a parking lot If the proposed amendment is approved, the four parcels would be the subject of a project application Commissioner Tift pointed out that "choke point" on Burwell Street becomes congested during the morning and evening commute times, and this could make ingress and egress to the subject pioperties difficult He asked if a traffic study would be required as part of any future development proposal Mr. McIntyre said that the State Environmental Policy Act (SEPA) and land use ieview processes would consider trip generation and traffic impacts He said it is important to keep in mind that the proposed amendment would help achieve a more pedestrian - friendly environment, which could lesson some of the vehicular impact Ron Easterday, Rice Fergus Miller, Inc., Applicant's Agent, pointed out that the parking areas located to the east and west of the subject properties would be removed as part of any future redevelopment project He suggested that this could help reduce traffic, as well Commissioner Tift said he does not believe the parking lot traffic contributes significantly to the overall congestion at the intersection The most significant congestion is a result of ferry, bus and commuter traffic Mr. McIntyre reminded the Commission that fulfilling the intent of the WC Zone is a huge benefit of the proposed amendment The current zoning, which is just one parcel deep off of Warren Avenue, is prohibitive in fulfilling the intent of the zone that was created in 2007 after a lengthy public process Commissioner Tift asked if foui parcels west on Burwell Street would become the new anchor point for change to also occur on streets located to the north and south Mr. McIntyre said staff cannot speculate about whether this expansion will occur in the future Each proposal will be considered on a case -by -case basis Commissioner Tift agreed with staff that having the WC Zone just one parcel deep on the west side of Warren Avenue does not contribute to a pedestrian- friendly environment, especially since traffic has been restricted through the zone Commissioner Lambert asked if staff considered extending the WC Zone to include additional parcels to the west on other streets besides Burwell Street Mi. McIntyre said that a pi ivate property owner approached the City with a request to amend the Comprehensive Plan regarding the three parcels The City has not considered expanding the request to include additional properties Ms. Spencer explained that based on staffs limited resources, their intent is to process just the docket items that were presented and not consider additional opportunities for expansion She reminded the Commission that the City must complete a majorupdate of their Comprehensive Plan in 2016, and this will requue several years of work Commissioner Hoell asked staff to explain the difference between "centers" and "corridors " Mr McIntyre replied that the Puget Sound Regional Council (PSRC) designated the downtown subarea as a regional center (important for jobs, housing acid population growth) The Downtown Regional Center Subarea has its own "center" where the most intense uses are supposed to be located "Corridors" are intended to tiansition from the more intense uses to the less intense uses Ms Spencer explained that the 2004 Comprehensive Plan calls for very intensive development in the center, and then de- intensifying development as you move outwaid towards the residential zones The Comprehensive Plan anticipates the Warren Avenue Corridor to be very dense development with transitions for setback and building height lequilements as you move towards the single - family residential development, but it failed to consider how the overall vision for the corridor would be implemented to support the core of the downtown center Designating the west side of the corridor as just one parcel deep does not allow for full implementation In order to achieve redevelopment oriented towards Warren Avenue, parcels to the west would ideally be at least 100 feet deep Commissioner Hoell recalled that when the Downtown Regional Center Subarea Plan was approved, there was a great deal of discussion about how far the subarea boundaries should extend The current boundaries were set to address significant public concern Ms Spencer noted that there was not a high degree of public participation related to this particular neighborhood Commissioner Hoell summai ized that people expressed a general concern that the subarea boundaries would move into their neighborhood next Bremerton Planning Commission Minutes September 18, 2012 — Page 3 of 7 Attachment 2 Commissioner Hoell said staff has indicated they are generally in support of the pioposal She asked if staff has any ieservations regarding the proposed amendment Mr. McIntyre said staff supports the entire proposal as it meets the five i equired criteria outlined in the BMC Commissioner Albright asked if the proposed amendment would allow the property owner to demolish the existing residential units on the subject parcels to construct an additional packing lot She said she does not want the property to be developed as another parking lot Mr. McIntyre said the property owner's intent is to redevelop the property to meet the intent of the WC Zone Ms Spencer reminded the Commission that the zoning code actually prohibits the creation of new stand -alone parking lots Mr. McIntyre added that the proposed amendment would allow the property to be redeveloped into something more desirable that provides a gieat gateway into Bremerton Bob Guyt, Rice Fergus Miller, Applicant's Agent, commented that if the proposed amendment is denied, it is highly unlikely that a single - family residential unit would be constructed on the subject parcels The proposed amendment would create a property that could be redeveloped as a single project that is consistent with the Downtown Regional Center Subarea Plan He emphasized that the zoning code contains good design standaids to address potential impacts The applicant's goal is to do the right thing, and the subject properties offer a perfect transition between the more intense uses located in the core of the subarea and the outlying single - family residential neighborhoods He encouraged the Commission to recommend appi oval of the proposed amendment B Revisions to the Bay Vista Subarea Plan Ms. Daniels reviewed that in 2004, the Comprehensive Plan identified the property currently known as the Bay Vista Subarea Plait as a Public Sector Redevelopment Site with high potential for innovative development that would have a clear benefit to the community, such as the ability to piovide for unique housing needs The West Paik Subarea Plan was adopted in 2007, via an application by the Bremerton Housing Authority (BHA) and the issuance of a Housing and Urban Development (HUD) HOPE VI Grant Tite Comprehensive Plan was amended in 2009 to rename the subarea to Bay Vista, clarify plan language, and add more teiritory She announced that the BHA has presented a request to amend the subarea plan further Ms. Daniels ieviewed how the pioposed amendment would meet the decision ciiteria outlined in Biemerton Municipal Code (BMC) 20 10 080 as follows • The amendment muvt be consistent with the Growth Management Act (GMA). Ms. Daniels said staff finds the amendment is consistent with the GMA She explained that the amendment was developed iii consideration of the goals of the GMA and reflects a careful balancing of the goals within the local conditions of the City of Bremerton • The amenrhnent must be consistent with the Comprehensive Plan or other goals or policies of the City. Ms. Daniels said the amendment is consistent with many policies in the Comprehensive Plan, in particular those related to the Shaping of Bremerton Theine, the Community Character Goals, the Land Use Goals, and the ]-lousing Goals In addition, Pages 5 through 8 of the Bay Vista Subarea Plan (Attachment 2) piovide more detail regarding consistency with the Comprehensive Plan • If the antendntent was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment must have significantly changed or the needs of the City must have changed to support the amendment. Ms. Daniels noted that this criterion is not applicable to the proposed amendment • The amendment must be compatible with existing or planned land uses and lire surrounding development pattern. Ms. Daniels said the amendment is compatible with the well - integrated planned development, and all current development on the site would be conforming All the goals and policies within the Comprehensive Plan and the original adoption of the subarea plait continue to meet today's proposal • The amen anent must not adversely affect the City's ability to provide urban services at the planned level of service and it must bear a reasonable relationship to benefiting the public health, safely and welfare. Ms. Daniels said the amendment would not affect the City's ability to provide urban services as the parcels are already part of the existing urban framework characterized in the Bay Vista Subarea The developments within the Bay Vista neighborhoods are working with the City of Bremerton Public Works Department to extend and improve the existing infrastructure The amendment would provide more flexibility to develop residential and commercial entities that will benefit the public INTAINNAM Bremerton Planning Commission Minutes September 18, 2012 —Page 4 of 7 Attachment 2 health, safety and welfare by piomoting easier access to fobs, transportation and urban amenities (grocery stores, parks and banks) and lead to a more pedestrian - friendly environment with walkability and access to basic services Ms. Daniels summarized that the proposed amendment complies with the decision criteria of the BHC, and staff i ecommends approval of the amendment as proposed She noted that a public hearing has been scheduled for October 9 1h Kurt Weist, Executive Director, BHA, explained that revitalization of the 88 -acre parcel is not about what BHA is doing, it is about the community's desire for this large property that is the western gateway into Bremerton He said the subarea is bounded on three sides by State Route 3, Kitsap Way and Oyster Bay Avenue It was originally developed in 194041 as defense industry housing to support shipyard workers Following World War 11, the units were transformed into low- income rental housing that has been owned and operated by the Biemerton Housing Authority since 1963 At the time the original subarea plan was approved in 2007, there were 582 public housing units on the site, plus an additional 60 units of affordable senior housing Mr. Welst explained that the subarea planning that took place in 2006 and 2007 included ail exhaustive public process to determine the best and highest use for the site The process included public meetings, a design charrette, stakeholder meetings, workshops and public hearings He emphasized that the proposed amendment would not change the goals and objectives identified in the original subarea plan He said the intent of the BHA's redevelopment plan, as represented in the approved Bay Vista Subarea Plan, is to replace the large concentration of low -income public housing with a new neighborhood that is representative of othei neighborhoods in Bremerton (rental housing, owner - occupied housing, multi- family housing, commercial development, public parks and open space) Othei significant goals of the subarea plan are to promote economic development through non - residential development and integrate low-impact development approaches into the site master plan where possible and practical Mr. Weist reviewed the housing authority's progiess to date, specifically noting their success in meeting the goals and objectives of the subarea plan He reported that in 2007, Bay Vista Commons, a 72 -unit assisted living building, was completed They were awarded a $20 million Housing and Urban Development (HUD) HOPE VI Public Housing and Revitalization Grant, an American Recovery and Reinvestment Act (ARRA) Grant, Housing Trust Funds, and Low - Income Housing Tax Credits These funds have been used to stimulate the change that has occurred on site He said that all of the former public housing residents were successfiilly relocated so that demolition of the West Park units could move forward, and 220 new affordable rental housing units (The Summit, Bay Vista West and Bay Vista South) have been completed Land sales for commercial and residential uses include WinCo Foods, Habitat foi Humanity, Kitsap Credit Union and single - family, owner occupied dwellings They have also begun significant improvement to the public open space known as the Bay Vista Preserve, which will include impioved trails for greater public access Mr Weist said the BHA is proposing an amendment to the Bay Vista Subarea Plan to address significant changes in the economic environment since the plan was approved in 2007, particularly in real estate investment and value There is a need for greater flexibility to achieve the vision, goals and objectives stated in the original plan Fine - tuning the plan is necessary in response to local, regional and national market conditions The proposed changes include • Reallocating Village Commercial and multi - family locations and detail, but not the square footage of those activities on the site • Revising the allowed and disallowed land uses to reflect condensed land use zones • Allowing greater flexibility in landscaping, signage and parking • Removing design standards, which are reivewed by the BHA's design i eview committee • Removing complexity in land use to confoiin to City code Mr. Weist said he recently reviewed the goals and policies of the Comprehensive Plan, particularly those related to affordable housing One goal was to dispel se below- market housing throughout the City to avoid concentrations and another was to locate public- assisted housing in areas that would provide eligible households with greater geographical choices He briefly described each of the projects that have been or will be developed as part of the overall redevelopment plan He provided a graphical representation to illustrate the net gain of 320 affordable housing units that would result fiom redevelopment. He noted that these additional units vary in type and help accomplish the BHA's core mission of providing safe, decent and affordable housing in a way that is consistent with the Bay Vista Subarea Plan o Bremerton Planning Commission Minutes September 18, 2012 —Page 5 of 7 Attachment 2 Commissioner Hoell invited Mr Weist to clarify how many low - income residential units would be located on the Bay Vista site She noted that at the July workshop it was discussed that there are currently 179 public housing units on site Nancy Austin, Director of Real Estate and Contracts, BHA, said 179 is the number of public housing units that would be replaced as required by the HOPE VI grant 142 units are located at Bay Vista West and South and the remaining 37 are part of the off -site component All of the previous units (582) were public housing, which is very low income Only 142 of the new units will be very low income Chair Jose requested clarification of the fenestration requirements outlined on Page 28 of the Bay Vista Subarea Plan Ms. Austin explained that some of the commercial development would be located along Oyster Bay Avenue Chair Jose summarized that the maximum sill height would apply to the Village Commercial area along Bay Vista Boulevard and all other commercial streets Ms. Daniels agreed to review tins section and suggest revisions as appropriate prior to the public hearing Commissioner Hoell recalled that at the July workshop, Ms Austin indicated that the subarea plan allows for up to 183,000 square feet of commercial development, and 59,000 square feet has already been developed She further stated that they anticipate that only about half of the allowed commercial space would actually be developed Ms. Austin explained that the current subarea plan allows for up to 183,000 square feet of commercial development, and WmCo has constructed 55,000 square feet The credit union has indicated their plan to construct a modest 2,500 square foot structure Early plans from a potential buyer indicate a desire fot a "village" type development with smaller footprints and more street trees, etc She summarized that they anticipate the actual amount of coinmeicial space will be well under the 183,000 square feet allowed in the original subarea plan She said the goal is to spread the commercial space over a larger area, but the space would not be nearly as concentrated and intense as originally anticipated Ms. Spencer clarified that the environmental work that went along with the original Bay Vista Subarea Plan studied the largei intensity Anything less would have fewer impacts and would be covered by the previous environmental work Commissioner Lambert asked if the housing identified as "home ownership" development includes Habitat for Humanity homes Ms. Austin answered that there will be six Habitat for Humanity homes, three of which are already built and occupied The remaining three are currently under construction There ai e 21 lots platted off of Oyster Bay Avenue for affordable home ownetship She noted this is a requirement of the HUD HOPE VI grant She said five lots have already been sold to a builder They are closing on their fit st home, and they have offers on two more The BHA has a pending deal with another developer to purchase 12 additional lots She briefly reviewed tine programs available to help prospective owners purchase the homes BUSINESS MEETING Chair Report Chair Jose noted Commissioner Mosrman resigned and expressed appreciation for his service He encouraged Cominrssioneis to seek out potential candidates to fill the vacant positron At the request of Chan Jose, Commissioner Lambei t reported that she represented the Planning Commission on the City's Grant Recommendation Committee, which Just completed their work The group was divided into two teams capital and social services She participated on the capital team that reviewed 18 proposal and conducted interviews She said she enjoyed the opportunity and hopes to participate again next year Director Report Ms. Spencer announced that Commissioner Mosrman resigned from the Commission due to beginning work with a new employer, and he expressed his regrets at having to resign and appreciation for the work of the Commission She said she encouraged hirn to consider participating on the Commission again at some point in the future when his schedule allows Bremerton Planning Commission Minutes September 18, 2012 — Page 6 of 7 Attachment 2 Ms. Spencer said she recently attended the annual Washington State Planning Director's Conference There were a few sessions related to working with boards and commissions, and she heard some scary stories She thanked the Commission for being very thoughtful, reading their packets to prepare for meetings, and working well with and being respectful to staff Ms. Spencer announced that the South Kitsap Industrial Area (SKIA) Subarea Plan was unanimously adopted by the City Council. Staff will meet tomorrow with representatives from the Port of Bremerton to discuss opportunities for working with property owners to identify funding options for the cross SKIA connector roadway. Ms. Spencer advised that October is National Planning Month Staff is trying to encourage the community to participate in creating their future On September 10, the Mayor will present an official proclamation identifying October as National Planning Month. She encouraged the Commissioners to invite members of the public to participate in the planning process Ms. Spencer reminded the Commission that the regular meeting of October le has been cancelled and replaced with a special meeting on October 9`". Old Business No old business was scheduled on the agenda New Business No new business was scheduled on the agenda ADJOURNMENT The meeting was adjourned at 6 38 p in Respectiv ly Submitted by ndrea L enc 49. AICP, E uti a Secretary Chair, Planning Commission Bremerton Planning Commission Minutes September 18, 2012 — Page 7 of 7 Attachment 2 CITY OF BREMERTON PLANNING COMMISSION MINUTES OF SPECIAL MEETING October 9, 2012 CALL TO ORDER Chair Jose called the special meeting of the Bremerton Planning Commission to older at 5 30 p in ROLL CALL Commissioners Present Staff Present Chair Jose Andrea Spencei, Director, Department of Community Development Commissioner Albright Heather Kauer, Assistant Director, Department of Community Development Commissioner Hoell Doug McIntyre, Long Range Planner, Department of Community Development Commissioner Lambert Allison Daniels, Current Planner, Department of Community Development Commissioner Tift Commissioners Absent Vice Chair Cockburn (excused) Quortint Certified APPROVAL OF AGENDA COMMISSIONER ALBRIGHT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER HOELL SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER TIFT MOVED TO APPROVE THE MINUTES OF SEPTEMBER 18, 2012 AS PRESENTED. COMMISSIONER ALBRIGHT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Jose asked if these were any comments from citizens Seeing none, he closed the public portion of the meeting Public Hearing: 2012 Comprehensive Plan Amendment Docket Mr. McIntyre announced that tonight's public hearing is regarding the 2012 Comprehensive Plan Amendment Docket He reviewed that two public workshops have been conducted iegaidmg the docket, which consists of two applications that were initiated by property owners A land use change for three parcels located at Burwell Stieet and Warren Avenue and revisions to the Bay Vista Subarea Plan The City Council will conduct a study session on November 28"' and a public hearing on December 5` Staff anticipates the City Council will take action on the docket on Decembei 5t° Attachment 2 Mr. McIntyre reviewed that the City's Comprehensive Plan, updated in 2004, guides the City's overall strategy for growth and development over a 20 -year period Comprehensive Plan amendments are processed on an annual basis, and the application deadline is April I" each year He reminded the Commission that amendments to the Comprehensive Plan requne a recommendation from the Planning Commission to be considered for City Council approval a. Land use designation change of three parcels located at Burwell Street and Warren Avenue Mr. McIntyre said this proposed amendment is a request to change the land use designation for three parcels (1008, 1016 and 1018) at the corner of Burwell Street and Warren Avenue The property owner is Diamond Parking, acid the applicant is Rice Fergus Miller, Inc Mr. McIntyre provided aettal photographs to provide some context of the area where the subject parcels are located He noted that the parking lot to the west is not subject to the Comprehensive Plan amendment, but it is currently owned by Diamond Parking The subject parcels are currently developed with vacant inulti- family residential units that are dilapidated Further to the west on Burwell Street there ale two single- family residential units, four multi - family residential units, one parking lot and two undeveloped lots He provided pictures to illustrate the street view of properties located on Burwell Street west of Wanen Avenue He provided a contextual aerial image to illustrate the sparse uses along Buiwell Street between Warren Avenue and Chester Avenue, and particularly noted the predominance of parking lots He observed that most of the single - family residential uses are located further to the north and west Mr. McIntyre explained that the applicant's proposal is to add the three subject parcels to the Downtown Regional Center boundaries, making them eligible for the Warren Avenue Coiridor (WC) zoning designation He provided a map of the Downtown Regional Center, particularly noting the location of the subject parcels Commissioner Hoell referred to the subarea extension that is shown on the north side of the Downtown Regional Center Mr. McIntyre clarified that this property was included iii the Downtown Regional Center in 2005 and is not pail of the current application Mr. McIntyre reminded the Commission that the proposal must meet the five decision criteria specified in Bremerton Municipal Code (BMC) 20 10 080 He recalled that staff teviewed each of the five criteria at the Commission's last study session He concluded that staff recommends approval of the proposed amendment based on its consistency with the five decision criteria Chair Jose opened the public hearing on the proposed land use designation change of three parcels located at Bui well Street and Warren Avenue No one ui the audience indicated a desire to comment, and the public heating was closed b. Revisions to the Bay Vista Subarea Plan Ms. Daniels referred to the goals and objectives of the Bay Vista Subarea Plan, which staff carefully considered during their review of the proposal to revise the Bay Vista Subarea Plan She teviewed the proposed changes as follows • Revise code to remove complexity in permitted and prohibited uses Ms. Daniels explained that there are currently seven zones within the existing Bay Vista Subarea Plan The proposal would condense the seven zones into three The applicant is also proposing to utilize the approach found in the SKIA Subarea Plan to allow for gieatei flexibility As proposed, the language outlines the intent of each of the zones in the subarea, and all uses that comply with the stated intent would be allowed She explained that the current subarea plan is limiting As currently written, any use not clearly stated as a permitted use iii the subarea plan, would be prohibited The proposal would adopt existing code language from the BMC, which would provide guidance to staff related to prohibited uses • Condense land uses per zoning man Ms. Daniels provided a chart to illustiate how the zones would be condensed and combined It replaces the chart on Page 26 of the Staff Report and was revised to more accurately reflect the proposal. She noted that the chart on Page 19 of the Staff Repots was also revised to illustrate the applicant's proposal to change the Village Commercial land use zone from 8 acres to 14 acres Bremerton Planning Commission Minutes Octobei 9, 2012 — Page 2 of 5 Attachment 2 Ms. Daniels provided maps to compare the seven existing zones with the proposed three condensed zones She explained that the Village Commercial and Commercial zones were very similar and the proposal would condense them into a single Commercial zone She noted that the applicant is proposing to eliminate the fire station property from the subarea plan because the Bremerton Housing Authority will not have an opportunity to ptitchase the property due to federal land deed restrictions In addition, the Commercial zone was expanded to the freeway Although Housing and Urban Development (HUD) would require a noise barrier for any mixed -use development (commercial on the bottom and residential on the top) in the area, the BHA does not believe the property would be marketable for high- density residential development Ms. Daniels explained the uses allowed in the Mixed -Use 2 zone aie slightly more intensive than the uses allowed in the Mixed -Use 1 zone, but the two zones are quite siinilai The applicant is proposing to condense the two Mixed Use zones and the High- Density Residential zone into a single Mixed -Use zone, in which multi- family uses would be allowed She provided a reap to illustrate the location of the proposed Mixed -Use zone Ms. Daniels advised that the applicant is proposing to condense the Low - Density and Medium - Density Residential zones into a single Residential zone that would allow for single - family residential, detached of attached, uses She provided a map to illustrate the proposed location of the Residential zone • Clarify landscaping, signage and parking Ms. Daniels advised that the Bay Vista Preserve would be increased in size Tree removal has been completed, and more trees were removed than originally intended However, some were identified as diseased by an aiborist and the City of Bremerton Forester Additional changes aie proposed to the landscape section to remove redundant language and clarify the requirements In addition, the size of Periwinkle Park, which has significant land fill, was increased Ms. Daniels said the proposal would increase the maximum width for parking space from 8 feet to 10 feet She explained that many people who want commercial space do not believe 8 feet is an appi opriate width The maximum number of parking spaces for office uses would increase from 4 1000 to 5 1000 gross square feet The minimum number would stay the same at 3.1000 gross square feet Ms. Daniels said the previous code was very complex and had numerous discrepancies For example, it talked about Type A, B and C permits, but there was no language in either the BMC or the Bay Vista Subarea Plan that identified what a Type A, B and C permit is Changes have been proposed at the request of staff In addition, references were provided to the BMC to provide consistency • Eliminate design standards chapter Ms. Daniels recalled that design charettes were performed as part of the subarea plan approval, and design standards were incorporated into the subarea plan The development thus far has been very thought- conscious on the design standards However, the design standards require staff to review 15 additional components when reviewing the development permits Staff currently relies on the BHA's Architectural Review Committee to review these issues There is good coordination between BHA and staff, and they typically receive a letter of email advising of projects that have been reviewed and approved Many of the design standards are covered in the development section Therefore, staff has requested that the design standards section be eliminated fiom the subarea plan Ms. Daniels reviewed the net gain /loss of low -income housing within the City and within the Bay Vista Subarea as a result of the plan She advised that the West Park Development had 582 units, which were removed to accommodate redevelopment It was not the BHA's intent to replace all of the low - income housing units that existed previously Instead, the goal was to disperse the housing throughout surrounding areas and Kitsap County Relocation vouchers were provided for low- income residents to find housing elsewhere The requirement for the Bay Vista Subarea Plan was to provide 190 units of public Housing At this point the Bay Vista West and South developments provide 137 public liousrng units The Summit provides an additional 83 units The total number of units offered for public housing at this time is 220 Ms. Daniels reminded the Commission that the proposed amendment must be consistent with the decision criteria specified in BMC 20 10 080 She recalled that the criter is was reviewed at the previous work session She said staff finds that the proposal meets the criteria in the BMC As such, staff is in support of the proposed amendment o >o Bremerton Planning Commission Minutes October 9, 2012 — Page 3 of 5 Attachment 2 Commissioner Hoell requested more information about the expanded commercial area Ms. Daniels said the applicant is proposing to expand the commercial area from 8 acres to 14 acres She pointed out that the Mixed Use Zoning also allowed for commercial uses Commissioner Hoell asked what was given up in order to expand the commercial area Ms. Daniels said there is likely less Low - Density Residential zoning Chair Jose opened the public hearing on the proposed revisions to the Bay Vista Subarea Plan No one in the audience indicated a desire to comment, and the public hearing was closed Commissioner Tift commended staff for providing street and aet ial photogiaplis to clarify the proposed land use designation change for the three parcels located at Burwell Stieet and Wairen Avenue making the land use change issue much easier to understand COMMISSIONER TIFT MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE AMENDMENTS TO THE COMPREHENSIVE PLAN AS DETAILED IN ATTACHMENTS I, 11, AND IiI AND AMENDED PAGES 19 AND 26 PRESENTED TONIGHT BASED ON THE FINDINGS AND CONLUSIONS IN ATTACHMENT V COMMISSIONER LAMBERT SECONDED THE MOTION. Ms. Spencer noted that the Commission has had two public meetings regarding the proposed Comprehensive Plan amendments, and the public has been invited to share their thoughts at each meeting THE MOTION CARRIED 4 -1, WITH COMMISSIONER HOELL VOTING IN OPPOSITION. Commissioner Hoell agreed to provide her thoughts, in writing, about why she voted in opposition BUSINESS MEETING Chair Report Chair Jose reported that he and Commissionei Lambeit attended the last City Council meeting where the draft Shoreline Master Program (SMP) was a topic of discussion Both he and Commissionei Lambert testified before the City Council, and he also submitted written comments regatdmg his opposition to the push for the City designate structures as conforming (Senate Bill 5451) when in fact they are not Tile City Council approved the draft SMP unanimously, and it will be forwarded to the Depat tment of Ecology (DOE) for review Director Report Ms. Spencer thanked Chan Jose and Commissioner Lambert for attending the public hearing Their participation gave validity to the process and helped carry forward the message that the SMP has been a long public process She explained that the next step in the process is to submit the draft SMP to the DOE for review, and the submittal must include a careful documentation of the public process She anticipates it will take Ms Floyd quite some time to prepare the submittal Once the DOE has completed their review, a public heating will be held in Bremerton at which the DOE will take testimony and tell the City what needs to change for them to adopt the SMP as a state code She anticipates this process will take about six months to complete Ms. Spencer announced that the City will kick off their Gorst Subarea planning process at a public meeting on October 29 "' from 5 00 to 7 00 p in at Square Dance Hall, 6800 West Belfan Valley Road She reminded the Commission that three years ago the City Council agreed to merge the subarea planning process with the annexation process Because the makeup of the City Council has changed since that decision was made, she will be checking back with them to confirm this approach Ms. Spencei advised that a public hearing before the Planning Commission regarding the issue of medical marijuana is scheduled for November 13'" To prepare the Commission for the hearing, staff is handing out a packet of materials She announced that the American Planning Association will sponsor a Peninsula Planners Forum on October 18 "', and one of the topics on the agenda is a briefing about medical marijuana issues in Washington State This topic is scheduled to start at 130 •0 Bremerton Planning Commission Minutes October 9, 2012 — Page 4 of 5 Attachment 2 p.m and is open to the public. Commissioners are invited to attend. She said the packet also contains a memorandum from the City Attorney about medical marijuana, as well as some planner's publications and correspondence that has taken place between the federal government Governor Gregoire and Clark County Staff hopes to have another packet of materials for the November 13'" hearing available to the Commission two weeks in advance of the November IP hearing so they will have ample opportunity to review the materials and contact staff with questions. Commissioner Tift noted there is currently a ballot measure related to this issue, and the outcome should be clear by the November 13 hearing Ms. Spencer explained that the ballot issue is different than the land use issue that will be the subject of the public hearing She referred to the City Attorney's memorandum, which clarifies this issue. Old Business There was no old business to come before the Commission. New Business Commissioner Tift asked of staff has received any applications for the vacant Commission position Ms. Spencer announced that she received an application today ADJOURNMENT The meeting was adjourned at 6 10 p in Respectively Submitted by drea L. SpA Gre o I tr CP, Ex utiv Secretary air, Plain C mission • Bremerton Planning Commission Minutes October 9, 2012 — Page 5 of 5 ORDINANCE NO. 5 A n J AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan by amending the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center Subarea Plan boundaries, and by amending the Bay Vista Subarea Plan WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1, 2004 by Ordinance No 4917 and has been subsequently amended by Ordinances No , 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082 and 5094 hereinafter referred to as the "Comprehensive Plan", and WHEREAS, the Washington State Growth Management Act ( "GMA ") requires internal consistency among comprehensive plan elements and applicable regional plans, and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36 70A 130(2)), and limits these amendments to once each year unless an emergency exists, and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20 10 010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year, and WHEREAS, the City of Bremerton allows applications to be submitted each year between January and the first business day of April, and WHEREAS, two Comprehensive Plan amendment applications were submitted by the public prior to the deadline to address changing circumstances relative to land use needs, and WHEREAS, the Planning Commission conducted workshops on the 2012 amendment docket on July 17, 2012 and September 18, 2012, and WHEREAS, consistent with RCW 36 70A 106 the 60 -day notice period began on September 5, 2012 when the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment docket for 2012, and WHEREAS, on September 29, 2012 the public was notified by a legal advertisement in the Krtsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission, and WHEREAS, on September 20, 2012 a SEPA DNS was issued for amendment Docket Item 1, relating to the Downtown Regional Center Subarea Plan, with an administrative 1 2012 Comp Plan Amendment appeal deadline of October 4, 2012 and no appeals were filed, and WHEREAS, SEPA was satisfied on September 26, 2012 for Docket Item 2, relating to the Bay Vista Subarea Plan, by the adoption of existing environmental documentation of the Bay Vista EIS in May 2007 and SEIS in January 2008, and WHEREAS, on October 9, 2012 the Planning Commission conducted a public hearing on the 2012 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments, and WHEREAS, on December 1, 2012 the public was notified by a legal advertisement in the Krtsap Sun of the opportunity to make comment and participate in the public hearing held by the City Council, and WHEREAS, on December 19, 2012 the City Council conducted a public hearing and considered all testimony prior to their decision, and WHEREAS, the amendment proposals satisfy the decision criteria of BMC 20 10 080 for Comprehensive Plan amendments, and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA), and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. The findings set forth in the recitals above area hereby adopted and incorporated herein SECTION 2. The findings and conclusions adopted by the Planning Commission on October 9, 2012 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting the proposed 2012 Comprehensive Plan amendments set forth in docket items 1 through 2 as follows Docket Items: 1. Burwell and Warren Avenue Parcels Amend the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center boundaries and given a land 2 2012 Comp Plan Amendment use designation of Warren Avenue Corridor (WC), more particularly described in Exhibit B affixed hereto 2. Bay Vista Subarea Plan Amend the Bay Vista Subarea Plan summarized as follows reallocation of Village Commercial and multi - family locations, revise permitted land uses to reflect land use zones that are being condensed, revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan, and more particularly described in Exhibit C affixed hereto SECTION 4. Severabihty If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted SECTION S. Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law PASSED by the City Council the day of , 2012 JIM MCDONALD, Council President Approved this day of 1 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM 3 2012 Comp Plan Amendment SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO 4 2012 Comp Plan Amendment Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2012 Annual Comprehensive Plan Amendment Docket I. FINDINGS OF FACT 1. Project Description The City adopted an updated Comprehensive Plan in December 2004 Comprehensive Plan amendments are processed on an annual cycle to allow for changes to the Plan that reflect current conditions that may not have been addressed prior to the Plan's adoption. Amendments to the City's Comprehensive Plan are regulated by BMC 20 10 Two applications for amendments are included for the Planning Commission's consideration in 2012 and are summarized herein 2. Procedural History 2 1 The Bremerton Municipal Code (BMC) allows applications for Comprehensive Plan Amendments annually between January 1 and the first business day of April 2 2 On April 2, 2012, Rice Fergus Miller, acting as agent for the owner Diamond Parking, applied for land use change to three parcels This item is known as Docket Amendment 1 2 3 On March 29, 2012, Bremerton Housing Authority applied for Comprehensive Plan Amendments related to the Bay Vista Subarea Plan This item is known as Docket Amendment 2 2 4 On July 11, 2012 the Draft Amendment Docket was available for public review on the City of Bremerton's website 2.5 On July 17, 2012 Planning Commission held an informal public workshop to introduce the 2012 Annual Comprehensive Plan Amendment Docket 2 6 On September 5, 2012 staff notified the Washington State Department of Commerce of the intent to adopt two amendments to the Comprehensive Plan. 2 7 On September 8, 2012 a notice of Planning Commission public workshop was published in the Kitsap Sun and the public was invited to comment 2 8 On September 18, 2012 Planning Commission held a public workshop to discuss the 2012 Annual Comprehensive Plan Amendment Docket 2.9 On September 20, 2012 Staff published the SEPA Determination of Non - significance in the Kitsap Sun for Amendment 1 On September 26, 2012, Staff published the SEPA Determination of Non - significance in the Kitsap Sun for Amendment 2. 2.10 On September 29, 2012 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment 211 On October 9, 2012 Planning Commission conducted a public hearing on the 2012 Comprehensive Plan docket 1 Exhibit A 3. Public Comment 3.1 Individuals submitting written comments a No comments were received 3 2 Individuals providing verbal testimony at Planning Commission public hearing. a No comments were received 4. SEPA Determination A Determination of Non Significance (DNS) was issued for Docket Amendment 1 on September 20, 2012 with an appeal deadline of October 4, 2012 The adoption of existing environmental documentation pursuant to WAC 197 -11- 600 was issued for Docket Amendment 2 on September 26, 2012 The environmental documents adopted were the West Park Environmental Impact Statement (EIS) approved May 2007 and the EIS Addendum in January 2008. No appeals were filed for either environmental document 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20 10 080 The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met 5.1 BMC 20.10.080(b)(1) The amendment is consistent with the Growth Management Act (GMA) Amendment 1(Land use designation change): The amendment was developed in consideration of the goals of the Growth Management Act (GMA) for the development of local comprehensive plans, as codified at RCW 36.70A.020 This amendment is further consistent with the GMA by meeting the criteria of the Comprehensive Plan which was created to achieve the goals of the GMA. Amendment 2 (Bay Vista Subarea Plan): The revisions were developed in consideration of the goals of the Growth Management Act (GMA) for the development of local comprehensive plans, as codified at RCW 36.70A 020, and reflect a careful balancing these goals within the local conditions of City of Bremerton The proposal is consistent with the GMA 5.2 BMC 20.10.080(b)(2) The amendment is consistent with the comprehensive plan or other goals or policies of the City. Amendment 1 (Land use designation change): The amendment is consistent with the Comprehensive Plan by furthering the Centers Concept —the central theme of the Comprehensive Plan — because the amendment aims to better implement the original vision of the Downtown Regional Center Subarea Plan. 2 Exhibit A This amendment is consistent with many goals and policies of the Comprehensive Plan, reproduced here is a selection of these policies Shaping Bremerton Themes: (2) Enticing new development, with a focus on the Downtown Regional Center, (4) Improved Accessibility, especially for the Pedestrian Community Character Goals. CC2— Assure that new development relates to surrounding uses and provides for urban livability, CC3— Provide for a safe, pleasant, and rich pedestrian experience Land Use Goals: LU1— Identify and enhance distinctive neighborhoods, communities, and centers throughout the city, LU3— Create an environment that will promote growth, LL/4—Provide for walkability throughout Centers and neighborhoods LU5 Designate neighborhood, district, and employment Centers on the Land Use Map that provide mixed -use environments which serve as the pnmary focus for growth, LU9 — Create a framework for the Initial implementation of Centers, LU11— Provide for the viability of communities, neighborhoods, and Centers through strategic land use designations and infrastructure provisions, LU 13 Achieve a vibrant and active downtown General Policies for Downtown: (1) New development shall reinforce pedestrian activity at the street level, Housing Goals: H3— Provide a vanety of housing types and densities to meet changing needs of Bremerton residents H4— Provide housing in mixed -use centers for a variety of incomes, age groups, and household types The amendment continues to uphold the objectives and goals of the Comprehensive Plan The amendment does not change the intent or purpose of the Comprehensive Plan and further progresses implementation of the Downtown Regional Center Subarea Plan Amendment 2 (Bay Vista Subarea Plan): The amendment is consistent with the comprehensive plan or other goals or policies of the City; This amendment is consistent with many policies of the Comprehensive Plan as described below In addition, further analysis has been defined in the draft Bay Vista Sub -Area Plan within Section II Purpose, Process & 3 Exhibit A Consistency Part B "Consistency of the Sub -Area Plan with Bremerton's Comprehensive Plan" pages 5 through 8. Shaping Bremerton Theme: (1) Distinctive Growth, with Viable Neighborhoods and Centers that provide greater choice and convenience, (2)Enticing new development, with a focus on center, (5) Quality housing, with boarder choice, (6) Business support, with increased opportunity (9) Design Review Advancing Quality Urban Development Community Character Goals: (1) Demonstrate excellent urban design qualities in new development, (2) Assure that new development relates to surrounding uses and provides for urban livability, (3) Promote the development of areas of special character, encouraging a diversity of communities within the City Land Use Goals: (1) Identify and enhance distinctive neighborhoods, communities, and centers throughout the City, (3) Create an environment that will promote growth, (4) Provide for walkability throughout Centers and neighborhoods, (11) Provide for the viability of communities, neighborhoods, and Centers through strategic land use designations and infrastructure provisions Housing Goals: (3) Provide a variety of housing types and densities to meet changing needs of Bremerton, (4) Provide housing in centers for a variety of incomes, age groups, and household types, (5) Promote access to quality, affordable homes for all Bremerton residents, regardless of their economic capabilities or special needs The amendment continues to uphold the objectives and goals of the Comprehensive Plan The amendment does not change the intent or purpose of the Comprehensive Plan 5.3 BMC 20.10.080(b)(3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment. Amendment 1 (Land use designation change): This provision is not applicable to Amendment 1, as it is a new proposal 4 Exhibit A Amendment 2 (Bay Vista Subarea Plan): This provision is not applicable to Amendment 2, as the amendments are new proposals 5.4 BMC 20.10.080(b)(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern. Amendment 1 (Land use designation change): The amendment is compatible with existing land uses and the surrounding development pattern and it allows a logical transition from the downtown core to the surrounding low- density residential uses Amendment 2 (Bay Vista Subarea Plan): This amendment is compatible with existing or planned land uses and the surrounding development pattern, this is the second revision to the Bay Vista Sub -Area Plan (original plan adopted in 2006; first Comprehensive Plan amendment in 2009) and remains consistent with the vision established in the City's Comprehensive Plan and ensures compatibility of land uses throughout Bay Vista 5.5 BMC 20.10.080(b)(5) The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefiting the public health, safety and welfare. Amendment 1 (Land use designation change): The amendment will not adversely affect the City's ability to provide urban services because the parcels are already part of the existing urban framework characterizing the downtown regional center Furthermore, allowing these parcels to be included in the downtown regional center will help fulfill the intent of the WC zone of having medium intensity uses Facilitating the development of higher density uses will be beneficial to public health, safety, and welfare because it promotes easier access to fobs and transportation, urban amenities such as restaurants, museums, galleries, and parks, and leads to a more pedestrian- friendly environment with walking access to basic services. Amendment 2 (Bay Vista Subarea Plan): The amendment will not adversely affect the City's ability to provide urban services because the parcels are already part of the existing urban framework characterizing the Bay Vista area The developments of the Bay Vista neighborhoods are in the process with the City of Bremerton Public Works Department in extending and improving the existing infrastructure With this proposal, the Sub -Area Plan will provide more flexibility to develop residential and commercial entities that will benefit public health, safety, and welfare as it will promote easier access to fobs and transportation, urban amenities such as grocery stores, banks, and parks, and leads to a more pedestrian - friendly environment with walking access to basic services. 5 Exhibit A 11. CONCLUSIONS AND RECOMMENDATION Based on the findings above, Planning Commission concludes that the 2012 Comprehensive Plan Amendment Docket has met the criteria for amendments to the plan as detailed in BMC 20.10.080 and therefore recommends adoption by the City Council. Respectfully submitted by Approved by: r'1 r r ndrea L p cer, AICP ManniJose, C HaVV Executi S cretary ng Commission t 6 Exhibits Land Use Designa Sub Area Extension Land Use Map One and Two -family • Residential (R -20) _ t. i ■ E • k i , • Multi-family 1 0 Residential I (MRI) - IIth I ®CS Multi -family i Residential 2 (MR2) i OEM Pedestrian-Oriented _ _ -� - � Abneft Mixed -Use (POMU) IN M rTFFrM L-1 0•••• PEM31m Western Harbor • • Employment District (E 6th — edema Sth ®® Warren Avenue Corridc - (W 4th _ Burvvell Downtown Core (DC) PSN -SUBJECT 2nd PARCELS Downtown Waterfront Y 1St ( D W) v Park (P) ¢' u ® Subject parcels for proposed change a fe"y to downtown sub -area plan and be redesignated Warren Avenue Corridor (WC) Exhibit C: Proposed Bay Vista Subarea Plan 3� I' YOM :�— .,c��` �� :� , , ill .. `1„ � •+ Y�•. .j. .. I ��� ^ "� • iE= 1 y; - .�,:..- . 1 777— 1 '• :'i `C,352, 1 1 =7 u ED ' � •�+ r � ) ILL_! ILL! r L1O ml m EE : ii 1 I ED 3 ld ,r •W (fir, fir _� ��"= F L..1�) ' t �!� L � t � R . ; � .... •_ �� "� � mtlh CD �7 ?..�l:a` +S. G (• - Prue. ",. I � r 'N Ems September 18, 2012 BAY VISTA SUB AREA PLAN BREMERTON HOUSING AUTHORITY AMENDMENT PRODUCED BY BCRA BAY VISTA I - INTRODUCTION 1 A Site Location & History 1 B Sub -Area Plan Vision 1 C Organization of Sub -Area Plan 2 11 - BAY VISTA SUBAREA PLA 4 A Local Planning Framework 4 B Consistency of the Sub -Area Plan with Bremerton's Comprehensive Plan 5 C Public /Stakeholder Process 8 D SEPA/NEPA Environmental Review 12 E Bay Vista Architectural Review Committee 12 III - BAY VISTA SUB -AREA PLAN 13 A Existing Site conditions 13 B Sub -Area Plan Vision, Goals and Objectives 15 C Sub -Area Plan Elements 17 D Future Changes to the Sub Area Plan 20 IV - ZONING & DEVELOPMENT REGU LATI O NS 21 A Land Use Zones 21 B General Development Standards 28 C Streets, Sidewalks And Driveways 29 D Low Impact Development 31 E Parking Standards 31 F Landscape Standards 34 G Utility Equipment & Storage 44 H Walls, Hedges And Fences 44 1 Exterior lighting 45 J Sign Standards 45 K Glossary 50 L Intent 52 BAY VISTA I - INTRODUCTION A SITE LOCATION & HISTORY B SUB -AREA PLAN VISION The 83 -acre Bay Vista (formerly Westpark) site is The Westpark Sub -Area Plan was originally adopted in located in West Bremerton, bounded by Kitsap Way 2007 The Bremerton Housing Authority (BHA) voted on the north, Oyster Bay Avenue on the east, and State to change the name of the site and master plan to Bay Route 3 on the west Vista in 2008 Consequently, the name of the Sub -Area Plan has also been changed to Bay Vista as part of the The existing Westpark public housing community 2009 amendment to this plan The vision and Sub -Area was built in 1941 and is owned and operated by the Plan for Bay Vista, including the 2009 amendments, Bremerton Housing Authority (BHA) The community was created in consultation with stakeholders, residents is the remnant of a larger World War II - era housing and neighbors It used an intensive design charrette project that was built as temporary housing for process and numerous community meetings, which shipyard workers The site currently contains 631 are summarized in Section II Development of the residential units, primarily one -story duplex and Sub -Area Plan also used environmental analysis, four -plex in design, and a 60 -unit apartment building including preparation of a SEPA /NEPA environmental • for elderly and disabled residents Ninety percent or impact statement (EIS), and two EIS addenda, to more of existing units are for low - income families inform master planning of the site consistent with and individuals The site also provides community environmental constraints and opportunities functions (a community center, senior center, teen center, and head start facility) and some local services The Sub -Area Plan concept is built upon six mayor (laundry, storage facilities, maintenance shop, and goals administrative offices A new 72 -unit assisted living facility (Bay Vista Commons) was constructed and 1 Promoting a mixed -use, mixed - income traditional opened in December of 2007 neighborhood The surrounding neighborhood contains a mix 2 Creating a pedestrian - oriented environment of residential, commercial and industrial land 3 Maintaining /enhancing view corridors and landscaping uses, including auto - onented and larger retail uses along Kitsap Way Kitsap Way in this area serves as 4 Enhancing the civic realm and creating more usable a "gateway" to the City of Bremerton, though it is public open space currently lacking in definition 5 Promoting economic development through provision of commercial activities and services on -site and in the adjacent Neighborhood Center 6 Integrating low impact development (LID) approaches into the Master Plan The new Bay Vista is envisioned as an urban mixed -use, mixed - income, pedestrian - onented community It will be characterized by a variety of types and styles of housing to meet the needs of a range of income groups Accommodating these groups will help to de- concentrate low -income housing in Bremerton Retail and commercial uses will provide for some of the everyday shopping needs of residents, as well as provide job opportunities for residents The retail center will provide financial support BAY VISTA for implementation of the master plan, including C ORGANIZATION OF SUB -AREA construction of new infrastructure Bay Vista's PLAN on -site population will also provide support for additional commercial activity in the future Oyster Bay The Sub -Area Plan is organized in four major sections Neighborhood Center Following this introduction, Section II describes the major objectives of the Plan, and its planning The site will be sensitively designed to maintain regulatory context within which it has been created significant open space and existing trees, to preserve Section II also delineates the public /stakeholder and enhance views, and to carefully manage process and SEPA /NEPA compliance for the plan stormwater and other natural features New parks, are also described Section III describes existing site civic spaces and outdoor amenities will be created conditions, and the vision, goals and objectives for Proposed development standards and Design Standards, and covenants, conditions and restrictions redevelopment of Bay Vista The mayor elements of the Sub -Area Plan -land use, housing, parks and (CC &Rs), will establish high standards for the quality open space, roads and infrastructure -are described of redevelopment, yet provide flexibility to respond in narrative and graphics This section has been to market changes and opportunities The plan will provide high quality infrastructure and services adopted by the City as an element of the Bremerton Comprehensive Plan Section IV contains the zoning to residents The Bay Vista site will relate to the and development standards that will apply to Bay Vista, surrounding neighborhood in terms of activities and including regulations for uses, density, building heights, scale, and provide a catalyst and model for future redevelopment setbacks and similar components of development. November 2012 lA Y r� X1 o M _a N/ `+mac', wn z i F t v �✓.. Ct A'S ,'ti � � - • � , • �' a "t - II - BAY VISTA SUB -AREA PLAN PURPOSE, PROCESS, AND CONSISTENCY WITH THE COMPREHENSIVE PLAN The Bay Vista Sub -Area Plan is intended to provide A. LOCAL PLANNING a road map for future redevelopment of the site FRAMEWORK It articulates the vision, goals and objectives for redevelopment of Bay Vista, and embodies the policies of the City of Bremerton Comprehensive Plan, which OVERVIEW it supplements The Plan also establishes zoning The Bay Vista site has been the subject of several City standards which will guide the preparation of future legislative actions over the past few years and was also site development plans, subdivisions and building addressed specifically in the City's recent adoption of permits by applicants, installation of infrastructure its updated Comprehensive Plan and zoning code in by the Bremerton Housing Authority (BHA) and 2004 These actions have provided a framework for individual developers, and review of these plans planning redevelopment of the site by the City of Bremerton (City) and the Bay Vista Architectural Review Committee (ARC) The Sub -Area In September 2003, the City amended its Community Plan reflects the Redevelopment Master Plan for Bay Renewal Plan, pursuant to the state Community Vista prepared by the Bremerton Housing Authority It Renewal Law (RCW 35 81), to incorporate the site is also responsive to environmental impacts identified as a "blighted" area for purposes of community in Bay Vista environmental documents, to financial renewal efforts (Ordinance No 4830 and 4870) The constraints, and to changing market conditions designation was supported by findings that the site was isolated from adjacent areas that building size and The Westpark Sub -Area Plan was initially adopted in design were deficient, and that physical deterioration 2007 Following additional community involvement, was a contributing factor to disinvestment in the public hearings and environmental review, area These actions also reaffirmed the City's intent to amendments were proposed to reflect the BHA's cooperate and assist the Bremerton Housing Authority ongoing planning, as well as updated information in the redevelopment of the site, (pursuant to RCW about site constraints and market conditions In fall 35 83), and to provide a framework for redevelopment 2008, the BHA received a HOPE VI grant from the in the Comprehensive Plan and zoning regulations U S Department of Housing and Urban Development This framework is described below Conditions of the grant include a maximum 54 -month schedule for completion of construction The Sub -Area Plan was amended by the City Council in 2009 to PUBLIC SECTOR REDEVELOPMENT SITE (PSRS) reflect this constraint and other changed conditions The Comprehensive Plan Land Use Map designates noted previously Westpark (now Bay Vista) as a Public Sector Redevelopment Site (PSRS) These are special, large -scale sites with high potential for development that is innovative or that meets a unique community need They should be developed consistent with specific district planning efforts that address the site, compatibility with surrounding uses, and consistency with the Comprehensive Plan A PSRS must have a clearly defined community benefit, such as meeting a public housing need. They may include mixed type residential development with an open space component and secondary commercial or office development November 2012 OYSTER BAY NEIGHBORHOOD CENTER B CONSISTENCY OF THE SUB - The Comprehensive Plan designates a future AREA PLAN WITH BREMERTON'S Neighborhood Center for the Oyster Bay Area adjacent COMPREHENSIVE PLAN to the Bay Vista site, located on both sides of Kitsap Way This 37 -acre center is projected to redevelop over BREMERTON COMPREHENSIVE PLAN - time in conjunction with, but slower than, Bay Vista, CENTERS CONCEPT and to transition into an urban, pedestrian - friendly area connected with the surrounding area by trails, The city's updated Comprehensive Plan is based on open space, and access to the shoreline The Center a "Centers" concept, in which a significant portion of will include a core, with mixed -use (residential the City's future growth will be guided to numerous and commercial) buildings The Center will receive Centers designated throughout the City Centers economic support from the surrounding neighborhood, vary in scale, function and character, and each is including Bay Vistas residents and workers, land intended to be a distinct district or "village with uses in Bay Vista are expected to complement a unique character Designated centers range from redevelopment of Oyster Bay A Sub -Area Plan will the City Center, which provides a wide range of be prepared for the Oyster Bay Center, however, the activities that serve the entire City and the region, to tuning of this planning effort is uncertain smaller neighborhood centers, which provide goods and services, and amenities to residents within a SPECIFIC AREA PLANS neighborhood In general, centers are intended to be mixed -use, pedestrian - friendly, well- designed areas The Comprehensive Plan anticipates that more detailed with open space, public gathering places, access to area - specific plans will be developed to implement transit, and adequate infrastructure Public Sector Redevelopment Sites, such as Bay Vista Key aspects of these plans include a process SHAPING BREMERTON THEMES that involves the community, consistency with the Comprehensive Plan goals and policies, and inclusion 1 Distinctive Growth, with Viable Neighborhoods and of development standards and design standards The Centers that Provide Greater Choice and Convenience Bay Vista Sub -Area Plan is such a specific area plan Redevelopment of Bay Vista will help to revitalize and has been developed to meet these requirements an existing neighborhood that is characterized by The relationship to the Comprehensive Plan goals is outdated, deteriorated housing and infrastructure, discussed below and has been designated as "blighted" The new Revision of the Bay Vista Sub -Area Plan follows Bay Vista neighborhood will be characterized by the City's established process for amending the mixed -use development, a wide range of housing Comprehensive Plan This process includes public options affordable to a mix of income groups, ample involvement, environmental review, and public open space and amenities, pedestrian accessibility, hearings by the Planning Commission and City quality design, improved infrastructure and enhanced Council In cooperation with the City, the BHA environmental resources Everyday goods and services, sponsored eight community meetings and workshops and local employment opportunities, will be provided in the fall of 2008 to gain input on proposed changes on -site to the Sub -Area Plan An addendum to the Westpark 2 Enticing New Development, with a Focus on the EIS was also prepared to address the proposed changes Downtown Regional Center The revisions were adopted following public hearings by the Planning Commission and the City Council The Bremerton Housing Authority has been working closely with the City and the broader community to shape a plan for Bay Vista that fits the site and is responsive to the City's requirements and needs, including economic development, housing BAY VISTA opportunities and population support for the future and apartments Units will be for -sale and for -rent, Oyster Bay Neighborhood Center The City's updated market -rate apartments and public housing All Comprehensive Plan and development regulations existing public housing units will be replaced either provide guidance and flexibility for large public parcel on -site (190 units) or off -site, which will be consistent development proposals like Bay Vista with the City's desire to disperse public housing 3 Supportive Transportation, with Seamless, Efficient 6 Business Support, with Increased Opportunity and Varied Choices Bay vista will provide local lobs and goods and Regional transportation facilities bounding the Bay services for residents of Bay Vista and the surrounding Vista site include State Route (SR) 3, Kitsap Way and neighborhood Bay Vistas residents will also provide Oyster Bay Avenue Access to the site is provided by market support for existing and new commercial Oyster Bay Avenue, Sinclair Drive, Arsenal Way and development in the Oyster Bay Neighborhood Center Sand Dollar Drive 7 Environmental Management, Integrating Natural Kitsap Transit provides public transit service to the Systems City of Bremerton Routes No 24 and 26 serve the Bay � Vista site, with stops along Kitsap Way (Route 24) and The plans for Bay Vista include approximately 15 at the Firs Apartments on Oyster Bay Avenue (Route acres of parks and open space, and retain the existing 26) preserve park, with the exception of this preserve, most of the site and existing vegetation will be disturbed Kitsap Way has a designated bicycle lane, wide or removed in conjunction with site grading and shoulders, raised sidewalks on both sides, and painted construction When complete, Bay Vista will exhibit crosswalks with pedestrian call buttons The City ample landscaping and open space This open space of Bremerton has recently upgraded or added new and vegetation will provide habitat for species of urban accessible ramps at various intersections along Kitsap wildlife, as well as recreational opportunities for local Way A mid -block pedestrian crossing is located east of residents Environmentally critical areas located on Oyster Bay Avenue Oyster Bay Avenue includes raised and adjacent to the site (such as wetlands) will be sidewalks on one side of the street protected consistent with City regulations Stormwater will be controlled and treated consistent with City Levels of service at major intersections will meet City requirements of Bremerton standards 8 Community Service, Focusing on Assets 4 Improved Accessibility, especially for the Pedestrian Bay Vista will install new infrastructure on the site, The Bay Vista site is being planned to support multiple facilities will be provided concurrent with development transportation modes, including vehicles (through The Bay Vista EIS documents evaluated the service . adequate access and parking), transit (through higher demands of the new population to help ensure that any urban densities and access to the regional road system), adverse impacts were identified and addressed and pedestrians (by integrating trails and pedestrian amenities in a mixed - use development pattern) 9 Design Review Advancing Quality Urban Development 5 Quality Housing, with Broader Choices The Bay Vista Sub -Area plan includes development standards that will apply to all future development on Existing housing on the site is old and deficient, the the site These standards, and City review of future Comprehensive Plan and several City ordinances have applications, will ensure that future development is identified the site's housing as substandard and in of high quality and meets expectations The BHA has need of revitalization The redeveloped Bay Vista will developed Covenants, Conditions and Restrictions provide approximately 875 housing units in a variety of (CC&Rs) that apply detailed design requirements to types and styles, including single - family attached and land and buildings throughout the site detached (duplexes, townhouses, clustered cottages) November 2012 COMMUNITY CHARACTER GOALS As noted above, Bay Vista will be transformed into a CC1 modern, well- designed urban mixed -use community development Demonstrate excellent urban design qualities in new It will be distinct in appearance and character in the development City's existing fabric It will also provide long -term Redevelopment of the site will replace old, substandard population support for future development of the housing with modern dwelling units, mixed -use Oyster Bay Neighborhood Center buildings and a village retail center The Sub -Area Plan contains design standards that are intended to set high W2 Integrate an open space system into the land use pattern that increases the amount of open space, protects standard for site and building design Bremerton's natural resources, and provides a source of CC2 Assure that new development relates to surrounding beauty and enjoyment for all residents uses and provides for urban livability The Bay Vista plan includes approximately 15 acres of The Bay Vista site is being master planned and will parks and open space that is integrated into the land provide compatibility between land uses through use pattern Significant trees will be retained to the careful siting, use of open space and buffering, and greatest extent feasible or replaced The open space transitions between uses of different intensity Bay plan includes areas for active recreation — including Vista will function as a traditional community, with ball- fields, pocket parks, tot lots and gathering a mix of activities that meet the needs of daily life, places — and for gathering and passive enjoyment A connected by streets and trails, and enhanced open management plan will be prepared and implemented space, urban amenities and high quality design for the Preserve, a large natural area Residents will be The Master Plan also considers land use and scale involved in overseeing preservation of this area relationships to the surrounding community, including the future Oyster Bay Neighborhood Center LU4 Provide for walkabdity throughout Centers and neighborhoods CC3 Provide for a safe, pleasant and rich pedestrian Bay Vista is intended to be a walkable community, experience and has integrated the needs of the pedestrian into its Bay Vista will contain approximately 30,000 linear feet land use pattern and transportation system The plan of pedestrian walkways and trails Streets are designed includes approximately 30,000 linear feet of pedestrian to accommodate pedestrians and to make walking safe, paths and trails, connecting areas of the site with one pleasant and convenient Pedestrian amenities include another and with the surrounding neighborhood landscaping, benches, open space, pocket parks and lighting LU5 Designate neighborhood, district, and employment Centers on the Land Use Map that provide mixed -use CC4 Promote the development of areas of special environments which serve as the primary focus for growth character, encouraging a diversity of communities within The Comprehensive Plan anticipates that retail and the city service uses will be provided in Bay Vista as well as Bay Vista is a large site that presents unique in the future Oyster Bay Neighborhood Center Bay redevelopment opportunities Its history and status Vista will provide a residential population that will as a 1940s -era public housing project with aging support commercial uses planned on -site and in the and substandard facilities sets the stage for its Neighborhood Center transformation into a modern, well- designed urban mixed -use community located at a mayor entrance to LU7 In order to encourage new development to occur in the City locations and patterns consistent with the Vision(s), Goals and Policies of this Plan — specifically in Centers — remove LAND USE GOALS or revise existing land use designations that would sit multi - family uses in locations that do not support the LU1 Identify and enhance distinctive neighborhoods, Centers Concept communities and centers throughout the City BAY VISTA Bay Vista includes a mix of multi -family and C PUBLIC /STAKEHOLDER single -family housing The proposed location of multi- PROCESS family housing adjacent to Kitsap Way will support commercial activities anticipated on -site and in the The Bay Vista Sub Area Plan reflects the efforts of many Oyster Bay Neighborhood Center people, including city leaders and staff, the many citizens and Bay Vista residents who turned out for an 1.1.111 Provide for the viability of communities, initial program of public community meetings and a neighborhoods, and Centers through strategic land use week -long design charrette, urban designers, architects, designations and infrastructure provisions traffic planners, civil engineers, environmental The Comprehensive Plan Land Use Map designates specialists, and market consultants, to name a few Westpark (now Bay Vista) as a Public Sector A second round of meetings and forums were held Redevelopment Site (PSRS) This designation to discuss revisions to the Sub -Area Plan based recognizes its public ownership and the public interest on updated information about the site and market in innovative redevelopment that meets community conditions needs The master plan has been developed through a Sub -Area Planning process, will be compatible with Community meetings were advertised through a adjacent uses, and will provide a variety of housing combination of mailed and published notices, posted types and ownership options that will meet a variety of signs, and newsletters Bay Vista residents, neighbors housing needs within 300 feet, and the community at large were invited to participate in the process All residents LU12 Support community -wide access to amenities and of Bay Vista and within 300 feet of the site received services written notices and invitations Bay Vista will provide open space and recreational The public process conducted for the initial adoption amenities that are available to all community residents of the Sub Area Plan included the following outreach The site has also been planned to maintain and enhance efforts and comment opportunities views of the water Four public community meetings LU17 Adopt and implement appropriate standards and ► March 16, 2006 regulations for stormwater management The City of ' May 12, 2006 Bremerton should adopt and implement regional plans, ' June 22, 2006 (EIS scoping included) strategies, and standards as appropriate, including but not ' September 14, 2006 limited to the Seattle /King County Storm Water Manual, A week -long design charrette FEMA maps, and the Puget Sound Action Team's 2000 ' May 8-12,2006 Water Quality Plan Two stakeholder's meetings Stormwater will be managed in a manner consistent ' Apnl 19, 2006 with city standards ' July 13, 2006 SEPA/NEPA scoping meetings and EIS meetings June 22,2006 Bremerton Planning Commission workshops and public hearings October 17, 2006 ' November 21, 2006 Bremerton City Council public hearings and meetings ' January 24,2007 February 7, 2007 November 2012 current status of the project were also presented, with a question and answer session following _ Questions from the stakeholders included the following topics project financing, whether land will be sold as a large block or in individual lots, the anticipated income of future residents, use of design standards, ability to rent units, housing for residents not returning to Westpark, and the type of retail development that will ' face Oyster Bay Avenue — Community Meeting #2 (Design Charrette) May 8 -12, 2006 — Westpark Community Center At each of the meetings, the current status of the design process was presented, and attendees were invited to At the Design Charrette, the public had the opportunity comment on the design, and to ask questions about to interact directly with the design team over the the project and the process The goal of the stakeholder course of a week while the design was in process, process was to create a vibrant neighborhood allowing true public input Each night (with the � that reflects multiple public objectives, with the exception of Thursday) during the Charrette there participation and support of the community as a whole was a presentation and question and answer session, outlining the day's progress On the final evening, all of The content of the public meetings were as follows the drawings were presented, including the preferred site plan, which was generated through input from Community Meeting #1 March 16, 2006 each of the agencies and stakeholders involved, along West Hills Elementary School Gymnasium with the many members of the local community that This meeting included presentation of the existing participated This final presentation served as the conditions on the Bay Vista site, along with the "official" public meeting component of the charrette, proposed process for redeveloping the site Goals and was followed by a question and answer session and possibilities for the site were presented, and an Questions raised at the meeting addressed the invitation for the public to participate in the process following topics replacement of existing streets, of creating the Sub -Area Plan document The timeline density of housing, noise, availability of units for the and process for the project were presented, and a disabled, phasing of construction, grading of the site, question and answer session followed storm water management, sale of lots to individuals Questions from attendees, mostly existing Westpark Community Meeting #3 June 22, 2006 residents, were focused on the relocation plan, demolition, and future rent levels for the replaced Westpark Community Center subsidized housing This meeting included presentation of the EIS process, along with the proposed process for the environmental Stakeholder's Meeting #1 April 19, 2006 approval process A question and - answer session Westpark Community Center specific to the EIS was held, followed by an update of This meeting included presentation of the existing the overall design process for the site There was an conditions on the Westpark site, along with the additional opportunity for questions and answers after proposed process for redeveloping the site specifically the design process update geared toward those neighboring businesses and agencies affected by the Westpark redevelopment Questions and comments addressed the following Retail and commercial components of the project topics fill proposed for the existing ball field and potential seismic event, timing of construction, were presented, with a discussion of potential impact communication with residents about project progress, to surrounding businesses The timeline, process and impacts on existing wildlife, questions about the BAY VISTA relocation process, kinds of future businesses, lighting, • demolition of the existing community center and water features, BHA ownership of housing, whether development of a smaller community center on a there will be multiple builders for the for -sale housing, corner of the ball field, and name of the new community Y the same amount of parks and open space, Stakeholder's Meeting #2 July 13, 2006 ► noise mitigation walls adjacent to SR 3, and Westpark Community Center investigation of additional low impact design This meeting was geared toward the stakeholders techniques for stormwater management and included an update on the design process for Based on conditions of the HOPE VI grant, redeveloping the site Timelines for relocation of construction will need to be completed by 2013 (54 the current Westpark residents and construction month maximum from grant award) were presented, with a question- and - answer session following A question and answer session followed the presentation Questions addressed the following topics Questions from the stakeholders included the status location of a new fire station, whether the fire station of the grading design, and status of the stormwater site be used as a maintenance facility rather than for system commercial use, how secure the HOPE VI grant funds An additional series of informational meetings and are in view of recent national economic events, what forums was held in September- October 2008 in the HOPE VI funds can be used for, whether there connection with proposed revisions to the Sub -Area will be a homeownership program, whether off -site Plan property will be condemned by the City, the new phasing program, tree preservation, the design and Community Meeting #1 September 25, 2008 — Westpark character of the new commercial center, and numerous Community Center questions related to the on -going tenant relocation The kick -off meeting included a summary of the program plan revision process, the topics and schedule of Community Meeting #2 October 2, 2008—Westpark subsequent community meetings, and major changes Community Center being considered to the sub -area plan/master plan The recently awarded HOPE VI grant was also described The second meeting of the series focused on the changes to the commercial piece of the redevelopment As summarized, the basic concepts of the master known as Sector 5 Mel Maertz from Olympic plan for the community, recently renamed Bay Vista, Associates made a power point presentation which would remain the same a mixed -use, mixed - income, showed the conceptual sketches of what the new pedestrian oriented community, with ample open commercial could look like Slides also showed possible • space and landscaping, modern infrastructure and elevations for a grocery, an inn and residential high quality design Proposed changes to the master plan are motivated primarily by changing real estate Two community members and a potential commercial market conditions, and project financing needs Major tenant attended this meeting changes to the master plan being discussed include the Community Meeting #3 October 9 2008 — Westpark following Community Center a slight increase in the number of housing The third meeting was a discussion of the civil units, but the same number of low income units engineering changes The outlme for this meeting was dispersed throughout the community, an expansion and intensification of the retail 1 Introduction center, potentially incorporating the existing fire a Why are we going through this process station site, November 2012 2 Site Overview /Changes Community Meeting #5 October 23, 2008 — Westpark a. Changes in roadway layout /alleys Community Center b Changes in open space c Changes in Stormwater Management Areas The following agenda was used for this meeting 3 Grading Guest Introduction a Site constraints b Overall idea/slope reduction Greg Brower, Landscape Architect c Ma)ors areas of cut and fill of Berger Partnership 4 Stormwater Management Mel Maertz, Architect a. Drainage Basins of Olympic Associates Company b Outfall c Conveyance systems Sub - Area Plan Landscaping & Site Amenities 5 Low Impact Development A Streetscape a Pervious Pavement B Parks b Conveyance Swales C Open Space c Roof Downspouts D Club House d Filterra E Residential Landscape 6 Street Sections a Possible Options The presenters showed visuals of what the new parks and open spaces would look like They also showed 7 Closing a schematic design of a new community club house a Next Steps Audience comments were primarily about the use of Justin Goroch from BCRA Engineering was the existing trees and new plantings featured speaker Questions were fielded from the Community Meeting #6 October 30, 2008 — Westpark audience with most of the questions centering on our Community Center use of Low Impact Development This final meeting was a wrap up and summary of the Community Meeting #4 October 16, 2008 — Westpark previous 5 meetings We reviewed the contents of the Community Center previous weeks' presentations and fielded any audience questions that may have come up over the course of the The fourth meeting was a presentation of what the 6 weeks new replacement housing in the new Bay Vista will look like Presentations were made by Tonkin Hoyne No issues were left outstanding and no official complete with a power point presentation of what the comments have been received replacement public housing would look like and Ross Deckman + Associates with schematics of what the More detailed documentation of the public process is multifamily apartment and manor houses would look on file with the City of Bremerton like Stakeholder Meeting June 21, 2012 —Summit at Bay Vista The tenants in the audience asked questions such Tenants and community partners were present to as what amenities would the units have Responses review the proposed changes to the Sub Area Plan comparing and contrasting the current housing with Responses were all supportive of the plan the new housing were well received Stakeholder Meeting June 25, 2012 — BHA Administrative Offices BHA staff was present to provide an overview of proposed changes to the Sub Area Plan There were no other attendees at the meeting BAY VISTA D SEPA/NEPA ENVIRONMENTAL E BAY VISTA ARCHITECTURAL REVIEW REVIEW COMMITTEE The review process for the proposed re- development All new development proposals will adhere to the of Westpark, and the initial adoption of the Sub -Area development review, permitting and design approval Plan, included preparation of an Environmental processes of the City of Bremerton and the Bay Vista Impact Statement (EIS) to comply with the National Architectural Review Committee (ARC) ARC planning Environmental Policy Act (NEPA) and the State and design standards are identified in the Sub -Area Environmental Policy Act (SEPA) The City also Plan Covenants, Conditions & Restrictions (CC &R's) prepared an EIS Addendum for the initial adoption of will also apply to all property on the site that is sold for the Sub -Area Plan The purpose of an EIS is to present redevelopment, to help ensure that all proposals meet information about the environmental consequences relevant requirements of proposals, including redevelopment projects, to consider alternative courses of action, and to mitigate The Bremerton Housing Authority has contracted environmental impacts that are avoidable This analysis with a development consultant who is responsible for helps ensure that decision makers are aware of impacts all development within the boundaries of the protect to the natural and human environments, and that they site The development consultant will assemble an consider opportunities to mitigate impacts The process ARC responsible for the review and approval of all also provides opportunities for interested agencies, permit applications prior to their submittal to the City tubes and citizens to comment on proposals and to be of Bremerton Upon approval the ARC will issue a certificate that will be required to be included with the involved in their consideration submittal to the City Permit applications will not be A single EIS was prepared to satisfy NEPA and SEPA accepted by the City without the approval of the ARC requirements The City of Bremerton, designated as the The City will maintain its primary authority to review Responsible Entity (RE) for NEPA compliance, served and approve plans for consistency with zoning and as the NEPA lead agency Compliance with NEPA was development standards, and building requirements, as required because the project involved federal action, by required by law In particular, the Architectural Review the Department of Housing and Urban Development Committee will ensure that proposed development (HUD), to use federal funds in redeveloping the site is consistent with the intent and specifics of CC &Rs The Bremerton Housing Authority acted as the lead adopted for the Bay Vista site agency for SEPA compliance Scoping occurred in June 2006 A Draft SEPA /NEPA EIS was published in March 2007 Public meetings on the Draft EIS were held in April 2007 A Final EIS, responding to public and agency comment, was published in May 2007 All meetings were advertised consistent with state and federal requirements Notices of the publication of EIS documents were similarly published consistent with SEPA and NEPA requirements An Environmental t Review Record (ERR) was prepared to comply with NEPA and is on file with the City of Bremerton An addendum to the EIS was prepared in 2008 to address changes to the Sub -Area Plan November 2012 III - BAY VISTA SUB -AREA PLAN A EXISTING SITE CONDITIONS Bremerton to Central Kitsap County (via SR 3) SR 3 and Kitsap Way intersect lust northwest of the Bay Vista site Access to the site is provided by Oyster Bay Avenue, DRAINAGE Sinclair Drive, Arsenal Way and Sand Dollar Drive Stormwater within the site is conveyed by overland Kitsap Transit provides public transit service to the flow and through a rudimentary system of open City of Bremerton Routes No 24 and 26 serve the Bay ditches and enclosed drainage pipes Outside of the Vista site, with stops along Kitsap Way (Route 24), at project area, stormwater is conveyed away from the the Firs Apartments on Russell Road (Route 26) and site in open ditches and enclosed drainage systems within the Bay Vista site Service on both routes has Stormwater from the on -site area combines with one -hour headways stormwater from off -site areas in the conveyance systems outside of the project area There are no known Kitsap Way has a designated bicycle lane, wide sources of off -site stormwater that is routed through shoulders, raised sidewalks on both sides, and painted the existing drainage system crosswalks with pedestrian call buttons The City of Bremerton has recently upgraded or added new There are no known existing water quality treatment accessible ramps at various intersections along Kitsap facilities within the Bay Vista site Stormwater Way Amid -block pedestrian crossing is located east of treatment for the redeveloped conditions on the Oyster Bay Avenue Oyster Bay Avenue includes raised overall site will be provided in accordance with Title sidewalks on one side of the street • 15 04 042 of the City's municipal code Water quality treatment and flow control facilities will be designed in Two intersections of Kitsap Way - at Oyster Bay accordance with the City of Bremerton Public Works Avenue and Pershing Avenue - have relatively high and Utilities Standards, using Department of Ecology accident rates (based on the last three -year average) (Ecology) hydrologic simulation software to calculate flow rates and volumes Existing levels of service at major intersections meet City of Bremerton standards Those experiencing the Currently, most of the site discharges through two highest delays are Kitsap Way at Marine Drive, and existing outfalls into Oyster Bay Small portions Kitsap Way at the SR 3 southbound ramps in the Southeast and Northwest corners of the site discharge to existing Washington State Department CRITICAL AREAS of Transportation storm drainage systems ultimately flowing to the Sinclair Inlet and Ostrich Bay Creek The Bay Vista site does not contain wetlands or streams, Low Impact Development (LID) techniques, including, based on preliminary analysis These resources are but not lunited to, pervious pavement, raingardens, presently adjacent to the site, however, and on -site bioswales, and roof dram dispersion will be utilized to activities (e g, stormwater runoff) will need to be the greatest extent feasible to treat stormwater and help managed to protect off -site water quality and habitat control flows from the site The site's trees and vegetation provide a valuable environmental and visual amenity, but do not provide TRANSPORTATION habitat for designated threatened, endangered or sensitive species Critical aquifer recharge areas are Regional transportation facilities bounding the Bay not present Some steep slopes do occur and will be Vista site include SR 3, Kitsap Way and Oyster Bay addressed through site planning consistent with City Avenue SR 3 is a four -lane, north -south freeway serving requirements Central Kitsap County Kitsap Way is a five -to -seven lane, limited access, principal arterial that connects West BAY VISTA SUMMARY OF OPPORTUNITIES AND A five - minute walking distance (quarter -mile CONSTRAINTS radius) is often used as a benchmark for planning traditional neighborhoods Most of the site, and Based on natural features, site location and expressed portions of the planned Oyster Bay Neighborhood public and private planning ob)ect►ves, the Bay Center commercial area (along Kitsap Way), are Vista site possesses significant opportunities for within convenient walking distance and are redevelopment There are also a number of constraints accessible from the surrounding community Bay that will be addressed through the sub -area planning Vista residents will provide economic support for and master planning processes on -site and off -site services • The site's topography is varied and dramatic The site is not significantly constrained by critical Three high points within the site will most likely areas (e g , wetlands, streams, fish and wildlife create beautiful views towards Oyster Bay habitat, aquifer recharge areas) It does contain some steep slope areas that will need to be • Bay Vista is bounded by State Road 3 and Kitsap stabilized and carefully engineered Way These two primary roads carry high volumes of traffic, which creates a perceptible level of noise within the site ' Figure 2 — Opportunities and Constraints Diagram e- 77Y 4 M � t i t 1 0 R November 2012 Some mature landscaping and significant trees are Provide a varied set of housing and lot types to present on the site in the Preserve These features promote a mixed - income neighborhood are valuable amenities and provide opportunities Encourage development of new neighborhood for integration into a system of parks and open retail along Arsenal Way and at the intersection of space ICitsap Way and Oyster Bay Avenue B SUB -AREA PLAN VISION, GOALS Connect to and re -use existing infrastructure AND OBJECTIVES where appropriate 2 Create a Pedestrian - onented Environment The vision of the Bay Vista Sub -Area Plan is to provide a modern, mixed -use, mixed - income, pedestrian- Conceal retail parking to enhance the public realm for pedestrians along the street friendly and amenity-rich neighborhood for residents, neighbors and visitors Redevelopment will create a Improve pedestrian and bicycle connections particular kind of place, one that provides space for the within and outside of the Bay Vista site community to gather and interact Streets, plazas and Encourage the use of public transit other public spaces will all be designed with the care and attention to detail required to make them function Provide and enhance trails through existing as outdoor public "living rooms" of the new Bay Vista wooded and landscaped areas The pedestrian - oriented design is reflected in a 3 Maintain and enhance existing view landscape and clearly defined "mam street", small- scaled blocks, and corridors pedestrian-scale buildings on landscaped streets Take advantage of views north to Oyster Bay Public art parks, and stands of significant trees also contribute to this definition The Sub -Area Plaris Maintain and enhance trees and landscape along the south side of Kitsap Way and in the Preserve overall goals and objectives include the following ' Develop public neighborhood parks and greens 1 Promote a Mixed -use, Mixed - income Neighborhood adjacent to existing landscape features and views • Promote a livable, walkable community through traditional neighborhood - making principles 1 BAY VISTA 4 Enhance the civic realm and create more usable public ' Create open spaces easily accessible to residents open spaces P Create parks that appeal to a wide range of age Provide outdoor amenities groups A diversity of park types should be Create smaller pocket parks throughout the established to offer a diversity of passive and ' neighborhood to promote walkability and security active uses • Use the `eyes -on -the -park' to create safe active ' Improve and create parks and civic spaces environments Lighting, layout and visibility are 5 Promote economic development through provision of key factors in the design of active parks commercial activities and services Provide trash and recycling bins for the parks that meet Develop a Village Center that will provide local the needs of the users lobs, help finance redevelopment of the site, and Use resilient materials that reduce maintenance generate revenue to the City costs Provide a full range of services to meet the everyday needs of local residents Increase community participation through direct access for residents from their homes to adjacent 6 Integrate low impact development approaches into parks the site master plan where possible and practical , Create public viewing areas ' Reduce street widths where appropriate to help Provide for an urban trail through the natural area reduce impervious surfaces and along Kitsap Way • ' Maintain and integrate open space into the site Provide for wildlife through preservation and plan enhancement of the natural area • ' Investigate stormwater design that uses bioswales , Bay Vistas landscape will also serve to enhance the and infiltrates stormwater where appropriate site's architecture and relate to the local environment ' Use pervious asphalt where soil conditions permit The topography of the site allows for vaned relationships of architecture and landscape, which will OPEN SPACE GOALS help distinguish sub - neighborhoods from each other Open and accessible outdoor spaces and convenient ' Create parks that enhance the community and seating will encourage human interaction and create a encourage and support social interaction safe and visible environment for children Pedestrian 1 i r r 1 - 1 1 November 2012 scale lighting will enhance the streetscape, alleys and offering numerous types, styles and sizes of residential parks Narrower streets will calm traffic and protect units types, at varying densities, to meet the pedestrians community's housing needs and to accommodate a spectrum of income groups The heart and center C. SUB AREA PLAN ELEMENTS of the community will be the Bay Vista Preserve, a large open space that will provide opportunities for The Bay Vista Sub -Area Plan addresses the following active recreation and passive enjoyment of significant elements vegetation Residential neighborhoods will line the park. Smaller parks and open spaces will be located 1 land Use, including the master site plan map and throughout Bay Vista's neighborhoods and plazas, and identification of major land uses more "urban" spaces will be co- located 2 Housing, including the expected number of for -sale, Different land uses will be arranged compatibly in rental, market -rate and low- income units, and planned distinct neighborhoods, and in mixed -use buildings, densities some of which will have plazas and other urban open spaces The site's more intensive land uses including 3 Open Space, landscaping and amenities spaces high density residential buildings, and a retail/ 4 Roads and Infrastructure, including vehicular and commercial village - will be located along the site's non - vehicular circulation systems, storm water outer edges, closer to (but buffered from) major management, and site utilities artenals All of the site's activities, however, will be within a convenient walk or bike ride via Bay Vista's Bay Vista will be amixed -use, muted- income system of paths and trails community drawing on the best of traditional ' neighborhood design and the rich history of 1 LAND USE Bremerton, while employing modem amenities and taking advantage of the topography, landscape and The general arrangement and location of land uses in views The intent is to build a warm community, where Bay Vista are shown in Figure 4, which indicates the neighbors interact and walk on beautiful tree -lined planned, general locations of proposed land uses residential streets, and where pedestrian circulation Mix of Land Uses is emphasized The areas of the site where retail is proposed will be designed to be lively and energized The planned mix of land uses will create a vibrant, The Land Use Plan is loosely based upon a grid of attractive and functional community interconnected streets that provide multiple routes Residential uses including single -family attached and to any destination This configuration allows easy detached in a variety of designs, and multi - family pedestrian and vehicular circulation throughout the will predominate Retail and service uses will also be neighborhood by spreading out traffic loads Sidewalks, provided to meet the everyday needs of residents, these street trees, and appropriately scaled street lights and activities will support the more diverse, larger scale furniture will provide richly detailed streetscapes commercial activities occurring along Kttsap Way, A unique sense of place will be created through the in the designated Oyster Bay Neighborhood Center arrangement of vibrant public spaces, a clear hierarchy Retad/commercial and residential may occur in mixed - of pedestrian- friendly streets, a balanced program of use buildings More intensive and larger -scale land uses residences, retail services, offices, community buildings (retail, commercial, and larger multi -family buildings) and spaces, as well as an architecture that responds will generally be located closer to the site's boundaries, to the northwest vernacular Buildings that line public transitioning to residential and open space uses in spaces will enclose and frame the public realm, and more central portions of the site. connect to one another at the scale of the pedestrian Density Foremost, Bay Vista will be a residential community, The allowable gross density based on preliminary BAY VISTA Figure 4 — Land Use Plan I Y j 4%6 �. � � u MONU ; - - - -- L E, (0 LE'l CD) E j VILLAGE COMMERCIAL RESIDENTIAL \ MULTI- FAMILY/ SENIOR HOUSEING i OPEN SPACE PARKS MULTI - FAMILY /MIXED USE `\ PUBLIC FACILITY December 2012 plat approval is approximately 12 dwelling units per natural open space that will be preserved in a natural acre Individual projects must be within the range condition The BHA has conducted a tree survey to that is specified for the type of residential unit in the identify all significant trees Low impact trails and Sub -Area Plans development standards Variations in limited improvements will also be considered density are anticipated throughout the site, subject to the lunits in the development standards 4 ROADS AND INFRASTRUCTURE 2 HOUSING Roads & Pedestrian Circulation Bay Vista's thoroughfare system - streets, sidewalks and Housing Program pedestrian paths, shown m Figure 4, is a fundamental Bay Vista will include a mix of for -sale and rental units, element in site design, and will connect areas of the and market -rate and public/low-income units community to each other and to the surrounding neighborhood The street design promotes pedestrian Low -income amts will be developed at Bay Vista and circulation, while maintaining automobile access will include a mix of residential housing types for residents and visitors The street layout provides 3 OPEN SPACE AND PARKS multiple paths to each home and business, and reduces congestion by distributing traffic across the site ' Approximately 15 acres of the Bay Vista site will be devoted to various types of parks and open space The design and dimensions of major types of streets As shown on Figure 4, open space and parks will be are addressed in Section IV of the plan, "Zoning & distributed across the site Together, they express Bay Development Standards " In general, streets utilize Vista's environmental sensitivity, its desire to enrich narrower widths to reduce impervious area and the health of the community and the individual, to slow vehicle speed Alleys are used for access to private parking for automobiles to preserve the desired and to establish the character of the neighborhood Landscaping and preservation efforts also offer pedestrian- orientation of the streetscape and front opportunities for education School and conservation facades of residential structures Basic streets types programs, community work parties and stewardship include the following opportunities will involve residents in preservation Neighborhood Streets - One -lane or two -lane roads and enhancement of their natural environment Native (varying among neighborhoods) with on- street parallel wildlife will also provide a vital connection with the parking Sidewalks of varying width are provided on environment both sides of the street These streets are lined with The Bay Vista Preserve is an approximately 10 acre trees and include landscaping between the street and Table 1 - Bay Vista Land Use Land Use Zone Area (acres) Maximum Density Multi - family /Mixed Use 11 Up to 65 d u /acre Multi- family /Senior Housing 6 Up to 65 d u /acre Village Commercial 14 N/A Open Space 15 N/A Residential 21 Up to 38 d u /acre Streets 16 N/A TOTAL 183 1 Up to 12 d u /acre Notes (1) See Table A -1 for density and dimensional standards BAY VISTA the sidewalk. D FUTURE CHANGES TO Bay Vista Boulevard - Provides access to the regional THE SUB AREA PLAN transportation system, is designed as a wider, tree -fined The Bay Vista Master Plan and Sub -Area Plan are street with two traffic lanes, on- street parking and sidewalks on both sides evolving documents and will change incrementally over time in response to changing regional economic Alleys - Provides access to garages for parking and conditions, and to ongoing planning, design, for deliveries and services for Single- Family Attached, environmental review, public involvement and local Single -family Detached, and other unit types decision - making A degree of flexibility is inherent in large - scale, phased master plans, this flexibility is Pedestrian Paths and "Green Streets" - These are desirable to provide the ability to respond to changes in separate from vehicle traffic and provide pedestrian- demographic, economic and market patterns over time only between Bay Vista streets, connections between Bay Vista neighborhoods, parks and open spaces, retail The initial Sub -Area Plan map, adopted in 2007, activities and services These paths will also connect to reflected the conceptual master plan for the site at the off -site regional trail system that tune and stage of planning Some proposed land use designations allowed flexibility in uses, and Infrastructure contemplated that changes could be proposed in Bay Vista will be redeveloped with all new utilities the future For example, it was recognized that Bay and infrastructure, including sewer and water systems Vista's on -site population and financial requirements and stormwater management Stormwater systems will could support and /or require additional compatible include water quality treatment, which is not currently retail development on the Bay Vista site Additional provided on the site Low Impact Development (LID) retail development was incorporated in the revised approaches for stormwater management, including Master Plan and Sub -Area Plan Any significant the use of pervious pavement in some street sections changes to the conceptual land use map requires are being pursued in preliminary engineering and thorough consideration through a public review design If feasible economically and geotechmcally, process, including review and action by the Planning this approach could increase infiltration of stormwater, Commission and City Council to amend the recharge of groundwater, and could potentially reduce Comprehensive Plan Appropriate environmental runoff below existing levels Upgrading of the existing analysis is also required Any changes also need to Oyster Bay outfall may not be necessary, in this case, to be consistent with the Sub -Area Plans goals and accommodate flows from Bay Vista development standards Such changes were proposed in 2008 to modify the Sub -Area Plan's boundaries, increase the number of residential units slightly, and to increase the size and intensity of on -site commercial uses November 2012 IV - ZONING & DEVELOPMENT REGULATIONS A LAND USE ZONES Streetscapes that include amenities, (street trees, planting strips, benches, street lighting, etc ) and This section of the Sub -Area Plan contains the other design features that make streets interactive, zoning and development standards that will guide walkable and enjoyable, the redevelopment of Bay Vista and will implement the requirements of the site's zoning designation The A general landscape plan, including preservation • standards address the following elements of significant trees where possible, ' Adequate off - street parking, which may modify Land uses /zones, including density, height, setbacks, standard requirements if a parking study building coverage and impervious surface coverage, demonstrates no impact on adjacent properties General development standards, 1 LAND USE & DIMENSIONAL STANDARDS • Building design, Land uses within Bay Vista and applicable dimensional ' Streets, sidewalks and driveways, standards are identified in Table A-i, Density and ' Parking, Dimensional Standards and Figure A-2, Land Use Map • Landscaping, Parks and open space, 2 RESIDENTIAL ' Intent The intent of the residential (R) zone is to ' Signs accommodate a variety of housing types at varying Design standards are reviewed for conformity by the densities consistent with creation of a mixed - income, ARC, as discussed in Sec III mixed -use pedestrian- oriented community Housing types may include single -family attached and detached The current zoning classification for the Bay Vista site in a variety of styles Multi -Family housing may also is Master Development (MD) [Chapter 20 80 BMC] occur in mixed-use buildings The MD zone is applied to sites envisioned for large - scale planned development These proposals must meet Residential standards shall be in accordance with the a public need and provide a community benefit, such as standards of BMC 20 60 with the following additions redeveloping "blighted" areas or providing affordable and/or revisions housing opportunities Projects may be proposed by 0 public entities or public- private partnerships, and i Permitted Uses and Density should result in innovative development a Permitted Uses Proposals in the MD zone are required to prepare a (i) Provided that they are consistent with the Master Development Plan (MDP), which includes intent of the Zone, all uses are permitted standards for development of the site, including uses, outright, provided that the Development • Standards specified in Section IV are satisfied density, setbacks, lot coverage and heights Other The applicant shall bear the burden of proving required components of an MDP, which are addressed that a proposed use achieves the stated intent in these regulations, include the following of the particular zone • An open space plan that protects natural resources b Use Definitions and provides recreational opportunities, (i) Definitions of the specific land uses are found • Site edge design that is compatible with adjacent in BMC Chapter 20 40 uses and densities, c Decision Authority (i) A use determination made by the Director may be appealed to the Hearing Examiner BAY VISTA Figure A -2 — Land Use Plan FUMAKERM 4 � t t ! f 'Ir LEGEND v i VILLAGE COMMERCIAL \ RESIDENTIAL MULTI - FAMILY/ SENIOR HOUSEING OPEN SPACE PARKS MULTI- FAMILY /MIXED USE —' PUBLIC FACILITY December 2012 following a Type II decision process as set forth 3 MIXED USE in BMC Chapters 20 02 and 20 40 Intent The intent of the Mixed -Use zone is to ii Dimensional Standards Standards for height, setback, further the goal of creating a traditional, mixed -use yards, budding coverage and site coverage shall be pedestrian- onented community by allowing a consistent with Table A -i complementary mix of residential and non - residential uses to locate within the same building or stand alone iii Public Space Requirements multi family buildings The following public space requirements to residential development Mixed -Use standards shall be in accordance with the standards of BMC 20 60 with the following additions a. Pedestrian- onented spaces, amenities and corridors and /or revisions shall be incorporated in the overall site design b Pedestrian areas shall be easily accessible, clearly visible i Permitted Uses and Density and located to take advantage of surrounding features a. Provided that they are consistent with the intent of the such as building entrances, open spaces, significant Zone, all uses are permitted outright except those uses LLI landscaping, unique topography or architecture, and listed prohibited in Section IV A 311, and provided that solar exposure the Development Standards specified in Section IV are iv Development Standards satisfied The applicant shall bear the burden of proving that a proposed use achieves the stated intent of the a. Residential building density, height, yards /setbacks, particular zone budding coverage and site coverage, shall be consistent with the standards in Table A-i ii Prohibited Uses • b Garages &Integral Garages The following uses are prohibited (i) Integral garages incorporated into residential a Adult entertainment structures should not face the street, except for b Automobile sales lots not served at the rear by alleys Where garage c Light and heavy industrial /manufacturing uses doors facing the street are permitted, they should be set back from the front facade, and should iii Dimensional Standards contain at least 25% glazing Driveways shall be a. Standards for setback, yards, building coverage and a minimum length where any vehicle parked in front of the garage shall not protrude onto the site coverage are indicated in Table A-i, Density & sidewalk Dimensional Standards c Landscapmg• Landscaping shall meet the requirements iv Public Space Requirements 0 of Subsection G of these regulations a Pedestrian- onented spaces, amenities and corridors d Building Orientation and Design Elements shall be incorporated in the overall site design (i) Residential When located at block corners, b Pedestrian areas shall be easily accessible, clearly visible buildings shall have two primary facades and located to take advantage of surrounding features (composed of the same materials) that are such as building entrances, open spaces, significant oriented to the two streets landscaping, unique topography or architecture v Fire Protection Systems c Delineate pedestrian areas through the use of different D paving materials, scored paving surfaces, built -in Due to the road widths proposed in this plan, all planters, landscape areas and freestanding site residential units shall be protected by a fire - sprinkler furniture system v Development Standards vi Lot Standards Site development shall be in accordance with the a Residential muumum lot width shall be 30 feet standards of BMC 20 66 060 with the following BAY VISTA additions and revisions (u) Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians a Buildings should be arranged to facilitate integration and passing vehicles to minimize covert activities and use of plazas, courtyards, and greens in the space and lessen risks to public safety b Sites should be designed to create an identifiable (111) Site furnishings should be a commercial -grade pedestrian urban character Methods to achieve this designed for heavy public use concept include (i) Providing well- defined pedestrian walkways or 4 VILLAGE COMMERCIAL C ) circulation from parking areas, public sidewalks, Intent Promote attractive, unified, and viable and building/shop entrances throughout the site commercial businesses that serve the needs of the (ii) Designing surface parking areas to avoid long community and provide�obs Emphasize pedestrtan rows of uninterrupted parking (ill) Where possible, sites shall be designed to provide activity, safety and security while still providing for vehicle and pedestrian connections to adjacent drive thrus adequate auto and truck access sites and activity areas c Outdoor lighting standards i Permitted Uses The following standards apply to all uses and a Provided that they are consistent with the intent of the development within this zone Zone, all uses are permitted outright except those uses (i) Except for intermittent security lighting on listed prohibited In Section IVA 411, and provided that motion detectors, all lights more than seven feet the Development Standards specified In Section IV are above the ground shall be directed downward satisfied The applicant shall bear the burden of proving . and have high cut -off light angles that a proposed use achieves the stated intent of the (u) Large areas may be lit with a number of low- particular zone LLJ intensity sources close to the area requiring illumination Illumination of a large area with a b Use Definitions remote single source of light shall be prohibited (i) Definitions of the specific land uses are found in . (111) Lighting shall not be cast beyond the premises BMC Chapter 20 40 and shall be limited to illumination of surfaces c Decision Authority intended for pedestrians or vehicles Illumination of landscaped areas shall be avoided unless the (1) A use determination made by the Director may landscaped area is immediately adjacent to the be appealed to the Hearing Examiner following building a Type II decision process as set forth In BMC (iv) Pole lights shall be no taller than 25 feet above Chapters 20 02 and 20 40 a 36 -inch base in parking lots, traffic areas, or a Prohibited Uses 0 pedestrian areas d Site furnishings a The following uses are prohibited Incorporate outdoor furniture, fixtures, and streetscape (i) Adult entertainment elements into the site design that enhance and (u) Automobile sales complement the commercial functions of the site (iii) Light and heavy industrial /manufactunng uses Miscellaneous structures and street furniture should ui Dimensional Standards C) be designed to be part of the architectural design and a Standards for setback, yards, building coverage and landscape The following requirements will assure site coverage are indicated in Table A -1, Density & consistency in site furnishing design and are applicable Dimensional Standards LLJ to all non - residential uses The following standards shall apply iv Public Space Requirements I (1) Utilize lighting, free- standing signs, trellises, a. Pedestrian- onented spaces, amenities and corridors arbors, raised planters, benches and other forms shall be incorporated in the overall site design j of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furmture or streetscape fixtures in the site design to create and define public spaces November 2012 I I b Pedestrian areas shall be easily accessible, clearly visible d Site furnishings and located to take advantage of surrounding features Incorporate outdoor furniture, fixtures, and streetscape such as building entrances, open spaces, significant elements into the site design that enhance and landscaping, unique topography or architecture complement the commercial functions of the site c Delineate pedestrian areas through the use of different Miscellaneous structures and street furniture should paving materials, scored paving surfaces, built -in be designed to be part of the architectural design and planters, landscape areas and freestanding site landscape The following requirements will assure furniture consistency in site funushing design and are applicable to all non - residential uses The following standards • v Development Standards shall apply Site development shall be in accordance with the (i) Utilize lighting, free- standing signs, trellises, standards of BMC 20 66 060 with the following arbors, raised planters, benches and other forms additions and revisions of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or a. Buildings shall be arranged to facilitate integration and streetscape fixtures in the site design to create and define public spaces use of plazas, courtyards, and greens (u) Locate site furnishings to maximize visual b Sites shall be designed to create an identifiable surveillance of the area by residents, pedestrians pedestrian urban character Methods to achieve this and passing vehicles to minimize covert activities concept include in the space and lessen risks to public safety (i) Providing well- defined pedestrian walkways or (iii) Site furnishings should be a commercial -grade designed for heavy public use circulation from parking areas, public sidewalks, • and budding/shop entrances throughout the site w Budding Orientation and Design Elements (ii) Designing surface parking areas to avoid long rows of uninterrupted parking a Blank walls shall not face streets, unless modulated or (iii) Where possible, sites shall be designed to provide landscaped vehicle and pedestrian connections to adjacent sites and activity areas b For surface development buildings may generally c Outdoor lighting standards follow the alignment of the streets they front The following standards apply to all uses and vu Architectural Budding Elements and Character development within this zone (i) Except for intermittent security lighting on Design Intent To create a collection of buildings that presents a unified character while allowing for the motion detectors, all lights more than seven feet above the ground shall be directed downward individual architectural expression of each building and have high cut -off light angles The design character of an individual building should (ii) Large areas may be lit with a number of low- be compatible (share similar features such as color, intensity sources close to the area requiring scale, massing, width, setback and height and use) with illumination its commercial neighbors on either side and across the (iii) Lighting shall not be cast beyond the premises street or plaza and shall be limited to illumination of surfaces intended for pedestrians or vehicles Illumination a Building Scale Design Intent of landscaped areas shall be avoided unless the landscaped area is immediately adjacent to the (i) To provide a consistent architectural scale building throughout, which is appropriate to a pedestrian (iv) Pole lights shall be no taller than 30 feet above environment a 36 -inch base in parking lots, traffic areas, or (ii) To create a concentration of buildings near the pedestrian areas plaza and along the street (in) To achieve an inviting and interesting set of buildings with distinctive character (iv) To ensure that the buildings present a vaned response to streets and public spaces (v) To create strongly identifiable elements and BAY VISTA Table A -1 — Density and Dimensional Standards Land Use/ Density Maximum Front Yard Side Yards Rear Yards: Maximum Maximum Zone (Net dwelling Height (Budding (ft) d.u. or Building Site units (d.u.) per Setback) Coverage 4 , Coverage is , acre) (ft) space/ g ara g e (�) �► Residential Up to 38 30 feet 10 (6) 5 5/2 90% 95% d u /acre Mixed Use/ Up to 65 65 feet 0 0 5/2 90% 100% Multi-Family/ d u /acre, + up Senior Housing to 7,500 SF of non - residential use permitted on the ground floor facing public street Village N/A 65 feet 0 0 0 90% 95% Commercial 0 (1) Corner lots shall have two (2) front yards and only one (1) side yard (2) Side and rear yard setbacks are subject to additional requirements contained in subsection 5 B Development Standards (3) Where garage is attached or integral to a dwelling unit, and there is no rear yard, the minimum rear yard setback shall be five (5) feet for dwelling space, and two (2) feet for garage Across an alley the distance between facing garages shall be 24 feet minimum A deck that does not exceed thirty (30) inches in height above the finished grade may encroach within the rear -yard setback area to within three (3) feet of the property line (4) Includes all area covered by structures and roofs, except roof overhangs of 2 feet or less (5) Includes area covered by structures and roofs, as defined above, and all impervious site materials 0 (6) Additional front yard setback as required by utility provider • November 2012 civic gathering places that encourages a sense of with low life cycle costs community and a sense of place (vi) To encourage use of good quality materials with a The materials of building elements such as roofs low maintenance life -cycle cost (where exposed to view), exterior walls, trim, and other b Building Modulation and Articulation miscellaneous elements, should be durable yet should (i) Building street fagades or walls facing pedestrian also possess an enduring commercial character plazas should be modulated to break down b The use of materials which provide textural interest is the scale and have the vaned look of multiple encouraged for both roofs and walls (precast concrete, buildings masonry, brick, ornamental steel, metal panels, wood (n) Building masses and edges along the street or or cementrtious siding) • facing pedestrian plazas shall be articulated with windows, entryways and vertical and horizontal x Service Areas elements that provide interest (ui) Modulation and articulation may be Intent To screen service and utility elements from accomplished in a number of ways, including view while providing efficient service areas (a) The stepping back or projection of a portion of a Building service elements and utility equipment shall the facade (b) Include sigmficant building elements, such be contained within the building envelope to the extent as balconies, bay windows, porches, stoops, practical so as not to physically encroach on or visually pergolas, arcades, canopies or other pedestrian impact public pedestrian areas weather - protection elements, towers, turrets, areas, etc b All on -site service areas, loading zones, waste storage, entry (c) entry a Budding focal points, which include distinctive recycling collection, disposal facilities, transformer and utility vaults and similar activities shall be located in entry features, etc • (d) Articulation of the roofline and /or an area not visible from a public street or open space If manipulating roof forms using gable -ends or this is not possible, then the service area, loading zone, dormers or storage area must be screened from public view (e) Changing materials and /or colors Acceptable screening includes c Articulate aspects of building function and design (i) Materials matching or compatible with the through treatment of windows, doors, enhanced adjacent building wall (u) An opaque landscape hedge or other screening entryways, comers with special trim, molding or device as approved by the City Chain link glazing, decorative building materials, such as tile and fencing with /without slats is not permitted metal work, balconies at upper stones, multiple -paned (iii) Service /utility areas or enclosures shall not be windows, decorative railings, grillwork or landscape located in or be visible from the public plaza or guards, landscape trellises, or decorative light fixtures courts viii Budding Roof 5 OPEN SPACE a Flat roofs and sloped roofs are allowed If flat roofs Intent The intent of the Open Space (OS) zone is to are used, cornices or projections are encouraged to recognize those areas, whether public or private, that delineate roof edges and help with building modulation are intended to be maintained and used for active or b Roof mounted mechanical equipment (HVAC) shall be passive open space, parks, recreational activities or tree screened from view with structural elements or screens preservation Such areas may include squares or plazas constructed of materials and details compatible with that are integrated into intensively developed portions those used in the building of the site ix Architectural Budding Materials i Permitted Uses & Density Intent To enhance the quality of both individual a. parks and open spaces used for active recreation and/ buildings and the commercial center streetscape as or passive enjoyment, including developed recreational a whole To encourage the use of traditional forms, facilities details, and good quality low maintenance materials BAY VISTA b Squares or plazas B GENERAL DEVELOPMENT c Trails, pervious or impervious, for non - motorized use STANDARDS d Schools and playgrounds General Development Standards shall be in accordance e Maintenance facilities not exceeding 500 square feet with the standards of BMC 20 44 and 20 46 with the following additions and /or revisions � f Maintenance of trees, vegetation, and landscaping h Irrigation systems 1 FENESTRATION L Benches, plrnlc tables, pergolas, &similar amenities The following additional architectural requirements 1 Fountains, sculpture and artwork apply to Village Commercial along Bay Vista k Stormwater management facilities Boulevard L Utilities and utdity structures i Streets and windows shall have a maximum sill height above the ground or sidewalk of 36 inches m Interpretive signs and displays in Bay Vista Preserve Management Plan 2 BUILDING HEIGHT A management plan will be prepared for this i Budding height is defined as the distance from the significant open space The plan will be developed average finish grade at the fapde to the highest point with community input and will address vegetation of a flat roof, or midpoint of the sloping surface of a management, selective thinning to remove unhealthy pitched roof Refer to Figure B -1 trees and invasive species, and the appropriate types of Improvements ii Tower elements, not more than 300 square feet in footprint, may exceed the maximum budding height by 6 PUBLIC FACILITY 12 feet �� Intent The intent of the Public Facility zone is to 3 BUILDING SETBACKS `JO provide an environment for services and facilities fj predominantly operated by public agencies and serving Refer to Table A - Density &Dimensional Standards a community need. The Public Facility zone ensures b a well - planned complex with attention to landscaping Z and architectural features N i Permitted Uses, Design & Development Standards 40 a Shall be in accordance with BMC 20 90 including setbacks, height restrictions and development coverage, unless allowed for by law otherwise b This zone is exempted from the Bay Vista Architectural r� Review Committee (ARC) and shall be reviewed by the City for compliance for design criteria �1 December 2012 C STREETS, SIDEWALKS AND b Standards DRIVEWAYS (i) Total right -of -way 47 -52 feet (ii) Travel lane (2) 8 -9 feet wide 1 STREET STANDARDS (iii) On- street parking (one & two sided) 7 feet each side Bay Vistas circulation system - streets, sidewalks and (iv) Sidewalks 5 feet wide pedestrian paths - is an important element in site (v) Planting stnps / swale design and providing connectivity on and off -site The (a) Six feet wide (including half -foot curb) on each side locations of streets by type are shown in Figure D-1, (b) Street trees shall be placed every 40 feet (or Thoroughfare Map Streets, driveways and sidewalks equivalent) and shall be 2 5 -inch caliper shall be constructed using the standards described minimum at time of planting Recommended below and shown in Figure 0-2, Street Sections species are identified at the end of Subsection G "Landscape Standards " Street Standards shall be in accordance with the c Lighting. standards of BMC Title 11 with the following additions and /or revisions (i) Ornamental street lights shall be used per Section J8 i Street Section 1 ui Street Section 3 a Description Two -lane streets with on- street parking, sidewalks and trees on both sides Connects a Description A commercial street with two traffic lanes, on street parking, sidewalks and trees on both sides neighborhoods within Bay Vista b Standards b Standards (i) Total right -of -way 45 -58 feet (i) Total right -of -way 54 feet (ii) Travel lane (2) 8 -11 feet wide (ii) Travel lanes (2) 9 feet wide (iii) On- street parking (one & two sided) 7 feet wide (iii) On- street parking (both sides) 7 feet each side (a) On- street parking optional within village (iv) Sidewalks 5 feet wide commercial area (v) Planting strips (iv) Sidewalks 5 feet wide (a) Six feet wide (including half -foot curb) on one (v) Planting strips /swale side (a) Six feet wide (including half -foot curb) on each (b) Street trees shall be placed every 40 feet (or side equivalent) and shall be 2 5 -inch caliper (b) Street trees shall be placed every 40 feet (or minimum at time of planting Recommended equivalent) and shall be 2 5 -inch caliper species are identified at the end of Subsection minimum at time of planting Recommended G "Landscape Standards" species are identified at the end of Subsection G "Landscape Standards " ry Street Section 4 (c) Optional single swale on one side 11 feet wide a Description A two -lane street with on- street with 6 feet wide sidewalk on opposite side of parking, sidewalks and trees on one side street Option provided to allow flexibility in b Standards storm drainage and streetscape design (i) Total right -of -way 34 5 -36 5 feet c Lighting. (ii) Travel lanes (2) 8 -9 feet wide (i) Ornamental street lights shall be used per (iii) On- street parking (one side) Seven feet wide Section J8 (iv) Sidewalk 5 feet wide (v) Swale n Street Section 2 (a) Six feet wide (including half -foot curb) on one side a. Description Two -lane streets with on- street (b) Street trees shall be placed every 40 feet parking, sidewalks and trees on both sides Connects (or equivalent) and shall be 2 5 -inch neighborhoods within Bay Vista caliper minimum at time of planting Recommended species are identified at the BAY VISTA end of Subsection G "Landscape Standards" open space along streets that do not front on a v Street Section 5 public green space (iii) The driveway entrance should be a minimum of a Description A two -lane street with on- street parking, 55 feet perpendicular right -of -way line of the sidewalks on both sides and trees on one side cross street b Standards (iv) All driveway aprons shall be paved with concrete (i) Total right -of -way 46 5 feet (it) Travel lanes (2) 8 feet wide (ui) On- street parking (both sides) 7 feet wide (iv) Sidewalk. 5 feet wide (v) Swale ' (a) Six feet wide (including half -foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2 5 -inch caliper minimum at time of planting Recommended species are identified at the end of Subsection G "Landscape Standards" vi Green /Pedestrian Streets a Description Landscaped pedestrian paths that connect Bay Vista neighborhoods, parks and services b Standards (i) Minimum Width 8 feet (ii) Sidewalks Shall have a maximum width of 4 feet . (iii) Planting strips Shall have a minimum width of two feet (both sides) vii Alleys a Description Alleys provide access to for private automobile parking, either in garages or on grade, and for deliveries and services for specified types of units . b Standards (i) Total nght -of -way (garage face to garage face) 24 feet (ii) Travel lane 14 feet (iii) Planting strips (both sides) 3 feet c Alley entrances shall not be located along streets that • bound on a public green space d The alley entrance should be a minimum of 55 feet from an intersection measured from the perpendicular right -of -way line of the cross street e Driveway Entrances (i) Standards Private driveways shall only be allowed when there is no automobile access from an alley (ii) Where driveways are allowed, the entrances shall not be located on streets that border a public November 2012 D LOW IMPACT DEVELOPMENT E PARKING STANDARDS 1 INCLUSION OF LOW - IMPACT DEVELOPMENT Intent Assure that sufficient space is provided for the (LI D) parking, loading and unloading of motor vehicles Provide mim mum and maximum standards of space Buildout of the Bay Vista Sub -Area Plan shall and parking arrangements, and for the movement incorporate LID to the greatest feasible extent, while of motor vehicles into and out of such spaces also recognizing that site, topography, soils and other Encourage the creation of an aesthetically pleasing and conditions may lunit the inclusion of LID techniques functionally adequate system of off street parking and for stormwater The development team shall apply good loading facilities faith efforts, explore and seek to include LID measures In its review of preliminary plat engineering and Parking shall be provided in accordance with BMC design the City may impose conditions to reasonably 20 48 with the following exceptions and modifications accommodate LID while also recognizing site - specific limitations Inclusion of all LID shall fit within the land 1 GENERAL REQUIREMENTS use framework established in this Sub -Area Plan i Off- street parking spaces and driveways shall be used 2 DESIGN for the temporary storage of motor vehicles used by persons visiting or having business to conduct on the Design of LID techniques such as rain gardens, premises for which the parking is provided pervious pavements etc shall be in accord with the design criteria of the Washington State Department �� Parking space required and intended for use by occupants or users of specific premises shall not of Ecology's Low Impact Development Technical Guidance Manual for Puget Sound or the City of be leased or rented to others, nor shall such space Bremerton Public Works and Utilities Department be made unavailable through other means to the users for whom the parking spaces are intended 3 FLOW CREDITS This, however, does not preclude shared parking arrangements or other activities approved by the city LID techniques are intended to reduce the amount of stormwater runoff required to be handled with ni Except where specifically permitted in certain zoning treatment and conventional flow control facilities The designations, off - street parking spaces shall not be City of Bremerton shall grant Flow Credits for all LID used for loading or unloading of commercial vehicles techniques included in Bay Vista Flow Credits are larger than those vehicles for which the parking spaces reductions to the volume of stormwater runoff the City are intended requires to be handled with conventionally engineered ry Structured parking, not including private single- and facilities Flow Credits shall be determined per the two -car garages, shall not be allowed with the modeling methods described in Chapter 7 of the exception of the high density apartment parcels Washington State Department of Ecology's Low Impact Structured parking shall be located behind liner Development Technical Guidance Manual for Puget buildings of appropriate allowed uses as described Sound or the City of Bremerton Public Works and elsewhere in this document Utilities Department v Off -street parking space dimensions shall be as follows a Compact spaces shall be a mimmum of 7 5 feet wide, b Standard spaces shall be a minimum of 8 0 feet wide, c Standard spaces shall be a maximum of 10 0 feet wide, BAY VISTA d Compact spaces shall be a munmum of 15 feet in length Standard spaces shall be a mmunum of 18 0 feet in length, up to 2 0 feet may overhang curb or wheel stops e Exceptions to the above munmum dimensions shall be granted for handicapped accessible spaces Applicable state and federal codes and requirements for accessible parking spaces shall supersede any requirements herem w Parking and loading areas shall be graded for proper drainage and provided with a suitable surface, as approved by the city engineer vu All driveways and areas used for loading, parking and maneuvering motorized vehicles shall be paved Gravel surfaces are not allowed viii Each parking or loading space must be usable and readily accessible • ix Required parking and loading areas shall be provided with designated entrances and exits located so as to minimize traffic congestion and avoid undue interference with public use of streets, alleys and walkways x Parking and loading areas provided in accordance with the requirements of these standards shall not be used for the sale, repair, assembly or disassembly, storage or servicing of vehicles or equipment Unlicensed and inoperable vehicles shall not be stored in any required parking or loading space xi If existing parking lots are re- striped, the new layout of the parking spaces shall be the same as the previous layout, or if changed, the changed layout shall conform to the existing dimensional requirements of this chapter Table F -1 — Parking Requirements Automobile Spaces Bicycle Spaces Land Use Category Minimum Maximum Residential Single Family /Duplex 1 d u 2 d u N/A • Single Family ADU 1 d u 1 d u N/A Multi - Family 1 d u 2 d u N/A Apartment 1 d u 2 d u 1 10d u Business /Commercial Retail 3 1,000 g s f 5 1,000 g s f 15,000 g s f Offices 3 1,000 g s f 5 1,000 g s f 12,500 g s f Restaurant 4 1,000 g s f of seating 5 1,000 g s f of seating 1 500 g s f of seating area area area Medical /Dental 3 5 1,000 g s f 5 1,000 g s f 12,500 g s f Hotel /Inn 1 room 15 room N/A All Other Commercial 3 1,000 g s f 5 1,000 g s f 12,500 g s f Not Specified Educational 2.1,000 g.s.f 4.1,000 g.s.f. 11,000 g.s.f Community Facility 1 1,000 g s f 3 1,000 g s f 11,000 g s f November 2012 2 COMPACT CAR ALLOWANCE drive- through or drive -in uses may not be counted as i A maximum of 30 percent of the total required off - required off - street parking spaces street parking stalls may be permitted and designated a For each drive -up lane a minimum of three stacking for compact cars in Village Commercial spaces shall be provided u Each compact stall shall be designated as such in Stacking spaces serving businesses that are located adjacent to a less intensive zone than that in which the iii Dimensions of compact parking stalls shall conform to the standards as depicted in this chapter business is located, or are located adjacent to a public use area (such as a street, sidewalk, park, or trail) iv The maximum compact car allowance may be shall be landscaped to provide a buffer between the exceeded if an applicant submits a vehicle composition stacking spaces and the adjacent zone or public use study, relevant to the type of development, which demonstrates that a greater number of compact 6 STRUCTURED PARKING vehicles should be accommodated i Structured parking shall be located behind the block perimeter buildings Structured parking may also be 3 BICYCLE PARKING located below buildings i The required minimum number of bicycle parking u Structured parking shall be screened, except at the spaces for each use category is shown on Table F-i actual vehicular entry points and shall be screened Bicycle parking spaces are meant to accommodate residents, employees, visitors, customers, messengers, ui Vehicular and service entries to garages shall be and other persons designed to look like a part of the budding n Bicycle parking shall be located on site within 50 iv Parking garages Parking garages with flat roofs may feet of well -used entrances and not farther from the not exceed the height of the shortest budding on the entrance than the closest motor vehicle parking space block when a flat roof is present on any budding on Bicycle parking may be located within city right -of -way the block, and parking garages with pitched roofs may in areas without building setbacks, subject to approval not exceed the height of the shortest budding on the of the director and provided it meets the other bicycle block by more than one story parking requirements 7 ON- STREET PARKING 4 OTHER REQUIRED PARKING SPACES i On- street parking shall count as visitor parking Each I Motorcycle Parking Requirements Motorcycle spaces 24 feet of curb length, excluding 5 feet on either side shall be required in non - residential areas only at a rate of a curb cut, shall count as one visitor parking space of 1 per 100 automobile spaces with a minimum of 1 motorcycle space provided 5 DRIVE - THROUGH STACKING REQUIREMENTS i A stacking space shall be an area measuring 8 feet by 20 feet with direct forward access to a service window of a drive- through facility A stacking space shall be located to prevent any vehicles from extending onto the public right -of -way, or interfering with any pedestrian circulation, traffic maneuvering, or other required parking areas Stacking space for BAY VISTA F LANDSCAPE S TAN DARD S d Public Ways A network of approximately 30,000 linear feet of sidewalks and paths should be allocated Intent In addition to the significant parks and open which will create a pleasant and convenient pedestrian space included in the Sub -Area Plan, the Bay Vista site environment will include significant landscaping with retained and new trees and vegetation Landscaping will be focused 3 LOCATION AND DESIGN OF PARKS & OPEN along streets to enhance the pedestrian environment, SPACE along the site's boundaries with arterials to provide The general locations of open space are shown on figure 0 screening, and adjacent to the commercial area to 4, Land Use Plan The design concept and development provide land use transitions In some areas, such as the standards for on -site parks are described below Bay Vista Village and Sinclair Square, hardscape and green features will be mixed I The Bay Vista Preserve will be a large, multi-faceted green space located in the center of the site It 1 GENERAL DEVELOPMENT STANDARDS will be focused primarily on the preservation and enhancement of the existing native area with passive i Landscaping shall be provided in accordance with BMC recreation throughout and an area of active recreation 20 50 with the following additions and /revisions at the south It should contain the following it Landscaping shall be constructed using the standards a. Wing paths described below b Recreation and community space . 2 PARKS AND OPEN SPACE c Defined by the large existing stand of trees and homes General Requirements The following types and at its perimeter amounts of parks and open space will be provided in d. The north area of the park will be dedicated to the Bay Vista preservation of native species, the central area will be a transition and planted with native plant species that I Active Open Space draws the northwest character south The south area a Approximately 3 -5 acres of land should be allocated for will be the most active with open lawn accented by active open space native plant species It Passive Open Space a Both existing and new native landscape Existing areas shall be enhanced through the addition of native a Approximately 10 -11 acres of land should be allocated species and the removal of invasive species The new for passive open space, with a natural/preservation area areas shall be an opportunity to extend the native area as the central element A proposed park is leveraged and provide an area of successional planting on these features and will create a sense of arrival from two edges of the development as well as a view corridor it Periwinkle Park is located on the eastern edge of Bay of the greater Bremerton area Vista, at Oyster Bay Road, and will serve as a multi - generational, multi -use park It is intended to be an b Tree Preservation Open Space expression of the northwest through its layout and c Approximately 3 acres of land should be allocated for plant material tree preservation, which will protect a large expanse of second growth trees and a steep slope This large 4 TREE AND VEGETATION PRESERVATION forested area will provide an anchor to the natural REQUIREMENTS environment, a regionally sensitive context for the neighborhood, and a signature identity for the I Provide a tree survey conducted by an ISA certified community arborist at the time of site plan permit application to November 2012 Figure 6-3 — landscape Plan 4 FIM ti • Wo SCREENING /BUFFER 46 13 • EXISTING LANDSCAPE TO BE RETAINED & SUPPLEMENTED ■ BIOSWALE O EXISTING BUILDING ® OPEN SPACE BAY VISTA Figure 0-1 — Thoroughfare Map J FM I it \ Y6rA `\ II TIf PRF$AYF PERNAMPARK I r� 61YVI4 BLva • SWOWDUMM' \ I LEGEND \ • 9)r� SECTION 1(2 -Sided Parking) ?71�J SECTION 1(1 - Sided Parking) SECTION 2 (1 -Sided Parking) DDD SECTION 3 (2 -Sided Parking) SECTION 4 (1 -Sided Parking) November 2012 identify and designate all trees and vegetated areas interaction in the public realm, located within lots and yards that can reasonably be o Minimize visibility of utilities and other unsightly retained necessities, u Provide adequate protection for retained vegetation ui Planting on slopes in open space and commercial ui Any tree proposed or required to be retained and areas which is subsequently lost or destroyed must be a On slopes between 41 to 21 mass plantings of trees replaced with at least three six -foot trees or one 18- and shrubs are suggested foot tree or one 12 -foot tree plus one six -foot tree of the same species, located as directed by the architect b Slopes over 21 require erosion control measure such as lute matting with ornamental grasses or groundcovers iv Topping or trimming trees in a manner that alters the natural symmetry of a tree is not allowed unless v Neighborhood parks, squares or plazas should be necessary for safety reasons as certified by an arbonst designed and landscaped to reinforce the civic nature of these spaces, provide the appropriately scaled 5 PARKING LOT DESIGN & LANDSCAPING amenities and reflect the anticipated function and type, and intensity of use Parking lots shall meet the Parking Lot Design and Landscaping requirements of BMC 20 48 and 20 50> ix Plant Selection with the following changes a Planting Materials A general planting list is included at the end of this section i Surface parking lots shall be located behind buildings wherever feasible (1) Other plant materials may be considered • that have these characteristics and similar u Screening with evergreen plantings shall be provided maintenance requirements, for parking lots in the following locations b Plants on Sloping Areas a Any parking lots visible from Krtsap Way, SR 3, or from internal streets, (1) Plants on slopes shall be selected for then ability to develop deep roots and thereby knit the soil b Parking lots abutting residential/mixed -use uses or into a cohesive mass zones, (ii) Plants shall consist of native and adaptive species that can withstand drought in summer as well as c Landscape requirements are one plant unit per twenty continually wet soil in winter spaces, with a minimum of one island for every ten spaces 7 IRRIGATION ry Where a tree planting island occurs the entire length i All irrigation systems, with the exception of residential of a bay, there shall be a minimum of one tree planting systems, shall be designed by a qualified irrigation island every fifteen spaces and a large shade tree designer every fifteen spaces in a tree planting island, v Where a tree planting island occurs, the entire length 0 of a bay, the entire length shall be planted with large shade trees every forty five feet LLJ 6 ADDITIONAL LANDSCAPING REQUIREMENTS APPLICABLE TO ALL DEVELOPMENT SHALL INCLUDE THE FOLLOWING i Maximize privacy between residences and their private outdoor spaces while encouraging community BAY VISTA SUGGESTED PLANT LIST CONIFERS *Indicates native species Abies grandis — Grand Fir' Abies koreana — Korean Fir DECIDUOUS TREES Calocedrus decurrens — Incense Cedar Chamaecypars nootkatensis 'Pacific Arrow' — Small Alaska Cedar Acer arcinatum — Vine Maple* Jumperus scopulorum (var) — Juniper Acer Japomcum — Full Moon Maple Picea omornka — Serbian Spruce 0 Acer grseum — Paperbark Maple Pmus montuola — Western White Pine' Acer palmatum — Japanese Maple Pseudotsuga menziesu — Douglas fir' Amerlanchier alnifolia — Serviceberry * Taxus baccata — Yew Amelanchier var — Serviceberry varieties Thuja piicata 'Excelsa' —Western Red Cornus— 'Eddie's White Wonder Dogwood' Tsuga heteropylla — Western Hemlock' Cornus kousa — Kousa Dogwood LLI Cornus mas — Cornelian Cherry SHRUBS Cornus nuttalhi — Pacific Dogwood * Smaller shrubs and Ground Cover Corylus cornuta — Western Hazelnut * Arctostaphylos columbiana — Hairy Manzanita Magnolia kobus — Kobus Magnolia Arctostaphylos uva -ursi — Kmmkinnick varieties' Malus fusca — Western Crabapple * Berbers (var) — Dwarf Barberry varieties Malus sp — Crabapple (some) Camassia quamash — Common Camas * • Oxydendrum arboreum — Sourwood Fothergilla sp Prunus cerasifera var — Purple Leaf Plum vareties Fragaria chdoensis — Sand Strawberry * Prunus virginiana 'Canada Red' — Gaultheria shallon — Salal * Canada Red Choke Cherry Ilex crenata 'Heller'— Heller Holly Stewartia Ilex crenata 'Green Island' —Green Island Holly Styrax Japomcus — Japanese Snowbell Linnaea borealis —Twin Flower Lupinus arcticus — Arctic Lupine Medium Lupinus polyphyllus — Large- Leaved Lupine Mahonia aquifolwm'Compacta'- Compact Oregongrape Acer rufinerve — Redvein Maple Mahonia nervosa — Long Leaf Mahonia Acer truncatum x platanoides "Warrenred" — Oxalis oregano — Redwood Sorrel * • Pacific Sunset Maple Polystichum mumtum — Western Sword Fern Acer truncatum x platanoides" Keithsform" — Norwegian Potenblla (var) — Potenttlla varieties Sunset Maple Prunus laurocerasus'Otto Luyken' — Malus sp —Some Crabapples Otto Luyken Laurel Parrotia persica — Persian Parrotia Rosa nutkana — Nootka Rose Pyrus calleryana var — Flowering Pear Varieties Rosa pisocarpa — Cluster Rose • Prunus sp — Flowering Cherry Spirea douglasn — Hardhack * Prunus s 'Shirotae' — Shirotae Cherry Spirea (var) — Spirea 'Mt Vernon' Symphoncarpos albus — Common Snowberry Columnar Narrow Trillium ovatum — Western Trillium Carpinus betulus pyramidalis — Pyramidal Hornbeam Vaccirnum ovalifolwm — Evergreen Huckleberry Fagus sylvatua'Cockleshell' — European Beech Vaccmwm membranaceum — Black Huckleberry Gingko bdoba'Princeton Sentry' — Maidenhair Tree Vaccimum parvifolwm — Red Huckleberry ' Parrotia persica'Vanessa' Viburnum dawdu — David Viburnum Prunus sargenti columnars — Columnar Sargent Cherry Viburnum (var) — Viburnum varieties Pyrus calleryana 'Glen's Form' — Chanticleer Pear Medium /Large 38 � November 2012 Abelia x grandiflora — Glossy Abeiia Viburnum vars —Viburnum varieties Arbutus unedo (compacta) — Strawberry Tree Berbers (var) — Barberry varieties GROUNDCOVER Ceanothus velutinus — Tobacco Brush Arctostaphylos uva -ursi — Kinrnkmrnck varieties Cornus sencea — Red Osier Dogwood Ceanothus —Wild Lilac Enkianthus Cotoneaster vars — Cotoneaster varieties Euonymus (var) — Winged Euonymus varieties Evergreen flowering vines Holodiscus discolor — Oceanspray * Fragara vars — Strawberry varieties Hydrangea querufolia — Oakleaf Hydrangea Ivy (non - climbing varieties) Hydrangea paniculata — Peegee Hydrangea Jumperus (var) — Juniper varieties Ilex crenata "Convexa" — Convexleaf Holly Lawn Grass (Puget Sound Turf Grass varieties — Lonicera involucrata — Black Twinberry * sod or seed Mahonia aquifolwm —Tall Oregongrape * Mahonia nervosa — Longleaf Mahonia Myrca califormca — Pacific Wax Myrtle * Mahonia repens — Creeping Mahonia Oemlera cerasiformis — Indian Plum * Ornamental grasses Osmanthus delavayu — Osmanthus Thymus—Thyme Osmanthus heterophyllus — Hollyleaf Osmanthus Vinca minor — Periwinkle Osmarea burkwoodi — Burkwood Osmarea Phdadelphus lewisu — Mock Orange * ACCENT PLANTING Physocarpus capitus — Pacific Nmebark Annuals Prunus lusitanica — Portugese Laurel Bulbs Ribes sangwneum — Flowering Red Currant * Ornamental grasses 0 Rhododendron macrophylum or R albiflorum — Western Perennials Rhododendron Rhododendron (var) — Rhododendron LLJ Rubus parviflorus — Thimbleberry Rubus spectabdis — Salmonberry Symphocarpus alba — Snowberry Taxus baccata — Irish yew Viburnum vars — Viburnum varieties HEDGES Buxus microphylla 'Winter Gem'— 0 Winter Gem Boxwood Buxus sempervirens - Common Boxwood Buxus suffruticosa — True Dwarf Boxwood Ilex crenata 'Heller' — Hellen Holly Ilex crenata 'Green Island' —Green Island Holly Ilex crenata 'Convexa' — Convexleaf Holly Laurel 0 Ligustrum Japomcum — Japanese Privet Mahonia aquifolwm — Oregongrape Osmanthus heterophyllus — Hollyleaf Osmanthus Prunus laurocerasus'Otto Luyken' Otto Luyken Prunus lusitamca — Portugese Laurel Taxus sp —Yew species Taxus cuspidata (var) — Yew varieties Thuja occidentalis vars — Arborvitae varieties Thuja ocadentalis'Smaragd' — Emerald Green BAY VISTA Figure D -2 Z O �. S ec d on / 11 IPA it 4—A qxw `�`� �``f t. !tt"e *:fit`''. "•: T� I ��'Q�A/ .R l;. L O r z ■ �� ■ i ■. tl 1 � L—JJAA 11 ■ LJ ram. N v J Z Figure D-2 Street Sections O Secti Section 2 uaAv ZI El J _ z 0 .J ■' E �i ■ _z B VISTA Figure 0-2 Street Sections Section 4 Section 5 S a y ups W «rm, on uI rnnn t r.> a i+ November 2012 Figure 0•2 Street Sections TYPkW May L way axr .e' 'Te • 1 x 0 BAY VISTA G. UTILITY EQUIPMENT & H WALLS, HEDGES AND FENCES STORAGE 1 Fence height may not exceed six (6) feet 1 Utilities shall be installed underground to the greatest 2 Front yard fences may not exceed four (4) feet in extent feasible Utilities installed above ground shall height and shall bean 'open' style These must beset be screened from view whenever possible back at least one (1) foot from the back edge of the 2 Trash storage areas shall be screened from view, animal sidewalk proof, and easily accessible to service personnel All 3 The maximum combined height for front yard walls trash enclosures shall be screened with fences is four feet, as measured on the downhill 3 Roof and ground- mounted equipment, including HVAC side units, shall be screened from view from any public 4 Walls or fences on slopes over 15% and visible from street or open space Satellite dishes and antennas the public areas, shall step with the slope in sections shall be the smallest possible to receive the signal, at a rate of 1 step per each 12 inches of change in shall be placed in the least conspicuous location, and elevation of the adjacent ground, measured parallel to screened and painted to match the colors of the the fence adjacent building as closely as possible 5 Fences defining the front edge of courtyards or semi - public open spaces associated with cottage court developments and courtyard buildings shall • be as specified for other front yard fences above Articulation of the entry from the street to such open spaces with decorative gates, trellises and /or arbors is encouraged 6 Side yard fences attached to the face of the house shall be set back between two feet and five feet from the front face of the house 7 Side yards setbacks near public areas shall be at least 50% open Adjacent to any public walkway or other open space shall not be fenced for more than 50% of 0 the length of the building's facade 0 November 2012 I EXTERIOR LIGHTING J SIGN STANDARDS 1 Subtle, low -level lighting of front porches and front Intent These cntena and standards have been yard landscape areas is encouraged Light pollution established for the purpose of ensuring that all signage shall be minimized by selection of proper fixtures at Bay Vista is designed and constructed in a manner 2 Lighting shall not spill over beyond property lines or Which consistently promotes the followmg cast glare to surrounding properties Visual harmony between signage and Bay Vista 3 Pole mounted lighting is not permitted inside the architecture including adjacent materials and • property lines of any detached or attached residential colors structures Pole mounted pedestrian lighting should be Elegant, yet clear and distinctive identity for each used in the right -of -way tenant 4 Lighting in garage and utility areas shall not impact Visual enhancement of the pedestrian experience neighboring properties or common areas Motion Diversity and individuality for each tenant's sensitive wall mounted exterior lights are required on all signage while maintaining a consistent size and garage facades bang alleys quantity through out Bay Vista 5 Exterior light fixtures should match the architectural • The use of creativity and high quality materials style of the building Thoughtful and creative lighting of signage 6 Lighting for commercial uses shall be appropriately shielded so as to not impact adjacent residential areas 1 GENERAL GUIDELINES or residential units in mixed -use buildings 1 Description All signs and graphics shall be 7 All street lights should be comprised of ornamental professionally designed The lettering and spacing of poles and fixtures conforming to the City's "Standards letters shall be well proportioned to assure legibility for Work in the ROW ", Cobra heads and shoe box as well as a pleasing appearance Shop drawings for � style lighting is prohibited Preferred lights are 12 -14 feet tall 20 foot tall poles may be utilized at major each sign, including colors, dimensions, specifications intersections and proposed construction materials will be required criteria for approval of signage by the Architectural 8 Parking lot lighting shall conform to the standards in Review Committee Tenant must have written approval the Village Commercial zone by the Architectural Review Committee prior to 9 Porch lights may be compact- fluorescent or application for the required city sign permits • incandescent ii Material Preferences Tenant sign design and construction should match the materials used on the exterior of the budding iii Lighting Signs may be internally or externally illuminated Halo or other indirect lighting is encouraged Exposed neon or bulbs are not allowed Indirect lighting must be baffled or shielded to reduce blare in the eyes of pedestrians iv Standards Sign standards shall be in accordance with BMC 20 52, with the exceptions and modifications contained in these sign standards Traffic control signs shall conform to the "Manual of Uniform Traffic Control Devices" BAY VISTA 2 SIGNS AND SIGN COMPONENTS NOT removal to allow Tenant /Budding Owner time to cure PERMITTED problem and comply i The following signs and sign components are not 4 BAY VISTA SIGN CATEGORIES DEFINED permitted a. Moving, flashmg, rotating, noise makmg or odor Signs or signage requested by a retail tenant or producmg signs Electromc message displays are not budding owner within Bay Vista shall fall into one of permitted the categories listed below In order to determine b "Human A- boards" the applicable category, read the definitions and standards in these regulations (by type and category) c Signs taped or glued to mtenor window Architectural Review Committee will make final • d. The name, stamps or decals of the sign manufacturer determination in the event of any still un- definable cannot be displayed on any portion of the sign categories Underwriters Laboratories labels shall be applied in an ii Single Occupant Retail Signage Category Single inconspicuous manner Occupant Retail Signage Category defined as signage e Non - ornamental hardware or electrical components needed by a retail tenant who occupies a building on may not be exposed to view a legal lot specific to that budding, with no more than f Back -ht awnings, mcludmg those with signage, are not one retail establishment utilizing said budding permitted ui In -line Retail Signage Category In -line Retail Signage Category, defined as signage needed by retail tenants 3 SIGNAGE SUBMITTAL AND APPROVAL who occupy a space within the Village which is PROCESS physically adjacent to, or sharing demising walls with, i Prior to construction of any sign or application for city neighboring tenants sign permits, the building owner, tenant or tenant's iv Residential Signage Category Residential Signage sign contractor must obtain the Architectural Review Category defined as signage needed by residential Committee's written approval of the proposed sign neighborhood, buildings, or group of buildings design The process shall be as follows including multiple residences (for rent or sale) which a. Tenant to submit completed sign apphcation along with were built in a coherent manner by a single entity on required drawings to Arclutectural Review Committee one or more lots • b Architectural Review Committee to review designs v Bay Vista Village identification & Directional Signage and either approve, approve with corrections, or deny Category Bay Vista Village Identification & Directional application withm 10 days of receipt by Arclutectural Signage Category defined as Bay Vista Village- specific Review Committee signage that is intended to identify the overall Bay c If apphcation demed, tenant to review reasons for Vista Village development or facilitate the orientation denial and then change their application and re- submit of pedestrian or automobile traffic throughout the Bay 0 a new apphcation to Architectural Review Committee Vista Village to specific tenants or buildings d Once approval is granted by Arclutectural Review 5 SINGLE OCCUPANT RETAIL SIGNAGE Committee, tenant may then submit a sign apphcation to the City of Bremerton CATEGORY SIGNAGE RULES n Failure to comply with the above process may result i Freestanding Signs Allowed for parcels that abut in the removal of signage by Architectural Review Hwy 3 per 20 52100 Not permitted for all other Committee at Tenant's sole expense, provided parcels Parking lot directional signage allowed and Architectural Review Committee will issue notice to must be solely intended to direct parking lot traffic Tenant /Budding Owner of the failure to comply at and may not exceed six square feet, and may not least 30 days prior to Architectural Review Committee have any business identification or emblems In some November 2012 cases, at Architectural Review Committee's discretion, (viii) Blade sign material shall be a high quality Single Occupant Retail tenants may be eligible for material such as wood, metal or glass identification on certain type "B" and type "C" Bay Architectural Review Committee will be the sole fudge as to the acceptability of materials and Vista Village monument signs designs a. Budding Signs (ix) Illumination Lighting of the Tenant's blade sign is allowed The Architectural Review (i) Internally or externally illuminated budding Committee shall approve the lighting design encou signage allowed Halo -lit metal signs are before installation of such lighting Electricity encouraged for spotlighting must come from Tenant's space (u) One building sign allowed per building elevation and the lighting must be installed by a licensed • visible from street or right of way (public or electrical contractor External lighting must be private) and parking lot baffled or shielded to reduce glare in the eyes of (iii) Cumulative allowed sign areas for each Single pedestrians Occupant Retail Bwilding within Bay Vista c Window Lettering Wmdow lettering must meet the Village shall not exceed 10% of the wall plane area the sign is mounted to Note square footage following criteria shall be measured by boxing individual letters (i) All lettering is to be professionally painted and symbols, maximum 100 square feet or applied vinyl directly on the inside of the storefront glass door b Blade Signs Blade signs are to be designed and (u) The logo and name of the store may be constructed using the following criteria As with all represented by letters up to a maximum height of signs, blade signs must be approved by Arclutectural 6 inches Review Committee prior to submitting an application (iii) Store hours on the entry door are encouraged to the city (iv) If Tenant has a non - customer door for receiving C) merchandise, the Tenant's name and address, (i) Size Blade signs are to be a maximum of 24 number only, may be applied on the door The inches high x 36 inches wide in size and a letter height is to be 2 inches high, Helvetica minimum of 1 inch thick with a maximum of Light font made of white vinyl applied at 5 -feet, 2 inches in thickness for the background panel 6- inches above bottom edge of door Where more Raised graphics may be a maximum of 5 inch than one tenant uses the same door, each name thick for an overall maximum thickness of three and address shall be applied inches (u) Quantity Tenants with one street frontage are 6 IN -LINE RETAIL SIGNAGE CATEGORY allowed one blade sign Tenants located on a SIGNAGE RULES corner are allowed one blade sign per street frontage (public or private) i Freestanding Signs Not permitted • (iii) Custom shapes other than a rectangle or square are encouraged a Building Signs (iv) Lettering and graphics should be raised/ a Internally or externally illuminated building signage dimensional Flat vinyl graphics are heavily allowed Halo -ht metal signs are encouraged discouraged (v) Blade signs are to be installed on custom metal b One building sign allowed per Tenant visible from brackets /hangers In an attempt to promote street or right of way (public or private) and parking lot C) individuality for each tenant, there will be no c When calculating allowed area of building signage for common bracket for blade signs Tenants are encouraged to be creative in their design and m -tine retailers the following criteria apply fabrication of this element (i) Width of sign may be no more than two thirds (vi) The minimum clearance for blade signs is 8 feet the width of the elevation to the Tenant space to from grade to bottom of sign which sign will be attached (vii) Placement of blade sign in most cases should be (u) The maximum letter height shall be 18 inches, directly over the primary entrance to the Tenant and logos or emblems may be no larger than 30 space or centered along tenant frontage, if two or inches in height If two lines of copy are used, the more tenants share an entrance combined height of both rows may be no larger BAY VISTA than 28 inches i Illumination Lighting of the Tenant's blade sign is (iii) Cumulative allowed sign areas for each in -line allowed The Architectural Review Committee shall retail tenant within Bay Vista Village are as approve the lighting design before installation of such follows 8% of wall plane the sign is mounted lighting Electricity for spotlighting must come from to, not to exceed 50 square feet Note Square Tenant's space and the lighting must be installed by a footage measured by boxing individual letters licensed electrical contractor External lighting must and symbols be baled or shielded to reduce glaze in the eyes of in Blade Signs Blade signs will be required for Bay Vista pedestrians Village In -line Retail tenants Blade signs are to be iv Window Lettering designed and constructed using the following criteria a All lettering is to be professionally painted or applied As with all signs, blade signs must be approved by vinyl directly on the inside of the storefront glass door Architectural Review Committee prior to submitting an Gold or silver leaf is encouraged application to the city b The logo and name of the store may be represented by a Size Blade signs are to be a maximum of 24 inches letters up to a maximum height of 3 inches high x 42 inches wide in size and a mimmum of 1 inch thick with a maximum of 2 inches in thickness for the c Store hours on the entry door are encouraged The background panel Raised graphics may be a maximum store hours lettering may not exceed 9 inches high x 12 of 5 inch thick for an overall maximum thickness of 3 inches wide inches d If Tenant has a non - customer door for receiving b Quantity Tenants with one street or plaza frontage are merchandise, the Tenant's name and address, number f] allowed one blade sign Tenants located on a corner only, may be applied on the door The letter height is are allowed one blade sign per street or plaza frontage to be 2 inches high, Helvetica Light font made of white (public or private) vinyl applied at 5 feet, 6 inches above bottom edge of door Where more than one tenant uses the same door, c Custom shapes other than rectangle or square are each name and address shall be applied encouraged d Lettering and graphics should be raised /dimensional 7 RESIDENTIAL SIGNAGE CATEGORY SIGNAGE Flat vinyl graphics are discouraged RULES e Blade signs are to be installed on custom metal i Freestanding Signs One freestanding neighborhood brackets /hangers In an attempt to promote identification sign is permitted at each entrance to individuality for each tenant, there will be no common a residential neighborhood or as allowed by BMC bracket for blade signs Tenants are encouraged to be 20 52 Halo or indirect illumination is allowed Parking creative in their design and fabrication of this element lot directional signage allowed and must be solely f The minimum clearance for blade signs is 8 feet from intended to direct parking lot traffic grade to bottom of sign ii Building Signs The following rules for residential g Placement of blade sign in most cases shall be directly building signs apply (Note Square footage shall be over the primary entrance to the Tenant space or measured by boxing individual letters and symbols centered along tenant frontage if two or more tenants share an entrance a. Building signs may be substituted for freestanding signs h Blade sign material shall be a high quality material b Halo or indirect illumination is allowed such as wood, metal or glass Architectural Review iii Size Committee will be sole)udge as to the acceptability of materials and designs. a. Standard allowance to be 20 square feet per sign November 2012 b 30 square feet per sign to be allowed if the following v Window Lettering materials are used brass, copper, chrome, brushed or a All lettering is to be professionally punted or applied polished aluminum, stainless steel, etched glass, stone, vinyl directly on the inside of the storefront glass door gold or silver leaf, porcelain and hardwoods Gold or silver leaf is encouraged iv Blade Signs Blade signs are allowed at residential b The logo and name of the store may be represented by amenity space entryways or leasing and sales offices letters up to a maximum height of 3 inches Blade signs are to be designed and constructed using the following criteria As with all signs, blade signs c Store hours on the entry door are encouraged The must be approved by Architectural Review Committee store hours lettering may not exceed 9 inches high x 12 0 prior to construction inches wide a Size Blade signs may be a maximum of 24 inches d If Tenant has a non - customer door for receiving high x 36 inches wide in size and a minimum of 1 inch merchandise, the Tenant's name and address, number thick with a maximum of 2 inches in thickness for the only, may be applied on the door The letter height is to be 2" high, Helvetica Light font made of white vinyl background panel Raised graphics may be a maximum applied at 5 feet, 6 inches above bottom edge of door of 5 inch thick for an overall maximum thickness of 3 inches Where more than one tenant uses the same door, each name and address shall be applied b Quantity Tenants with one street frontage are allowed one blade sign Tenants located on a corner are allowed g BAY VISTA VILLAGE IDENTIFICATION AND one blade sign per street frontage (public or private) DIRECTIONAL SIGNAGE c Custom shapes other than rectangle or square are i primary Bay Vista Village Identification Monument encouraged Signs Bay Vista Village may have up to three primary d Lettering and graphics should be raised/dimensional identification freestanding monument signs (entrance Flat vinyl graphics are heavily discouraged and portal) and may share one primary identification e Blade signs are to be installed on custom metal freestanding monument sign (portal) with the brackets /hangers In an attempt to promote residential community Maximum size shall be 100 individuality for each tenant, there shall be no common square feet bracket for blade signs Tenants are encouraged to be creative in their design and fabrication of this element ii Secondary Identification Monument Signs Bay Vista Village may have up to four Secondary Identification f The minimum clearance for blade signs is 8 feet from Monument Signs, one per building Maximum size grade to bottom of sign shall be forty square feet g Placement of blade sign in most cases shall be directly iii Directional Tenant /Building Owner Signs Bay Vista over the primary entrance to the Tenant space or Village may have freestanding and /or wall directional centered along tenant frontage if two or more tenants signs as needed to help pedestrian and automobile share an entrance traffic locate various retail tenants and building h Blade sign material shall be a high quality material owners within the Village The style of these signs is to such as wood, metal or glass Architectural Review be consistent with primary and secondary monument • Committee will be sole fudge as to the acceptability signs Maximum size shall be six square feet of materials and designs i Illumination Lighting of the Tenant's blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant's space and the lighting must be installed by a licensed electrical contractor External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians BAY VISTA K. GLOSSARY GARDEN WALL — A wall that separates a courtyard, front yard, or service area from the street in order to Definition of terms shall be in accordance with the screen private activities from the public realm Garden definitions of the BMC with the following additions Walls are independent walls over four (4) feet high and /or revisions LEAD WALK — Pavement that is intended for pedestrian ARCADE — A colonnade with arched openings travel to and from a budding entryway, courtyard and the sidewalk. BLADE SIGNAGE — A vertically oriented sign hung from, 0 and perpendicular to, a facade so that it may be read by LIVE -WORK — A hve -work budding/unit is one in pedestrians on the sidewalk. which the bottom floor is designed for commercial uses and the space above is designed for, and occupied BLOCK — A unit of land bounded by streets on all sides by, residential uses It is also designed such that the BUILDING HEIGHT —The distance from the average attached residential unit could have direct access to the commercial space if the residential occupant were finish grade at the facade to the highest point of a flat roof, or midpoint of the slope on a pitched roof also the commercial tenant or commercial business owner, but can be secured (prohibiting access from the CHEEKWALL —The side wall of a flight of stairs or steps above residential unit to the commercial space below) if resident is not the commercial tenant or commercial COLONNADE — A covered passage way supported by business owner column, and lintels open to the street with rectangular openings LOGGIA — Similar to a porch, a loggia is a covered exterior space, but one that is set inside or recessed COURTYARD — A courtyard is a space defined by a into a facade (as opposed to a porch which protrudes single building or multiple buildings on at least two or extends beyond the facade of a building sides, and a fence or building or other well- defined edge on all other sides MIXED -USE BUILDING — A building with two or more uses having a different use on the ground floor (e g, DOOR -YARD — The area between the setback and the retail on the ground floor and residential above) public sidewalk. Planting, porches, lead walks, stoops and fence occurs within this area OPEN SPACE — An area that is intended to provide light, air, and /or views or general appearance of openness, FOOTPRINT — The footprint is an outline showing the and is designed for scenic, recreational, private, or extent to which a home, building, or other architectural environmental purposes element covers the lot on the ground level PAIRED FACADES — Two facades next to each other, FRONTAGE OCCUPANCY —The minimum amount of sitting in front of an open space composed with the primary facade that must be built along a setback. same or a complimentary architectural design and FURNISHING ZONE — A continuous zone extending character . the entire length of commercial and mixed -use streets RESIDENTIAL MIXED-USE BUILDING — A mixed -use parallel to the street and delineated from the back of building that requires residential use on the second curb, having a consistent width that is identified for and higher floors the placement of permanent elements such as street trees, tree pits, tree grates, street lights, trash cans and PORCH — A porch is a covered, platform raised above benches Moveable tables and chairs are not prohibited the surrounding ground providing a transition from from this zone the public to private realms and entry into usually a single dwelling unit but, on occasion, multiple dwelling units io November 2012 PRIMARY FACADE — All elevations (Front and Side) that are parallel to, or are clearly visible from a street SCREENING — A natural or constructed barrier consisting of any landscaping, fencing, or other barrier intended to block a view SECONDARY FAf ADE — All elevations that are not defined as a primary facade 0 SET PIECE FACADE — A primary facade in a prominent location that should be designed as a focal element with a greater amount of detail than the surrounding buildings STOOP — A raised, covered or non - covered, projecting stairway that connects a building's porch or entryway to the ground usually at the front yard a building STREET FRONTAGE — The building or house facade running parallel to a public street or private street STREET WALL & FENCE — The street wall, or street face, is the visual three - dimensional wall that is formed by, 0 and composed of, the primary facades located along the build -to line THRESHOLD — A passageway enclosed by buildings on both sides and above by building or other architectural elements, that one moves through to enter a space or street TOWER ELEMENTS —An integrated, architectural element that extends above the roof line that may be used for signage /advertisement per approval of the Bay Vista Architectural Review Committee 0 IN VISITABLE DWELLING UNIT & VISITABLE ENTRIES — A visitable dwelling unit includes at least one zero -step entry, located at either the front or back of a unit, with a minimum Moot wide entry door and includes, among other things, 3 -foot passage doors throughout 0 the ground floor of the entire unit A visitable entry is a zero -step entry to a dwelling unit r 1 BAY VISTA L DESIGN INTENT review all building and related applications before they are submitted to the City to ensure compliance The intent of the Bremerton Housing Authority's with these standards (details are available through the Master Plan for the Bay Vista site is to have the Architectural Review Committee) community follow the principles of traditional neighborhood design Early in the last century, communities were much more pedestrian- fnendly and socially connected In a traditional neighborhood, one will see residential and commercial uses mixed, or in close proximity to each other Newer communities, however, have segregated these uses, requiring residents to use their automobiles to do anything outside of their homes The goal at Bay Vista is to encourage resident interaction by making the streets and buildings as pedestnan- oriented as possible, and to provide mixed uses that allow residents to walk down the street to purchase some basic needs, rather than leaving the community and driving to a retail destination for every need The look and feel of the community should enhance the pedestrian experience, and the design concept of a varied and interesting village that has evolved and built up over time is a design objective Large buildings should be designed such that their facades have the . appearance of several smaller buildings, using varied colors and materials and modulation, to reduce their apparent scale Houses and individual townhouse units should be designed to appear as unique buildings grouped together, rather than repetitions of the same fagade Commercial and retail buildings should enhance the window shopping experience, and create a sense of liveliness and quality through the use of varying materials, colors, signage and awnings Commercial streets should contribute to this effect with enhanced paving materials and the use of street • trees, street furnishings and pedestrian- scaled lighting Commercial and mixed -use buildings should have a timeless character, and a northwestern look and feel This section will work in tandem with Section IV Zoning and Development Standards The Design Standards are not City regulations, but will be adopted as Covenants, Conditions, & restrictions (CC &R's) applicable to all property within Bay Vista The Bay Vista Architectural Review Committee (ARC) will be responsible for their enforcement The ARC will November 2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ■• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� SUBJECT: Amendment to Interlocal Study Session Date 12 -12 -12 Agreement Regarding Emergency COUNCIL MEETING Date 12 -19 -12 Communications and Other Services Department Fire & Police Presenter Chiefs Duke Phone 473 -5380 SUMMARY: The CenCom Policy Board proposes to amend the Interlocal Agreement to the following areas the funding formula, changes to the agreement can only be made with 60 sixty days notice, not 30 thirty and to terminate the agreement, the entity would have to give a 180 -day written notice, the agreement now is for 90-day period The Mayor, Councdmembers Arends and Wheeler are the members from the City of Bremerton that sit on the thirteen member board ATTACHMENTS: Amendment to Interlocal Agreement Regarding Emergency Communications and Other Services FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Discussion ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Amendment to Interlocal Agreement Regarding Emergency Communications and Other Services and authorize the Mayor to finalize and execute the Amendment with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11102/12 AMENDMENT TO INTERLOCAL AGREEMENT REGARDING � 1 L EMERGENCY COMMUNICATIONS AND OTHER SERVICES This Amendment (this "Amendment ") to Interlocal Agreement Regarding Emergency Communications and Other Services (the "Agreement ") is entered into between Kitsap County (the "County ") and the below -named recipient (the "Recipient ") RECITAL WHEREAS, the parties entered into the Agreement and now wish to amend it as provided herein; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Definitions. The body of Title I(A), (J) and (K) — Definitions and Functions are modified as follows A Allocable proportion The amount of money chargeable of Recipient as its share of maintenance, operations, and insurance expenses for the emergency I communications system The allocable proportion is determined by ene-of he Cost Share Distribution Formula fain Appendixes A er- 34o this agreement J Criminal Justice Data Communications System- ACCESS CENCOM is connected to the Washington State Patrol ACCESS system for criminal history information Inasmuch as the involvement of the commissioned law enforcement authorities is required in the management control of this system, the Sheriff and appointed Chiefs of respective agencies are designated the CENCOM ACCESS Board as outlined in Appendix B� K Organizational Chart The Organizational Chart is included as part of this Agreement and identified as Appendix C "D", 2. Payments. The body of Title III is modified as follows - I For emergency communications services for each calendar year beginning January 201 Recipient agrees to pay to County its allocable proportion in twelve (12) equal monthly installments. The allocable proportion for each calendar year due from Recipient is computed in accordance with the Cost Share Distribution Formula in Appendix A_ _ of this agreement as fellows A F i r e D T A t ll.. ea bl° p ,,., ° rt, shall b „tnd as s1,.,,,,,, i Appendix 0.- be vviuyuwu as shevin in Appendix B O ther- A All. eabl ° _ er ,,, sh be detefffit ,nil_ by t Bv cid 3. Amendment. The body of Title VII — Amendment of the Agreement is modified as follows It is specifically agreed by and between the parties hereto that this Interlocal Agreement may be amended by the Board at any duly called regular or special meeting of the Board, but only after first giving thifty {38}sixt 60 _C-_J days l written notice of such meeting and proposed amendment to all parties to this agreement However, nothing in this paragraph shall be construed to authorize any change in the funding formula set forth in this agreement nor to authorize any act which would cause an increase, or change the amount paid by any participating agency beyond the amount determined by the Board pursuant to this agreement 4. Termination. The body of Title X — Termination of the Agreement is modified as follows Either party to this Interlocal Agreement may terminate it by providing written notice of such to the other at least ninety (90) - one- hundred and eighty 180 days prior to the specified termination date_ n,,. vi d e d , this h t er -l a ,, l A .. ,mot , o nly be teffl,,,,.,t °a at th en d „f'., eale„(1.,, yeaf 5. Merger. The body of Title XI — Merger is modified as follows This Interlocal Agreement, including its appendiceseensisting of si,34ee ^ (1 6) pages (ineluding A penile es A, B, and G an D) merges and supersedes all prior negotiations, representations and oral or written agreements between the parties hereto relating to subject matter hereof and constitutes the entire Interlocal Agreement between the parties 1 3- 2 6. Appendix A. Appendix A of the Agreement is superseded by the attached Appendix A- CENCOM Cost Share Distribution Formula, which is incorporated herein by reference. 7. Appendix B. Appendix B of the Agreement is removed 8. Appendix C. Appendix C of the Agreement is re- designated as Appendix B, but is otherwise unchanged 9. Appendix D. Appendix D of the Agreement is re- designated as Appendix C, but is otherwise unchanged 10. Scope of Amendment. Except as modified, the Agreement remains in effect 11. Effective Date. This Amendment shall be effective as of // // // // // // // // 3 Y CC IN WITNESS WHEREOF, the parties have subscribed their names to this Amendment and warrant that they have the full authority to enter into it. KITSAP COUNTY RECIPIENT BOARD OF COMMISSIONERS By KITSAP COUNTY, WASHINGTON Signature Printed Name Robert Gelder, Chair Title Josh Brown, Commissioner ATTEST By- Charlotte Garrido, Commissioner Signature ATTEST Printed Name Title R Dana Daniels, Clerk of the Board Date Date 4 APPENDIX A- Cost Share Distribution Formula The allocable proportion for each fire district, city, county, and tribe shall be computed as follows 1 Calculate the Total Base Total Base = Number of Agencies X $5,000 2 Calculate the Total Console Share (the amount of the user share that needs to be split between police and fire Total Console Share = Total Appropriations — All other funding Sources — Total Base 3 Calculate the Police/Fire Split (Percentage of the Console Share paid for by police and by fire) Police Split = Number of Police Allocated Consoles / Total Number of Consoles Fire Split = Number of Fire Allocated Consoles / Total Number of Consoles 4 Calculate the Police/Fire Share (actual dollar amount paid for by police and by fire) Police Share = Total Console Share X Police Split Fire Share = Total Console Share X Fire Split 5 Calculate the Units of Use a Agency Units of Use= Average of the previous 3 full years of Agency's Units of Use, adjusted for annexations b Total (Police or Fire) Units of Use = Sum of each (Policy or Fire) Agency's Units of Use 6 Calculate the Cost per (police and fire) Unit of Use a Cost per Police Unit = Police Share / Total Police Units of Use b Cost per Fire Unit = Fire Share / Total Fire Units of Use 7 Surcharges- Calculate any applicable surcharges, as approved by the CENCOM Policy Board 8 Calculate each Agency's Allocation Agency Allocation = (Agency Units of Use X Cost Per Unit) + Base + Surcharges 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 75 SUBJECT: Ordinance No 5203 to amend Study Session Date December 12, 2012 Ordinance No 5173 establishing the City of COUNCIL MEETING Date December 19, 2012 Bremerton's Fiscal Year 2012 budget as Department Finance amended by Ordinance No 5186 Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The Bremerton City Council adopted the 2012 Annual City Budget by Ordinance 5173 on December 14, 2011 and later amended the budget by Ordinance 5186 on June 6, 2012 Subsequently, certain actions have been taken and conditions have changed which have an impact on the final 2012 Annual Budget, resulting in the need for this amendment ATTACHMENTS: Ordinance No 5203 amending the 2012 Fiscal Year Budget Final 2012 Budget Amendment memo FISCAL IMPACTS (Include Budgeted Amount) Overall 2012 budget will be $147,318,714 STUDY SESSION AGENDA ❑ No Discussion © Full Presentation STUDY SESSION ACTION ❑ Consent Agenda n General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve Ordinance No 5203 of the City Council of the City of Bremerton, Washington, amending Ordinance No 5173 establishing the City of Bremerton's Fiscal Year 2012 budget as amended by Ordinance No 5186 COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 I I I i 1 ORDINANCE NO. 5- b3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No 5173 establishing the City of Bremerton's Fiscal Year 2012 budget as amended by Ordinance No 5186 WHEREAS, the City Council passed the Fiscal Year 2012 City Budget Ordinance (Ordinance No 5173) on December 14, 2011, and WHEREAS, the City Council subsequently amended the Fiscal Year 2012 City Budget (Ordinance No 5186) on June 6, 2012 to provide for certain programs and actions taken up to that point requiring amendment to the 2012 budget, and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to June 6, 2012 which require a formal amendment by ordinance, and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time, and the reallocation of prior period expenditures, and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2012 or timing changes from that which was anticipated in the 2012 budget, and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with Generally Accepted Accounting Principles, and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2012 Annual Budget resulting in the need to amend this Budget document, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS I SECTION]. Ordinance No 5173 establishing the City of Bremerton's 2012 Budget as amended by Ordinance No 5186 is hereby amended as follows I 1 2012 Final Budget Adjustment i ` 2012 Budget Final as Amended by 2012 Year -End Fund No Ord No 5186 Net Adjustments Budget t 001 General Fund City Council $ 332,770 $ - $ 332,770 Executive 370,360 - 370,360 Financial Services 1,153,840 - 1,153,840 Legal 981,650 - 981,650 Human Resources 398,010 - 398,010 Community Development 1,408,536 - 1,408,536 Municipal Court 1,294,187 - 1,294,187 City Auditor 170,960 - 170,960 Law Enforcement 9,598,837 - 9,598,837 Fire/Emergency Services 8,413,452 - 8,413,452 Police/Fire Pension 2,544,000 - 2,544,000 General Facilities 807,117 163,000 970,117 Parks & Recreation 2,608,741 - 2,608,741 Engineering 2,137,328 - 2,137,328 Non - Department 3,677,811 106,000 3,783,811 Ending Fund Balance 2,793,467 (269,000) 2,524,467 Total General Fund $ 38,691,066 $ - $ 38,691,066 101 Arterial Street 4,833,028 - 4,833,028 102 Street 2,484,029 65,000 2,549,029 103 Contingency Reserve 232,092 - 232,092 104 Lodging Tax 481,862 - 481,862 105 Parking System 1,430,814 - 1,430,814 106 Community Dev Block Grant 2,900,531 - 2,900,531 108 Abatement Revolving 239,413 - 239,413 110 Police Special Projects 1,076,838 - 1,076,838 113 Public Access Television 457,708 - 457,708 114 Gift & Donation Fund 93,106 - 93,106 116 Trial Improvement 61,301 - 61,301 117 One Percent For Arts 51,670 - 51,670 120 Conference Center Operating 1,848,861 - 1,848,861 201 Bond Fund 729,792 - 729,792 203 2010 LTGO 704,763 - 704,763 204 2010 UTGO /LTGO (B) 565,734 - 565,734 205 Government Center LTGO - 5,634,051 5,634,051 304 Harborside Plaza & Commons 34,336 60 34,396 305 Park Plaza Construction 351,648 - 351,648 306 Park Plaza Phase II 4,109,586 60 4,109,646 308 General Gov't Capital Improvement 542,522 - 542,522 310 Park Facilities Construction 1,754,369 - 1,754,369 311 Evergreen Park Remediation 80,081 - 80,081 331 Lower Wheaton Way 1,712,055 - 1,712,055 401 Water Utility 14,627,749 - 14,627,749 404 Water Capital 4,946,417 - 4,946,417 407 Golf Mountain Golf 2,413,539 - 2,413,539 451 Wastewater Utility 22,995,178 - 22,995,178 454 Wastewater Capital 9,662,189 - 9,662,189 481 Stormwater Utility 5,072,551 - 5,072,551 482 Gorst Creek Watershed 483,498 - 483,498 484 Stormwater Capital 3,081,029 - 3,081,029 503 Risk Management 3,223,483 - 3,223,483 506 Employment Security 271,954 - 271,954 507 Accumulated Leave Liability 256,906 - 256,906 509 ER &R - Operations & Maintenance 1,813,631 - 1,813,631 510 ER &R - Reserves 6,165,120 - 6,165,120 511 Information Services 1,139,094 - 1,139,094 Total All funds $ 141,619,543 $ 5,699,171 $ 147,318,714 2 2012 Final Budget Adjustment SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2012 SECTION 3. SeverabihU If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2012 JIM McDONALD, Council President Approved this day of 9 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO 3 2012 Final Budget Adjustment M Memorandum To: City Council Mayor Patty Lent From: Caroline Tompson, Budget Analyst Re: Final 2012 Budget Amendments Date: December 12, 2012 The City adopted the 2012 budget by Ordinance No 5173 on December 14, 2011 which was later amended by Ordinance No 5186 on June 6, 2012 In preparation for wrapping up 2012, it is necessary to do one last amendment to the budget to incorporate Council actions that have occurred since the mid -year budget amendment as well as to correct other items that have come to the attention of the staff in Financial Services Enclosed is the final budget amendment ordinance and supporting schedules The adjustments identified are as follows • Formally adopt and incorporate 2012 budget changes approved by council subsequent to the mid -year budget amendment • Reclassify expenditure categories as needed to properly reflect the actuals as classified in accordance with Generally Accepted Accounting Principles • Reallocate $15,000 in Finance from personnel to supplies and services for temp agency professional services Zero net budget increase • Increase care and custody expenditures in the amount of $106,000 for medical costs and additional fail days in Non - Departmental • Reallocate $30,000 in Court personnel to supplies and services for additional public defender, fury trial, and court security costs Zero net budget increase • Reallocate $10,410 in Police supplies and services budget to capital for forensic equipment that exceeded the capitalization threshold Zero net budget increase • Reallocate $60,000 in Fire supplies and services to personnel for additional overtime Zero net budget increase • Increase General Facilities personnel for maintenance labor in excess of estimates, $63,000 • Account for previously approved capital in General Facilities for emergency generator at Fire Station #1, $100,000 • Reallocate personnel in Parks to capital for work performed on Parks Construction projects, $27,400 Labor is paid under charges for services in Parks revenue Zero net budget increase • Increase capital and debt service in Parks Capital Construction Fund for 2012 pool lighting upgrades, $42,500 and 2011 drain (safety) upgrades, $14,100 • Increase capital, and charges for services under revenue, in Street Fund for signal cabinet upgrades associated with Crosstown Pipeline Project, $65,000 • Increase debt service in Fund 204 for additional fiscal agent fees associated with BABS Subsidy calculation, $330 • Account for revenue, $5,634,051 and expenditures, $5,630,398 due to previously approved Government Center debt refinancing in Government Center LTGO Fund 205 • Increase transfer -out from Fund 304 to Fund 306 for closing out fund, $60 • Increase debt service in Golf to account for short-term interfund loan interest to ER &R for previously approved capital equipment purchases, $500 • Increase debt service for principal and interest on intergovernmental loans in the Water Utility, $12,425, and Wastewater Utility, $14,500 • Account for additional claim expenses in the Risk Management Fund, $30,000 The budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and departments 2 AGENDA BILL "7C CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Ordinance No 5204 to amend Study Session Date December 12, 2012 Chapter 9 88 of the Bremerton Municipal COUNCIL MEETING Date December 19, 2012 Code (BMC) related to Drug Offenses Department City Attorney's Office Presenter Roger A Lubovich Phone 360 -473 -2345 SUMMARY: Due to the recent passage of Initiative 502, it is necessary to amend the City's code relating to marijuana to be consistent with the new law ATTACHMENTS. Proposed Ordinance No 5204 FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Ordinance No 5204 to amend Chapter 9 88 of the Bremerton Municipal Code related to Drug Offenses COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5204 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9 88 of the Bremerton Municipal code entitled "Marihuana " WHEREAS, the current provisions of Chapter 9 88 of the Bremerton Municipal Code relating to marihuana are no longer consistent with recent changes to state law as a result of Initiative Measure 502 recently passed by the voters, and WHEREAS, the City Council desires to update the provisions relating to marihuana in order to be consistent with state law and to make other related changes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Chapter 9 88 of the Bremerton Municipal Code entitled "Marihuana" is hereby amended to read as follows Chapter 9.88 MARIJUANAD OFFENSES 9.88.010 DEFINITIONS. amended "Mafijuma" is defined as All pffts of the plafA of the genus Camabis L, whethef > t see t , and eve eempeund > sa > fatK4tffe, , its seeds or- rest fiefa the seeds ef the > > > sa d efiva4ive, e fib > or- the The following definitions are herebadopted (a) RCW 69 50 101 entitled "Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time and shall be given the same force and effect as if set forth herein in full (b) RCW 69 50 102 entitled "Drug�paraphernalia — Definitions" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time and shall be ig ven the same force and effect as if set forth herein in full 9.88.020 MARIJUANA - POSSESSION. Aii per feund guilty ef pessessien of fei4y (40) gfams er less ef memjtmfia shall T• thy of a misdemean - RCW 69 50 4013', RCW 69 50 4014 and Initiative No 502 Section 15 with the exception of those provisions contained therein for which a violation constitutes a felony crime, tsare hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 1 Drug Offenses currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9.88.030 MARIJUANA - IN VIEW OF GENERAL PUBLIC - INFRACTION. Chapter 69 50 RCW, Initiative No 502 Section 21 (Judicial Information System No 13C3521) relating to the opening, use or consumption of marijuana, usable marijuana or marijuana — infused products in view of the eg neral public is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full A person who violates this section is guifty of a class 3 civil infraction pursuant to RCW 7 80 120(l)(c) as currently enacted and as hereinafter amended from time to time 9.88.030040 DRUG PARAPHERNALIA — PROHIBITED ACTS RCW 69 50 412 with the e xc eption of th se p eve nt — w i ned — herei f or- w ,..olatio nstit tes a f e m°, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9.88.050 DRUG PARAPHERNALIA — SELLING OR GIVING - INFRACTION. RCW 69 50 4121 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9.88.040 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONAtENT-PENALTIES FOR MARIJUANA AND DRUG PARAPHERNALIA RCW 69 50 425 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in E111 A person who is convicted of a misdemeanor violation of BMC 9 88 020 or BMC 9 88 030 040 shall be subject to punishment pursuant to RCW 69 50 425 not less than twen�y four- (24) eeaseeutive houfs, and by a fine ef not less than two hundred fift� dellafs ($250 00) On a seeend er- subsequent eenvietion, the fine shall not be less dma five hundred deilar-s ($500 00) These fines shall be in addition to any other- fine er- penalty imposed fisk to the def�ndapA's physteal er- mental well being or- that lereal jail f4eilifies are in ever-efewded eenditien ' the minimum term of impr-tsenment shall not be suspended ef defefr-e—d- if the eetfft finds suee.h. Fisk or- ever-er-ewding exists, it shall sentenee the defeadaH4 to a fnimmufn ef feAy (40) hours of eenununity sefviee if a minimum tefm of impr-tsewHent is suspended e defeffed, the eouft shall state in Nwiting the r-easen for. gr-anting the suspension or- defeffal and the faets upon w-hieh the stispensten er- defeFfal is based Unless the eouft finds the per-son to be in 4 the fninimum fine sh not b suspen 9.88.070 LEGEND DRUGS — POSSESSION WITHOUT PRESCRIPTION. RCW 69 41030, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full For purposes of this section, and as defined in RCW 69 41010, "Legend 2 Drug Offenses drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only A violation of this section constitutes a misdemeanor SECTION 2. SeverabihU If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. f fective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor ATTEST- APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \legal \MarUuana (2012)3 doc 3 Drug Offenses _______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 DECEMBER 19, 2012 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION 4. MAYORS REPORT 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting - December 5, 2012 C. Minutes of Special Meeting - December 12, 2012 D. Appointment of Linda Simpson to the Planning Commission E. Appointment of Mike Strube to the Planning Commission F. 2013 Property Insurance Renewals with Lexington Insurance Company G. Purchase of Sensus Water Meter Transceiver Units (MXUs) from Ferguson Waterworks H. Agreement with Harris Computer Systems for Software Upgrade for Utility Billing and Customer Service Function I. Appointment of Kevin Matthew to the position of Information Technology Manager at Step 2 in Pay Band 16 J. Acceptance of Interpreter Grant - Interlocal Agreement ICA 133368 6. PUBLIC HEARINGS A. Public Hearing and Ordinance No. 5202 to adopt the 2012 Comprehensive Plan Amendment Docket 7. GENERAL BUSINESS A. Amendment to the Interlocal Agreement regarding Emergency Communications and Other Services B. Ordinance No. 5203 to amend Ordinance No. 5173 establishing the City of Bremerton’s Fiscal Year 2012 budget as amended by Ordinance No. 5186 C. Ordinance No. 5204 to amend Chapter 9.88 of the Bremerton Municipal Code (BMC) related to Drug Offenses 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 by noon on the day preceding the Meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: December 19, 2012 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #’s 351309 through 351561 and EFT’s 12414 through 12459 in the amount of $2,054,548.93. 2) Regular Payroll for the pay period ending November 30, 2012 in the amount of $732,036.68. 3) Regular Payroll for the pay period ending November 30, 2012 in the amount of $1,622.65. 4) Regular Payroll for the pay period ending December 15, 2012 in the amount of $ 675,424.03 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting December 5, 2012 COUNCIL MEETING Date: December 19, 2012 Department: City Council Presenter: Jim McDonald Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 5, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, December 5, 2012, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Jim McDonald presiding. Council Members present were Eric Younger, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs. Council Members Faye Flemister and Nick Wofford were absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Deacon Bill Hamlin of Our Lady Star of the Sea Church. PUBLIC RECOGNITION Mike Walton, Marketing Director of the Kitsap Family YMCA, reported on the ongoing remodel project and announced upcoming programs to be held at the “Y” including the “Resolution Walk & Run Series” on Sundays in 2013 at 9:00 AM on January 6, February 3, March 3, and April 7. Megan Bradley, Kitsap Historical Museum, invited the community to attend the 5th Annual Mill Town Christmas on Sunday, December 9 from 4:00 to 8:00 PM at the Historic Seabeck Conference Center. Please contact (360) 479-6226 for more information. Gary Marley announced that there will be a Grand Opening for his new store “Gem E-Cycles” on Saturday, and thanked Council Member Roy Runyon and the Kitsap Sun for their support. Jerry McDonald offered some suggestions for the City to help its brand such as drawing on its ferry route and working with our neighboring cities to get people to visit. Mike Walton, Kitsap Public Facilities District, reported the PFD has improved sporting fields which will increase our area’s ability to host large soccer tournaments; please visit www.kitsap-pfd.org for more information on how to apply for $5,000 “Event Fund” to start or assist with small projects through January 11, 2013. Paul Dutky, “Move To Amend Kitsap”, encouraged Council Members to join other W ashington cities and pass a resolution in support of a constitutional amendment to regulate campaign spending. Linda Driver added that there is a petition drive underway regarding the proposed resolution described by Mr. Dutky, which will be presented later to Council Members by district. Larry Meyers hoped that the utility rate study will address how water and sewer use are billed; and that water being used to water lawns is not charged at the sewer rate. MAYOR’S REPORT  Attended a Mayor’s Exchange in Olympia today;  Welcomed Marie Whitman, Olympic College, who then recognized the numerous participants and students who were involved in the “Whale Project”; City Council Reg. Mtg. Minutes Wednesday, December 5, 2012 Page 2 of 4  Introduced Tom Knuckey, City Engineer, who announced that the City has received a “Puget Sound Champion” Award from Puget Sound Partnership in recognition of our Combined Sewer Overflow Reduction Program;  Introduced Ron Corcoran, author of the new book “Almost True Christmas Stories”;  Proclaimed the Month of November 2012 as “Hip Hop History Month” and the proclamation was accepted by Christine Virgillo-Emery and “Kazaam”;  Proclaimed December 15, 2012 as “Wreaths Across America Day” and she will be providing the proclamation to Mick Hersey;  Proclaimed December 1, 2012 as “World Aids Day” and the proclamation was accepted by Kim McCoy;  Presented a Key to the City to Information Technology Manager Bill Eley who will be retiring on Friday with 29 ½ years of service and 25 years as IT Manager. CONSENT AGENDA 5A. Check Numbers 350960 through 351308, and EFT-12336 through EFT-12413 in the amount of $5,448,209.40; Regular Payroll for the pay period ending November 15, 2012 in the amount of $718,770.76; Regular Payroll for the pay period ending November 30, 2012 in the amount of $732,036.68; and Retiree Payroll for the pay period ending November 30, 2012 in the amount of $62,190.99. 5B. Minutes of Study Session – November 14, 2012 5C. Minutes of Study Session and Budget Workshop – November 28, 2012 5D. Contract Modification No. 1 to former Chevron Property Remediation Contract with Parametrix 5E. Agreed Order with Department of Ecology for Long Term-Monitoring and Reporting at former Chevron Property 5F. Ordinance No. 5199 to repeal Chapter 2.34 of the Bremerton Municipal Code (BMC) regarding the Gold Mountain Complex Board of Directors 5G. Adopt Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement 2012 Amendments 5H. Bid Award to EC Power Systems for Emergency Generator Purchase for Fire Station #1 5I. Resolution No. 3185 amending and re-establishing City Rates and Fees for 2013 5J. Ordinance No. 5201 amending Section 3.86.200 of the Bremerton Municipal Code (BMC) relating to Business and Occupation (B&O) Taxes, and further amending Chapter 3.48 of the BMC There were no questions or comments from the public… 06:25:12 M/S/C/U (Runyon/Wheeler) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – ORDINANCE NO. 5200 ADOPTING THE FISCAL YEAR 2013 CITY OF BREMERTON BUDGET: Becky Hasart, Financial Services Director, explained that the ordinance represents the proposed 2013 Fiscal Budget, with the slight adjustment requested from the November 28, 2012 Budget Workshop, for consideration. If adopted, this ordinance would become effective January 1, 2013. City Council Reg. Mtg. Minutes Wednesday, December 5, 2012 Page 3 of 4 Comments from the public were received by Susan Daniel, Kitsap Historical Society and Museum. 06:29:38 Motion was made by Wheeler, and seconded by Runyon… Comments on the Motion were provided by Wheeler, Runyon, Brockus, Daugs, and Younger; with responses provided by Ms. Hasart… 06:42:17 M/S/C (Wheeler/Runyon) Move to approve Ordinance No. 5200 of the City Council of the City of Bremerton, Washington, approving and adopting the budget of the City of Bremerton f or the fiscal year 2013, and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. Voted in favor of Motion: Brockus, Runyon, Wheeler, Arends, Younger, McDonald Voted opposed to Motion: Daugs Motion carried: 6-Yes; 1-No COUNCIL MEMBER REPORTS Adam Brockus announced the Annual Winterfest would be held on Friday, December 7 from 5:00 to 8:00 PM with activities downtown and in Manette. More importantly, Santa is expected to arrive at 5:15 PM and free photos may be taken with a canned food donation; and the Tree Lighting at East 11th Street & Scott Avenue will happen at 7:00 PM. Roy Runyon welcomed new business “Wee Foke Empire” (dolls, angels, tea sets) located at 619 4th Street. For more information, contact (360) 782-2222; “Gem E-Cycles” (sales, service, and parts for electric and pedal assisted bikes) located at 540 4th Street. For more information, please contact (360) 328-3041; and a new Subway store on Werner Road. Greg Wheeler announced on behalf of Faye Flemister, that the “Wreaths Across America” Ceremony will be held on Saturday, December 15 at 8:45 AM at Ivy Green Cemetery and the NAACP Free Community Health & Wellness Fair would be held on December 15 from 11:00 AM to 4:00 PM at Olympic College; and that Union Hill District residents will join with Anderson Cove residents for a “neighborly gathering and caroling” on Monday, December 17 from 6:00 to 7:30 PM at Matan Park; and looked forward to Santa’s arrival downtown this Friday, December 7 at 5:45 PM followed by the Tree Lighting Ceremony in front of the Naval Museum at 6:00 PM. Carol Arends announced that Claywerks II Ceramics & Pottery Studio would be hosting a Christmas party as part of Winterfest Artwalk at its new downtown location with refreshments, a “paint & sip” party, painting demonstrations, and of course Santa would visit; and there will also be a book signing by newly published Ron Corcoran. Eric Younger looks forward to Artwalk and welcomes conversation from residents about city issues. Jim McDonald appreciated all the hard work done by staff to prepare the budget and thanked the Council for all of the time they put in to review this year’s budget; and announced that the Council will be recessing for a 15-Minute Executive Session to discuss “Potential Litigation” per RCW 42.30.110 (1)(i) and no action is anticipated. With no further business, President McDonald adjourned the Council Meeting at 7:10 PM. City Council Reg. Mtg. Minutes Wednesday, December 5, 2012 Page 4 of 4 Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Council Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ______________________________ JIM McDONALD, City Council President JM:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Special Meeting December 12, 2012 COUNCIL MEETING Date: December 19, 2012 Department: City Council Presenter: Jim McDonald Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Special Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES December 12, 2012 A Special Meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, December 12, 2012, at 4:00 PM, with Council President Jim McDonald presiding. Council Members present were Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs. Council Member Nick Wofford was absent. Lori Smith, Legislative Assistant, was present to provide staff support. President McDonald emphasized that the Special Meeting was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the December 19, 2012 Council Meeting Agenda; or as indicated. A. NO PRESENTATIONS - The following items are budgeted items and/or have been reviewed by the appropriate Council Committee: 1. 2013 Property Insurance Renewals with Lexington Insurance Company Consent Agenda 2. Purchase of Sensus Water Meter Transceiver Units (MXU’s) from Ferguson Waterworks Consent Agenda 3. Agreement with Harris Computer Systems for Software Upgrade for Utility Billing and Customer Service Function Consent Agenda 4. Appointment of Kevin Matthew to the position of Information Technology Manager at Step 2 in Pay Band 16 Consent Agenda 5. Acceptance of Interpreter Grant – Interlocal Agreement ICA 133368 Consent Agenda 6. Public Hearing and Ordinance to adopt the 2012 Comprehensive Plan Amendment Docket Public Hearing B. FULL DISCUSSION ITEMS 7. Amendment to the Interlocal Agreement regarding the Emergency Communications and other Services General Business 8. Proposed Ordinance to amend Ordinance No. 5173 establishing the City of Bremerton’s Fiscal Year 2012 Budget as amended by Ordinance No. 5186 General Business 9. Proposed Ordinance to amend Chapter 9.88 of the Bremerton Municipal Code (BMC) entitled “Marijuana” General Business C. GENERAL COUNCIL BUSINESS General Council Business was briefly discussed. President McDonald called a brief recess from 6:15 to 6:30 PM, and then left the meeting due to illness; the Council reconvened in the Mayor’s Conference Room for the remainder of the meeting, which was then chaired by Vice-President Greg Wheeler... City Council Special Meeting Minutes Wednesday, December 12, 2012 Page 2 of 2 D. DISCUSSION ON UTILITY RATE STUDY The Council Members continued their discussion from November 14, 2012 on the Utility Rate Study with Consultants with the FCS Group, and several members of the Utility Rate Study Advisory Committee. The discussion will continue at a Special Meeting on January 9, 2013. With no further business, Vice-President Wheeler adjourned the Council Special Meeting at 8:15 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ JIM McDONALD, City Council President JM:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of Linda Simpson to the Planning Commission Study Session Date: N/A COUNCIL MEETING Date: December 19, 2012 Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: Linda Simpson has been selected to serve on the Planning Commission, with a term that will expire on December 31, 2014. Planning Commission appointments are normally 4-year terms, however BMC 2.12.010 requires a staggering of terms to ensure that at least one member is appointed on an annual basis. In reviewing the terms of the other currently appointed commissioners it was determined that a 2-year appointment to ensure that there will be an appointment made annually. ATTACHMENTS: Mrs. Simpson’s application for appointment is available in the Mayor’s office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Linda Simpson to the Planning Commission with a term that will expire December 31, 2014. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of Mike Strube to the Planning Commission Study Session Date: N/A COUNCIL MEETING Date: December 19, 2012 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: Mike Strube has been selected to serve on the Planning Commission, with a term that will expire on December 31, 2014. Planning Commission appointments are normally 4-year terms, however BMC 2.12.010 requires a staggering of terms to ensure that at least one member is appointed on an annual basis. In reviewing the terms of the other currently appointed commissioners it was determined that a 2-year appointment to ensure that there will be an appointment made annually. ATTACHMENTS: Mr. Strube’s application for appointment is available in the Mayor’s office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Mike Strube to the Planning Commission with a term that will expire December 31, 2014. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2013 Property Insurance Renewal with Lexington Insurance Company Study Session Date: Dec. 12, 2012 COUNCIL MEETING Date: Dec. 19, 2012 Department: City Attorney’s Office Presenter: Thelma Swem Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage. Property insurance coverage for 2013 has been bound with Lexington Insurance Company. The annual premium for 2013 is $274,660.23. Coverage is subject to a $100,000 deductible for most losses. Earthquake and flood insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains, and PSNS Memorial Plaza. ATTACHMENTS: Summary of Quotes FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2013. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve continuation of property insurance bound with Lexington Insurance Company for 2013. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Sensus Water Meter Transceiver Units (MXU’s) from Ferguson Waterworks Study Session Date: December 12, 2012 COUNCIL MEETING Date: December 19, 2012 Department: PW&U Presenter: Chal Martin Phone: 473-5315 SUMMARY: Due to failing batteries and poor internal wiring of old water meter transmitters, Public Works staff began replacing water meter transceivers with more reliable models two years ago. The City now has almost 1,900 of the new transceivers in service, out of 18,246 in the system. The new transceivers have a 15-year minimum battery life (vs. 6 years for the old transceivers), and improved transceiver range. A sole source upgrade / exchange program has been established with Ferguson Waterworks in Tacoma (Ferguson is the authorized distributor) to purchase new transceivers, with a credit if the purchase is made prior to the end of January, 2013. We have accumulated 1,882 of the old transceivers to turn in for credit. Purchase price for 1,882 new transceivers is $253,637.14, including the credit and including sales tax. ATTACHMENTS: 1. General Information Sheet 2. Transmitter (MXU) upgrade/exchange unit pricing sheet 3. Sole Source Determination 4. Warranty (For information) FISCAL IMPACTS (Include Budgeted Amount): The 2012 Water Utility O&M expense budget is $13,492,749. With this purchase, final 2012 expenditures are projected to be $12,962,880, which is about $100,000 below our previous end-of-year projection for 2013 budget formulation (good). STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of water meter transceivers from Ferguson Waterworks and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Public Works and Utilities Department 100 Oyster Bay Ave. N.  Bremerton, WA 98312  (360) 473-5315  FAX (360) 473-5360   MEMORANDUM DATE: November 28, 2012 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Sole Source Determination - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for Sensus 520R water meter transceiver units (MXUs). The City has a requirement to replace aging transmitters on over 18,000 meters in its system. For efficiency of maintenance operations, and for reasons of compatibility with existing meter reading systems, the City chose the Sensus 520R transceiver as its standard for replacement. Establishing a standard enables the City to save money through reduced inventory, and save money and staff time by virtue of reduced maintenance complications that ensue from operating a system with multiple brands and repair parts. Over the past two years, the City has installed approximately 1,900 of the transceiver units, and experience to date indicates the units are of high quality and are exceeding the Utility’s expectations for reliability and performance. Sensus Metering Systems, the manufacturer, contracts with regional suppliers who are the only authorized distributors of the product. Therefore, the only source for the particular transceiver units required by the City, are the regional distributors. Any request for bids would only receive a single bid from the regional distributor. Because the City of Bremerton is a large customer, the regional distributor for this area, Ferguson Waterworks, has agreed to provide a credit for the old meters. Public Works staff has determined that Ferguson’s pricing is reasonable. Therefore, it is my determination that sole source purchase of Sensus 520R water meter transceiver units is justified for this procurement. Sensus Limited Warranty I. General Product Coverage Sensus USA Inc. (“Sensus”) warrants its products and parts to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment and as set forth below. All products are sold to customer (“Customer”) pursuant to Sensus’ Terms of Sale, avail¬able at: http://sensus.com/TC/ (“Terms of Sale”). II. SR II® and accuSTREAM™ 5/8”, 3/4” & 1” Meters… are warranted to perform to AWWA New Meter Accuracy Standards for fi ve (5) years from the date of Sensus shipment or until the regis¬tration shown below, whichever occurs fi rst. Sensus further warrants that the SR II meter will perform to at least AWWA Repaired Meter Accuracy Standards for fi fteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs fi rst: New Meter Accuracy Repair Meter Accuracy 5/8” SR II Meter and accuSTREAM Meter 500,000 gallons 1,500,000 gallons 3/4” SR II Meter and accuSTREAM Meter 750,000 gallons 2,250,000 gallons 1” SR II Meter and accuSTREAM Meter 1,000,000 gallons 3,000,000 gallons III. SR® 5/8”, 3/4” & 1” Meters… are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 5/8”, 3/4” and 1” SR meter will perform to at least AWWA Repaired Meter Accuracy Standards for fi fteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs fi rst: Repair Meter Accuracy 5/8” SR Meter 1,500,000 gallons 3/4” SR Meter 2,250,000 gallons 1” SR Meter 3,000,000 gallons IV. SR 1-1/2” & 2” Meters… are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 1-1/2” and 2” SR meter will per¬form to at least AWWA Repaired Meter Accuracy Standards for ten (10) years from the date of Sensus shipment or until the registration shown below, whichever occurs fi rst: Repair Meter Accuracy 1-1/2” SR Meter 5,000,000 gallons 2” SR Meter 8,000,000 gallons V. PMM® 5/8”, 3/4”, 1” Meters… are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 5/8”, 3/4”, and 1” PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for fi fteen (15) years from the date of Sensus shipment or until the registration shown below, whichever occurs fi rst: Repair Meter Accuracy 5/8” PMM 1,500,000 gallons 3/4” PMM 2,000,000 gallons 1” PMM 3,000,000 gallons VI. PMM 1-1/2”, 2” Meters… are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. Sensus further warrants that the 1-1/2”, and 2” PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten (10) years from the date of Sensus shipment or until the registration shown below, whichever occurs fi rst: Repair Meter Accuracy 1-1/2” PMM 5,000,000 gallons 2” PMM 8,000,000 gallons VII. iPERL™ Water Management Systems... that register water fl ow are warranted to perform to the accuracy levels set forth in the iPERL Water Management System Data Sheet (IPL-110), available at www. sensus.com/iperl or by request from 1-800-METER-IT, for twenty (20) years from the date of Sensus shipment. The iPERL System warranty does not include the external housing. VIII. Maincase… of the SR, SR II and PMM in both standard and low lead alloy meters are warranted to be free from defects in material and work¬manship for twenty-fi ve (25) years from the date of Sensus shipment. Composite and E-coated maincases will be free from defects in mate¬rial and workmanship for fi fteen (15) years from the date of Sensus shipment. IX. Sensus “W” Series Turbo Meters, OMNI™ Me¬ters and Propeller Meters… are warranted to perform to AWWA New Meter Accuracy Standards for one (1) year from the date of Sensus shipment. X. Sensus accuMAG™ Meters... are warranted to be free from defects in material and workmanship, under normal use and service, for 18 months from the date of Sensus shipment or 12 months from startup, whichever occurs fi rst. XI. Sensus Registers… are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the periods stated below or until the applicable registration for AWWA Repaired Meter Accuracy Standards, as set forth above, are surpassed, whichever occurs fi rst: 5/8” thru 2” SR, SR II, PMM, accuSTREAM Standard Registers 25 years 5/8” thru 2” SR, SR II, PMM, accuSTREAM Encoder Registers 10 years Electronic Communication Index (ECI) 10 years All HSPU, IMP Contactor, R.E.R. Elec. ROFI 1 year Standard and Encoder Registers for: “W” Turbo and Propeller Meters 1 year OMNI Register with Battery 10 years XII. Sensus Electric Meters… are warranted to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment. Spare parts and components are warranted to be free from defects in material and workmanship for one (1) year from the date of Sensus shipment. Repaired or refurbished equipment repaired by Sensus is warranted to be free from defects in material and workmanship for ninety (90) days from the date of Sensus shipment or for the time remaining on the original warranty period, whichever is longer. XIII. Batteries, iPERL System Components, AMR and FlexNet™ System AMI Interface Devices… are warranted to be free from defects in material and workmanship from the date of Sensus shipment for the period stated below: Electronic TouchPads 10 years RadioRead® MXU (Model 505C, 510R or 520R) and Batteries 20 years* Act-Pak® Instrumentation 1 year TouchRead® Coupler and AMR Equipment 1 year FlexNet Water or Gas SmartPoint™ Modules and Batteries 20 years* Hand Held Device 1 year Vehicle Gateway Base Station 1 year FlexNet Base Station 1 year Echo Transceiver 1 year (continued) G-500 R16 XIII. Batteries, iPERL System Components, AMR and FlexNet™ System AMI Interface Devices… (continued) Remote Transceiver 1 year iConA and FlexNet Electricity SmartPoint Module 1 year iPERL System Battery and iPERL System Components 20 years* * Sensus will repair or replace non-performing: • RadioRead® MXU (Model 505C, 510R and 520R) and Batteries, • FlexNet Water or Gas SmartPoint Modules (confi gured to the factory setting of six transmissions per day) and batteries, • iPERL System Batteries, and/or the iPERL System fl owtube, the fl ow sensing and data processing assemblies, and the register (“iPERL System Components”) at no cost for the fi rst ten (10) years from the date of Sensus ship¬ment, and for the remaining ten (10) years, at a prorated percentage, applied towards the published list prices in effect for the year product is accepted by Sensus under warranty conditions according to the following schedule: Years Replacement Price Years Replacement Price 1-10 0% 16 55% 11 30% 17 60% 12 35% 18 65% 13 40% 19 70% 14 45% 20 75% 15 50% >20 100% Note: Software supplied and licensed by Sensus is warranted accord¬ing to the terms of the applicable software license agreement. Sensus warrants that network and monitoring services shall be performed in a professional and workmanlike manner. XIV. Return… Sensus’ obligation, and Customer’s exclusive remedy, under this Sensus Limited Warranty is, at Sensus’ option, to either (i) repair or replace the product, provided the Customer (a) returns the product to the location designated by Sensus within the warranty period; and (b) prepays the freight costs both to and from such location; or (ii) deliver replacement components to the Customer, provided the Customer installs, at its cost, such components in or on the product (as instructed by Sensus). The return of products for warranty claims must follow Sensus’ Returned Materials Authorization (RMA) procedures. Water meter returns must include documentation of the Customer’s test results. Test results must be obtained according to AWWA standards and must specify the meter serial number. The test results will not be valid if the meter is found to contain foreign materials. If Customer chooses not to test a Sensus water meter prior to returning it to Sen¬sus, Sensus will repair or replace the meter, at Sensus’ option, after the meter has been tested by Sensus. The Customer will be charged Sensus’ then current testing fee. Sensus SmartPoints modules and MXU’s returned must be affi xed with a completed return evaluation label. For all returns, Sensus reserves the right to request meter read¬ing records by serial number to validate warranty claims. For products that have become discontinued or obsolete (“Obsolete Product”), Sensus may, at its discretion, replace such Obsolete Product with a different product model (“New Product”), provided that the New Product has substantially similar features as the Obsolete Product. The New Product shall be warranted as set forth in this Sensus Limited Warranty. THIS SECTION XIV SETS FORTH CUSTOMER’S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFT¬WARE TO CONFORM TO THEIR RESPECTIVE WAR¬RANTIES. XV. Warranty Exceptions and No Implied Warranties… This Sensus Limited Warranty does not include costs for removal or instal¬lation of products, or costs for replacement labor or materials, which are the responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to goods that have been: installed improperly or in non-recommended installations; installed to a socket that is not functional, or is not in safe operating condition, or is damaged, or is in need of repair; tampered with; modifi ed or repaired with parts or assemblies not certifi ed in writing by Sensus, including without limitation, communication parts and assemblies; improperly modifi ed or repaired (including as a result of modifi cations required under section XIV); converted; altered; damaged; read by equipment not approved by Sensus; for water meters, used with substances other than water, used with non-potable water, or used with water that contains dirt, debris, deposits, or other impurities; subjected to misuse, improper storage, improper care, improper maintenance, or improper periodic testing (collectively, “Exceptions.”). If Sensus identifi es any Exceptions during examination, troubleshooting or performing any type of support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfi es any of the Exceptions defi ned above. The above warranties do not apply in the event of Force Majeure, as defi ned in the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON- INFRINGEMENT AND TITLE. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XVI. Limitation of Liability... SENSUS’ AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY “CAUSES OF ACTION”) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, IN CONTRACT, UNDER STATUTE OR OTHERWISE. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS’ LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; NOR (II) ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY IN/OUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES; NOR (V) DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, WATER HAMMER CONDITIONS, OR EXCESSIVE WATER PRESSURE. “IN/OUT COSTS” MEANS ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER’S PREMISES AND ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN INSTALLING, UNINSTALLING AND REMOVING GOODS. “END USER” MEANS ANY END USER OF ELECTRICITY/WATER/GAS THAT PAYS CUSTOMER FOR THE CONSUMPTION OF ELECTRICITY/WATER/GAS, AS APPLICABLE. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action fi rst arose. In the calculation of any damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the fi ling of the Cause of Action shall be recoverable. 8601 Six Forks Road, Suite 700 Raleigh, NC 27615 1-800-638-3748 Sensus Limited Warranty AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement with Harris Computer Systems for Software Upgrade for Utility Billing and Customer Service Function Study Session Date: 12/12/12 COUNCIL MEETING Date: 12/19/12 Department: Public Works Presenter: Chal Martin Phone: 473-5315 SUMMARY: : In 2006, the City upgraded the utility billing software to a Harris product called InHance. In 2009 a Federal Regulation (Red Flag Identity Theft) went into effect which required Harris to upgrade their software to incorporate better identity security and encryption. The requested council action is upgrade/replacement of the InHance software to a new format called ICIS. The ICIS software uses a different technology (.NET, a windows environment) that includes faster processing, faster debugging mechanisms, enhanced reporting and a better internal security structure. It is important that we do this upgrade since Harris has indicated they will no longer support the older InHance software in the future. Our original purchase of the InHance software allowed for upgrades at no cost; however, change to the new .NET technology will require in-house training and programming of our custom forms. The cost of this Agenda Item is limited to training, programming and installation. ATTACHMENTS: 1. Proposal FISCAL IMPACTS (Include Budgeted Amount): The cost of the software upgrade, training, and programming is $22,950. Additional costs may accrue during software installation; however, these costs are expected to be minimal. The 2012 budgeted amount for this software upgrade was $20,000 -- $10,000 from the Water Utility and $10,000 from the Sewer Utility. This request exceeds the 2012 budgeted amount but will not cause either fund to exceed our previously-projected year-end balances; therefore, no budget amendment is needed. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve an agreement with Harris Computer Systems for upgrade of the City’s utility billing software, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of Kevin Matthew to the position of Information Technology Manager at Step 2 in Pay Band 16 Study Session Date: December 12, 2012 COUNCIL MEETING Date: December 19, 2012 Department: Financial Services Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: The current Information Technology (IT) Manager will be retiring at the end of December after having been with the City for over 29 ½ years. The Director of Financial Services has been working with the IT Manager on identifying those within existing IT staff that could be groomed to become a replacement for when the retirement would become effective (succession planning). As such, our current Network Administrator, Kevin Matthew, is being appointed to the IT Manager position effective January 1, 2013. Mr. Matthew has been employed by the City of Bremerton for 23 years including 2 years as a Computer Programmer Analyst and 21 years as the Network Administrator. Over the last six months, Mr. Matthew has shown he has the knowledge and experience to be able to perform the manager’s job and can step into this new role with minimal disruption to City services. The IT Manager’s pay band is non-represented pay band 16. Step 1 would only increase Mr. Matthew’s salary by $142 per month. To acknowledge the promotion and to have the pay be more commiserate with the increase in responsibility and duties, it is recommended that Mr. Matthew be placed at pay band 16, step 2. Per BMC 2.50.032(a), City Council must approve the initial salary of a newly hired person if the starting salary exceeds step 1. ATTACHMENTS: Letter of engagement and Mr. Matthew’s resume. FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to appoint Kevin Matthew to Information Technology Manager at Pay Band 16 Step 2 rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: ACCEPTANCE OF INTERPRETER GRANT – INTER-LOCAL AGREEMENT ICA13368 Study Session Date: 12/12/2012 COUNCIL MEETING Date: 12/19/2012 Department: MUNICIPAL COURT Presenter: DAWN NELSON Phone: 360 473-5242 SUMMARY: The Bremerton Municipal Court has been the recipient of an Interpreter Grant from the State of Washington, Administrative Office of the Courts for many years. This agreement is renewed on a yearly basis. This document is titled an Inter-Local Agreement but it more correctly a grant acceptance form. The terms of this Agreement are from July 2012 through June 2013 for reimbursement of interpreter services up to a maximum of $2,841.53. ATTACHMENTS: Inter-Local Cooperative Agreement – ICA13368 between State of Washington, Administrative Offices of the Court and Bremerton Municipal Court. FISCAL IMPACTS (Include Budgeted Amount): Receipt of $2,841.53. No matching funds are required and there will be no expense to the City. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Inter-Local Agreement between the City of Bremerton and the State of Washington, Administrative Office of the Courts and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance No. 5202 to adopt the 2012 Comprehensive Plan Amendment Docket Study Session Date: 11/28/12 & 12/12/12 COUNCIL MEETING Date: 12/19/12 Department: DCD Presenter: D. McIntyre; A. Daniels Phone: 360-473-5845 SUMMARY: The action before the Council is to conduct a public hearing to consider the proposed 2012 Comprehensive Plan Amendments. The amendment docket contains: 1) amendments to the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center boundaries to be eligible for re-zone to Warren Avenue Corridor (WC) zoning designation; 2) amendments to the Bay Vista Subarea Plan as follows: reallocation of Village Commercial and multi-family locations; revise permitted land uses to reflect land use zones that are being condensed; revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code; and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan. The two amendment docket items are a result of applications received from interested parties. ATTACHMENTS: 1) Staff Memo 2) Planning Commission Minutes from July 17, 2012 Planning Commission Workshop; September 18, 2012 Planning Commission Workshop; and October 9, 2012 Planning Commission Public Hearing 3) Proposed Ordinance No. 5202 Exhibit A—Planning Commission Findings and Conclusions Exhibit B—Downtown Regional Center Subarea Plan Amendment Exhibit C—Bay Vista Subarea Plan Amendment FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5202 adopting the 2012 amendments to the Comprehensive Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Attachment 1 From:  Doug McIntyre, City Planner; Allison Daniels, City Planner  Date:  November 28, 2012  Re:  2012 Comprehensive Plan Amendment Docket    EXECUTIVE SUMMARY  Staff and the Planning Commission are pleased to present the proposed 2012 Comprehensive Plan  Amendment docket for Council consideration.  State and City statutes allow the Comprehensive Plan  to be amended a maximum of once per year (not including adoption of new Subarea Plans). Each of  the proposed Comprehensive Plan amendments must show consistency with the criteria contained in  BMC 20.10.080.     The Planning Commission conducted a Public Hearing on the amendments and recommends the  Council adopt the changes. The Commission has passed findings and conclusions (See Ordinance  Exhibit A) that demonstrate the consistency with the criteria outlined in BMC 20.10.080, and  includes policies in the Comprehensive Plan to support the proposed changes.     The 2012 Docket includes two amendments as follows:    DOCKET ITEMS  1. On April 2, 2012, Rice Fergus Miller Inc., acting as agent for the property owner,  submitted a request for land use change. Three parcels, located at 1008, 1016, and 1018  Burwell Street (at the corner of Burwell Street and Warren Avenue, see Attachment I),  currently designated Low‐Density Residential, are proposed to be included in the  Downtown Regional Center boundaries.  Development in the Downtown Regional Center  is guided by the Downtown Regional Center Subarea Plan (adopted on December 19,  2007 by Ordinance 5034).      The Downtown Regional Center Subarea Plan directs focused, mixed growth according to  the City's Comprehensive Plan vision for downtown as the "Metropolitan Center of the  West Puget Sound." The Subarea Plan includes design standards, zoning, and streetscape  standards for the greater downtown area.    DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Attachment 1 The development of the Downtown Regional Center Subarea Plan included a focus on  the Warren Avenue Corridor, located along the west edge of the center. This corridor  was envisioned to provide a commercial district of medium intensity to transition to  lower scaled uses outside of the downtown, as specified by the Warren Avenue Corridor  zone (WC zone). However, implementation of this vision is difficult with the existing  boundaries because the western side of the Warren Avenue Corridor is only one parcel  deep, inhibiting, in many cases, the ability to build medium density uses as specified by  the WC zone. To better implement what was envisioned for this area, a proposal to add  three parcels to the Downtown Regional Center boundaries would allow ample space to  accommodate development intended to occur under the original Subarea Plan.     The three parcels are currently developed with vacant multi‐family residential units and  the current zoning designation is R‐10; the Comprehensive Plan Land Use designation is  Low‐Density Residential.  The underutilized nature of the properties presents an  opportunity, if re‐designated, to revitalize the edge of the downtown core by allowing a  redevelopment pattern to occur that the current Low Density Residential designation  does not allow.  Impacts on neighboring parcels along Burwell Street are anticipated to  be minimal, due to the sparse nature of development on the block as well as the mix of  existing uses, including single‐family, multi‐family, parking, and undeveloped lots.  Additionally, the WC Zone is intended to provide a commercial district of medium  intensity to transition to lower‐scaled uses outside of the downtown core, which will  ensure that development on the subject parcels will be done in a manner that minimizes  impacts on the surroundings.     Once included in the Downtown Regional Center Subarea Plan, these three parcels will  be eligible for rezoning to the WC zoning designation as set forth in the Subarea Plan. See  Ordinance Exhibit B.    2. The second amendment to this docket is the revisions to the Bay Vista Subarea Plan.  Originally this plan was called the West Park Subarea Plan and was adopted in 2007. In  2009, the applicant, the Bremerton Housing Authority (BHA), revised the subarea plan  and is now known as the Bay Vista Subarea Plan.    The Bay Vista Subarea Plan was created in consultation with stakeholders, residents, and  neighbors. It used an intensive design charette process and numerous community  meetings. Development of the Subarea Plan also used environmental analysis, including  preparation of a SEPA/NEPA environmental Impact Statement (EIS), and an EIS  addendum, to inform master planning of the site consistent with environmental  constraints and opportunities.    However, as the site is being developed, market conditions and site constraints have  made the regulations of the existing Subarea Plan difficult to implement. BHA is  proposing amendments to the Bay Vista Subarea Plan that includes: reallocation of  Attachment 1 Village Commercial and multi‐family locations, revise permitted land uses to reflect land  use zones that are being condensed, revise complex Code requirements in Subarea Plan  to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and  parking requirements which will still comply with overall policies and goals of the existing  Bay Vista Subarea Plan.     The revised and updated Bay Vista Plan is contained in the proposed Ordinance Exhibit  C.  Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit C: Proposed Bay Vista Subarea Plan Bay V ista SUB-AREA PLAN prepared by: December 2012 bay vista Bremerton Housing AutHority Bay Vista suB-a rea Plan Amendment produced By BCra December 11, 2012 bay vista TABLE OF CONTENTSi - introduction A. Site Location & History ............................................................................................................................................................. B. Sub-Area Plan Vision ................................................................................................................................................................. C. Organization of Sub-Area Plan .................................................................................................................................................. ii - BAy VistA suB-AreA pLAn A. Local Planning Framework ........................................................................................................................................................ B. Consistency of the Sub-Area Plan with Bremerton’s Comprehensive Plan .............................................................................. C. Public/Stakeholder Process ...................................................................................................................................................... D. SEPA/NEPA Environmental Review ........................................................................................................................................... E. Bay Vista Architectural Review Committee ............................................................................................................................... iii - BAy VistA suB-AreA pLAn A. Existing Site conditions ............................................................................................................................................................. B. Sub-Area Plan Vision, Goals and Objectives ............................................................................................................................. C. Sub-Area Plan Elements ............................................................................................................................................................ D. Future Changes to the Sub Area Plan ....................................................................................................................................... iV - Zoning & deVeLopment reguLAtions A. Land Use Zones ......................................................................................................................................................................... B. General Development Standards .............................................................................................................................................. C. Streets, Sidewalks And Driveways ............................................................................................................................................ D. Low Impact Development ......................................................................................................................................................... E. Parking Standards ..................................................................................................................................................................... F. Landscape Standards ................................................................................................................................................................ G. Utility Equipment & Storage ..................................................................................................................................................... H. Walls, Hedges And Fences ........................................................................................................................................................ I. Exterior Lighting ........................................................................................................................................................................ J. Sign Standards .......................................................................................................................................................................... K. Glossary .................................................................................................................................................................................... L. Intent ........................................................................................................................................................................................ 1 1 1 2 4 4 5 8 12 12 13 13 15 17 20 21 21 28 29 31 31 34 44 44 45 45 50 52 bay vista 1 section I : INTRODUCTIONa. site loCation & History The 83-acre Bay Vista (formerly Westpark) site is located in West Bremerton, bounded by Kitsap Way on the north, Oyster Bay Avenue on the east, and State Route 3 on the west. The existing Westpark public housing community was built in 1941 and is owned and operated by the Bremerton Housing Authority (BHA). The community is the remnant of a larger World War II – era housing project that was built as temporary housing for shipyard workers. The site currently contains 631 residential units, primarily one-story duplex and four-plex in design, and a 60-unit apartment building for elderly and disabled residents. Ninety percent or more of existing units are for low-income families and individuals. The site also provides community functions (a community center, senior center, teen center, and head start facility) and some local services (laundry, storage facilities, maintenance shop, and administrative offices. A new 72-unit assisted living facility (Bay Vista Commons) was constructed and opened in December of 2007. The surrounding neighborhood contains a mix of residential, commercial and industrial land uses, including auto-oriented and larger retail uses along Kitsap Way. Kitsap Way in this area serves as a “gateway” to the City of Bremerton, though it is currently lacking in definition. B. suB-area Plan Vision The Westpark Sub-Area Plan was originally adopted in 2007. The Bremerton Housing Authority (BHA) voted to change the name of the site and master plan to Bay Vista in 2008. Consequently, the name of the Sub-Area Plan has also been changed to Bay Vista as part of the 2009 amendment to this plan. The vision and Sub-Area Plan for Bay Vista, including the 2009 amendments, was created in consultation with stakeholders, residents and neighbors. It used an intensive design charrette process and numerous community meetings, which are summarized in Section II. Development of the Sub-Area Plan also used environmental analysis, including preparation of a SEPA/NEPA environmental impact statement (EIS), and two EIS addenda, to inform master planning of the site consistent with environmental constraints and opportunities. The Sub-Area Plan concept is built upon six major goals: 1. Promoting a mixed-use, mixed-income traditional neighborhood. 2. Creating a pedestrian-oriented environment. 3. Maintaining/enhancing view corridors and landscaping. 4. Enhancing the civic realm and creating more usable public open space. 5. Promoting economic development through provision of commercial activities and services on-site and in the adjacent Neighborhood Center. 6. Integrating low impact development (LID) approaches into the Master Plan. The new Bay Vista is envisioned as an urban mixed-use, mixed-income, pedestrian-oriented community. It will be characterized by a variety of types and styles of housing to meet the needs of a range of income groups. Accommodating these groups will help to de-concentrate low-income housing in Bremerton. Retail and commercial uses will provide for some of the everyday shopping needs of residents, as well as provide job opportunities for residents. The retail center will provide financial support i - introduction 2 section I : INTRODUCTIONDecember 2012 for implementation of the master plan, including construction of new infrastructure. Bay Vista's on-site population will also provide support for additional commercial activity in the future Oyster Bay Neighborhood Center. The site will be sensitively designed to maintain significant open space and existing trees, to preserve and enhance views, and to carefully manage stormwater and other natural features. New parks, civic spaces and outdoor amenities will be created. Proposed development standards and Design Standards, and covenants, conditions and restrictions (CC&Rs), will establish high standards for the quality of redevelopment, yet provide flexibility to respond to market changes and opportunities. The plan will provide high quality infrastructure and services to residents. The Bay Vista site will relate to the surrounding neighborhood in terms of activities and scale, and provide a catalyst and model for future redevelopment. C. organization of suB-area Plan The Sub-Area Plan is organized in four major sections. Following this introduction, Section II describes the major objectives of the Plan, and its planning regulatory context within which it has been created. Section II also delineates the public/stakeholder process and SEPA/NEPA compliance for the plan are also described. Section III describes existing site conditions, and the vision, goals and objectives for redevelopment of Bay Vista. The major elements of the Sub-Area Plan–land use, housing, parks and open space, roads and infrastructure–are described in narrative and graphics. This section has been adopted by the City as an element of the Bremerton Comprehensive Plan. Section IV contains the zoning and development standards that will apply to Bay Vista, including regulations for uses, density, building heights, setbacks and similar components of development. bay vista 3 section I : INTRODUCTIONVICINITY MAP 4 December 2012Section II : purpose, process & consistencyThe Bay Vista Sub-Area Plan is intended to provide a road map for future redevelopment of the site. It articulates the vision, goals and objectives for redevelopment of Bay Vista, and embodies the policies of the City of Bremerton Comprehensive Plan, which it supplements. The Plan also establishes zoning standards which will guide the preparation of future site development plans, subdivisions and building permits by applicants; installation of infrastructure by the Bremerton Housing Authority (BHA) and individual developers; and review of these plans by the City of Bremerton (City) and the Bay Vista Architectural Review Committee (ARC). The Sub-Area Plan reflects the Redevelopment Master Plan for Bay Vista prepared by the Bremerton Housing Authority. It is also responsive to environmental impacts identified in Bay Vista environmental documents, to financial constraints, and to changing market conditions. The Westpark Sub-Area Plan was initially adopted in 2007. Following additional community involvement, public hearings and environmental review, amendments were proposed to reflect the BHA's ongoing planning, as well as updated information about site constraints and market conditions. In fall 2008, the BHA received a HOPE VI grant from the U.S. Department of Housing and Urban Development. Conditions of the grant include a maximum 54-month schedule for completion of construction. The Sub-Area Plan was amended by the City Council in 2009 to reflect this constraint and other changed conditions noted previously. a. loC al Planning framework OVERVIEW The Bay Vista site has been the subject of several City legislative actions over the past few years and was also addressed specifically in the City’s recent adoption of its updated Comprehensive Plan and zoning code in 2004. These actions have provided a framework for planning redevelopment of the site. In September 2003, the City amended its Community Renewal Plan, pursuant to the state Community Renewal Law (RCW 35.81), to incorporate the site as a “blighted” area for purposes of community renewal efforts (Ordinance No. 4830 and 4870). The designation was supported by findings that the site was isolated from adjacent areas that building size and design were deficient, and that physical deterioration was a contributing factor to disinvestment in the area. These actions also reaffirmed the City’s intent to cooperate and assist the Bremerton Housing Authority in the redevelopment of the site, (pursuant to RCW 35.83), and to provide a framework for redevelopment in the Comprehensive Plan and zoning regulations. This framework is described below. PUBLIC SECtOR REDEVELOPMENt SItE (PSRS) The Comprehensive Plan Land Use Map designates Westpark (now Bay Vista) as a Public Sector Redevelopment Site (PSRS). These are special, large-scale sites with high potential for development that is innovative or that meets a unique community need. They should be developed consistent with specific district planning efforts that address the site, compatibility with surrounding uses, and consistency with the Comprehensive Plan. A PSRS must have a clearly defined community benefit, such as meeting a public housing need. They may include mixed type residential development with an open space component and secondary commercial or office development. ii - BAy VistA suB-AreA pLAn purpose, process, and consistency with the comprehensive plan bay vista 5 Section II : purpose, process & consistencyOyStER BAy NEIGHBORHOOD CENtER The Comprehensive Plan designates a future Neighborhood Center for the Oyster Bay Area adjacent to the Bay Vista site, located on both sides of Kitsap Way. This 37-acre center is projected to redevelop over time in conjunction with, but slower than, Bay Vista, and to transition into an urban, pedestrian-friendly area connected with the surrounding area by trails, open space, and access to the shoreline. The Center will include a core, with mixed-use (residential and commercial) buildings. The Center will receive economic support from the surrounding neighborhood, including Bay Vista’s residents and workers; land uses in Bay Vista are expected to complement redevelopment of Oyster Bay. A Sub-Area Plan will be prepared for the Oyster Bay Center; however, the timing of this planning effort is uncertain. SPECIFIC AREA PLANS The Comprehensive Plan anticipates that more detailed area-specific plans will be developed to implement Public Sector Redevelopment Sites, such as Bay Vista. Key aspects of these plans include: a process that involves the community, consistency with the Comprehensive Plan goals and policies, and inclusion of development standards and design standards. The Bay Vista Sub-Area Plan is such a specific area plan and has been developed to meet these requirements. The relationship to the Comprehensive Plan goals is discussed below. Revision of the Bay Vista Sub-Area Plan follows the City's established process for amending the Comprehensive Plan. This process includes public involvement, environmental review, and public hearings by the Planning Commission and City Council. In cooperation with the City, the BHA sponsored eight community meetings and workshops in the fall of 2008 to gain input on proposed changes to the Sub-Area Plan. An addendum to the Westpark EIS was also prepared to address the proposed changes. The revisions were adopted following public hearings by the Planning Commission and the City Council. B. ConsistenCy of tHe suB- area Plan witH Bremerton’s ComPreHensiVe Plan BREMERtON COMPREHENSIVE PLAN - CENtERS CONCEPt The city’s updated Comprehensive Plan is based on a “Centers” concept, in which a significant portion of the City’s future growth will be guided to numerous Centers designated throughout the City. Centers vary in scale, function and character, and each is intended to be a distinct district or “village” with a unique character. Designated centers range from the City Center, which provides a wide range of activities that serve the entire City and the region, to smaller neighborhood centers, which provide goods and services, and amenities to residents within a neighborhood. In general, centers are intended to be mixed-use, pedestrian-friendly, well-designed areas with open space, public gathering places, access to transit, and adequate infrastructure. SHAPING BREMERtON tHEMES 1. Distinctive Growth, with Viable Neighborhoods and Centers that Provide Greater Choice and Convenience. Redevelopment of Bay Vista will help to revitalize an existing neighborhood that is characterized by outdated, deteriorated housing and infrastructure, and has been designated as “blighted.” The new Bay Vista neighborhood will be characterized by mixed-use development, a wide range of housing options affordable to a mix of income groups, ample open space and amenities, pedestrian accessibility, quality design, improved infrastructure and enhanced environmental resources. Everyday goods and services, and local employment opportunities, will be provided on-site. 2. Enticing New Development, with a Focus on the Downtown Regional Center. The Bremerton Housing Authority has been working closely with the City and the broader community to shape a plan for Bay Vista that fits the site and is responsive to the City’s requirements and needs, including economic development, housing 6 December 2012Section II : purpose, process & consistencyopportunities and population support for the future Oyster Bay Neighborhood Center. The City’s updated Comprehensive Plan and development regulations provide guidance and flexibility for large public parcel development proposals like Bay Vista. 3. Supportive transportation, with Seamless, Efficient and Varied Choices. Regional transportation facilities bounding the Bay Vista site include State Route (SR) 3, Kitsap Way and Oyster Bay Avenue. Access to the site is provided by Oyster Bay Avenue, Sinclair Drive, Arsenal Way and Sand Dollar Drive. Kitsap Transit provides public transit service to the City of Bremerton. Routes No. 24 and 26 serve the Bay Vista site, with stops along Kitsap Way (Route 24) and at the Firs Apartments on Oyster Bay Avenue (Route 26). Kitsap Way has a designated bicycle lane, wide shoulders, raised sidewalks on both sides, and painted crosswalks with pedestrian call buttons. The City of Bremerton has recently upgraded or added new accessible ramps at various intersections along Kitsap Way. A mid-block pedestrian crossing is located east of Oyster Bay Avenue. Oyster Bay Avenue includes raised sidewalks on one side of the street. Levels of service at major intersections will meet City of Bremerton standards. 4. Improved Accessibility, especially for the Pedestrian. The Bay Vista site is being planned to support multiple transportation modes, including vehicles (through adequate access and parking); transit (through higher urban densities and access to the regional road system); and pedestrians (by integrating trails and pedestrian amenities in a mixed-use development pattern). 5. Quality Housing, with Broader Choices. Existing housing on the site is old and deficient; the Comprehensive Plan and several City ordinances have identified the site’s housing as substandard and in need of revitalization. The redeveloped Bay Vista will provide approximately 875 housing units in a variety of types and styles, including single-family attached and detached (duplexes, townhouses, clustered cottages) and apartments. Units will be for-sale and for-rent, market-rate apartments and public housing. All existing public housing units will be replaced either on-site (190 units) or off-site, which will be consistent with the City’s desire to disperse public housing. 6. Business Support, with Increased Opportunity. Bay Vista will provide local jobs and goods and services for residents of Bay Vista and the surrounding neighborhood. Bay Vista’s residents will also provide market support for existing and new commercial development in the Oyster Bay Neighborhood Center. 7. Environmental Management, Integrating Natural Systems. The plans for Bay Vista include approximately 15 acres of parks and open space, and retain the existing preserve park; with the exception of this preserve, most of the site and existing vegetation will be disturbed or removed in conjunction with site grading and construction. When complete, Bay Vista will exhibit ample landscaping and open space. This open space and vegetation will provide habitat for species of urban wildlife, as well as recreational opportunities for local residents. Environmentally critical areas located on and adjacent to the site (such as wetlands) will be protected consistent with City regulations. Stormwater will be controlled and treated consistent with City requirements. 8. Community Service, Focusing on Assets Bay Vista will install new infrastructure on the site; facilities will be provided concurrent with development. The Bay Vista EIS documents evaluated the service demands of the new population to help ensure that any adverse impacts were identified and addressed. 9. Design Review: Advancing Quality Urban Development. The Bay Vista Sub-Area plan includes development standards that will apply to all future development on the site. These standards, and City review of future applications, will ensure that future development is of high quality and meets expectations. The BHA has developed Covenants, Conditions and Restrictions (CC&Rs) that apply detailed design requirements to land and buildings throughout the site. bay vista 7 Section II : purpose, process & consistencyCOMMUNIty CHARACtER GOALS CC1 ..Demonstrate excellent urban design qualities in new development. Redevelopment of the site will replace old, substandard housing with modern dwelling units, mixed-use buildings and a village retail center. The Sub-Area Plan contains design standards that are intended to set high standard for site and building design. CC2 ..Assure that new development relates to surrounding uses and provides for urban livability. The Bay Vista site is being master planned and will provide compatibility between land uses through careful siting, use of open space and buffering, and transitions between uses of different intensity. Bay Vista will function as a traditional community, with a mix of activities that meet the needs of daily life, connected by streets and trails, and enhanced open space, urban amenities and high quality design. The Master Plan also considers land use and scale relationships to the surrounding community, including the future Oyster Bay Neighborhood Center. CC3 ..Provide for a safe, pleasant and rich pedestrian experience. Bay Vista will contain approximately 30,000 linear feet of pedestrian walkways and trails. Streets are designed to accommodate pedestrians and to make walking safe, pleasant and convenient. Pedestrian amenities include landscaping, benches, open space, pocket parks and lighting. CC4 ..Promote the development of areas of special character, encouraging a diversity of communities within the city. Bay Vista is a large site that presents unique redevelopment opportunities. Its history and status as a 1940s-era public housing project with aging and substandard facilities sets the stage for its transformation into a modern, well-designed urban mixed-use community located at a major entrance to the City. LAND USE GOALS LU1 ..Identify and enhance distinctive neighborhoods, communities and centers throughout the City. As noted above, Bay Vista will be transformed into a modern, well-designed urban mixed-use community. It will be distinct in appearance and character in the City’s existing fabric. It will also provide long-term population support for future development of the Oyster Bay Neighborhood Center. LU2 ..Integrate an open space system into the land use pattern that increases the amount of open space, protects. Bremerton’s natural resources, and provides a source of beauty and enjoyment for all residents. The Bay Vista plan includes approximately 15 acres of parks and open space that is integrated into the land use pattern. Significant trees will be retained to the greatest extent feasible or replaced. The open space plan includes areas for active recreation – including ball-fields, pocket parks, tot lots and gathering places – and for gathering and passive enjoyment. A management plan will be prepared and implemented for the Preserve, a large natural area. Residents will be involved in overseeing preservation of this area. LU4 ..Provide for walkability throughout Centers and neighborhoods. Bay Vista is intended to be a walkable community, and has integrated the needs of the pedestrian into its land use pattern and transportation system. The plan includes approximately 30,000 linear feet of pedestrian paths and trails, connecting areas of the site with one another and with the surrounding neighborhood. LU5 ..Designate neighborhood, district, and employment Centers on the Land Use Map that provide mixed-use environments which serve as the primary focus for growth. The Comprehensive Plan anticipates that retail and service uses will be provided in Bay Vista as well as in the future Oyster Bay Neighborhood Center. Bay Vista will provide a residential population that will support commercial uses planned on-site and in the Neighborhood Center. LU7 ..In order to encourage new development to occur in locations and patterns consistent with the Vision(s), Goals and Policies of this Plan – specifically in Centers – remove or revise existing land use designations that would sit multi-family uses in locations that do not support the Centers Concept. 8 December 2012Section II : purpose, process & consistencyBay Vista includes a mix of multi-family and single-family housing. The proposed location of multi- family housing adjacent to Kitsap Way will support commercial activities anticipated on-site and in the Oyster Bay Neighborhood Center. LU11 Provide for the viability of communities, neighborhoods, and Centers through strategic land use designations and infrastructure provisions. The Comprehensive Plan Land Use Map designates Westpark (now Bay Vista) as a Public Sector Redevelopment Site (PSRS). This designation recognizes its public ownership and the public interest in innovative redevelopment that meets community needs. The master plan has been developed through a Sub-Area Planning process, will be compatible with adjacent uses, and will provide a variety of housing types and ownership options that will meet a variety of housing needs. LU12 Support community-wide access to amenities and services. Bay Vista will provide open space and recreational amenities that are available to all community residents. The site has also been planned to maintain and enhance views of the water. LU17 Adopt and implement appropriate standards and regulations for stormwater management. the City of Bremerton should adopt and implement regional plans, strategies, and standards as appropriate, including but not limited to the Seattle/King County Storm Water Manual, FEMA maps, and the Puget Sound Action team’s 2000 Water Quality Plan. Stormwater will be managed in a manner consistent with city standards. C. PuBliC/stakeHolder ProCess The Bay Vista Sub Area Plan reflects the efforts of many people, including: city leaders and staff, the many citizens and Bay Vista residents who turned out for an initial program of public community meetings and a week-long design charrette, urban designers, architects, traffic planners, civil engineers, environmental specialists, and market consultants, to name a few. A second round of meetings and forums were held to discuss revisions to the Sub-Area Plan based on updated information about the site and market conditions. Community meetings were advertised through a combination of mailed and published notices, posted signs, and newsletters. Bay Vista residents, neighbors within 300 feet, and the community at large were invited to participate in the process. All residents of Bay Vista and within 300 feet of the site received written notices and invitations The public process conducted for the initial adoption of the Sub Area Plan included the following outreach efforts and comment opportunities: Four public community meetings: • March 16, 2006• May 12, 2006• June 22, 2006 (EIS scoping included) • September 14, 2006 A week-long design charrette: • May 8-12, 2006 two stakeholder’s meetings: • April 19, 2006 • July 13, 2006 SEPA/NEPA scoping meetings and EIS meetings: • June 22, 2006 Bremerton Planning Commission workshops and public hearings: • October 17, 2006 • November 21, 2006 Bremerton City Council public hearings and meetings: • January 24, 2007• February 7, 2007 bay vista 9 Section II : purpose, process & consistency At each of the meetings, the current status of the design process was presented, and attendees were invited to comment on the design, and to ask questions about the project and the process. The goal of the stakeholder process was to create a vibrant neighborhood that reflects multiple public objectives, with the participation and support of the community as a whole. The content of the public meetings were as follows: Community Meeting #1: March 16, 2006 West Hills Elementary School Gymnasium This meeting included presentation of the existing conditions on the Bay Vista site, along with the proposed process for redeveloping the site. Goals and possibilities for the site were presented, and an invitation for the public to participate in the process of creating the Sub-Area Plan document. The timeline and process for the project were presented, and a question and answer session followed. Questions from attendees, mostly existing Westpark residents, were focused on the relocation plan, demolition, and future rent levels for the replaced subsidized housing. Stakeholder’s Meeting #1: April 19, 2006 Westpark Community Center This meeting included presentation of the existing conditions on the Westpark site, along with the proposed process for redeveloping the site specifically geared toward those neighboring businesses and agencies affected by the Westpark redevelopment. Retail and commercial components of the project were presented, with a discussion of potential impact to surrounding businesses. The timeline, process and current status of the project were also presented, with a question and answer session following. Questions from the stakeholders included the following topics: project financing; whether land will be sold as a large block or in individual lots; the anticipated income of future residents; use of design standards; ability to rent units, housing for residents not returning to Westpark; and the type of retail development that will face Oyster Bay Avenue. Community Meeting #2 (Design Charrette): May 8-12, 2006 – Westpark Community Center At the Design Charrette, the public had the opportunity to interact directly with the design team over the course of a week while the design was in process, allowing true public input. Each night (with the exception of Thursday) during the charrette there was a presentation and question and answer session, outlining the day’s progress. On the final evening, all of the drawings were presented, including the preferred site plan, which was generated through input from each of the agencies and stakeholders involved, along with the many members of the local community that participated. This final presentation served as the “official” public meeting component of the charrette, and was followed by a question and answer session. Questions raised at the meeting addressed the following topics: replacement of existing streets; density of housing; noise; availability of units for the disabled; phasing of construction; grading of the site; storm water management; sale of lots to individuals. Community Meeting #3: June 22, 2006 Westpark Community Center This meeting included presentation of the EIS process, along with the proposed process for the environmental approval process. A question-and-answer session specific to the EIS was held, followed by an update of the overall design process for the site. There was an additional opportunity for questions and answers after the design process update. Questions and comments addressed the following topics: fill proposed for the existing ball field and potential seismic event; timing of construction; communication with residents about project progress; impacts on existing wildlife; questions about the 10 December 2012Section II : purpose, process & consistencyrelocation process; kinds of future businesses; lighting; water features; BHA ownership of housing; whether there will be multiple builders for the for-sale housing; and name of the new community. Stakeholder’s Meeting #2: July 13, 2006 Westpark Community Center This meeting was geared toward the stakeholders and included an update on the design process for redeveloping the site. Timelines for relocation of the current Westpark residents and construction were presented, with a question- and-answer session following. Questions from the stakeholders included the status of the grading design; and status of the stormwater system. An additional series of informational meetings and forums was held in September-October 2008 in connection with proposed revisions to the Sub-Area Plan. Community Meeting #1: September 25, 2008 – Westpark Community Center The kick-off meeting included a summary of the plan revision process, the topics and schedule of subsequent community meetings, and major changes being considered to the sub-area plan/master plan. The recently awarded HOPE VI grant was also described. As summarized, the basic concepts of the master plan for the community, recently renamed Bay Vista, would remain the same: a mixed-use, mixed-income, pedestrian oriented community, with ample open space and landscaping, modern infrastructure and high quality design. Proposed changes to the master plan are motivated primarily by changing real estate market conditions, and project financing needs. Major changes to the master plan being discussed include the following: • a slight increase in the number of housing units, but the same number of low income units dispersed throughout the community; • an expansion and intensification of the retail center, potentially incorporating the existing fire station site; • demolition of the existing community center and development of a smaller community center on a corner of the ball field; • the same amount of parks and open space; • noise mitigation walls adjacent to SR 3; and • investigation of additional low impact design techniques for stormwater management. Based on conditions of the HOPE VI grant, construction will need to be completed by 2013 (54 month maximum from grant award). A question and answer session followed the presentation. Questions addressed the following topics: location of a new fire station; whether the fire station site be used as a maintenance facility rather than for commercial use; how secure the HOPE VI grant funds are in view of recent national economic events; what the HOPE VI funds can be used for; whether there will be a homeownership program; whether off-site property will be condemned by the City; the new phasing program; tree preservation; the design and character of the new commercial center; and numerous questions related to the on-going tenant relocation program. Community Meeting #2: October 2, 2008 – Westpark Community Center The second meeting of the series focused on the changes to the commercial piece of the redevelopment known as Sector 5. Mel Maertz from Olympic Associates made a power point presentation which showed the conceptual sketches of what the new commercial could look like. Slides also showed possible elevations for a grocery, an inn and residential. Two community members and a potential commercial tenant attended this meeting. Community Meeting #3: October 9. 2008 – Westpark Community Center The third meeting was a discussion of the civil engineering changes. The outline for this meeting was: 1. Introduction a. Why are we going through this process bay vista 11 Section II : purpose, process & consistency2. Site Overview/Changes a. Changes in roadway layout/alleys b. Changes in open space c. Changes in Stormwater Management Areas 3. Grading a. Site constraints b. Overall idea/slope reduction c. Majors areas of cut and fill 4. Stormwater Management a. Drainage Basins b. Outfall c. Conveyance systems 5. Low Impact Development a. Pervious Pavement b. Conveyance Swales c. Roof Downspouts d. Filterra 6. Street Sections a. Possible Options 7. Closing a. Next Steps Justin Goroch from BCRA Engineering was the featured speaker. Questions were fielded from the audience with most of the questions centering on our use of Low Impact Development. Community Meeting #4: October 16, 2008 – Westpark Community Center The fourth meeting was a presentation of what the new replacement housing in the new Bay Vista will look like. Presentations were made by Tonkin Hoyne complete with a power point presentation of what the replacement public housing would look like and Ross Deckman + Associates with schematics of what the multifamily apartment and manor houses would look like. The tenants in the audience asked questions such as what amenities would the units have. Responses comparing and contrasting the current housing with the new housing were well received. Community Meeting #5: October 23, 2008 – Westpark Community Center The following agenda was used for this meeting: Guest Introduction: Greg Brower; Landscape Architect of Berger Partnership Mel Maertz; Architect of Olympic Associates Company Sub- Area Plan: Landscaping & Site Amenities A. Streetscape B. Parks C. Open Space D. Club House E. Residential Landscape The presenters showed visuals of what the new parks and open spaces would look like. They also showed a schematic design of a new community club house. Audience comments were primarily about the use of existing trees and new plantings. Community Meeting #6: October 30, 2008 – Westpark Community Center This final meeting was a wrap up and summary of the previous 5 meetings. We reviewed the contents of the previous weeks’ presentations and fielded any audience questions that may have come up over the course of the 6 weeks. No issues were left outstanding and no official comments have been received. More detailed documentation of the public process is on file with the City of Bremerton. Stakeholder Meeting: June 21, 2012 – Summit at Bay Vista Tenants and community partners were present to review the proposed changes to the Sub Area Plan. Responses were all supportive of the plan. Stakeholder Meeting: June 25, 2012 – BHA Administrative Offices BHA staff was present to provide an overview of proposed changes to the Sub Area Plan. There were no other attendees at the meeting. 12 December 2012Section II : purpose, process & consistencyd. sePa/nePa enVironmental reView The review process for the proposed re-development of Westpark, and the initial adoption of the Sub-Area Plan, included preparation of an Environmental Impact Statement (EIS) to comply with the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). The City also prepared an EIS Addendum for the initial adoption of the Sub-Area Plan. The purpose of an EIS is to present information about the environmental consequences of proposals, including redevelopment projects, to consider alternative courses of action, and to mitigate environmental impacts that are avoidable. This analysis helps ensure that decision makers are aware of impacts to the natural and human environments, and that they consider opportunities to mitigate impacts. The process also provides opportunities for interested agencies, tribes and citizens to comment on proposals and to be involved in their consideration. A single EIS was prepared to satisfy NEPA and SEPA requirements. The City of Bremerton, designated as the Responsible Entity (RE) for NEPA compliance, served as the NEPA lead agency. Compliance with NEPA was required because the project involved federal action, by the Department of Housing and Urban Development (HUD), to use federal funds in redeveloping the site. The Bremerton Housing Authority acted as the lead agency for SEPA compliance. Scoping occurred in June 2006. A Draft SEPA/NEPA EIS was published in March 2007. Public meetings on the Draft EIS were held in April 2007. A Final EIS, responding to public and agency comment, was published in May 2007. All meetings were advertised consistent with state and federal requirements. Notices of the publication of EIS documents were similarly published consistent with SEPA and NEPA requirements. An Environmental Review Record (ERR) was prepared to comply with NEPA and is on file with the City of Bremerton. An addendum to the EIS was prepared in 2008 to address changes to the Sub-Area Plan. e. Bay Vista arCHiteCtural reView Committee All new development proposals will adhere to the development review, permitting and design approval processes of the City of Bremerton and the Bay Vista Architectural Review Committee (ARC). ARC planning and design standards are identified in the Sub-Area Plan. Covenants, Conditions & Restrictions (CC&R’s) will also apply to all property on the site that is sold for redevelopment, to help ensure that all proposals meet relevant requirements. The Bremerton Housing Authority has contracted with a development consultant who is responsible for all development within the boundaries of the project site. The development consultant will assemble an ARC responsible for the review and approval of all permit applications prior to their submittal to the City of Bremerton. Upon approval the ARC will issue a certificate that will be required to be included with the submittal to the City. Permit applications will not be accepted by the City without the approval of the ARC. The City will maintain its primary authority to review and approve plans for consistency with zoning and development standards, and building requirements, as required by law. In particular, the Architectural Review Committee will ensure that proposed development is consistent with the intent and specifics of CC&R’s adopted for the Bay Vista site. bay vista 13 section III : Sub-Area planiii - BAy VistA suB-AreA pLAn a. existing site Conditions DRAINAGE Stormwater within the site is conveyed by overland flow and through a rudimentary system of open ditches and enclosed drainage pipes. Outside of the project area, stormwater is conveyed away from the site in open ditches and enclosed drainage systems. Stormwater from the on-site area combines with stormwater from off-site areas in the conveyance systems outside of the project area. There are no known sources of off-site stormwater that is routed through the existing drainage system. There are no known existing water quality treatment facilities within the Bay Vista site. Stormwater treatment for the redeveloped conditions on the overall site will be provided in accordance with Title 15.04.042 of the City’s municipal code. Water quality treatment and flow control facilities will be designed in accordance with the City of Bremerton Public Works and Utilities Standards, using Department of Ecology (Ecology) hydrologic simulation software to calculate flow rates and volumes Currently, most of the site discharges through two existing outfalls into Oyster Bay. Small portions in the Southeast and Northwest corners of the site discharge to existing Washington State Department of Transportation storm drainage systems ultimately flowing to the Sinclair Inlet and Ostrich Bay Creek. Low Impact Development (LID) techniques, including, but not limited to, pervious pavement, raingardens, bioswales, and roof drain dispersion will be utilized to the greatest extent feasible to treat stormwater and help control flows from the site. tRANSPORtAtION Regional transportation facilities bounding the Bay Vista site include SR 3, Kitsap Way and Oyster Bay Avenue. SR 3 is a four-lane, north-south freeway serving Central Kitsap County. Kitsap Way is a five-to-seven lane, limited access, principal arterial that connects West Bremerton to Central Kitsap County (via SR 3). SR 3 and Kitsap Way intersect just northwest of the Bay Vista site. Access to the site is provided by Oyster Bay Avenue, Sinclair Drive, Arsenal Way and Sand Dollar Drive. Kitsap Transit provides public transit service to the City of Bremerton. Routes No. 24 and 26 serve the Bay Vista site, with stops along Kitsap Way (Route 24), at the Firs Apartments on Russell Road (Route 26) and within the Bay Vista site. Service on both routes has one-hour headways. Kitsap Way has a designated bicycle lane, wide shoulders, raised sidewalks on both sides, and painted crosswalks with pedestrian call buttons. The City of Bremerton has recently upgraded or added new accessible ramps at various intersections along Kitsap Way. A mid-block pedestrian crossing is located east of Oyster Bay Avenue. Oyster Bay Avenue includes raised sidewalks on one side of the street. Two intersections of Kitsap Way – at Oyster Bay Avenue and Pershing Avenue – have relatively high accident rates (based on the last three-year average) Existing levels of service at major intersections meet City of Bremerton standards. Those experiencing the highest delays are Kitsap Way at Marine Drive, and Kitsap Way at the SR 3 southbound ramps. CRItICAL AREAS The Bay Vista site does not contain wetlands or streams, based on preliminary analysis. These resources are presently adjacent to the site, however, and on-site activities (e.g., stormwater runoff) will need to be managed to protect off-site water quality and habitat. The site’s trees and vegetation provide a valuable environmental and visual amenity, but do not provide habitat for designated threatened, endangered or sensitive species. Critical aquifer recharge areas are not present. Some steep slopes do occur and will be addressed through site planning consistent with City requirements. 14 December 2012section III : Sub-Area planSUMMARy OF OPPORtUNItIES AND CONStRAINtS Based on natural features, site location and expressed public and private planning objectives, the Bay Vista site possesses significant opportunities for redevelopment. There are also a number of constraints that will be addressed through the sub-area planning and master planning processes. • The site’s topography is varied and dramatic. Three high points within the site will most likely create beautiful views towards Oyster Bay. • Bay Vista is bounded by State Road 3 and Kitsap Way. These two primary roads carry high volumes of traffic, which creates a perceptible level of noise within the site. • A five-minute walking distance (quarter-mile radius) is often used as a benchmark for planning traditional neighborhoods. Most of the site, and portions of the planned Oyster Bay Neighborhood Center commercial area (along Kitsap Way), are within convenient walking distance and are accessible from the surrounding community. Bay Vista residents will provide economic support for on-site and off-site services. • The site is not significantly constrained by critical areas (e.g., wetlands, streams, fish and wildlife habitat, aquifer recharge areas). It does contain some steep slope areas that will need to be stabilized and carefully engineered. Figure 2 – Opportunities and Constraints Diagram bay vista 15 section III : Sub-Area plan• Some mature landscaping and significant trees are present on the site in the Preserve. These features are valuable amenities and provide opportunities for integration into a system of parks and open space. B. suB-area Plan Vision, goals and oBjeCtiVes The vision of the Bay Vista Sub-Area Plan is to provide a modern, mixed-use, mixed-income, pedestrian- friendly and amenity-rich neighborhood for residents, neighbors and visitors. Redevelopment will create a particular kind of place, one that provides space for the community to gather and interact. Streets, plazas and other public spaces will all be designed with the care and attention to detail required to make them function as outdoor public “living rooms” of the new Bay Vista. The pedestrian-oriented design is reflected in a clearly defined “main street”, small-scaled blocks, and pedestrian-scale buildings on landscaped streets. Public art parks, and stands of significant trees also contribute to this definition. The Sub-Area Plan’s overall goals and objectives include the following: 1. Promote a Mixed-use, Mixed-income Neighborhood • Promote a livable, walkable community through traditional neighborhood-making principles • Provide a varied set of housing and lot types to promote a mixed-income neighborhood • Encourage development of new neighborhood retail along Arsenal Way and at the intersection of Kitsap Way and Oyster Bay Avenue • Connect to and re-use existing infrastructure where appropriate 2. Create a Pedestrian-oriented Environment • Conceal retail parking to enhance the public realm for pedestrians along the street • Improve pedestrian and bicycle connections within and outside of the Bay Vista site • Encourage the use of public transit • Provide and enhance trails through existing wooded and landscaped areas 3. Maintain and enhance existing view landscape and corridors • Take advantage of views north to Oyster Bay • Maintain and enhance trees and landscape along the south side of Kitsap Way and in the Preserve • Develop public neighborhood parks and greens adjacent to existing landscape features and views 16 December 2012section III : Sub-Area plan4. Enhance the civic realm and create more usable public open spaces. • Provide outdoor amenities • Create smaller pocket parks throughout the neighborhood to promote walkability and security • Improve and create parks and civic spaces 5. Promote economic development through provision of commercial activities and services. • Develop a Village Center that will provide local jobs, help finance redevelopment of the site, and generate revenue to the City. • Provide a full range of services to meet the everyday needs of local residents. 6. Integrate low impact development approaches into the site master plan where possible and practical. • Reduce street widths where appropriate to help reduce impervious surfaces • Maintain and integrate open space into the site plan • Investigate stormwater design that uses bioswales and infiltrates stormwater where appropriate • Use pervious asphalt where soil conditions permit OPEN SPACE GOALS • Create parks that enhance the community and encourage and support social interaction. • Create open spaces easily accessible to residents. • Create parks that appeal to a wide range of age groups. A diversity of park types should be established to offer a diversity of passive and active uses. • Use the ‘eyes-on-the-park’ to create safe active environments. Lighting, layout and visibility are key factors in the design of active parks. Provide trash and recycling bins for the parks that meet the needs of the users. • Use resilient materials that reduce maintenance costs. • Increase community participation through direct access for residents from their homes to adjacent parks. • Create public viewing areas. • Provide for an urban trail through the natural area and along Kitsap Way. • Provide for wildlife through preservation and enhancement of the natural area. Bay Vista’s landscape will also serve to enhance the site’s architecture and relate to the local environment. The topography of the site allows for varied relationships of architecture and landscape, which will help distinguish sub-neighborhoods from each other. Open and accessible outdoor spaces and convenient seating will encourage human interaction and create a safe and visible environment for children. Pedestrian bay vista 17 section III : Sub-Area planscale lighting will enhance the streetscape, alleys and parks. Narrower streets will calm traffic and protect pedestrians. C. suB-area Plan elements The Bay Vista Sub-Area Plan addresses the following elements: 1. Land Use, including the master site plan map and identification of major land uses. 2. Housing, including the expected number of for-sale, rental, market-rate and low-income units; and planned densities. 3 Open Space, landscaping and amenities. 4. Roads and Infrastructure, including vehicular and non-vehicular circulation systems, storm water management, and site utilities. Bay Vista will be a mixed-use, mixed-income community drawing on the best of traditional neighborhood design and the rich history of Bremerton, while employing modern amenities and taking advantage of the topography, landscape and views. The intent is to build a warm community, where neighbors interact and walk on beautiful tree-lined residential streets, and where pedestrian circulation is emphasized. The areas of the site where retail is proposed will be designed to be lively and energized. The Land Use Plan is loosely based upon a grid of interconnected streets that provide multiple routes to any destination. This configuration allows easy pedestrian and vehicular circulation throughout the neighborhood by spreading out traffic loads. Sidewalks, street trees, and appropriately scaled street lights and furniture will provide richly detailed streetscapes. A unique sense of place will be created through the arrangement of vibrant public spaces, a clear hierarchy of pedestrian-friendly streets, a balanced program of residences, retail services, offices, community buildings and spaces, as well as an architecture that responds to the northwest vernacular. Buildings that line public spaces will enclose and frame the public realm, and connect to one another at the scale of the pedestrian. Foremost, Bay Vista will be a residential community, offering numerous types, styles and sizes of residential units types, at varying densities, to meet the community’s housing needs and to accommodate a spectrum of income groups. The heart and center of the community will be the Bay Vista Preserve, a large open space that will provide opportunities for active recreation and passive enjoyment of significant vegetation. Residential neighborhoods will line the park. Smaller parks and open spaces will be located throughout Bay Vista’s neighborhoods and plazas, and more “urban” spaces will be co-located. Different land uses will be arranged compatibly in distinct neighborhoods, and in mixed-use buildings, some of which will have plazas and other urban open spaces. The site’s more intensive land uses including larger high density residential buildings, and a retail/ commercial village – will be located along the site’s outer edges, closer to (but buffered from) major arterials. All of the site’s activities, however, will be within a convenient walk or bike ride via Bay Vista’s system of paths and trails. 1. LAND USE The general arrangement and location of land uses in Bay Vista are shown in Figure 4, which indicates the planned, general locations of proposed land uses. Mix of Land Uses The planned mix of land uses will create a vibrant, attractive and functional community. Residential uses including single-family attached and detached in a variety of designs, and multi-family will predominate. Retail and service uses will also be provided to meet the everyday needs of residents; these activities will support the more diverse, larger scale commercial activities occurring along Kitsap Way, in the designated Oyster Bay Neighborhood Center. Retail/commercial and residential may occur in mixed- use buildings. More intensive and larger-scale land uses (retail, commercial, and larger multi-family buildings) will generally be located closer to the site’s boundaries, transitioning to residential and open space uses in more central portions of the site. Density The allowable gross density based on preliminary 18 December 2012section III : Sub-Area planVILLAGE COMMERCIAL MULTI-FAMILY/ SENIOR HOUSEING OPEN SPACE PARKS MULTI-FAMILY/MIXED USE RESIDENTIAL FIGURE 4 - LAND USE PLAN LEGEND PUBLIC FACILITY Figure 4 – Land Use Plan bay vista 19 section III : Sub-Area planplat approval is approximately 12 dwelling units per acre. Individual projects must be within the range that is specified for the type of residential unit in the Sub-Area Plan’s development standards. Variations in density are anticipated throughout the site, subject to the limits in the development standards. 2. HOUSING Housing Program Bay Vista will include a mix of for-sale and rental units, and market-rate and public/low-income units. Low-income units will be developed at Bay Vista and will include a mix of residential housing types. 3. OPEN SPACE AND PARkS Approximately 15 acres of the Bay Vista site will be devoted to various types of parks and open space. As shown on Figure 4, open space and parks will be distributed across the site. Together, they express Bay Vista’s environmental sensitivity, its desire to enrich the health of the community and the individual, and to establish the character of the neighborhood. Landscaping and preservation efforts also offer opportunities for education. School and conservation programs, community work parties and stewardship opportunities will involve residents in preservation and enhancement of their natural environment. Native wildlife will also provide a vital connection with the environment. The Bay Vista Preserve is an approximately 10 acre natural open space that will be preserved in a natural condition. The BHA has conducted a tree survey to identify all significant trees. Low impact trails and limited improvements will also be considered. 4. ROADS AND INFRAStRUCtURE Roads & Pedestrian Circulation Bay Vista’s thoroughfare system – streets, sidewalks and pedestrian paths, shown in Figure 4, is a fundamental element in site design, and will connect areas of the community to each other and to the surrounding neighborhood. The street design promotes pedestrian circulation, while maintaining automobile access for residents and visitors. The street layout provides multiple paths to each home and business, and reduces congestion by distributing traffic across the site. The design and dimensions of major types of streets are addressed in Section IV of the plan, "Zoning & Development Standards." In general, streets utilize narrower widths to reduce impervious area and to slow vehicle speed. Alleys are used for access to private parking for automobiles to preserve the desired pedestrian-orientation of the streetscape and front façades of residential structures. Basic streets types include the following: Neighborhood Streets – One-lane or two-lane roads (varying among neighborhoods) with on-street parallel parking. Sidewalks of varying width are provided on both sides of the street. These streets are lined with trees and include landscaping between the street and Table 1 – Bay Vista Land Use Land Use Zone Area (acres)Maximum Density Multi-family/Mixed Use 11 Up to 65 d.u./acre Multi-family/Senior Housing 6 Up to 65 d.u./acre Village Commercial 14 N/A Open Space 15 N/A Residential 21 Up to 38 d.u./acre Streets 16 N/A t O tAL 83 Up to 12 d.u./acre Notes: (1) See table A-1 for density and dimensional standards. 20 December 2012section III : Sub-Area planthe sidewalk. Bay Vista Boulevard – Provides access to the regional transportation system, is designed as a wider, tree-lined street with two traffic lanes, on-street parking and sidewalks on both sides. Alleys – Provides access to garages for parking and for deliveries and services for Single- Family Attached, Single-family Detached, and other unit types. Pedestrian Paths and “Green Streets” – These are separate from vehicle traffic and provide pedestrian- only between Bay Vista streets, connections between Bay Vista neighborhoods, parks and open spaces, retail activities and services. These paths will also connect to the off-site regional trail system. Infrastructure Bay Vista will be redeveloped with all new utilities and infrastructure, including sewer and water systems and stormwater management. Stormwater systems will include water quality treatment, which is not currently provided on the site. Low Impact Development (LID) approaches for stormwater management, including the use of pervious pavement in some street sections are being pursued in preliminary engineering and design. If feasible economically and geotechnically, this approach could increase infiltration of stormwater, recharge of groundwater, and could potentially reduce runoff below existing levels. Upgrading of the existing Oyster Bay outfall may not be necessary, in this case, to accommodate flows from Bay Vista. d. future CHanges to tHe suB area Plan The Bay Vista Master Plan and Sub-Area Plan are evolving documents and will change incrementally over time in response to changing regional economic conditions, and to ongoing planning, design, environmental review, public involvement and local decision-making. A degree of flexibility is inherent in large-scale, phased master plans; this flexibility is desirable to provide the ability to respond to changes in demographic, economic and market patterns over time. The initial Sub-Area Plan map, adopted in 2007, reflected the conceptual master plan for the site at that time and stage of planning. Some proposed land use designations allowed flexibility in uses, and contemplated that changes could be proposed in the future. For example, it was recognized that Bay Vista’s on-site population and financial requirements could support and/or require additional compatible retail development on the Bay Vista site. Additional retail development was incorporated in the revised Master Plan and Sub-Area Plan. Any significant changes to the conceptual land use map requires thorough consideration through a public review process, including review and action by the Planning Commission and City Council to amend the Comprehensive Plan. Appropriate environmental analysis is also required. Any changes also need to be consistent with the Sub-Area Plan’s goals and development standards. Such changes were proposed in 2008 to modify the Sub-Area Plan's boundaries, increase the number of residential units slightly, and to increase the size and intensity of on-site commercial uses. bay vista 21 section IV : ZONING & DEVELOPMENT REGULATIONSa. land use zones This section of the Sub-Area Plan contains the zoning and development standards that will guide the redevelopment of Bay Vista and will implement the requirements of the site’s zoning designation. The standards address the following elements: Land uses/zones, including density, height, setbacks, building coverage and impervious surface coverage; • General development standards; • Building design; • Streets, sidewalks and driveways; • Parking; • Landscaping; • Parks and open space; • Signs. Design standards are reviewed for conformity by the ARC, as discussed in Sec. III. The current zoning classification for the Bay Vista site is Master Development (MD) [Chapter 20.80 BMC]. The MD zone is applied to sites envisioned for large- scale planned development. These proposals must meet a public need and provide a community benefit, such as redeveloping “blighted” areas or providing affordable housing opportunities. Projects may be proposed by public entities or public-private partnerships, and should result in innovative development. Proposals in the MD zone are required to prepare a Master Development Plan (MDP), which includes standards for development of the site, including uses, density, setbacks, lot coverage and heights. Other required components of an MDP, which are addressed in these regulations, include the following: • An open space plan that protects natural resources and provides recreational opportunities; • Site edge design that is compatible with adjacent uses and densities; • Streetscapes that include amenities, (street trees, planting strips, benches, street lighting, etc.) and other design features that make streets interactive, walkable and enjoyable; • A general landscape plan, including preservation of significant trees where possible; • Adequate off-street parking, which may modify standard requirements if a parking study demonstrates no impact on adjacent properties. 1. LAND USE & DIMENSIONAL StANDARDS Land uses within Bay Vista and applicable dimensional standards are identified in Table A-1, Density and Dimensional Standards and Figure A-2, Land Use Map. 2. RESIDENtIAL Intent: The intent of the residential (R) zone is to accommodate a variety of housing types at varying densities consistent with creation of a mixed-income, mixed-use pedestrian-oriented community. Housing types may include single-family attached and detached in a variety of styles. Multi-Family housing may also occur in mixed-use buildings. Residential standards shall be in accordance with the standards of BMC 20.60 with the following additions and/or revisions: i. Permitted Uses and Density a. Permitted Uses (i) Provided that they are consistent with the intent of the Zone, all uses are permitted outright, provided that the Development Standards specified in Section IV are satisfied. The applicant shall bear the burden of proving that a proposed use achieves the stated intent of the particular zone. b. Use Definitions (i) Definitions of the specific land uses are found in BMC Chapter 20.40. c. Decision Authority (i) A use determination made by the Director may be appealed to the Hearing Examiner iV - Zoning & de VeLopment reguLAtions 22 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSVILLAGE COMMERCIAL MULTI-FAMILY/ SENIOR HOUSEING OPEN SPACE PARKS MULTI-FAMILY/MIXED USE RESIDENTIAL FIGURE 4 - LAND USE PLAN LEGEND PUBLIC FACILITY Figure A-2 – Land Use Plan bay vista 23 section IV : ZONING & DEVELOPMENT REGULATIONSfollowing a Type II decision process as set forth in BMC Chapters 20.02 and 20.40 ii. Dimensional Standards: Standards for height, setback, yards, building coverage and site coverage shall be consistent with Table A-1. iii. Public Space Requirements the following public space requirements to residential development: a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. b. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. iv. Development Standards: a. Residential building density, height, yards/setbacks, building coverage and site coverage, shall be consistent with the standards in Table A-1. b. Garages & Integral Garages: (i) Integral garages incorporated into residential structures should not face the street, except for lots not served at the rear by alleys. Where garage doors facing the street are permitted, they should be set back from the front facade, and should contain at least 25% glazing. Driveways shall be a minimum length where any vehicle parked in front of the garage shall not protrude onto the sidewalk. c. Landscaping: Landscaping shall meet the requirements of Subsection G of these regulations. d. Building Orientation and Design Elements: (i) Residential: When located at block corners, buildings shall have two primary facades (composed of the same materials) that are oriented to the two streets. v. Fire Protection Systems: Due to the road widths proposed in this plan, all residential units shall be protected by a fire-sprinkler system. vi. Lot Standards a. Residential: minimum lot width shall be 30 feet. 3. MULtI-FAMILy/MIxED USE Intent: The intent of the Mixed-Use (Multi-Family/ Senior Housing) zone is to further the goal of creating a traditional, mixed-use pedestrian-oriented community by allowing a complementary mix of residential and non-residential uses to locate within the same building or stand alone multi family buildings. Mixed-Use standards shall be in accordance with the standards of BMC 20.66 with the following additions and/or revisions: i. Permitted Uses and Density: a. Provided that they are consistent with the intent of the Zone, all uses are permitted outright except those uses listed prohibited in Section IV.A.3.ii, and provided that the Development Standards specified in Section IV are satisfied. The applicant shall bear the burden of proving that a proposed use achieves the stated intent of the particular zone. ii. Prohibited Uses: The following uses are prohibited: a. Adult entertainment b. Automobile sales c. Light and heavy industrial/manufacturing uses iii. Dimensional Standards a. Standards for setback, yards, building coverage and site coverage are indicated in Table A-1, Density & Dimensional Standards. iv. Public Space Requirements a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. b. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture. c. Delineate pedestrian areas through the use of different paving materials, scored paving surfaces, built-in planters, landscape areas and freestanding site furniture. v. Development Standards Site development shall be in accordance with the standards of BMC 20.66.060 with the following 24 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSadditions and revisions: a. Buildings should be arranged to facilitate integration and use of plazas, courtyards, and greens. b. Sites should be designed to create an identifiable pedestrian urban character. Methods to achieve this concept include: (i) Providing well-defined pedestrian walkways or circulation from parking areas, public sidewalks, and building/shop entrances throughout the site. (ii) Designing surface parking areas to avoid long rows of uninterrupted parking. (iii) Where possible, sites shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas. c. Outdoor lighting standards The following standards apply to all uses and development within this zone: (i) Except for intermittent security lighting on motion detectors, all lights more than seven feet above the ground shall be directed downward and have high cut-off light angles. (ii) Large areas may be lit with a number of low- intensity sources close to the area requiring illumination. Illumination of a large area with a remote single source of light shall be prohibited. (iii) Lighting shall not be cast beyond the premises and shall be limited to illumination of surfaces intended for pedestrians or vehicles. Illumination of landscaped areas shall be avoided unless the landscaped area is immediately adjacent to the building. (iv) Pole lights shall be no taller than 25 feet above a 36-inch base in parking lots, traffic areas, or pedestrian areas. d. Site furnishings: Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhance and complement the commercial functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. The following requirements will assure consistency in site furnishing design and are applicable to all non-residential uses. The following standards shall apply: (i) Utilize lighting, free- standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces. (ii) Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety. (iii) Site furnishings should be a commercial-grade designed for heavy public use. 4. VILLAGE COMMERCIAL Intent: Promote attractive, unified, and viable commercial businesses that serve the needs of the community and provide jobs. Emphasize pedestrian activity, safety and security while still providing for drive thrus adequate auto and truck access. i. Permitted Uses: a. Provided that they are consistent with the intent of the Zone, all uses are permitted outright except those uses listed prohibited in Section IV.A.4.ii, and provided that the Development Standards specified in Section IV are satisfied. The applicant shall bear the burden of proving that a proposed use achieves the stated intent of the particular zone. b. Use Definitions: (i) Definitions of the specific land uses are found in BMC Chapter 20.40. c. Decision Authority: (i) A use determination made by the Director may be appealed to the Hearing Examiner following a Type II decision process as set forth in BMC Chapters 20.02 and 20.40 ii. Prohibited Uses: a. The following uses are prohibited: (i). Adult entertainment (ii). Automobile sales (iii). Light and heavy industrial/manufacturing uses iii. Dimensional Standards a. Standards for setback, yards, building coverage and site coverage are indicated in Table A-1, Density & Dimensional Standards. iv. Public Space Requirements a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. bay vista 25 section IV : ZONING & DEVELOPMENT REGULATIONSb. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture. c. Delineate pedestrian areas through the use of different paving materials, scored paving surfaces, built-in planters, landscape areas and freestanding site furniture. v. Development Standards Site development shall be in accordance with the standards of BMC 20.66.060 with the following additions and revisions: a. Buildings shall be arranged to facilitate integration and use of plazas, courtyards, and greens. b. Sites shall be designed to create an identifiable pedestrian urban character. Methods to achieve this concept include: (i) Providing well-defined pedestrian walkways or circulation from parking areas, public sidewalks, and building/shop entrances throughout the site. (ii) Designing surface parking areas to avoid long rows of uninterrupted parking. (iii) Where possible, sites shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas. c. Outdoor lighting standards The following standards apply to all uses and development within this zone: (i) Except for intermittent security lighting on motion detectors, all lights more than seven feet above the ground shall be directed downward and have high cut-off light angles. (ii) Large areas may be lit with a number of low- intensity sources close to the area requiring illumination. (iii) Lighting shall not be cast beyond the premises and shall be limited to illumination of surfaces intended for pedestrians or vehicles. Illumination of landscaped areas shall be avoided unless the landscaped area is immediately adjacent to the building. (iv) Pole lights shall be no taller than 30 feet above a 36-inch base in parking lots, traffic areas, or pedestrian areas. d. Site furnishings: Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhance and complement the commercial functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. The following requirements will assure consistency in site furnishing design and are applicable to all non-residential uses. The following standards shall apply: (i) Utilize lighting, free- standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces. (ii) Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety. (iii) Site furnishings should be a commercial-grade designed for heavy public use. vi. Building Orientation and Design Elements a. Blank walls shall not face streets, unless modulated or landscaped. b. For surface development buildings may generally follow the alignment of the streets they front. vii. Architectural Building Elements and Character Design Intent: To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building. The design character of an individual building should be compatible (share similar features such as color, scale, massing, width, setback and height and use) with its commercial neighbors on either side and across the street or plaza. a. Building Scale: Design Intent (i) To provide a consistent architectural scale throughout, which is appropriate to a pedestrian environment. (ii) To create a concentration of buildings near the plaza and along the street. (iii) To achieve an inviting and interesting set of buildings with distinctive character. (iv) To ensure that the buildings present a varied response to streets and public spaces. (v) To create strongly identifiable elements and Land Use/ Zone Density (Net dwelling units (d.u.) per acre) Maximum Height Front Yard (Building Setback) (1)(ft) Side Yards (ft) (1,2) Rear Yards: d.u. or commercial space / garage (ft) (2,3) Maximum Building Coverage (4) Maximum Site Coverage (5) Residential Up to 38 d.u./acre 30 feet 10 (6)5 5/2 90%95% Mixed Use/ Multi-Family/ Senior Housing Up to 65 d.u./acre; + up to 7,500 SF of non-residential use permitted on the ground floor facing public street 65 feet 0 0 5/2 90%100% Village Commercial N/A 65 feet 0 0 0 90%95% (1) Corner lots shall have two (2) front yards and only one (1) side yard. (2) Side and rear yard setbacks are subject to additional requirements contained in subsection 5.B. Development Standards. (3) Where garage is attached or integral to a dwelling unit, and there is no rear yard, the minimum rear yard setback shall be five (5) feet for dwelling space, and two (2) feet for garage. Across an alley the distance between facing garages shall be 24 feet minimum. A deck that does not exceed thirty (30) inches in height above the finished grade may encroach within the rear-yard setback area to within three (3) feet of the property line. (4) Includes all area covered by structures and roofs, except roof overhangs of 2 feet or less. (5) Includes area covered by structures and roofs, as defined above, and all impervious site materials. (6) Additional front yard setback as required by utility provider. 26 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSTable A-1 – Density and Dimensional Standards bay vista 27 section IV : ZONING & DEVELOPMENT REGULATIONScivic gathering places that encourages a sense of community and a sense of place. (vi) To encourage use of good quality materials with low maintenance life-cycle cost. b. Building Modulation and Articulation (i) Building street façades or walls facing pedestrian plazas should be modulated to break down the scale and have the varied look of multiple buildings. (ii) Building masses and edges along the street or facing pedestrian plazas shall be articulated with windows, entryways and vertical and horizontal elements that provide interest. (iii) Modulation and articulation may be accomplished in a number of ways, including: (a) The stepping back or projection of a portion of the facade. (b) Include significant building elements, such as balconies, bay windows, porches, stoops, pergolas, arcades, canopies or other pedestrian weather-protection elements, towers, turrets, entry areas, etc. (c) Building focal points, which include distinctive entry features, etc. (d) Articulation of the roofline and/or manipulating roof forms using gable-ends or dormers. (e) Changing materials and/or colors. c. Articulate aspects of building function and design through treatment of windows, doors, enhanced entryways, corners with special trim, molding or glazing; decorative building materials, such as tile and metal work; balconies at upper stories; multiple-paned windows; decorative railings, grillwork or landscape guards; landscape trellises; or decorative light fixtures. viii. Building Roof a. Flat roofs and sloped roofs are allowed. If flat roofs are used, cornices or projections are encouraged to delineate roof edges and help with building modulation. b. Roof mounted mechanical equipment (HVAC) shall be screened from view with structural elements or screens constructed of materials and details compatible with those used in the building. ix. Architectural Building Materials Intent: To enhance the quality of both individual buildings and the commercial center streetscape as a whole. To encourage the use of traditional forms, details, and good quality low maintenance materials with low life cycle costs. a. The materials of building elements such as roofs (where exposed to view), exterior walls, trim, and other miscellaneous elements, should be durable yet should also possess an enduring commercial character. b. The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete, masonry, brick, ornamental steel, metal panels, wood or cementitious siding). x. Service Areas Intent: To screen service and utility elements from view while providing efficient service areas. a. Building service elements and utility equipment shall be contained within the building envelope to the extent practical so as not to physically encroach on or visually impact public pedestrian areas. b. All on-site service areas, loading zones, waste storage, recycling collection, disposal facilities, transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space. If this is not possible, then the service area, loading zone, or storage area must be screened from public view. Acceptable screening includes: (i) Materials matching or compatible with the adjacent building wall. (ii) An opaque landscape hedge or other screening device as approved by the City. Chain link fencing with/without slats is not permitted. (iii) Service/utility areas or enclosures shall not be located in or be visible from the public plaza or courts. 5. OPEN SPACE Intent: The intent of the Open Space (OS) zone is to recognize those areas, whether public or private, that are intended to be maintained and used for active or passive open space, parks, recreational activities or tree preservation. Such areas may include squares or plazas that are integrated into intensively developed portions of the site. i. Permitted Uses & Density: a. Parks and open spaces used for active recreation and/ or passive enjoyment, including developed recreational facilities 28 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSb. Squares or plazas c. Trails, pervious or impervious, for non-motorized use d. Schools and playgrounds e. Maintenance facilities not exceeding 500 square feet f. Maintenance of trees, vegetation, and landscaping h. Irrigation systems i. Benches, picnic tables, pergolas, & similar amenities j. Fountains, sculpture and artwork k. Stormwater management facilities l. Utilities and utility structures m. Interpretive signs and displays iii. Bay Vista Preserve Management Plan. A management plan will be prepared for this significant open space. The plan will be developed with community input and will address vegetation management, selective thinning to remove unhealthy trees and invasive species, and the appropriate types of improvements. 6. PUBLIC FACILIty Intent: The intent of the Public Facility zone is to provide an environment for services and facilities predominantly operated by public agencies and serving a community need. The Public Facility zone ensures a well-planned complex with attention to landscaping and architectural features. i. Permitted Uses, Design & Development Standards: a. Shall be in accordance with BMC 20.90 including setbacks, height restrictions and development coverage, unless allowed for by law otherwise. b. This zone is exempted from the Bay Vista Architectural Review Committee (ARC) and shall be reviewed by the City for compliance for design criteria. B. general deVeloPment standards General Development Standards shall be in accordance with the standards of BMC 20.44 and 20.46 with the following additions and/or revisions: 1. FENEStRAtION The following additional architectural requirements apply to Village Commercial along Bay Vista Boulevard: i. Streets and windows shall have a maximum sill height above the ground or sidewalk of 36 inches. 2. BUILDING HEIGHt i. Building height is defined as the distance from the average finish grade at the façade to the highest point of a flat roof, or midpoint of the sloping surface of a pitched roof. Refer to Figure B-1. ii. tower elements, not more than 300 square feet in footprint, may exceed the maximum building height by 12 feet. 3. BUILDING SEtBACKS i. Refer to table A-1 Density & Dimensional Standards. bay vista 29 section IV : ZONING & DEVELOPMENT REGULATIONSC. streets, sidewalks and driVeways 1. StREEt StANDARDS Bay Vista’s circulation system – streets, sidewalks and pedestrian paths – is an important element in site design and providing connectivity on and off-site. The locations of streets by type are shown in Figure D-1, Thoroughfare Map. Streets, driveways and sidewalks shall be constructed using the standards described below and shown in Figure D-2, Street Sections. Street Standards shall be in accordance with the standards of BMC Title 11 with the following additions and/or revisions: i. Street Section 1 a Description: Two-lane streets with on-street parking, sidewalks and trees on both sides. Connects neighborhoods within Bay Vista. b. Standards: (i) Total right-of-way: 45-58 feet (ii) Travel lane: (2) 8-11 feet wide (iii) On-street parking (one & two sided): 7 feet wide (a) On-street parking optional within village commercial area. (iv) Sidewalks: 5 feet wide (v) Planting strips/swale: (a) Six feet wide (including half-foot curb) on each side. (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G "Landscape Standards." (c) Optional single swale on one side: 11 feet wide with 6 feet wide sidewalk on opposite side of street. Option provided to allow flexibility in storm drainage and streetscape design. c. Lighting: (i) Ornamental street lights shall be used per Section J8. ii. Street Section 2 a. Description: Two-lane streets with on-street parking, sidewalks and trees on both sides. Connects neighborhoods within Bay Vista. b. Standards: (i) Total right-of-way: 47-52 feet (ii) Travel lane: (2) 8-9 feet wide (iii) On-street parking (one & two sided): 7 feet each side (iv) Sidewalks: 5 feet wide (v) Planting strips/swale: (a) Six feet wide (including half-foot curb) on each side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G “Landscape Standards." c. Lighting: (i) Ornamental street lights shall be used per Section J8. iii. Street Section 3 a. Description: A commercial street with two traffic lanes, on street parking, sidewalks and trees on both sides. b. Standards: (i) Total right-of-way: 54 feet (ii) Travel lanes: (2) 9 feet wide (iii) On-street parking (both sides): 7 feet each side (iv) Sidewalks: 5 feet wide (v) Planting strips: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G “Landscape Standards.” iv. Street Section 4 a. Description: A two-lane street with on-street parking, sidewalks and trees on one side. b. Standards: (i) Total right-of-way: 34.5-36.5 feet (ii) Travel lanes: (2) 8-9 feet wide (iii) On-street parking (one side): Seven feet wide (iv) Sidewalk: 5 feet wide (v) Swale: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the 30 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSend of Subsection G “Landscape Standards.” v. Street Section 5 a. Description: A two-lane street with on-street parking, sidewalks on both sides and trees on one side. b. Standards: (i) Total right-of-way: 46.5 feet (ii) Travel lanes: (2) 8 feet wide (iii) On-street parking (both sides): 7 feet wide (iv) Sidewalk: 5 feet wide (v) Swale: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G “Landscape Standards.” vi. Green/Pedestrian Streets a. Description: Landscaped pedestrian paths that connect Bay Vista neighborhoods, parks and services. b. Standards: (i) Minimum Width: 8 feet (ii) Sidewalks: Shall have a maximum width of 4 feet (iii) Planting strips: Shall have a minimum width of two feet (both sides) vii. Alleys a. Description: Alleys provide access to for private automobile parking, either in garages or on grade, and for deliveries and services for specified types of units. b. Standards: (i) Total right-of-way (garage face to garage face): 24 feet. (ii) Travel lane: 14 feet (iii) Planting strips (both sides): 3 feet c. Alley entrances shall not be located along streets that bound on a public green space. d. The alley entrance should be a minimum of 55 feet from an intersection measured from the perpendicular right-of-way line of the cross street. e. Driveway Entrances (i) Standards: Private driveways shall only be allowed when there is no automobile access from an alley. (ii) Where driveways are allowed, the entrances shall not be located on streets that border a public open space along streets that do not front on a public green space. (iii) The driveway entrance should be a minimum of 55 feet perpendicular right-of-way line of the cross street. (iv) All driveway aprons shall be paved with concrete. bay vista 31 section IV : ZONING & DEVELOPMENT REGULATIONSd. low imPaCt deVeloPment 1. INCLUSION OF LOW-IMPACt DEVELOPMENt (LID) Buildout of the Bay Vista Sub-Area Plan shall incorporate LID to the greatest feasible extent, while also recognizing that site, topography, soils and other conditions may limit the inclusion of LID techniques for stormwater. The development team shall apply good faith efforts, explore and seek to include LID measures. In its review of preliminary plat engineering and design the City may impose conditions to reasonably accommodate LID while also recognizing site-specific limitations. Inclusion of all LID shall fit within the land use framework established in this Sub-Area Plan. 2. DESIGN Design of LID techniques such as rain gardens, pervious pavements etc. shall be in accord with the design criteria of the Washington State Department of Ecology's Low Impact Development Technical Guidance Manual for Puget Sound or the City of Bremerton Public Works and Utilities Department. 3. FLOW CREDItS LID techniques are intended to reduce the amount of stormwater runoff required to be handled with treatment and conventional flow control facilities. The City of Bremerton shall grant Flow Credits for all LID techniques included in Bay Vista. Flow Credits are reductions to the volume of stormwater runoff the City requires to be handled with conventionally engineered facilities. Flow Credits shall be determined per the modeling methods described in Chapter 7 of the Washington State Department of Ecology's Low Impact Development Technical Guidance Manual for Puget Sound or the City of Bremerton Public Works and Utilities Department. e. Parking standards Intent: Assure that sufficient space is provided for the parking, loading and unloading of motor vehicles. Provide minimum and maximum standards of space and parking arrangements, and for the movement of motor vehicles into and out of such spaces. Encourage the creation of an aesthetically pleasing and functionally adequate system of off street parking and loading facilities. Parking shall be provided in accordance with BMC 20.48 with the following exceptions and modifications: 1. GENERAL REQUIREMENtS i. Off-street parking spaces and driveways shall be used for the temporary storage of motor vehicles used by persons visiting or having business to conduct on the premises for which the parking is provided. ii. Parking space required and intended for use by occupants or users of specific premises shall not be leased or rented to others, nor shall such space be made unavailable through other means to the users for whom the parking spaces are intended. this, however, does not preclude shared parking arrangements or other activities approved by the city iii. Except where specifically permitted in certain zoning designations, off-street parking spaces shall not be used for loading or unloading of commercial vehicles larger than those vehicles for which the parking spaces are intended. iv. Structured parking, not including private single- and two-car garages, shall not be allowed with the exception of the high density apartment parcels. Structured parking shall be located behind liner buildings of appropriate allowed uses as described elsewhere in this document. v. Off-street parking space dimensions shall be as follows: a. Compact spaces shall be a minimum of 7.5 feet wide; b. Standard spaces shall be a minimum of 8.0 feet wide; c. Standard spaces shall be a maximum of 10.0 feet wide; 32 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSd. Compact spaces shall be a minimum of 15 feet in length. Standard spaces shall be a minimum of 18.0 feet in length; up to 2.0 feet may overhang curb or wheel stops. e. Exceptions to the above minimum dimensions shall be granted for handicapped accessible spaces. Applicable state and federal codes and requirements for accessible parking spaces shall supersede any requirements herein. vi. Parking and loading areas shall be graded for proper drainage and provided with a suitable surface, as approved by the city engineer. vii. All driveways and areas used for loading, parking and maneuvering motorized vehicles shall be paved. Gravel surfaces are not allowed. viii. Each parking or loading space must be usable and readily accessible. ix. Required parking and loading areas shall be provided with designated entrances and exits located so as to minimize traffic congestion and avoid undue interference with public use of streets, alleys and walkways. x. Parking and loading areas provided in accordance with the requirements of these standards shall not be used for the sale, repair, assembly or disassembly, storage or servicing of vehicles or equipment. Unlicensed and inoperable vehicles shall not be stored in any required parking or loading space. xi. If existing parking lots are re-striped, the new layout of the parking spaces shall be the same as the previous layout; or if changed, the changed layout shall conform to the existing dimensional requirements of this chapter. Automobile Spaces Bicycle Spaces Land Use Category Minimum Maximum Residential: Single Family/Duplex 1:d.u.2:d.u.N/A Single Family ADU 1:d.u.1:d.u.N/A Multi-Family 1:d.u.2:d.u.N/A Apartment 1:d.u.2:d.u.1:10d.u. Business/Commercial: Retail 3:1,000 g.s.f.5:1,000 g.s.f.1:5,000 g.s.f. Offices 3:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f. Restaurant 4:1,000 g.s.f. of seating area 5:1,000 g.s.f. of seating area 1:500 g.s.f. of seating area Medical/Dental 3.5:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f. Hotel/Inn 1:room 1.5:room N/A All Other Commercial Not Specified 3:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f. Educational 2:1,000 g.s.f.4:1,000 g.s.f.1:1,000 g.s.f. Community Facility 1:1,000 g.s.f.3:1,000 g.s.f.1:1,000 g.s.f. Table F-1 – Parking Requirements bay vista 33 section IV : ZONING & DEVELOPMENT REGULATIONS2. COMPACt CAR ALLOWANCE i. A maximum of 30 percent of the total required off- street parking stalls may be permitted and designated for compact cars in Village Commercial. ii. Each compact stall shall be designated as such. iii. Dimensions of compact parking stalls shall conform to the standards as depicted in this chapter. iv. the maximum compact car allowance may be exceeded if an applicant submits a vehicle composition study, relevant to the type of development, which demonstrates that a greater number of compact vehicles should be accommodated. 3. BICyCLE PARKING i. the required minimum number of bicycle parking spaces for each use category is shown on Table F-1. Bicycle parking spaces are meant to accommodate residents, employees, visitors, customers, messengers, and other persons. ii. Bicycle parking shall be located on site within 50 feet of well-used entrances and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking may be located within city right-of-way in areas without building setbacks, subject to approval of the director and provided it meets the other bicycle parking requirements. 4. OtHER REQUIRED PARKING SPACES i. Motorcycle Parking Requirements. Motorcycle spaces shall be required in non-residential areas only at a rate of 1 per 100 automobile spaces with a minimum of 1 motorcycle space provided. 5. DRIVE-tHROUGH StACKING REQUIREMENtS i. A stacking space shall be an area measuring 8 feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other required parking areas. Stacking space for drive-through or drive-in uses may not be counted as required off-street parking spaces. ii. For each drive-up lane a minimum of three stacking spaces shall be provided. iii. Stacking spaces serving businesses that are located adjacent to a less intensive zone than that in which the business is located, or are located adjacent to a public use area (such as a street, sidewalk, park, or trail) shall be landscaped to provide a buffer between the stacking spaces and the adjacent zone or public use. 6. StRUCtURED PARKING i. Structured parking shall be located behind the block perimeter buildings. Structured parking may also be located below buildings. ii. Structured parking shall be screened, except at the actual vehicular entry points and shall be screened. iii. Vehicular and service entries to garages shall be designed to look like a part of the building. iv. Parking garages: Parking garages with flat roofs may not exceed the height of the shortest building on the block when a flat roof is present on any building on the block, and parking garages with pitched roofs may not exceed the height of the shortest building on the block by more than one story. 7. ON-StREEt PARKING i. On-street parking shall count as visitor parking. Each 24 feet of curb length, excluding 5 feet on either side of a curb cut, shall count as one visitor parking space. 34 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSf. landsC aPe standards Intent: In addition to the significant parks and open space included in the Sub-Area Plan, the Bay Vista site will include significant landscaping with retained and new trees and vegetation. Landscaping will be focused along streets to enhance the pedestrian environment, along the site’s boundaries with arterials to provide screening, and adjacent to the commercial area to provide land use transitions. In some areas, such as the Bay Vista Village and Sinclair Square, hardscape and green features will be mixed. 1. GENERAL DEVELOPMENt StANDARDS i. Landscaping shall be provided in accordance with BMC 20.50 with the following additions and/revisions: ii. Landscaping shall be constructed using the standards described below. 2. PARkS AND OPEN SPACE General Requirements: The following types and amounts of parks and open space will be provided in Bay Vista: i. Active Open Space: a. Approximately 3-5 acres of land should be allocated for active open space. ii. Passive Open Space: a. Approximately 10-11 acres of land should be allocated for passive open space, with a natural/preservation area as the central element. A proposed park is leveraged on these features and will create a sense of arrival from two edges of the development as well as a view corridor of the greater Bremerton area. b. Tree Preservation Open Space: c. Approximately 3 acres of land should be allocated for tree preservation, which will protect a large expanse of second growth trees and a steep slope. This large forested area will provide an anchor to the natural environment, a regionally sensitive context for the neighborhood, and a signature identity for the community. d. Public Ways: A network of approximately 30,000 linear feet of sidewalks and paths should be allocated which will create a pleasant and convenient pedestrian environment. 3. LOCAtION AND DESIGN OF PARKS & OPEN SPACE The general locations of open space are shown on Figure 4, Land Use Plan. The design concept and development standards for on-site parks are described below. i. the Bay Vista Preserve will be a large, multi-faceted green space located in the center of the site. It will be focused primarily on the preservation and enhancement of the existing native area with passive recreation throughout and an area of active recreation at the south. It should contain the following: a. Walking paths. b. Recreation and community space. c. Defined by the large existing stand of trees and homes at its perimeter. d. The north area of the park will be dedicated to the preservation of native species, the central area will be a transition and planted with native plant species that draws the northwest character south. The south area will be the most active with open lawn accented by native plant species. e. Both existing and new native landscape. Existing areas shall be enhanced through the addition of native species and the removal of invasive species. The new areas shall be an opportunity to extend the native area and provide an area of successional planting. ii. Periwinkle Park is located on the eastern edge of Bay Vista, at Oyster Bay Road, and will serve as a multi- generational, multi-use park. It is intended to be an expression of the northwest through its layout and plant material. 4. tREE AND VEGEtAtION PRESERVAtION REQUIREMENtS i. Provide a tree survey conducted by an ISA certified arborist at the time of site plan permit application to bay vista 35 section IV : ZONING & DEVELOPMENT REGULATIONSSCREENING/BUFFER BIOSWALE EXISTING BUILDING OPEN SPACE EXISTING LANDSCAPE TO BE RETAINED & SUPPLEMENTED FIGURE 5 - LANDSCAPE PLAN LEGEND Figure G-1 – Landscape Plan SECTION 1 (2-Sided Parking) FIGURE D-1 THOROUGHFARE MAP LEGEND SECTION 1 (1-Sided Parking) SECTION 2 (1-Sided Parking) SECTION 3 (2-Sided Parking) SECTION 4 (1-Sided Parking) Figure D-1 – Thoroughfare Map 36 December 2012section IV : ZONING & DEVELOPMENT REGULATIONS bay vista 37 section IV : ZONING & DEVELOPMENT REGULATIONSidentify and designate all trees and vegetated areas located within lots and yards that can reasonably be retained. ii. Provide adequate protection for retained vegetation. iii. Any tree proposed or required to be retained and which is subsequently lost or destroyed must be replaced with at least three six-foot trees or one 18- foot tree or one 12-foot tree plus one six-foot tree of the same species, located as directed by the architect. iv. topping or trimming trees in a manner that alters the natural symmetry of a tree is not allowed unless necessary for safety reasons as certified by an arborist. 5. PARKING LOt DESIGN & LANDSCAPING Parking lots shall meet the Parking Lot Design and Landscaping requirements of BMC 20.48 and 20.50, with the following changes: i. Surface parking lots shall be located behind buildings wherever feasible. ii. Screening with evergreen plantings shall be provided for parking lots in the following locations: a. Any parking lots visible from Kitsap Way, SR 3, or from internal streets; b. Parking lots abutting residential/mixed-use uses or zones; c. Landscape requirements are one plant unit per twenty spaces, with a minimum of one island for every ten spaces. iv. Where a tree planting island occurs the entire length of a bay, there shall be a minimum of one tree planting island every fifteen spaces and a large shade tree every fifteen spaces in a tree planting island; v. Where a tree planting island occurs, the entire length of a bay, the entire length shall be planted with large shade trees every forty five feet. 6. ADDItIONAL LANDSCAPING REQUIREMENtS APPLICABLE tO ALL DEVELOPMENt SHALL INCLUDE tHE FOLLOWING: i. Maximize privacy between residences and their private outdoor spaces while encouraging community interaction in the public realm; ii. Minimize visibility of utilities and other unsightly necessities; iii. Planting on slopes in open space and commercial areas: a. On slopes between 4:1 to 2:1 mass plantings of trees and shrubs are suggested. b. Slopes over 2:1 require erosion control measure such as jute matting with ornamental grasses or groundcovers. v. Neighborhood parks, squares or plazas should be designed and landscaped to reinforce the civic nature of these spaces, provide the appropriately scaled amenities and reflect the anticipated function and type, and intensity of use. ix. Plant Selection a. Planting Materials. A general planting list is included at the end of this section. (i) Other plant materials may be considered that have these characteristics and similar maintenance requirements; b. Plants on Sloping Areas: (i) Plants on slopes shall be selected for their ability to develop deep roots and thereby knit the soil into a cohesive mass. (ii) Plants shall consist of native and adaptive species that can withstand drought in summer as well as continually wet soil in winter. 7. IRRIGAtION i. All irrigation systems, with the exception of residential systems, shall be designed by a qualified irrigation designer. 38 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSsuggested plant List *Indicates native species DECIDUOUS tREES Small: Acer circinatum – Vine Maple* Acer japonicum – Full Moon Maple Acer griseum – Paperbark Maple Acer palmatum – Japanese Maple Amerlanchier alnifolia – Serviceberry * Amelanchier var. – Serviceberry varieties Cornus – ‘Eddie’s White Wonder Dogwood’ Cornus kousa – Kousa Dogwood Cornus mas – Cornelian Cherry Cornus nuttallii – Pacific Dogwood * Corylus cornuta – Western Hazelnut * Magnolia kobus – Kobus Magnolia Malus fusca – Western Crabapple * Malus sp. – Crabapple (some) Oxydendrum arboreum – Sourwood Prunus cerasifera var. – Purple Leaf Plum varieties Prunus virginiana ‘Canada Red’ – Canada Red Choke Cherry Stewartia Styrax japonicus – Japanese Snowbell Medium: Acer rufinerve – Redvein Maple Acer truncatum x platanoides “Warrenred” – Pacific Sunset Maple Acer truncatum x platanoides“ Keithsform” – Norwegian Sunset Maple Malus sp. – Some Crabapples Parrotia persica – Persian Parrotia Pyrus calleryana var. – Flowering Pear Varieties Prunus sp – Flowering Cherry Prunus s. ‘Shirotae’ – Shirotae Cherry Columnar Narrow: Carpinus betulus pyramidalis – Pyramidal Hornbeam Fagus sylvatica ‘Cockleshell’ – European Beech Gingko biloba ‘Princeton Sentry’ – Maidenhair tree Parrotia persica ‘Vanessa’ Prunus sargenti columnaris – Columnar Sargent Cherry Pyrus calleryana ‘Glen’s Form’ – Chanticleer Pear CONIFERS Abies grandis – Grand Fir * Abies koreana – Korean Fir Calocedrus decurrens – Incense Cedar Chamaecyparis nootkatensis ‘Pacific Arrow’ – Alaska Cedar Juniperus scopulorum (var.) –Juniper Picea omorika – Serbian Spruce Pinus monticola – Western White Pine * Pseudotsuga menziesii – Douglas fir * taxus baccata – yew thuja plicata ‘Excelsa’ – Western Red * tsuga heteropylla – Western Hemlock * SHRUBS Smaller shrubs and Ground Cover: Arctostaphylos columbiana – Hairy Manzanita * Arctostaphylos uva-ursi – Kinnikinnick varieties * Berberis (var.) – Dwarf Barberry varieties Camassia quamash – Common Camas * Fothergilla sp. Fragaria chiloensis – Sand Strawberry * Gaultheria shallon – Salal * Ilex crenata ‘Helleri’ – Helleri Holly Ilex crenata ‘Green Island’ – Green Island Holly Linnaea borealis – twin Flower * Lupinus arcticus – Arctic Lupine * Lupinus polyphyllus – Large-Leaved Lupine * Mahonia aquifolium ‘Compacta’-Compact Oregongrape * Mahonia nervosa – Long Leaf Mahonia * Oxalis oregano – Redwood Sorrel * Polystichum munitum – Western Sword Fern * Potentilla (var.) – Potentilla varieties Prunus laurocerasus ‘Otto Luyken’ – Otto Luyken Laurel Rosa nutkana – Nootka Rose * Rosa pisocarpa – Cluster Rose * Spirea douglasii – Hardhack * Spirea (var.) – Spirea ‘Mt Vernon’ Symphoricarpos albus – Common Snowberry * trillium ovatum – Western trillium * Vaccinium ovalifolium – Evergreen Huckleberry * Vaccinium membranaceum – Black Huckleberry * Vaccinium parvifolium – Red Huckleberry * Viburnum davidii – David Viburnum Viburnum (var.) – Viburnum varieties Medium/Large: bay vista 39 section IV : ZONING & DEVELOPMENT REGULATIONSAbelia x grandiflora – Glossy Abelia Arbutus unedo (compacta) – Strawberry tree Berberis (var.) – Barberry varieties Ceanothus velutinus – tobacco Brush Cornus sericea – Red Osier Dogwood Enkianthus Euonymus (var.) – Winged Euonymus varieties Holodiscus discolor – Oceanspray * Hydrangea quercifolia – Oakleaf Hydrangea Hydrangea paniculata – Peegee Hydrangea Ilex crenata “Convexa” – Convexleaf Holly Lonicera involucrata – Black twinberry * Mahonia aquifolium – tall Oregongrape * Myrica californica – Pacific Wax Myrtle * Oemleria cerasiformis – Indian Plum * Osmanthus delavayii – Osmanthus Osmanthus heterophyllus – Hollyleaf Osmanthus Osmarea burkwoodi – Burkwood Osmarea Philadelphus lewisii – Mock Orange * Physocarpus capitus – Pacific Ninebark * Prunus lusitanica – Portugese Laurel Ribes sanguineum – Flowering Red Currant * Rhododendron macrophylum or R. albiflorum – Western Rhododendron * Rhododendron (var.) – Rhododendron Rubus parviflorus – thimbleberry * Rubus spectabilis – Salmonberry * Symphocarpus alba – Snowberry taxus baccata – Irish yew Viburnum vars. –Viburnum varieties HEDGES Buxus microphylla ‘Winter Gem’ – Winter Gem Boxwood Buxus sempervirens.- Common Boxwood Buxus suffruticosa – true Dwarf Boxwood Ilex crenata ‘Helleri’ – Helleri Holly Ilex crenata ‘Green Island’ – Green Island Holly Ilex crenata ‘Convexa’ – Convexleaf Holly Laurel Ligustrum japonicum – Japanese Privet Mahonia aquifolium – Oregongrape * Osmanthus heterophyllus – Hollyleaf Osmanthus Prunus laurocerasus ‘Otto Luyken’ Otto Luyken Prunus lusitanica – Portugese Laurel taxus sp. – yew species taxus cuspidata (var.) – yew varieties thuja occidentalis vars. – Arborvitae varieties thuja occidentalis ‘Smaragd’ – Emerald Green Viburnum vars. – Viburnum varieties GROUNDCOVER Arctostaphylos uva-ursi – Kinnikinnick varieties Ceanothus – Wild Lilac Cotoneaster vars. – Cotoneaster varieties Evergreen flowering vines Fragaria vars. – Strawberry varieties Ivy (non-climbing varieties) Juniperus (var.) – Juniper varieties Lawn Grass (Puget Sound turf Grass varieties – sod or seed Mahonia nervosa – Longleaf Mahonia * Mahonia repens – Creeping Mahonia Ornamental grasses thymus – thyme Vinca minor – Periwinkle ACCENt PLANtING Annuals Bulbs Ornamental grasses Perennials 40 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections bay vista 41 section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections 42 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections bay vista 43 section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections 44 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSg. utility eQuiPment & storage 1. Utilities shall be installed underground to the greatest extent feasible. Utilities installed above ground shall be screened from view whenever possible. 2. trash storage areas shall be screened from view, animal proof, and easily accessible to service personnel. All trash enclosures shall be screened. 3. Roof and ground- mounted equipment, including HVAC units, shall be screened from view from any public street or open space. Satellite dishes and antennas shall be the smallest possible to receive the signal, shall be placed in the least conspicuous location, and screened and painted to match the colors of the adjacent building as closely as possible. H. walls, Hedges and fenCes 1. Fence height may not exceed six (6) feet. 2. Front yard fences may not exceed four (4) feet in height and shall be an ‘open’ style. these must be set back at least one (1) foot from the back edge of the sidewalk. 3. the maximum combined height for front yard walls with fences is four feet, as measured on the downhill side. 4. Walls or fences on slopes over 15% and visible from the public areas, shall step with the slope in sections at a rate of 1 step per each 12 inches of change in elevation of the adjacent ground, measured parallel to the fence. 5. Fences defining the front edge of courtyards or semi-public open spaces associated with cottage court developments and courtyard buildings shall be as specified for other front yard fences above. Articulation of the entry from the street to such open spaces with decorative gates, trellises and/or arbors is encouraged. 6. Side yard fences attached to the face of the house shall be set back between two feet and five feet from the front face of the house. 7. Side yards setbacks near public areas shall be at least 50% open. Adjacent to any public walkway or other open space shall not be fenced for more than 50% of the length of the building's façade. bay vista 45 section IV : ZONING & DEVELOPMENT REGULATIONSi. exterior ligHting 1. Subtle, low-level lighting of front porches and front yard landscape areas is encouraged. Light pollution shall be minimized by selection of proper fixtures. 2. Lighting shall not spill over beyond property lines or cast glare to surrounding properties. 3. Pole mounted lighting is not permitted inside the property lines of any detached or attached residential structures. Pole mounted pedestrian lighting should be used in the right-of-way. 4. Lighting in garage and utility areas shall not impact neighboring properties or common areas. Motion sensitive wall mounted exterior lights are required on all garage façades facing alleys. 5. Exterior light fixtures should match the architectural style of the building. 6. Lighting for commercial uses shall be appropriately shielded so as to not impact adjacent residential areas or residential units in mixed-use buildings. 7. All street lights should be comprised of ornamental poles and fixtures conforming to the City's “Standards for Work in the ROW”; Cobra heads and shoe box style lighting is prohibited. Preferred lights are 12-14 feet tall. 20 foot tall poles may be utilized at major intersections. 8. Parking lot lighting shall conform to the standards in the Village Commercial zone. 9. Porch lights may be compact-fluorescent or incandescent. j. sign standards Intent: These criteria and standards have been established for the purpose of ensuring that all signage at Bay Vista is designed and constructed in a manner which consistently promotes the following: • Visual harmony between signage and Bay Vista architecture including adjacent materials and colors. • Elegant, yet clear and distinctive identity for each tenant. • Visual enhancement of the pedestrian experience. • Diversity and individuality for each tenant’s signage while maintaining a consistent size and quantity through out Bay Vista. • The use of creativity and high quality materials. • Thoughtful and creative lighting of signage. 1. GENERAL GUIDELINES i. Description: All signs and graphics shall be professionally designed. the lettering and spacing of letters shall be well proportioned to assure legibility as well as a pleasing appearance. Shop drawings for each sign, including colors, dimensions, specifications and proposed construction materials will be required criteria for approval of signage by the Architectural Review Committee. tenant must have written approval by the Architectural Review Committee prior to application for the required city sign permits. ii. Material Preferences: tenant sign design and construction should match the materials used on the exterior of the building. iii. Lighting: Signs may be internally or externally illuminated. Halo or other indirect lighting is encouraged. Exposed neon or bulbs are not allowed. Indirect lighting must be baffled or shielded to reduce blare in the eyes of pedestrians. iv. Standards: Sign standards shall be in accordance with BMC 20.52, with the exceptions and modifications contained in these sign standards. traffic control signs shall conform to the “Manual of Uniform traffic Control Devices.” 46 December 2012section IV : ZONING & DEVELOPMENT REGULATIONS2. SIGNS AND SIGN COMPONENtS NOt PERMIttED i. the following signs and sign components are not permitted: a. Moving, flashing, rotating, noise making or odor producing signs. Electronic message displays are not permitted. b. “Human A-boards” c. Signs taped or glued to interior window. d. The name, stamps or decals of the sign manufacturer cannot be displayed on any portion of the sign. Underwriters Laboratories labels shall be applied in an inconspicuous manner. e. Non-ornamental hardware or electrical components may not be exposed to view. f. Back-lit awnings, including those with signage, are not permitted. 3. SIGNAGE SUBMIttAL AND APPROVAL PROCESS i. Prior to construction of any sign or application for city sign permits, the building owner, tenant or tenant’s sign contractor must obtain the Architectural Review Committee’s written approval of the proposed sign design. the process shall be as follows: a. Tenant to submit completed sign application along with required drawings to Architectural Review Committee. b. Architectural Review Committee to review designs and either approve, approve with corrections, or deny application within 10 days of receipt by Architectural Review Committee. c. If application denied, tenant to review reasons for denial and then change their application and re-submit a new application to Architectural Review Committee. d. Once approval is granted by Architectural Review Committee, tenant may then submit a sign application to the City of Bremerton. ii. Failure to comply with the above process may result in the removal of signage by Architectural Review Committee at tenant’s sole expense, provided Architectural Review Committee will issue notice to tenant/Building Owner of the failure to comply at least 30 days prior to Architectural Review Committee removal to allow tenant/Building Owner time to cure problem and comply. 4. BAy VIStA SIGN CAtEGORIES DEFINED i. Signs or signage requested by a retail tenant or building owner within Bay Vista shall fall into one of the categories listed below. In order to determine the applicable category, read the definitions and standards in these regulations (by type and category). Architectural Review Committee will make final determination in the event of any still un-definable categories. ii. Single Occupant Retail Signage Category: Single Occupant Retail Signage Category defined as signage needed by a retail tenant who occupies a building on a legal lot specific to that building, with no more than one retail establishment utilizing said building. iii. In-line Retail Signage Category: In-line Retail Signage Category, defined as signage needed by retail tenants who occupy a space within the Village which is physically adjacent to, or sharing demising walls with, neighboring tenants. iv. Residential Signage Category: Residential Signage Category defined as signage needed by residential neighborhood, buildings, or group of buildings including multiple residences (for rent or sale) which were built in a coherent manner by a single entity on one or more lots. v. Bay Vista Village Identification & Directional Signage Category: Bay Vista Village Identification & Directional Signage Category defined as Bay Vista Village-specific signage that is intended to identify the overall Bay Vista Village development or facilitate the orientation of pedestrian or automobile traffic throughout the Bay Vista Village to specific tenants or buildings. 5. SINGLE OCCUPANt REtAIL SIGNAGE CAtEGORy: SIGNAGE RULES i. Freestanding Signs: Allowed for parcels that abut Hwy 3 per 20.52.100. Not permitted for all other parcels. Parking lot directional signage allowed and must be solely intended to direct parking lot traffic and may not exceed six square feet, and may not have any business identification or emblems. In some bay vista 47 section IV : ZONING & DEVELOPMENT REGULATIONScases, at Architectural Review Committee’s discretion, Single Occupant Retail tenants may be eligible for identification on certain type “B” and type “C” Bay Vista Village monument signs. a. Building Signs: (i) Internally or externally illuminated building signage allowed. Halo-lit metal signs are encouraged. (ii) One building sign allowed per building elevation visible from street or right of way (public or private) and parking lot. (iii) Cumulative allowed sign areas for each Single Occupant Retail Building within Bay Vista Village shall not exceed 10% of the wall plane area the sign is mounted to. Note: square footage shall be measured by boxing individual letters and symbols, maximum 100 square feet. b. Blade Signs: Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to submitting an application to the city. (i) Size: Blade signs are to be a maximum of 24 inches high x 36 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of three inches. (ii) Quantity: Tenants with one street frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street frontage (public or private). (iii) Custom shapes other than a rectangle or square are encouraged. (iv) Lettering and graphics should be raised/ dimensional. Flat vinyl graphics are heavily discouraged. (v) Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there will be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. (vi) The minimum clearance for blade signs is 8 feet from grade to bottom of sign. (vii) Placement of blade sign in most cases should be directly over the primary entrance to the Tenant space or centered along tenant frontage, if two or more tenants share an entrance. (viii) Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be the sole judge as to the acceptability of materials and designs. (ix) Illumination. Lighting of the Tenant’s blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant’s space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. c. Window Lettering: Window lettering must meet the following criteria: (i) All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. (ii) The logo and name of the store may be represented by letters up to a maximum height of 6 inches. (iii) Store hours on the entry door are encouraged. (iv) If Tenant has a non-customer door for receiving merchandise, the Tenant’s name and address, number only, may be applied on the door. The letter height is to be 2 inches high, Helvetica Light font made of white vinyl applied at 5-feet, 6-inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 6. IN-LINE REtAIL SIGNAGE CAtEGORy: SIGNAGE RULES i. Freestanding Signs: Not permitted. ii. Building Signs a. Internally or externally illuminated building signage allowed. Halo-lit metal signs are encouraged. b. One building sign allowed per Tenant visible from street or right of way (public or private) and parking lot. c. When calculating allowed area of building signage for in-line retailers the following criteria apply: (i) Width of sign may be no more than two thirds the width of the elevation to the Tenant space to which sign will be attached. (ii) The maximum letter height shall be 18 inches, and logos or emblems may be no larger than 30 inches in height. If two lines of copy are used, the combined height of both rows may be no larger 48 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSthan 28 inches. (iii) Cumulative allowed sign areas for each in-line retail tenant within Bay Vista Village are as follows: 8% of wall plane the sign is mounted to, not to exceed 50 square feet. Note: Square footage measured by boxing individual letters and symbols. iii. Blade Signs: Blade signs will be required for Bay Vista Village In-line Retail tenants. Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to submitting an application to the city. a. Size: Blade signs are to be a maximum of 24 inches high x 42 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of 3 inches. b. Quantity: Tenants with one street or plaza frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street or plaza frontage (public or private). c. Custom shapes other than rectangle or square are encouraged. d. Lettering and graphics should be raised/dimensional. Flat vinyl graphics are discouraged. e. Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there will be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. f. The minimum clearance for blade signs is 8 feet from grade to bottom of sign. g. Placement of blade sign in most cases shall be directly over the primary entrance to the Tenant space or centered along tenant frontage if two or more tenants share an entrance. h. Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be sole judge as to the acceptability of materials and designs. i. Illumination. Lighting of the Tenant’s blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant’s space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. iv. Window Lettering a. All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. Gold or silver leaf is encouraged. b. The logo and name of the store may be represented by letters up to a maximum height of 3 inches. c. Store hours on the entry door are encouraged. The store hours lettering may not exceed 9 inches high x 12 inches wide. d. If Tenant has a non-customer door for receiving merchandise, the Tenant’s name and address, number only, may be applied on the door. The letter height is to be 2 inches high, Helvetica Light font made of white vinyl applied at 5 feet, 6 inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 7. RESIDENtIAL SIGNAGE CAtEGORy: SIGNAGE RULES i. Freestanding Signs: One freestanding neighborhood identification sign is permitted at each entrance to a residential neighborhood or as allowed by BMC 20.52. Halo or indirect illumination is allowed. Parking lot directional signage allowed and must be solely intended to direct parking lot traffic. ii. Building Signs: the following rules for residential building signs apply: (Note: Square footage shall be measured by boxing individual letters and symbols.) a. Building signs may be substituted for freestanding signs. b. Halo or indirect illumination is allowed. iii. Size a. Standard allowance to be 20 square feet per sign. bay vista 49 section IV : ZONING & DEVELOPMENT REGULATIONSb. 30 square feet per sign: to be allowed if the following materials are used: brass, copper, chrome, brushed or polished aluminum, stainless steel, etched glass, stone, gold or silver leaf, porcelain and hardwoods. iv. Blade Signs: Blade signs are allowed at residential amenity space entryways or leasing and sales offices. Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to construction. a. Size: Blade signs may be a maximum of 24 inches high x 36 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of 3 inches. b. Quantity: Tenants with one street frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street frontage (public or private). c. Custom shapes other than rectangle or square are encouraged. d. Lettering and graphics should be raised/dimensional. Flat vinyl graphics are heavily discouraged. e. Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there shall be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. f. The minimum clearance for blade signs is 8 feet from grade to bottom of sign. g. Placement of blade sign in most cases shall be directly over the primary entrance to the Tenant space or centered along tenant frontage if two or more tenants share an entrance. h. Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be sole judge as to the acceptability of materials and designs.i. Illumination. Lighting of the Tenant’s blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant’s space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. v. Window Lettering a. All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. Gold or silver leaf is encouraged. b. The logo and name of the store may be represented by letters up to a maximum height of 3 inches. c. Store hours on the entry door are encouraged. The store hours lettering may not exceed 9 inches high x 12 inches wide. d. If Tenant has a non-customer door for receiving merchandise, the Tenant’s name and address, number only, may be applied on the door. The letter height is to be 2” high, Helvetica Light font made of white vinyl applied at 5 feet, 6 inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 8. BAy VIStA VILLAGE IDENtIFICAtION AND DIRECtIONAL SIGNAGE i. Primary Bay Vista Village Identification Monument Signs: Bay Vista Village may have up to three primary identification freestanding monument signs (entrance and portal) and may share one primary identification freestanding monument sign (portal) with the residential community. Maximum size shall be 100 square feet. ii. Secondary Identification Monument Signs: Bay Vista Village may have up to four Secondary Identification Monument Signs, one per building. Maximum size shall be forty square feet. iii. Directional tenant/Building Owner Signs: Bay Vista Village may have freestanding and/or wall directional signs as needed to help pedestrian and automobile traffic locate various retail tenants and building owners within the Village. the style of these signs is to be consistent with primary and secondary monument signs. Maximum size shall be six square feet. 50 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSk. glossary Definition of terms shall be in accordance with the definitions of the BMC with the following additions and/or revisions. ARCADE – A colonnade with arched openings. BLADE SIGNAGE – A vertically oriented sign hung from, and perpendicular to, a facade so that it may be read by pedestrians on the sidewalk. BLOCK – A unit of land bounded by streets on all sides. BUILDING HEIGHt – The distance from the average finish grade at the façade to the highest point of a flat roof, or midpoint of the slope on a pitched roof. CHEEKWALL – The side wall of a flight of stairs or steps. COLONNADE – A covered passage way supported by column, and lintels open to the street with rectangular openings. COURtyARD – A courtyard is a space defined by a single building or multiple buildings on at least two sides, and a fence or building or other well-defined edge on all other sides. DOOR-yARD – The area between the setback and the public sidewalk. Planting, porches, lead walks, stoops and fence occurs within this area. FOOtPRINt – The footprint is an outline showing the extent to which a home, building, or other architectural element covers the lot on the ground level. FRONtAGE OCCUPANCy – The minimum amount of primary façade that must be built along a setback. FURNISHING ZONE – A continuous zone extending the entire length of commercial and mixed-use streets parallel to the street and delineated from the back of curb, having a consistent width that is identified for the placement of permanent elements such as street trees, tree pits, tree grates, street lights, trash cans and benches. Moveable tables and chairs are not prohibited from this zone. GARDEN WALL – A wall that separates a courtyard, front yard, or service area from the street in order to screen private activities from the public realm. Garden Walls are independent walls over four (4) feet high. LEAD WALK – Pavement that is intended for pedestrian travel to and from a building entryway, courtyard and the sidewalk. LIVE-WORK – A live-work building/unit is one in which the bottom floor is designed for commercial uses and the space above is designed for, and occupied by, residential uses. It is also designed such that the attached residential unit could have direct access to the commercial space if the residential occupant were also the commercial tenant or commercial business owner, but can be secured (prohibiting access from the above residential unit to the commercial space below) if resident is not the commercial tenant or commercial business owner. LOGGIA – Similar to a porch, a loggia is a covered exterior space, but one that is set inside or recessed into a facade (as opposed to a porch which protrudes or extends beyond the facade of a building. MIxED-USE BUILDING – A building with two or more uses having a different use on the ground floor (e.g., retail on the ground floor and residential above). OPEN SPACE – An area that is intended to provide light, air, and/or views or general appearance of openness, and is designed for scenic, recreational, private, or environmental purposes. PAIRED FACADES – Two facades next to each other, sitting in front of an open space composed with the same or a complimentary architectural design and character. RESIDENtIAL MIxED-USE BUILDING – A mixed-use building that requires residential use on the second and higher floors. PORCH – A porch is a covered, platform raised above the surrounding ground providing a transition from the public to private realms and entry into usually a single dwelling unit but, on occasion, multiple dwelling units. bay vista 51 section IV : ZONING & DEVELOPMENT REGULATIONSPRIMARy FACADE – All elevations (Front and Side ) that are parallel to, or are clearly visible from a street. SCREENING – A natural or constructed barrier consisting of any landscaping, fencing, or other barrier intended to block a view. SECONDARy FAÇADE – All elevations that are not defined as a primary façade. SEt PIECE FAÇADE – A primary facade in a prominent location that should be designed as a focal element with a greater amount of detail than the surrounding buildings. StOOP – A raised, covered or non-covered, projecting stairway that connects a building's porch or entryway to the ground usually at the front yard a building. StREEt FRONtAGE – The building or house facade running parallel to a public street or private street. StREEt WALL & FENCE – The street wall, or street face, is the visual three-dimensional wall that is formed by, and composed of, the primary facades located along the build-to line. tHRESHOLD – A passageway enclosed by buildings on both sides and above by building or other architectural elements, that one moves through to enter a space or street. tOWER ELEMENtS – An integrated, architectural element that extends above the roof line that may be used for signage/advertisement per approval of the Bay Vista Architectural Review Committee. VISItABLE DWELLING UNIt & VISItABLE ENtRIES – A visitable dwelling unit includes at least one zero-step entry, located at either the front or back of a unit, with a minimum 3-foot wide entry door and includes, among other things, 3-foot passage doors throughout the ground floor of the entire unit. A visitable entry is a zero-step entry to a dwelling unit. 52 December 2012section IV : ZONING & DEVELOPMENT REGULATIONSl. design intent The intent of the Bremerton Housing Authority’s Master Plan for the Bay Vista site is to have the community follow the principles of traditional neighborhood design. Early in the last century, communities were much more pedestrian-friendly and socially connected. In a traditional neighborhood, one will see residential and commercial uses mixed, or in close proximity to each other. Newer communities, however, have segregated these uses, requiring residents to use their automobiles to do anything outside of their homes. The goal at Bay Vista is to encourage resident interaction by making the streets and buildings as pedestrian-oriented as possible, and to provide mixed uses that allow residents to walk down the street to purchase some basic needs, rather than leaving the community and driving to a retail destination for every need. The look and feel of the community should enhance the pedestrian experience, and the design concept of a varied and interesting village that has evolved and built up over time is a design objective. Large buildings should be designed such that their facades have the appearance of several smaller buildings, using varied colors and materials and modulation, to reduce their apparent scale. Houses and individual townhouse units should be designed to appear as unique buildings grouped together, rather than repetitions of the same façade. Commercial and retail buildings should enhance the window shopping experience, and create a sense of liveliness and quality through the use of varying materials, colors, signage and awnings. Commercial streets should contribute to this effect with enhanced paving materials and the use of street trees, street furnishings and pedestrian-scaled lighting. Commercial and mixed-use buildings should have a timeless character, and a northwestern look and feel. This section will work in tandem with Section IV Zoning and Development Standards. The Design Standards are not City regulations, but will be adopted as Covenants, Conditions, & restrictions (CC&R's) applicable to all property within Bay Vista. The Bay Vista Architectural Review Committee (ARC) will be responsible for their enforcement. The ARC will review all building and related applications before they are submitted to the City to ensure compliance with these standards (details are available through the Architectural Review Committee). 1 2012 Comp Plan Amendment ORDINANCE NO. 5202 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan by amending the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center Subarea Plan boundaries; and by amending the Bay Vista Subarea Plan. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082 and 5094 hereinafter referred to as the “Comprehensive Plan”; and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, the City of Bremerton allows applications to be submitted each year between January and the first business day of April; and WHEREAS, two Comprehensive Plan amendment applications were submitted by the public prior to the deadline to address changing circumstances relative to land use needs; and WHEREAS, the Planning Commission conducted workshops on the 2012 amendment docket on July 17, 2012 and September 18, 2012; and WHEREAS, consistent with RCW 36.70A.106 the 60-day notice period began on September 5, 2012 when the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment docket for 2012; and WHEREAS, on September 29, 2012 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on September 20, 2012 a SEPA DNS was issued for amendment Docket Item 1, relating to the Downtown Regional Center Subarea Plan, with an administrative 2 2012 Comp Plan Amendment appeal deadline of October 4, 2012 and no appeals were filed; and WHEREAS, SEPA was satisfied on September 26, 2012 for Docket Item 2, relating to the Bay Vista Subarea Plan, by the adoption of existing environmental documentation of the Bay Vista EIS in May 2007 and SEIS in January 2008; and WHEREAS, on October 9, 2012 the Planning Commission conducted a public hearing on the 2012 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments; and WHEREAS, on December 1, 2012 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the City Council; and WHEREAS, on December 19, 2012 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the amendment proposals satisfy the decision criteria of BMC 20.10.080 for Comprehensive Plan amendments; and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings set forth in the recitals above area hereby adopted and incorporated herein. SECTION 2. The findings and conclusions adopted by the Planning Commission on October 9, 2012 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting the proposed 2012 Comprehensive Plan amendments set forth in docket items 1 through 2 as follows: Docket Items: 1. Burwell and Warren Avenue Parcels: Amend the Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell Street and Warren Avenue in the Downtown Regional Center boundaries and given a land 3 2012 Comp Plan Amendment use designation of Warren Avenue Corridor (WC), more particularly described in Exhibit B affixed hereto. 2. Bay Vista Subarea Plan: Amend the Bay Vista Subarea Plan summarized as follows: reallocation of Village Commercial and multi-family locations; revise permitted land uses to reflect land use zones that are being condensed; revise complex Code requirements in Subarea Plan to more resemble the City of Bremerton Zoning Code; and alter landscaping, signage and parking requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea Plan, and more particularly described in Exhibit C affixed hereto. SECTION 4. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 5. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2012 _________________________________ JIM MCDONALD, Council President Approved this ________ day of ________________________, 2012 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney 4 2012 Comp Plan Amendment PUBLISHED the________ day of ______________________, 2012 EFFECTIVE the_________day of ______________________, 2012 ORDINANCE NO. 5202 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to Interlocal Agreement Regarding Emergency Communications and Other Services Study Session Date: 12-12-12 COUNCIL MEETING Date: 12-19-12 Department: Fire & Police Presenter: Chiefs Duke Phone: 473-5380 SUMMARY: The CenCom Policy Board proposes to amend the Interlocal Agreement to the following areas: the funding formula, changes to the agreement can only be made with 60 sixty days notice, not 30 thirty and to terminate the agreement, the entity would have to give a 180-day written notice; the agreement now is for 90-day period. The Mayor, Councilmembers Arends and Wheeler are the members from the City of Bremerton that sit on the thirteen member board. ATTACHMENTS: Amendment to Interlocal Agreement Regarding Emergency Communications and Other Services Form Updated 11/02/12 COUNCIL ACTION: Approve Deny Table Continue No Action RECOMMENDED MOTION: Move to approve the Amendment to Interlocal Agreement Regarding Emergency Communications and Other Services and authorize the Mayor to finalize and execute the Amendment with substantially the same terms and conditions as presented. STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation FISCAL IMPACTS (Include Budgeted Amount): None AMENDMENT TO INTERLOCAL AGREEMENT REGARDING EMERGENCY COMMUNICATIONS AND OTHER SERVICES This Amendment (this “Amendment”) to Interlocal Agreement Regarding Emergency Communications and Other Services (the “Agreement”) is entered into between Kitsap County (the “County”) and the below-named recipient (the “Recipient”). RECITAL WHEREAS, the parties entered into the Agreement and now wish to amend it as provided herein; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Definitions. The body of Title I(A), (J) and (K) – Definitions and Functions are modified as follows: A. Allocable proportion: The amount of money chargeable to Recipient as its share of maintenance, operations, and insurance expenses for the emergency communications system. The allocable proportion is determined by one of the Cost Share Distribution Formula formulas in Appendixes A or B to this agreement. . . . . J. Criminal Justice Data Communications System- ACCESS: CENCOM is connected to the Washington State Patrol ACCESS system for criminal history information. Inasmuch as the involvement of the commissioned law enforcement authorities is required in the management control of this system, the Sheriff and appointed Chiefs of respective agencies are designated the CENCOM ACCESS Board as outlined in Appendix B“C”. . . . . . K. Organizational Chart: The Organizational Chart is included as part of this Agreement and identified as Appendix C“D”. 2 2. Payments. The body of Title III is modified as follows: For emergency communications services for each calendar year beginning January 2013subsequent to the dates of this agreement, Recipient agrees to pay to County its allocable proportion in twelve (12) equal monthly installments. The allocable proportion for each calendar year due from Recipient is computed in accordance with the Cost Share Distribution Formula in Appendix A of this agreement. as follows: A. Fire District: Allocable proportion shall be computed as shown in Appendix A; B. County, a City, or Indian Tribe: Allocable proportion shall be computed as shown in Appendix B. C. Other Agency: Allocable proportion shall be determined by the Board. 3. Amendment. The body of Title VII – Amendment of the Agreement is modified as follows: It is specifically agreed by and between the parties hereto that this Interlocal Agreement may be amended by the Board at any duly called regular or special meeting of the Board, but only after first giving thirty (30)sixty (60) days written notice of such meeting and proposed amendment to all parties to this agreement. However, nothing in this paragraph shall be construed to authorize any change in the funding formula set forth in this agreement nor to authorize any act which would cause an increase, or change the amount paid by any participating agency beyond the amount determined by the Board pursuant to this agreement. 4. Termination. The body of Title X – Termination of the Agreement is modified as follows: Either party to this Interlocal Agreement may terminate it by providing written notice of such to the other at least ninety (90) one-hundred and eighty (180) days prior to the specified termination date.; Provided, this Interlocal Agreement can only be terminated at the end of a calendar year 5. Merger. The body of Title XI – Merger is modified as follows: This Interlocal Agreement, including its appendicesconsisting of sixteen (16) pages (including Appendixes A, B, and C and D), merges and supersedes all prior negotiations, representations and oral or written agreements between the parties hereto relating to subject matter hereof and constitutes the entire Interlocal Agreement between the parties. 3 6. Appendix A. Appendix A of the Agreement is superseded by the attached Appendix A- CENCOM Cost Share Distribution Formula, which is incorporated herein by reference. 7. Appendix B. Appendix B of the Agreement is removed. 8. Appendix C. Appendix C of the Agreement is re-designated as Appendix B, but is otherwise unchanged. 9. Appendix D. Appendix D of the Agreement is re-designated as Appendix C, but is otherwise unchanged. 10. Scope of Amendment. Except as modified, the Agreement remains in effect. 11. Effective Date. This Amendment shall be effective as of ____________________. // // // // // // // // // // // // // // // // 4 IN WITNESS WHEREOF, the parties have subscribed their names to this Amendment and warrant that they have the full authority to enter into it. KITSAP COUNTY BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Robert Gelder, Chair Josh Brown, Commissioner Charlotte Garrido, Commissioner ATTEST: Dana Daniels, Clerk of the Board Date RECIPIENT By: Signature Printed Name: Title: ATTEST: By: Signature Printed Name: Title: Date 5 APPENDIX A- Cost Share Distribution Formula The allocable proportion for each fire district, city, county, and tribe shall be computed as follows: 1. Calculate the Total Base. Total Base = Number of Agencies X $5,000 2. Calculate the Total Console Share (the amount of the user share that needs to be split between police and fire. Total Console Share = Total Appropriations – All other funding Sources – Total Base. 3. Calculate the Police/Fire Split (Percentage of the Console Share paid for by police and by fire). Police Split = Number of Police Allocated Consoles / Total Number of Consoles. Fire Split = Number of Fire Allocated Consoles / Total Number of Consoles 4. Calculate the Police/Fire Share (actual dollar amount paid for by police and by fire). Police Share = Total Console Share X Police Split Fire Share = Total Console Share X Fire Split 5. Calculate the Units of Use a. Agency Units of Use= Average of the previous 3 full years of Agency’s Units of Use, adjusted for annexations. b. Total (Police or Fire) Units of Use = Sum of each (Policy or Fire) Agency’s Units of Use. 6. Calculate the Cost per (police and fire) Unit of Use. a. Cost per Police Unit = Police Share / Total Police Units of Use b. Cost per Fire Unit = Fire Share / Total Fire Units of Use 7. Surcharges- Calculate any applicable surcharges, as approved by the CENCOM Policy Board. 8. Calculate each Agency’s Allocation. Agency Allocation = (Agency Units of Use X Cost Per Unit) + Base + Surcharges AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5203 to amend Ordinance No. 5173 establishing the City of Bremerton’s Fiscal Year 2012 budget as amended by Ordinance No. 5186 Study Session Date: December 12, 2012 COUNCIL MEETING Date: December 19, 2012 Department: Finance Presenter: Becky Hasart Phone: 360-473-5722 SUMMARY: The Bremerton City Council adopted the 2012 Annual City Budget by Ordinance 5173 on December 14, 2011 and later amended the budget by Ordinance 5186 on June 6, 2012. Subsequently, certain actions have been taken and conditions have changed which have an impact on the final 2012 Annual Budget, resulting in the need for this amendment. ATTACHMENTS: Ordinance No. 5203 amending the 2012 Fiscal Year Budget Final 2012 Budget Amendment memo FISCAL IMPACTS (Include Budgeted Amount): Overall 2012 budget will be $147,318,714 STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5203 of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5173 establishing the City of Bremerton’s Fiscal Year 2012 budget as amended by Ordinance No. 5186. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 2012 Final Budget Adjustment ORDINANCE NO. 52035203_____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5173 establishing the City of Bremerton’s Fiscal Year 2012 budget as amended by Ordinance No. 5186. WHEREAS, the City Council passed the Fiscal Year 2012 City Budget Ordinance (Ordinance No. 5173) on December 14, 2011; and WHEREAS, the City Council subsequently amended the Fiscal Year 2012 City Budget (Ordinance No. 5186) on June 6, 2012 to provide for certain programs and actions taken up to that point requiring amendment to the 2012 budget; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to June 6, 2012 which require a formal amendment by ordinance; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time, and the reallocation of prior period expenditures; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2012 or timing changes from that which was anticipated in the 2012 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with Generally Accepted Accounting Principles; and WHEREAS, each of these actions has an impact on the City of Bremerton’s FY 2012 Annual Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5173 establishing the City of Bremerton’s 2012 Budget as amended by Ordinance No. 5186 is hereby amended as follows: 2 2012 Final Budget Adjustment 2012 Budget Final as Amended by 2012 Year-End Fund No.Ord No. 5186 Net Adjustments Budget 001 General Fund City Council 332,770$ -$ 332,770$ Executive 370,360 - 370,360 Financial Services 1,153,840 - 1,153,840 Legal 981,650 - 981,650 Human Resources 398,010 - 398,010 Community Development 1,408,536 - 1,408,536 Municipal Court 1,294,187 - 1,294,187 City Auditor 170,960 - 170,960 Law Enforcement 9,598,837 - 9,598,837 Fire/Emergency Services 8,413,452 - 8,413,452 Police/Fire Pension 2,544,000 - 2,544,000 General Facilities 807,117 163,000 970,117 Parks & Recreation 2,608,741 - 2,608,741 Engineering 2,137,328 - 2,137,328 Non-Department 3,677,811 106,000 3,783,811 Ending Fund Balance 2,793,467 (269,000) 2,524,467 Total General Fund 38,691,066$ -$ 38,691,066$ 101 Arterial Street 4,833,028 - 4,833,028 102 Street 2,484,029 65,000 2,549,029 103 Contingency Reserve 232,092 - 232,092 104 Lodging Tax 481,862 - 481,862 105 Parking System 1,430,814 - 1,430,814 106 Community Dev. Block Grant 2,900,531 - 2,900,531 108 Abatement Revolving 239,413 - 239,413 110 Police Special Projects 1,076,838 - 1,076,838 113 Public Access Television 457,708 - 457,708 114 Gift & Donation Fund 93,106 - 93,106 116 Trial Improvement 61,301 - 61,301 117 One Percent For Arts 51,670 - 51,670 120 Conference Center Operating 1,848,861 - 1,848,861 201 Bond Fund 729,792 - 729,792 203 2010 LTGO 704,763 - 704,763 204 2010 UTGO/LTGO (B)565,734 - 565,734 205 Government Center LTGO - 5,634,051 5,634,051 304 Harborside Plaza & Commons 34,336 60 34,396 305 Park Plaza Construction 351,648 - 351,648 306 Park Plaza Phase II 4,109,586 60 4,109,646 308 General Gov't Capital Improvement 542,522 - 542,522 310 Park Facilities Construction 1,754,369 - 1,754,369 311 Evergreen Park Remediation 80,081 - 80,081 331 Lower Wheaton Way 1,712,055 - 1,712,055 401 Water Utility 14,627,749 - 14,627,749 404 Water Capital 4,946,417 - 4,946,417 407 Golf Mountain Golf 2,413,539 - 2,413,539 451 Wastewater Utility 22,995,178 - 22,995,178 454 Wastewater Capital 9,662,189 - 9,662,189 481 Stormwater Utility 5,072,551 - 5,072,551 482 Gorst Creek Watershed 483,498 - 483,498 484 Stormwater Capital 3,081,029 - 3,081,029 503 Risk Management 3,223,483 - 3,223,483 506 Employment Security 271,954 - 271,954 507 Accumulated Leave Liability 256,906 - 256,906 509 ER&R - Operations & Maintenance 1,813,631 - 1,813,631 510 ER&R - Reserves 6,165,120 - 6,165,120 511 Information Services 1,139,094 - 1,139,094 Total All funds 141,619,543$ 5,699,171$ 147,318,714$ 3 2012 Final Budget Adjustment SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2012. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2012 _________________________________ JIM McDONALD, Council President Approved this ________ day of ________________________, 2012 ________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2012 EFFECTIVE the_________day of ______________________, 2012 ORDINANCE NO. 5203 Memorandum To: City Council Mayor Patty Lent From: Caroline Tompson, Budget Analyst Re: Final 2012 Budget Amendments Date: December 12, 2012 The City adopted the 2012 budget by Ordinance No. 5173 on December 14, 2011 which was later amended by Ordinance No. 5186 on June 6, 2012. In preparation for wrapping up 2012, it is necessary to do one last amendment to the budget to incorporate Council actions that have occurred since the m id-year budget amendment as well as to correct other items that have come to the attention of the staff in Financial Services. Enclosed is the final budget amendment ordinance and supporting schedules. The adjustments identified are as follows:  Formally adopt and incorporate 2012 budget changes approved by council subsequent to the mid-year budget amendment.  Reclassify expenditure categories as needed to properly reflect the actuals as classified in accordance with Generally Accepted Accounting Principles.  Reallocate $15,000 in Finance from personnel to supplies and services for temp agency professional services. Zero net budget increase.  Increase care and custody expenditures in the amount of $106,000 for medical costs and additional jail days in Non-Departmental.  Reallocate $30,000 in Court personnel to supplies and services for additional public defender, jury trial, and court security costs. Zero net budget increase.  Reallocate $10,410 in Police supplies and services budget to capital for forensic equipment that exceeded the capitalization threshold. Zero net budget increase. 2  Reallocate $60,000 in Fire supplies and services to personnel for additional overtime. Zero net budget increase.  Increase General Facilities personnel for maintenance labor in excess of estimates, $63,000.  Account for previously approved capital in General Facilities for emergency generator at Fire Station #1, $100,000.  Reallocate personnel in Parks to capital for work performed on Parks Construction projects, $27,400. Labor is paid under charges for services in Parks revenue. Zero net budget increase.  Increase capital and debt service in Parks Capital Construction Fund for 2012 pool lighting upgrades, $42,500 and 2011 drain (safety) upgrades, $14,100.  Increase capital, and charges for services under revenue, in Street Fund for signal cabinet upgrades associated with Crosstown Pipeline Project, $65,000.  Increase debt service in Fund 204 for additional fiscal agent fees associated with BABS Subsidy calculation, $330.  Account for revenue, $5,634,051 and expenditures, $5,630,398 due to previously approved Government Center debt refinancing in Government Center LTGO Fund 205.  Increase transfer-out from Fund 304 to Fund 306 for closing out fund, $60.  Increase debt service in Golf to account for short-term interfund loan interest to ER&R for previously approved capital equipment purchases, $500.  Increase debt service for principal and interest on intergovernmental loans in the Water Utility, $12,425, and Wastewater Utility, $14,500.  Account for additional claim expenses in the Risk Management Fund, $30,000. The budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and department s. CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $7,738,000 $7,738,000 $- Sales 6,250,000 6,250,000 - Other 7,980,900 7,980,900 - Licenses and Permits 917,625 917,625 - Intergovernmental 1,222,786 1,222,786 - Charges for Services 5,284,900 5,284,900 - Fines and Forfeitures 1,133,730 1,133,730 - Miscellaneous 387,530 387,530 - Transfers In & Other Financing 4,665,829 4,665,829 - Total Revenues 35,581,300 35,581,300 - EXPENDITURES Personnel Expenses 26,585,400 26,636,500 51,100 Supplies, Services, and Taxes 7,897,852 7,977,942 80,090 Capital Expenditures 163,042 300,852 137,810 Debt Service 411,305 411,305 - Transfers Out 840,000 840,000 - Total Expenditures 35,897,599 36,166,599 269,000 CHANGES IN FUND BALANCE Net change in fund balances (316,299) (585,299) (269,000) Fund Balances-beginning 3,109,766 3,109,766 - Fund Balances-ending $2,793,467 $2,524,467 $(269,000) GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $332,770 332,770 $- Executive 370,360 370,360 - Financial Services 1,153,840 1,153,840 - Legal Department 981,650 981,650 - Human Resources 398,010 398,010 - Community Development 1,408,536 1,408,536 - Municipal Court 1,294,187 1,294,187 - City Auditor 170,960 170,960 - Police Department 9,598,837 9,598,837 - Fire Department 8,413,452 8,413,452 - Police & Fire Pension 2,544,000 2,544,000 - General Facilities 807,117 970,117 163,000 Parks & Recreation 2,608,741 2,608,741 - Engineering 2,137,328 2,137,328 - Non-Departmental 3,677,811 3,783,811 106,000 Total Expenditures $35,897,599 $36,166,599 $269,000 The target ending fund balance is 8.5% of annual expenditures excluding capital. The target fund balance for the 2012 budget as amended is $3,048,589. The actual ending fund balance after the proposed amendments is $2,524,467 which is lower than the target amount by $524,122. The financial planning goal is to bring the ending fund balance level back up to where it meets or exceeds the target level. FUND 001 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2012 Budget Adjustments: Expenditure - increase capital for Fire Station #1 emergency generator (100,000) Expenditure - decrease supplies in Police and reallocate to capital - forensic equipment purchase 10,410 Expenditure - increase capital in Police reallocated from supplies - forensic equipment purchase (10,410) Expenditure - decrease personnel in Court & reallocate to supplies - public defense, jury trials and security 30,000 Expenditure - increase supplies in Court reallocated from personnel - public defense, jury trials & security (30,000) Expenditure - increase supplies & services in Non-dep for additional prisoner jail days and medical expenses (106,000) Expenditure - decrease supplies in Fire and reallocate to personnel for overtime expense 60,500 Expenditure - increase personnel reallocated from supplies and services in Fire (60,500) Expenditure - increase capital expense for labor costs associated with work performed for capital parks projects (27,400) Expenditure - decrease personnel reallocated to capital in Parks (reimbursed by charges for services)27,400 Expenditure - increase personnel in Facilities for add'l labor expense associated with City Facilities Maintenance (63,000) Expenditure - decrease personnel expense in Finance and reallocate to supplies for temp employment services 15,000 Expenditure - increase supplies in Finance from reallocated personnel expense (15,000) Net adjustment to ending fund balance required $(269,000) Items Previously Approved by Council or Finance Committee New Items Not Previously Approved by Council FUND 001 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other (parking tax)454,800 454,800 - Licenses and Permits - Intergovernmental (fuel tax)820,400 820,400 - Charges for Services 145,000 210,000 65,000 Fines and Forfeitures - Miscellaneous 51,800 51,800 - Transfers in & Other Revenue 824,044 824,044 - Total Revenues 2,296,044 2,361,044 65,000 EXPENDITURES Personnel Expenses 1,196,900 1,196,900 - Supplies, Services, and Taxes 1,084,587 1,084,587 - Capital Expenditures 37,987 102,987 65,000 Debt Service - Transfers Out - Total Expenditures 2,319,474 2,384,474 65,000 CHANGES IN FUND BALANCE Net change in fund balances (23,430) (23,430) - Fund Balances-beginning 187,985 187,985 - Fund Balances-ending $164,555 $164,555 $- Budget Adjustments: Revenue - increase charges for services for signal upgrades associated with Crosstown Pipeline Project 65,000 Expenditure - increase capital for signal improvements associated with Crosstown Pipeline Project (65,000) Net adjustment to ending fund balance required $- New Items Not Previously Approved by Council FUND 102 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $412,800 $412,800 $- Sales - Other - Licenses and Permits - Intergovernmental 37,675 37,675 - Charges for Services - Fines and Forfeitures - Miscellaneous 650 650 - Transfers in 72,500 72,500 - Total Revenues 523,625 523,625 - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - Capital Expenditures - Debt Service 520,775 521,105 330 Transfers Out - Total Expenditures 520,775 521,105 330 CHANGES IN FUND BALANCE Net change in fund balances 2,850 2,520 (330) Fund Balances-beginning 42,109 42,109 - Fund Balances-ending $44,959 $44,629 $(330) Budget Adjustments: Expenditure - increase debt service fees for BABS Subsidy calculation (330) Net adjustment required to the ending fund balance $(330) New Items Not Previously Approved by Council FUND 204 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOVERNMENT CENTER LTGO For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - Fines and Forfeitures - Miscellaneous - - Transfers in & Other Revenue - 5,634,051 5,634,051 Total Revenues - 5,634,051 5,634,051 EXPENDITURES Personnel Expenses - - Supplies, Services, and Taxes - - Capital Expenditures - Debt Service 5,630,398 5,630,398 Transfers Out - - Total Expenditures - 5,630,398 5,630,398 CHANGES IN FUND BALANCE Net change in fund balances - 3,653 3,653 Fund Balances-beginning - Fund Balances-ending $- $3,653 $3,653 Budget Adjustments: Revenue - increase collection of receivables and proceeds from debt refinancing 5,634,051 Expenditures - increase debt service costs for government center refinancing (5,630,398) Net adjustment required to the ending fund balance $3,653 Items Previously Approved by Council FUND 205 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE HARBORSIDE PLAZA & COMMONS For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental - - - Charges for Services - - Fines and Forfeitures - - Miscellaneous - - - Transfers in & Other Revenue - - Total Revenues - - - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - Capital Expenditures - - - Debt Service - Transfers Out 34,336 34,396 60 Total Expenditures 34,336 34,396 60 CHANGES IN FUND BALANCE Net change in fund balances (34,336) (34,396) (60) Fund Balances-beginning 34,336 34,396 60 Fund Balances-ending $- $- $- Budget Adjustments: Expenditure - increase transfer-out to close out fund (housekeeping)(60) Net adjustment required to the ending fund balance $(60) New Items Not Previously Approved by Council FUND 304 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK PLAZA PHASE II For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental 1,960,331 1,960,331 - Charges for Services - - - Fines and Forfeitures - - Miscellaneous 5,444 5,444 - Transfers in & Other Revenue 1,127,836 1,127,896 60 Total Revenues 3,093,611 3,093,671 60 EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - Capital Expenditures 3,909,586 3,909,586 - Debt Service - - Transfers Out 200,000 200,000 - Total Expenditures 4,109,586 4,109,586 - CHANGES IN FUND BALANCE Net change in fund balances (1,015,975) (1,015,915) 60 Fund Balances-beginning 1,015,975 1,015,975 - Fund Balances-ending $- $60 $60 Budget Adjustments: Revenue - increase transfer-in from Fund 304 closing out fund (housekeeping)60 Net adjustment required to the ending fund balance $60 New Items Not Previously Approved by Council FUND 306 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental 745,000 745,000 - Charges for Services - - Fines and Forfeitures - - Miscellaneous 225,000 225,000 - Transfers in & Other Revenue 421 421 - Total Revenues 970,421 970,421 - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - - - Capital Expenditures 1,334,000 1,376,500 42,500 Debt Service 5,700 19,800 14,100 Transfers Out - - - Total Expenditures 1,339,700 1,396,300 56,600 CHANGES IN FUND BALANCE Net change in fund balances (369,279) (425,879) (56,600) Fund Balances-beginning 783,948 783,948 - Fund Balances-ending $414,669 $358,069 $(56,600) Budget Adjustments: Expenditure - increase capital expense for pool lighting upgrades (42,500) Expenditure - increase debt service for pool upgrades (14,100) Net adjustment required to the ending fund balance $(56,600) New Items Not Previously Approved by Council FUND 310 City of Bremerton 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental - - Charges for Services 9,073,900 9,073,900 - Fines and Forfeitures - - - Miscellaneous 326,392 326,392 - Transfers in & Other Revenue 10,290 10,290 - Total Revenues 9,410,582 9,410,582 - EXPENDITURES Personnel Expenses 3,762,140 3,762,140 - Supplies, Services, and Taxes 3,511,080 3,511,080 - Capital Expenditures - - - Debt Service 723,062 735,487 12,425 Transfers Out 5,496,467 5,496,467 - Total Expenditures 13,492,749 13,505,174 12,425 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (4,082,167) (4,094,592) (12,425) Fund Balances-beginning working capital 5,217,167 5,217,167 - Fund Balances-ending working capital $1,135,000 $1,122,575 $(12,425) Budget Adjustments: Expenditure - increase debt service principal payment (housekeeping)(12,425) Net adjustment required to the ending fund balance $(12,425) New Items Not Previously Approved by Council The target ending fund balance is 12% of annual expenditures excluding transfers for capital. The target fund balance for the 2012 budget as amended is $1,136,491. Projected Balance is $1,122,575 after proposed amendments are completed - which is slightly below target. FUND 401 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$ Sales Other Licenses and Permits Intergovernmental Charges for Services 1,950,000 1,950,000 - Fines and Forfeitures - Miscellaneous 89,000 89,000 - Transfers in - - - Total Revenues 2,039,000 2,039,000 - EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 1,812,254 1,812,254 - Capital Expenditures 295,500 295,500 - Debt Service 285,705 286,205 500 Transfers Out - - - Total Expenditures 2,393,459 2,393,959 500 CHANGES IN FUND BALANCE Net change in working capital (354,459) (354,959) (500) Fund Balances-beginning working capital 374,539 374,539 - Fund Balances-ending working capital $20,080 $19,580 $(500) Budget Adjustments: Expenditure - increase for debt service fee's associated with short-term interfund loan from ER&R (500) Net adjustment required to the ending fund balance $(500) Items Previously Approved by Council The target ending fund balance is 12% of annual expenditures excluding capital. The target fund balance for the 2012 budget as amended is $251,815. Projected Balance is $19,580 after proposed amendments are completed - which does not meet the target level. FUND 407 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $- $- $- Sales - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 13,612,612 13,612,612 - Fines and Forfeitures - - Miscellaneous 27,500 27,500 - Transfers in & Other Revenue - - Total Revenues 13,640,112 13,640,112 - EXPENDITURES Personnel Expenses 2,655,090 2,655,090 - Supplies, Services, and Taxes 4,066,616 4,066,616 - Capital Expenditures - - - Debt Service 2,823,563 2,838,063 14,500 Transfers Out 11,977,232 11,977,232 - Total Expenditures 21,522,501 21,537,001 14,500 CHANGES IN FUND BALANCE Net change in working capital (7,882,389) (7,896,889) (14,500) Fund Balances-beginning working capital 9,355,066 9,355,066 - Fund Balances-ending working capital $1,472,677 $1,458,177 $(14,500) Budget Adjustments: Expenditure - increase debt service for principal and interest on intergovernmental loans (14,500) Net adjustment required to the ending fund balance $(14,500) New Items Not Previously Approved by Council The target ending fund balance is 12% of annual expenditures excluding transfers for capital. The target fund balance for the 2012 budget as amended is $1,474,417. Projected balance is $1,472,677 after proposed amendments are completed - which is slightly below the target level. FUND 451 CITY OF BREMERTON 2012 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended December 31, 2012 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2012 2012 2012 REVENUES Taxes Property $$$- Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - Fines and Forfeitures - Miscellaneous 1,429,900 1,429,900 - Transfers in - Total Revenues 1,429,900 1,429,900 - EXPENDITURES Personnel Expenses 240,000 240,000 - Supplies, Services, and Taxes 1,189,900 1,219,900 30,000 Capital Expenditures - Debt Service - Transfers Out - Total Expenditures 1,429,900 1,459,900 30,000 CHANGES IN FUND BALANCE Net change in working capital - (30,000) (30,000) Fund Balances-beginning working capital 1,793,583 1,793,583 - Fund Balances-ending working capital $1,793,583 $1,763,583 $(30,000) Budget Adjustments: Expenditures - Increase supplies and services due to additional unforeseen claim payments (30,000) Net adjustment required to the ending fund balance $(30,000) New Items Not Previously Approved by Council FUND 503 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5204 to amend Chapter 9.88 of the Bremerton Municipal Code (BMC) related to Drug Offenses Study Session Date: December 12, 2012 COUNCIL MEETING Date: December 19, 2012 Department: City Attorney’s Office Presenter: Roger A. Lubovich Phone: 360-473-2345 SUMMARY: Due to the recent passage of Initiative 502, it is necessary to amend the City’s code relating to marijuana to be consistent with the new law. ATTACHMENTS: Proposed Ordinance No. 5204 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5204 to amend Chapter 9.88 of the Bremerton Municipal Code related to Drug Offenses. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Drug Offenses ORDINANCE NO. 5204 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.88 of the Bremerton Municipal code entitled “Marijuana.” WHEREAS, the current provisions of Chapter 9.88 of the Bremerton Municipal Code relating to marijuana are no longer consistent with recent changes to state law as a result of Initiative Measure 502 recently passed by the voters; and WHEREAS, the City Council desires to update the provisions relating to marijuana in order to be consistent with state law and to make other related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.88 of the Bremerton Municipal Code entitled "Marijuana" is hereby amended to read as follows: Chapter 9.88 MARIJUANADRUG OFFENSES 9.88.010 DEFINITIONS. "Drug paraphernalia" is defined as currently set forth in RCW 69.50.102, or hereinafter amended. "Marijuana" is defined as: All parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. The following definitions are hereby adopted: (a) RCW 69.50.101 entitled “Definitions” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (b) RCW 69.50.102 entitled “Drug paraphernalia – Definitions” is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9.88.020 MARIJUANA - POSSESSION. Any person found guilty of possession of forty (40) grams or less of marijuana shall be guilty of a misdemeanor. RCW 69.50.4013, RCW 69.50.4014 and Initiative No. 502 Section 15, with the exception of those provisions contained therein for which a violation constitutes a felony crime, isare hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 2 Drug Offenses 9.88.030 MARIJUANA - IN VIEW OF GENERAL PUBLIC - INFRACTION. Chapter 69.50 RCW, Initiative No. 502 Section 21 (Judicial Information System No. 13C3521) relating to the opening, use or consumption of marijuana, usable marijuana or marijuana –infused products in view of the general public is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A person who violates this section is guilty of a class 3 civil infraction pursuant to RCW 7.80.120(1)(c) as currently enacted and as hereinafter amended from time to time. 9.88.030040 POSSESSION OF DRUG PARAPHERNALIA – PROHIBITED ACTS. RCW 69.50.412, with the exception of those provisions contained herein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9.88.050 DRUG PARAPHERNALIA – SELLING OR GIVING - INFRACTION. RCW 69.50.4121 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9.88.040060 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENTPENALTIES FOR MARIJUANA AND DRUG PARAPHERNALIA. RCW 69.50.425 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A person who is convicted of a misdemeanor violation of BMC 9.88.020 or BMC 9.88.030 040 shall be subject to punishment pursuant to RCW 69.50.425. punished by imprisonment for not less than twenty-four (24) consecutive hours, and by a fine of not less than two hundred fifty dollars ($250.00). On a second or subsequent conviction, the fine shall not be less than five hundred dollars ($500.00). These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty (40) hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended. 9.88.070 LEGEND DRUGS – POSSESSION WITHOUT PRESCRIPTION. RCW 69.41.030, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. For purposes of this section, and as defined in RCW 69.41.010, "Legend 3 Drug Offenses drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only. A violation of this section constitutes a misdemeanor. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2012 _________________________________ JIM McDONALD, Council President Approved this ________ day of ________________________, 2012 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2012 EFFECTIVE the_________day of ______________________, 2012 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\legal\Marijuana (2012)3.doc