Loading...
HomeMy WebLinkAbout09/04/2013 AGENDA ` f n g Q0F7S7 QC3 � 1 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 SEPTEMBER 4, 2013 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 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — August 21, 2013 C Minutes of Study Session — August 28, 2013 D Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to the Special Operations Group (SOG) E Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to Traffic Safety Operations F Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to Marine Patrol Services 6 GENERAL BUSINESS — There are no General Business items 7 PUBLIC HEARINGS A Public Hearing and Resolution No 3202 to recover fees for abatement costs on the property located at 1926 North Callow Avenue B Public Hearing and Ordinance No 5222 to amend Title 20 of the Bremerton Municipal Code (BMC) entitled "Zoning Code" related to SEPA Exemptions, Drive- through Requirements and Commercial Setbacks 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 BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD 4�ew REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU r► Washington State Department of Transportation 5,6wit w-J- 6y Z Uko Developing a Safe Routes Project 'e>06 4- ) � ° 1 3 5 No Cost Solutions and Technical Assistance S teps to Safe Routes Projects 1 Building Partnerships and WSDOT offers no cost assistance for all the phases of developing a Community Support Safe Routes project outlined below, helping schools and communities 2 School Traffic Safety Review prioritize needs, idenify solutions and prepare a plan. 3 Designing Your Proje 4 How to Pay for the Project Contact: Safe Routes to School Coordinator for technical assistance 5 If you are funded by a WSDOT Safe that may include help with the steps below. 6 How Well Routes d Work rant Getting Started! 1. Building Partnerships and Community Support Efforts to provide safe walking and biking facilities work best when coordinated partnerships are used to support them. Safe Routes to School partnerships usually include teachers, school administrator's, transportation professionals, law enforcement, and public health professionals but may include a wide variety of representatives. • Contact for Schools 2. School Traffic Safety Review This review looks at walkability and bikeability in the vicinity of schools It helps to identify where infrastructure improvements are needed as well as safety concerns that could be addressed using education and enforcement efforts. • Bikeability Checklist • Walkability Checklist • Intersection Observation Form (pdf 54kb) • Safe Routes to School Area Assessment (pdf 207kb) • School Observation Assessment (pdf 30kb) Walk Route Planning Washington State school districts are required to have Walk Route Plans, suggested routes to get to school, for elementary schools where there are children that walk to school (WAC 392 -151 -025). School Walk and Bike Routes: A Guide for Planning and Improving Walk and Bike to School Options for Students (pdf 912kb) Provides information about School Walk Route Plans: • Direction on how to develop and implement school walk routes • Procedures to identify pedestrian safety deficiencies along walk routes • Ways for community members to work together to make improvements 3. Designing Your Project Identifying the right solutions for your project requires a knowledge of the various options and an understanding of which options are better for different situations Resource documents are available to help but they do not replace the need to include the transportation professionals responsible for your target location. • Design Assistance Safe Routes • Education • Enforcement • Engineering 4. How to Pay for the Project The WSDOT administers the Safe Routes to School Funding Program. It provides funds for engineering, infrastructure, education, encouragement and enforcement activities to increase the number of children walking and biking to school safely. Funding Sources • Safe Routes to School Funding Program • School Zone Crossing Lights • Other Funding Programs S. If you are funded by a WSDOT Safe Routes to School Grant If you get a Safe Routes to School Grant Award for federal funding there are federal requirements that need to be followed. More information about those requirements can be found in the Local Agency Guidelines (LAG) Manual. • LAG Manual Ch 62 Enhancement, Scenic Byways and Safe Routes to School (pdf 470kb) All funded projects are required to: • Complete quarterly progress reports • Complete and submit pre and post project evaluation results • Complete a School Walk Route Plan • Submit a SRTS Final Report Local Agency Agreement- Funded projects must complete a local agency agreement before work begins • LAG Manual Ch 22: Local Agency Agreement (pdf 1.1 Mb) Tell People (Communicating) About It • National Center for SRTS Articles and Press Releases • Work Zone Safety Guidelines 6. Now Well Did This Work - Evaluation Evaluation is an important part of the Program. Communities that get WSDOT Safe Routes to School Funding are required to evaluate the number of children walking and biking to school before and after their projects using the In -Class Survey Form and Parent Survey Form. Below are some links to the forms and instructions. • In -Class Survey Form (pdf) • Parent Survey Form (pdf 64kb). • Evaluation Instructions Other Planning Assistance • National Parks - Rivers, Trails, and Conservation Assistance Program • MPO /RTPO - Regional and Metropolitan Transportation Planning Organizations • WSDOT Community Design Assistance Learn more about Safe Routes to School • Safe Routes to School Guide • Safe Routes to School Coaching Action Network Webinars I ov $4 O ft) y th N A W /t�n }�}�� Ab t�, Al emu, tiNNQ Oa 4 0 0N 1 t 0 in t tAn ts N .++ � y �! C 3• N t0 � � +D rG � b � � t (D � � t0 f0 t0 M � � � � O ~• 3 WW J Li N O W a p .+ O to -+ W O O + 0 0 0 0 0 -* �• W -+ O) V N A N 01 N to A (O N i J + O i tD co W A A A "O0000 V t0 i A N v V + O N V O to to y, N p p� p► .p t�f W s i V N W t0 1�1 t t i ,�s y th en o .1 t 1� p Qt J N i F to V P V tJ N W Yn 6f tli Oi N G 0o N V N .1 N t0 A Go 41 V 1V t�. O CL 2 N O N + N W W A O 01 N N V 01 V to A NN 1 A O O O A O O O P O + 0 0 0 0 0 0 r+ 0 0- 0 0 0 -+ 0 0 V O i i p O O O d7 O O d O O 0 0 0 0 0 0 00 0 -+ 0 0 0 Ai W O i 0 O 0 0 0 00000000000000 .► 0 0 0 N 0 O 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 o v o n o A �� l C T y� m o 0 o 0 o n n o 0 0 0 0 0 0 0 0 o o o o o o 0 0 o o o o .�- ts 5 co pt O O O A O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A 0 000 .� z �r o• O • marw Patty Lent _ ! 6ren i�Gon wa ua ° /� s� - .p roda ma�tfon } 545 „ Bremerton ;WA98337 =1873 WHEREAS, on September 11, 2001 a terrorist attack upon the United States of America occurred; and WHEREAS, even though the physical attacks were at the United States Pentagon in Washington D.C., the Twin Towers in New York City, and a field in Pennsylvania, the effects were felt throughout the United States and the world; and WHEREAS, we honor the heroes and volunteers that were lost that day and the many who are continuing to serve in their memory; and WHEREAS, twelve years later a Kitsap 9/11 Memorial has been constructed at Evergreen Rotary Park in Bremerton; and WHEREAS, in honor of September l l the City of Bremerton will remember how American's came together that day and hope to educate future generations by holding a day of Remembrance Ceremony at Evergreen Rotary Park at 6:00 pm local time; and WHEREAS, the City of Bremerton expresses their support of the United State's Senate regarding coming together as a nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p m. Eastern Daylight Time on September 11, 2013, in honor of the 12th anniversary of the terrorist attacks committed against the United States on September 11, 2001; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim September 11 h as the remembrance and celebration to "Never Forget" SEPTEMBER 11 in the City of Bremerton and I urge all citizens to celebrate a Day of Remembrance for September I P and support our efforts to educate future generations and truly never forget. SIGNED this 4 day of September 2013. Patty ayor Sharps are not accepted in garbage or recycling containers • Sharps are defined as needles, syringes, ; _ , • scalpels, lancets, and intravenous , tubing with needles attached, g F . • , • • whether they are used or not. Properly dispose of sharps Ask your health care provider or pharmacist if they� accept sharps. If not, you may deliver properly packaged sharps (in one of the containers shown at right) to the attendant booth at any of the j facilities listed on the back. ..— Notify attendant you have brought sharps " before removing from your vehicle. Kitsap Public Health District also accepts sharps, but they must be placed in red sharps containers. For safety reasons, please note: • Close the lid on the container. • Do not overfill. 09 • Do not use milkjugs, coffee cans, or other unapproved containers to store sharps. • Sharps must be stored in a red sharps container (available at pharmacies) or a sturdy plastic bottle with screw -cap lid (e.g 2 -liter soda, detergent, or bleach bottle). Place a biohazard sticker on all screw -cap containers. Stickers are available at all Solid Waste • facilities free of charge. • • Improperly packaged sharps are not accepted for disposal. Note- Facilities are limited to accepting sharps1�t r from residential m r only customers s Businesses should call Stericycle at 800 - 755 -3291. ft See back or call Kitsap 1 at 360 - 337 -5777 for drop -off locations in Kitsap County P 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT. Claims & Check Register Study Session Date: COUNCIL MEETING Date: September 4. 2013 Department: Financial Services Presenter. Shannon Conn Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers- 1) Check Ws 354921 through 355009 and EFT's 13118 through 13150 in the amount of $1,308,044 56. 2) Regular Payroll for the pay period ending August 31, 2013 in the amount of $698,785.62. 3) Retiree Payroll for the pay period ending August 31, 2013 in the amount of $56,227.27. ATTACHMENTS: FISCAL IMPACTS (include Budgeted Amount). STUDY SESSION AGENDA 0 No Discussion O Full Presentation STUDY SESSION ACTION: ® Consent Agenda O General Business 0 Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form updated 11=12 AGENDA BILL so CITY OF BREMERTON CITY COUNCIL SUBJECT Minutes of Meeting — Study Session Date August 21, 2013 COUNCIL MEETING Date September 4, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS. Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION- ❑x 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 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 21, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 21, 2013, at 5 00 PM in the Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Eric Younger was absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Corin, Legislative Assistant Lori Smith, and Information Services Manager Kevin Matthew 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 Jim McDonald followed by the invocation provided by Pastor Tim Cartwright of Emmanuel Lutheran Church President Wheeler announced that the screen is still in the process of being repaired, and the order of the agenda has been changed so that General Business Items 3A and 3B will be heard first on the Agenda tonight GENERAL BUSINESS 3A — RECREATION & CONSERVATION OFFICE (RCO) GRANT AGREEMENT FOR EVERGREEN ROTARY PARK IMPROVEMENTS (INCLUSIVE PLAYGROUND AND ADA ACCESSIBILITY) Parks & Recreation Director Wvn Birkenthal explained that the attached grant agreement provides $211,350 to assist in the renovation of Evergreen Rotary Park -- creating Bremerton and Kitsap County's first fully accessible playground This project improves ADA access from the main parking lot to the park's central activity area, increases the number of ADA and regular car parking spaces by 10, and trees and landscaping are developed in the parking lot and along the shoreline Parks Development Planner Colette Berna presented additional details about the proposed improvements This project has been recommended by the Parks & Recreation Commission Additionally an active volunteer group named "Bremerton Beyond Accessible Playgrounds" has donated $50,500 in cash, and has pledged 360 hours of volunteer labor to assist with project construction Rebecca Utah Gabe Utah and Stanley Westerback expressed their appreciation to Wyn Birkenthal, Colette Berna, the City Council Members, and the Mayor for supporting their efforts, and presented a check to the City in the amount of $50,500, and John Larson Chair of the Parks & Rec Commission, provided comments m support of these grants 05:52:30 Motion was made by Daugs, and seconded by Arends Questions were asked by Daugs with responses provided by Mr Birkenthal, Comments were provided by Daugs, Brockus, Flemister, and Wheeler 05:59:52 M /S /C /U (Daugs / Arends) Move to authorize the Mayor to finalize and enter into the Grant Agreement with the Recreation & Conservation Office (RCO) Funding Board for Evergreen Rotary Park inclusive playground and park Improvements with substantially the same terms and conditions as presented. 3B — COMMUNITY FORESTRY GRANT AGREEMENT WITH DEPARTMENT OF NATURAL RESOURCES (DNR) FOR EVERGREEN ROTARY PARK IMPROVEMENTS (SHADE AND HABITAT TREES) Parks & Recreation Director Wvn Birkenthal also explained that the attached Community Forestry Assistance Grant Agreement with the Washington State Department of Natural Resources (DNR) pays for the cost of shade and habitat trees at Evergreen Rotary Park City Council Reg Mtg Minutes Wednesday, August 21, 2013 Page 2 of 4 The grant is intended to demonstrate the use of trees to shade the shoreline, increase habitat values and filter storm water runoff from paved surfaces The grant also pays for educational signage explaining the advantages of shoreline trees This grant is a sister grant to the RCO grant for Evergreen Rotary Park improvements and the RCO grant serves as the local match for Community Forestry grant The grant project helps Bremerton maintain its Tree City USA designation by planting species appropriate urban trees to publicly owned lands There were no additional questions or comments from the public or the Council 06:00:20 M /S /C /U (Brockus /Daugs) Move to authorize the Mayor to finalize and enter into the Community Forestry Grant Agreement with Department of Natural Resources (DNR) for Evergreen Rotary Park with substantially the same terms and conditions as presented MAYOR'S REPORT — Mayor Patty Lent • Presented a Key to the City to Stanley Westerback for his Eagle Scout Kiosk Project at Evergreen Rotary Park, • Invited the public to participate in the Work Parties at Forest Ridge Park ever 3 rd Saturday and at Kiwanis Park every 4 th Saturday (including this week), • Announced the 24 Annual Bremerton Blackberry Festival to be held over Labor Day Weekend, and • With the first day of school on September 4, the Council Members and members of the community were encouraged to attend a Special Meeting of the Bremerton School Board on Monday, August 29 at 5 00 PM to provide comments regarding the new Superintendent Police Chief Strachan provided a monthly briefing on the Bremerton Police Department PUBLIC RECOGNITION Bob Dollar thanked Mayor Lent and Public Works Department for forming a 4 th Street Tree Committee, and volunteered to serve Jack Stanfill presented information for the record to express his concern about the potential impact to the wetlands and surrounding area due to activities by the Ueland Tree Farm He also expressed concern that the City of Bremerton did not provide any comments during the entire EIS process Lastly, he mentioned that Bob Dollar is a new member of their Board Jack Arends led the Council and those in attendance at the meeting tonight in singing "Happy Birthday' to Council Member Carol Arends CONSENT AGENDA 7A — Claims & Check Register Check Numbers 354729 through 354920, and EFT- 13076 through EFT -13117 in the amount of $1,784,611 35, and Regular Payroll for the pay period ending August 15, 2013 in the amount of $699,659 57 7B — Minutes of Meeting — August 7, 2013 7C — Minutes of Study Session — August 14, 2013 7D — Purchase of Emergency Generator for Pump Station KL -2 from Cummins Northwest LLC 7E — Resolution No 3201 to allow the transfer of 5 -feet of City Property to Right -of -Way along Taft Avenue and 19 Street 7F — Award Goods & Services Agreement to Olson Brothers Pro -Vac LLC of Puyallup There were no comments from the public City Council Reg Mtg Minutes Wednesday, August 21, 2013 Page 3of4 06:25:45 M /S /C /U (McDonald/Wofford) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS (Continued ) 8A — AWARD CONSULTANT CONTRACT TO GREY & OSBORNE, INC. FOR THE DESIGN OF THE LOWER WHEATON WAY PROJECT City Engineer Tom Knuckey summarized that the City received funding from the Transportation Improvement Board (TIB) to make bicycle and pedestrian improvements on Lower Wheaton Way from the Manette Bridge to Lebo Boulevard The project includes revising the current roadway section from the current 18 -foot drive lanes and sporadic sidewalk, to 12 -foot drive lanes with 5 -foot bike lanes, landscaping, stormwater, sanitary and water main improvements, and a continuous sidewalk on the waterside which will continue the bridge -to- bridge urban trail The City requested proposals from five consultants, three were interviewed, and Grey & Osborne, Inc was selected as the designer There were no comments from the public 06:30:05 Motion was made by Daugs, and seconded by Brockus Questions were asked by Daugs, Brockus, and McDonald, with responses provided by Mr Knuckey Comments were provided by McDonald and Wheeler 06:35:55 M /S /C /U (Daugs /Brockus) Move to approve the consultant contract with Grey & Osborne, Inc for the design of the Lower Wheaton Way Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Nick Wofford thanked those who volunteer for their community Carol Arends also thanked everyone who volunteered their time, and appreciates having a caring community She also thanked everyone for the birthday wishes Faye Flemister thanked Milenka Hawkins- Bates, Administration Divisions Manager for the Public Works Department for organizing a group of volunteers to paint the curbs around the schools, and announced that a Public Meeting would be held on Tuesday, September 3 at 5 00 PM to allow a chance for the community to comment on the renaming of a portion of 7 th Street in honor of Dr Martin Luther King, Jr Wendy Priest has found it worthwhile to be a member of the Council during all of the wonderful projects that have been taking place, and encouraged anyone who can attend the Kitsap County Fair to see the City's police dogs in action Adam Brockus was pleased to see Congressman Kilmer answer questions and greet the public, was pleased with the success of the "Music in Manette" free summer concert series, and encouraged the public to attend the last "Rock the Dock" free summer concert series on the Bremerton Boardwalk Lastly, he encouraged attendance at the 10 Annual Manette Fest which is coming up on Saturday, September 7 th and announced a Harvest Festival would be added in September Leslie Daugs reminded everyone that the Kitsap County Fair begins today, and looked forward to attending a Recognition Ceremony for Kitsap Community Resources & AmenCorps members on Friday, August 30 She also thanked all of the volunteers who helped with the curb - painting project City Council Reg Mtg Minutes Wednesday, August 21, 2013 Page 4 of 4 Jim McDonald enjoyed attending the Kitsap Wine Festival last weekend, and was pleased with the progress with the Kitsap 9 -11 Memorial and announced that the beams would be set in place at Evergreen Rotary Park this Saturday at 8 00 AM Greg Wheeler and invited anyone interested in attending the next Friends of Kiwanis Park Work Party on Saturday, August 24 from 9 00 to 11 00 AM (once per month until November) Enjoyed seeing the summer concert series as "community builders ", and congratulated Leslie Daugs on earning the Association of Washington Cities' Certificate of Municipal Leadership With no further business, President Wheeler adjourned the Council Meeting at 6 50 PM Prepared and Submitted by 0192 & - Siffi LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeereeeeeeeeeeeeeeeeeereereeeeeeeee0 eeeeeeeeeeeee■0 eeeeee0 eeeeeeeeeeee ■0 e9 eeeseeeee1 SUBJECT Minutes of Study Session — Study Session Date August 28, 2013 COUNCIL MEETING Date September 4, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA Z No Presentation ❑ Full Presentation STUDY SESSION ACTION Nx 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 01125/13 I I I DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 28, 2013 A Study Session 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, August 28, 2013, at 5 00 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Assistant Christine Grenier was present to provide staff support President Wheeler emphasized that the Study Session 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 September 4, 2013 Council Meeting Agenda or as indicated A NO PRESENTATION ITEMS — The following items are budgeted items or have already been reviewed by the appropriate Council Committee 1 Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to the Special Operations Group (SOG) Consent Agenda 2 Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to Traffic Safety Operations Consent Agenda 3 Interlocal Agreement between the City of Poulsbo and the City of Bremerton relating to the Marine Patrol Services Consent Agenda B FULL PRESENTATION ITEMS 4 Purchase of four (4) Handheld [Parking] Citation Devices from CiteZone corn Information Only 5 PFepesed publiG heaF'RgS (GR September A and 19) to approve Letter AgFeemeRt and Lease feF PeRdeFgast PaFk SGGGeF Field with West SGURd FG PFen;ler SGGGeF Club Item Pulled 6 Proposed public hearing and resolution to recover fees for abatement costs on the property located at 1926 North Callow Avenue Public Hearing 7 Proposed public hearing and ordinance to amend Title 20 of the Bremerton Municipal Code (BMC) entitled "Zoning Code" related to SEPA exemptions, Drive- through Requirements and Commercial Setbacks Public Hearing Council recessed from 6 42 to 6 52 PM C GENERAL COUNCIL BUSINESS 1 Finance and Investment Committee Briefing (8128113 Meeting) — Eric Younger, Chair 2 Finalize 2014 City Council Goals — Greg Wheeler, Council President 3 Other General Council Business D ADJOURNMENT OF STUDY SESSION With no further business, President Wheeler adjourned the Council Study Session at 8 52 PM i i i City Council Study Session Minutes Wednesday, August 28, 2013 Page 2 of 2 Prepared and Submitted by CHRISTINE G ENIER Council Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL 15D CITY OF BREMERTON CITY COUNCIL ■ s���e�a��s���������������������������������00NMM0E0EWE00 0EW000a0N0000E0E00EEE00W000aEEI SUBJECT Study Session Date August 28, 2013 Interlocal SOG Agreement between the City COUNCIL MEETING Date September 4, 2013 of Poulsbo and the City of Bremerton Department Police Presenter James Burchett Phone (360) 473 -5225 SUMMARY. Interlocal agreement to create a collaborative effort between the Bremerton Police Department and the City of Poulsbo Police Department to enhance point investigative abilities in order to more effectively identify, arrest and deter those members of our community involved in the use, sale, manufacturing and distribution of narcotics, prostitution, gambling or criminal gang activity ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount) Poulsbo to receive from Bremerton a sum equal to seven percent (7 %) of the yearly drug forfeiture cash and cash proceeds from sales of forfeited property of all cases STUDY SESSION AGENDA Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the City of Poulsbo 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 i i Form Updated 01/25/13 I i 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE CITY OF POULSBO This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39 34 RCW by and between the City of Bremerton ( "Bremerton ") and the City of Poulsbo ( "Poulsbo ") WHEREAS, this agreement is intended to create a collaborative effort between the City of Poulsbo Police Department ( "PPD ") and the City of Bremerton Police Department ( "BPD ") to enhance point investigative abilities in order to more effectively identify, arrest and deter those members of our community involved in the use, sale, manufacturing and distribution of narcotics, prostitution, gambling or criminal gang activity NOW THEREFORE, Poulsbo and Bremerton, through their respective legislative bodies, do hereby agree as follows 1 Poulsbo shall assign, as department staffing levels permit, a full time officer to work in the BPD Special Operations Group ( "SOG ") to participate in narcotics, prostitution, gambling and gang investigations This understanding permits the Poulsbo police officer to work out of the SOG office in Bremerton, Washington SOG will target criminal activities that impact both the City of Poulsbo and the City of Bremerton communities These officers will liaise between the agencies and facilitate a closer working relationship 2 BPD recognizes that the assigned Poulsbo police officer has responsibilities with PPD and may be required to provide investigative support, attend mandatory training, conduct investigations or attend to other work related issues associated and required by the Poulsbo 3 BPD also recognizes that the assigned Poulsbo police officer has reporting responsibilities to PPD regarding his or her delegated duties in SOG Prior to reporting any information to PPD regarding an ongoing SOG investigation or covert operation, the assigned Poulsbo police officer will obtain approval from the SOG supervisor This will allow Poulsbo and SOG superiors to ensure that the investigation or operation is not compromised. 4 BPD will issue a limited police commission to the Poulsbo officer assigned to work with SOG This limited commission is authorized when assigned to SOG and gives authority to the Poulsbo officer to enforce ordinances of the City of Bremerton and to protect the public peace within the City of Bremerton This commission is valid during work hours and for the duration of the officer's assignment At the conclusion of this agreement all forms of identification and authorization issued by the Bremerton Police Department will be returned and terminated 5 PPD will issue a limited police commission to the Bremerton Police officers assigned to SOG This limited commission is authorized when assigned to SOG and gives authority to the Bremerton officers to enforce ordinances of the City of Poulsbo and to protect the public peace within the City of Poulsbo This commission will be revoked upon the Bremerton officer leaving SOG At the conclusion of this agreement all forms of identification and authorization issued by PPD will be returned and terminated i Page 1 of 4 I 6 Law enforcement personnel assigned to SOG shall have such authority to enforce state laws within the geographical area of the Cities of Bremerton and Poulsbo, or any other jurisdiction in Washington, as is given them by the Washington Mutual Aid Peace Officers Powers Act, RCW 1093 7. PPD personnel assigned to SOG will adhere to the policies established by SOG and PPD and will work under the day -to -day supervision of the SOG supervisor Nevertheless, at all times, PPD personnel assigned to SOG shall be considered employees of the PPD, which shall be solely and exclusively responsible for that employee All rights, duties and obligations of the employer shall remain with PPD The personnel assigned by PPD shall continue under the employment of PPD for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to SOG or the activities of SOG 8 Indemnification a In executing this agreement, Poulsbo does not assume liability or responsibility for or in any way release Bremerton from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of Bremerton ordinances, rules or regulations If any such cause, claim, suit, action or administrative proceeding is commenced, Bremerton shall defend the same at its sole expense and if judgment is entered or damages are awarded against Bremerton, Poulsbo, or both, Bremerton shall satisfy the same, including all chargeable costs and attorney's fees b In executing this agreement, Bremerton does not assume liability or responsibility for or in any way release Poulsbo from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of Poulsbo ordinances, rules or regulations If any such cause, claim, suit, action or administrative proceeding is commenced, Poulsbo shall defend the same at its sole expense and if judgment is entered or damages are awarded against Poulsbo, Bremerton or both, Poulsbo shall satisfy the same, including all chargeable costs and attorney's fees c Poulsbo shall indemnify and hold harmless Bremerton and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Poulsbo, its officers, agents, and employees in performing services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought against Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same at its sole cost and expense, and if final judgment be rendered against Bremerton and its officers, agents, and employees orjomtly against Bremerton and Poulsbo and their respective officers, agents, and employees Poulsbo shall satisfy the same d Bremerton shall indemnify and hold harmless Poulsbo and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Bremerton, its officers, agents, and employees in performing services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought against Poulsbo or Bremerton and Poulsbo, Bremerton shall defend the same at its sole cost and expense, and if final judgment be rendered against Poulsbo, and its officers, agents, and employees or jointly against Poulsbo and Bremerton and their respective officers, agents, and employees Bremerton shall satisfy the same Page 2 of 4 e If a claim is made that both parties are responsible for all or a portion of damages alleged to have been sustained as a result of acts or omissions of the parties hereto, then the above referenced indemnity and hold harmless provisions shall apply only to the extent of the proportion of liability attributable to the indemnifying party If liability is not or cannot be apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred in the matter and shall indemnify and hold the other party harmless for one half of any amount awarded by the Court or other decision making body with jurisdiction as a result of the alleged acts or omissions 9 Poulsbo agrees to furnish and pay for service of a cellular system for its assigned agent that is compatible to cellular equipment utilized by SOG 10 Bremerton will provide workspace and work station with required computer equipment and maintenance support for the assigned Poulsbo officer 11 Bremerton, through its SOG supervisor, shall maintain a fund of ready cash so that day -to -day needs of SOG can be met The Poulsbo officer assigned to SOG will be apportioned imprest monies from the fund by the SOG supervisor, in accordance with SOG polices, to conduct controlled narcotics purchases and other authorized official business The assigned Poulsbo officer will be accountable for the proper handling of the funds in accordance with SOG policy and will be subject to audit 12 For operational necessity, the assigned Poulsbo officer will be authorized to participate in SOG required training and meetings 13 The Poulsbo officer assigned to SOG pursuant to this agreement will receive compensation from Poulsbo only, and is prohibited from receiving compensation in any form, from SOG or any other source 14 The terms of this agreement will commence as of the date signed by both parties This agreement can be terminated at any time with 30 days written notice by either party with the understanding that all reasonable attempts will be made not to jeopardize personnel and active undercover operations 15 The parties do not intend to create through this Agreement a separate legal entity subject to suit 16 Drug forfeiture cash and cash proceeds from sales of property forfeited as a result SOG operations pursuant to RCW 69 50 505 shall be placed into a forfeiture fund managed by Bremerton Such monies shall remain subject to the use restrictions of RCW 69 50 505 in the hands of each party until fully expended for the law enforcement purposes permitted in RCW 69 50 505 17 Poulsbo shall receive from Bremerton a sum equal to seven percent (7 %) of the yearly drug forfeiture cash and cash proceeds from sales of forfeited property of all cases The seven percent is calculated after deduction of the State of Washington remittance required by RCW 69 50 505(9) Page 3 of 4 18 BPD will issue tactical equipment that is available within the SOG quartermaster system All other officer equipment will be purchased by and the responsibility of PPD 19 BPD will assign a SOG unmarked / undercover vehicle to the Poulsbo officer Fuel and maintenance will be the responsibility of the PPD 20. Poulsbo shall be responsible for record keeping, reporting, managing and dispersing of funds it receives from the forfeiture fund in accordance with the restrictions and provisions of RCW 69 50 505 21 The Chiefs of BPD and PPD, or their designees, will meet each quarter, or as needed, for the purpose of reviewing and discussing the operations and performance of SOG Signatures of approving authorities Dated this day of 2013 Alan Townsend Steven Strachan Chief of Police Chief of Police City of Poulsbo City of Bremerton Police Department Becky Erickson Patty Lent Mayor, City of Poulsbo Mayor, City of Bremerton R \ Legal \Legal \Contracts\Police \SOG - Poulsbo mterlocal Agreement bremerton Edits 6 -24 -13 - Final doc Page 4 of 4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date August 28, 2013 the City of Poulsbo and the City of COUNCIL MEETING Date September 4, 2013 Bremerton relating to Traffic Safety Department Police Operations Presenter Chief Strachan Phone 473 -5750 SUMMARY This agreement confers authority on City of Poulsbo police officers to enforce State and locals laws and ordinances within the City of Bremerton for the purpose of mutual aid traffic safety enforcement and education ATTACHMENTS Interlocal Agreement signed by the City of Poulsbo FISCAL IMPACTS (Include Budgeted Amount) There are no fiscal impacts, as mutual aid will only occur with on -duty officers STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION x❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Interlocal Agreement with the City of Poulsbo 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 01/25/13 INTERLOCAL AGREEMENT BETWEEN THE CITY OF POULSBO AND THE CITY OF BREMERTON RELATING TO TRAFFIC SAFETY OPERATIONS THIS IS AN AGREEMENT between the City of Poulsbo, a municipal corporation of the State of Washington, hereinafter referred to as "Poulsbo" and the City of Bremerton, a municipal corporation of the State of Washington, hereinafter referred to as "Bremerton" WHEREAS, Poulsbo and Bremerton share similar interests in effectively maintaining traffic safety operations in then respective cities; and WHEREAS, when working together, both cities have the ability to enhance traffic safety and focus more resources on a particular problem or situation at one time, NOW Therefore, Poulsbo and Bremerton hereby agree as follows: 1 AUTHORITY FOR AGREEMENT This Letter of Agreement is entered into as an Interlocal agreement pursuant to the Washington Mutual Aid Peace Officers Powers Act as codified in Chapter 10.93 of the Revised Code of Washington. 2. PURPOSE OF THE AGREEMENT. The Police Department of the City of Poulsbo and the Police Department of the City of Bremerton each maintain motorcycle patroUtraffic units for the purpose of traffic safety enforcement and education The Police Department of the City of Poulsbo maintains primary responsibility for law enforcement services within the city limits of Poulsbo. The Police Department of the City of Bremerton maintains primary responsibility for law enforcement services within the city limits of Bremerton. The above agencies agree that there is a benefit to sharing the resources of both motorcycle patrol and traffic safety units to better saturate specific emphasis areas with more effective patrol The benefit is to the citizens of both jurisdictions, especially areas such as school zones where motorcycle patrols can serve as a significant impact to traffic safety in those areas and in turn help to ensure the safety of pedestrians and other motorists. 3 MUTUAL AID LAW ENFORCEMENT SERVICES Each party will, to the best of its ability, furnish Traffic Safety Patrol Officers mutual aid law enforcement services to, and at the request of, any of the parties named in this agreement. Each city shall confer police authority on those officers from other jurisdictions providing mutual aid law enforcement services and enforcing the requesting department's ordinances. Far purposes of this agreement, the request for mutual aid can be made by the law enforcement agency with primary jurisdiction If, in the exercise of its discretion, the responding department determines that its department cannot provide the requested mutual aid services, then such department shall immediately notify the iequestor of the formei's inability to respond. The responding department shall be the sole judge of its ability to respond and assumes no liability for declining to respond. 1 4. SERVICES INCLUDED. Foi purposes of this Agreement, Traffic Safety Patrol Officers mutual aid law enforcement services shall mean traffic safety education and enforcement. Enforcement shall occur using the primary jurisdiction's ordinances and all citations subject to adjudication in the municipal court shall be sent to the municipal court of the primary jurisdiction. The services provided will be in accordance with the responding agencies policies and procedures. Any investigative reports completed by the Traffic Safety Patrol Officers will be forwarded to the agency with primary jurisdiction as soon as practical. 5. TERM. This Agreement is effective upon authorization and signature by both parties The contract period shall continue until Decembei 31, 2016. This agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the proceeding November 30th of any such year. Any party may terminate its participation in this Agreement by giving 60 days notice of termination to the other parties hereto. 6 INDEPENDENT CONTRACTOR. The parties acknowledge and agree that in the performance of this Agreement, they are acting as independent contractors and not as agents of each other 7. INDEMNIFICATION a. In executing this agreement, Poulsbo does not assume liability or responsibility for or in any way release Bremerton from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of Bremerton ordinances, rules or regulations If any such cause, claim, suit, action or administrative proceeding is commenced, Bremerton shall defend the same at its sole expense and if judgment is entered or damages are awarded against Bremerton, Poulsbo, or both, Bremerton shall satisfy the same, including all chargeable costs and attorney's fees. b. In executing this agreement, Bremerton does not assume liability or responsibility for or in any way release Poulsbo from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of Poulsbo ordinances, rules or regulations. If any such cause, claun, suit, action or administrative proceeding is commenced, Poulsbo shall defend the same at its sole expense and if judgment is entered or damages ate awarded against Poulsbo, Bremerton or both, Poulsbo shall satisfy the same, including all chargeable costs and attorney's fees. C. Poulsbo shall indemnify and hold harmless Bremerton and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Poulsbo, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same at its sole cost and expense, and if final judgment be rendered against Bremerton and its officers, agents, and 2 employees or jointly against Bremerton and Poulsbo and their respective officers, agents, and employees Poulsbo shall satisfy the same. d Bremerton shall indemnify and hold harmless Poulsbo and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Bremerton, its officers, agents, and employees in performing services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought against Poulsbo or Bremerton and Poulsbo, Bremerton shall defend the same at its sole cost and expense, and if final judgment be rendered against Poulsbo, and its officers, agents, and employees or jointly against Poulsbo and Bremerton and their respective officers, agents, and employees Bremerton shall satisfy the same e. If a claim is made that both parties are responsible for all or a portion of damages alleged to have been sustained as a result of acts or omissions of the parties hereto, then the above referenced indemmty and hold harmless provisions shall apply only to the extent of the proportion of liability attributable to the indemnifying party. If liability is not or cannot be apportioned, then the parties shall be responsible for their own costs and attorney's fees incurred in the matter and shall indemnify and hold the other party harmless for one half of any amount awarded by the Court or other decision making body with jurisdiction as a result of the alleged acts or omissions 8 GOVERNING BODY. A joint board consisting of the police chief for the City of Poulsbo and police chief for the City of Bremerton shall administer this Agreement Meetings may be called upon the request of any board member with seven (7) days mirumum notice 9. COUNTERPARTS. This Agreement shall be signed in counterparts and, if so signed, shall be deemed one integrated agreement 10 MODIFICATION The parties may amend, modify, or supplement this Agreement only by written agreement executed by the parties hereto. 11. MERGER AND ENTIRE AGREEMENT This Agreement merges and supersedes all prior negotiations, representations and/or agreements between the parties relating to the subject matter of this Agreement and constitutes an entire contract between the parties. 1 i i I I I 3 i i I IN WITNESS WHEREOF the parties have executed this Agreement. Dated this day of 2013 Dated this day of Au- ,-Gus? 2013 CITY OF BREMERTON CITY OF POULSBO By. By: 1 r' 4 ? Patty Lent, Mayor Beck rickson, Mayor DEPARTMENTAL APPROVAL: DEPARTMENT APPROVAL - ZA //Avt---j — Steven Strachan, Chief of Police Alan Townsend, Chief of Police APPROVED AS TO FORM APP R�TO RM- Roger A Lubovich, City Attorney Jim Haney, City Attorney R V- egal\Legai \Contrads\Police \Traffcc Safety Interlocal with Pouisbo 6-24 -13 dou I i I I i 4 I 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ a�������a�0Na000sNNNM000ER00X00s0000000a0000E0EE0aa00NNEE00NN000000E0000 ff0000a00aM0001 SUBJECT- Interlocal Agreement between Study Session Date August 28,2013 the City of Poulsbo and the City of COUNCIL MEETING Date September 4, 2013 Bremerton relating to Marine Patrol Services Department Police Presenter Chief Strachan Phone 473 -5750 SUMMARY This agreement confers authority to the City of Poulsbo Police Department Marine Patrol to patrol waters within the Bremerton city limits for the purposes of enforcing applicable laws and ordinances, promoting boating safety, and preventing law and safety violations ATTACHMENTS: Interlocal Agreement signed by the City of Poulsbo FISCAL IMPACTS (Include Budgeted Amount) Due to the mutual interest of and benefit to both parties in public safety for the community, no monetary compensation will be paid for these services STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION. Nx Consent Agenda ❑ General Business ❑ Public Hearing Move to approve the Interlocal Agreement with the City of Poulsbo 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 01/25/13 I INTERLOCAL AGREEMENT BETWEEN THE CITY OF POULSBO AND THE CITY OF BREMERTON RELATING TO MARINE PATROL SERVICES THIS AGREEMENT is between the City of Poulsbo, a municipal corporation of the State of Washington, hereinafter referred to as the "Poulsbo ", and the City of Bremerton, a municipal corporation of the State of Washington, hereinafter referred to as "Bremerton" for marine patrol services WHEREAS, Poulsbo and Bremerton have geographical boundaries either bordering on or encompassing navigable waters in Kitsap County and, thus have the authority to police these waters; and WHEREAS, Poulsbo has established and maintains a marine patrol service on the waters within Poulsbo's jurisdiction which can also service the waters under the authority of Bremerton; NOW Therefore, Poulsbo and Bremerton hereby agree as follows: 1 Police Authority Bremerton confess municipal police authority on Poulsbo officers engaged pursuant to this Agreement to enforce State and Bremerton ordinances within Bremerton waters for the purposes of carrying out this Agreement. 2. Assistance and Patrol Through its Marine Patrol Unit, Poulsbo may provide assistance to the Bremerton Police Department upon request, and may patrol waters under the authoiity of Biemerton for the purposes of enforcing applicable laws and ordinances, promoting boating safety, and preventing law or safety violations, including responding to emergency complaints in accordance with standard emergency dispatch protocol. Due to the mutual interest of and benefit to both parties in public safety for the community, no monetary compensation will be paid foi these services. 3. No Duty to Patrol or Provide Assistance Poulsbo Marine Patrol Unit shall have the primary interest of patrolling its own waters, and shall not be liable for, or be considered to be in breach of or default under this Agreement on account of any delay in or failure to perform any obligation under this Agreement. This Agreement shall not create any duty on the part of Poulsbo to patiol the waters of Bremerton or respond to requests for assistance Poulsbo has the absolute discretion to decline to provide any requested assistance at any time without incutiing any liability 4 Independent Contractor The parties to this Agreement agree that Poulsbo is acting as an independent contractor and controls all marine patrol personnel, including standards of performance and discipline All persons rendering marine patrol services under this Agreement shall be for all purposes employees of Poulsbo 5. Indemnification a. In executing this agreement, Poulsbo does not assume liability or j responsibility for or in any way release Bremerton from any liability or responsibility, I I which arises in whole or in part from the existence, validity or effect of Bremerton ordinances, rules or regulations If any such cause, claim, suit, action or administrative proceeding is commenced, Bremerton shall defend the same at its sole expense and if judgment is enteted or damages are awarded against Bremerton, Poulsbo, or both, Bremerton shall satisfy the same, including all chargeable costs and attorney's fees. b. Poulsbo shall indemnify and hold harmless Bremerton and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Poulsbo, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same at its sole cost and expense; and if final judgment be rendered against Bremerton and its officers, agents, and employees or jointly against Bremerton and Poulsbo and their respective officers, agents, and employees Poulsbo shall satisfy the same. C. Bremerton shall indemnify and hold harmless Poulsbo and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Bremerton, its officers, agents, and employees in performing services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought against Poulsbo or Bremerton and Poulsbo, Bremerton shall defend the same at its sole cost and expense; and if final judgment be rendered against Poulsbo, and its officers, agents, and employees or jointly against Poulsbo and Bremerton and their tespective officers, agents, and employees Bremerton shall satisfy the same. d If a claim is made that both parties are responsible for all or a portion of damages alleged to have been sustained as a result of acts or omissions of the parties hereto, then the above referenced indemnity and hold harmless provisions shall apply only to the extent of the proportion of liability attributable to the indemnifying party. If liability is not or cannot be apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred in the matter and shall indemnify and hold the other party harmless for one half of any amount awarded by the Court of other decision making body with jui isdiction as a result of the alleged acts or omissions. 6 Contract Administration The parties do not by this Agreement create any separate legal or administrative entity. The Chief of Police of each party shall be responsible fot administering the terms of this Agreement The parties do not intend to jointly own any teal or personal property as part of this undertaking. 7. Dutation This Agreement is effective upon authorization and signature by both parties. The contract pet iod shall continue until December 16, 2016 This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the proceeding Novembet 30` of any such year j 8. Termination Either party may terminate this Agreement at any time upon thirty days (30 days) written notice to other party i 2- i I 9. Amendment and Waiver This Agreement may be amended by mutual written agreement of the parties. No waiver by any party of any term or condition of this Agreement shall be deemed or construed waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement. Dated this day of , 2013 Dated this day of , 2013 CITY OF BREMERTON CITY OF POULSBO By: By: Patty Lent, Mayor Becky Uckson, Mayor DEPARTMENTAL APPROVAL. DEPARTMENTAL APPROV A1 ! Steven Strachan, Chief of Police Alan Townsend, Chief of Police APPROVED AS TO FORM: APPRO D AS TO FORM: 2 Roger A. Lubovich, City Attorney Jim Haney, City Attorney �qb R 1LegailLeo\ContractsTolice\Mazme Patrol ILA Poulsbo 2013 - Final doc -3- AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL 0 ■ aM0aM00E0a00a0WM0MMM000M000000000EE00NNNN00n0N000000EEa000NE00Ea00E000E00N0W00EE00E001 SUBJECT: Public Hearing and Study Session Date August 28, 2013 Resolution No 3202 to recover fees for COUNCIL MEETING Date September 4, 2013 abatement costs on the property located at Department DCD 1926 N Callow Avenue Presenter Janet Lunceford Phone 473 -5213 SUMMARY- In July of 2013, the City contracted with TRS to secure the house and remove garbage, debris and weeds from the property located at 1926 N Callow Avenue, pursuant to an Order of Abatement issued by Kitsap County Superior Court The Order of Abatement allowed the City to enter the property, perform the work, and lien the property for the costs of the action The owner of the property, Robert Bottorff, could not be located, service was made by publication The cost charged to the revolving abatement fund for this action totaled $6351 40, which includes the contract amount, the advertising costs, process server costs, filing fees and administrative fees as specified in Rate Table C of the Bremerton Municipal Code The Notice of Hearing was advertised in the Kitsap Sun on August 16, 2013, and was posted on the front door of the house on the property located at 1926 N Callow Council must now decide if the fees are dust and reasonable, and how they should be collected ATTACHMENTS • Resolution No 3202 • Resolution Exhibit A Clerk's Memo with Invoices and BMC Rate Table C • Order of Abatement from Kitsap County Superior Court, dated May 10, 2013 • Order of Default from Kitsap County Superior Court, dated May 10, 2013 • Declaration of Posting, dated August 14, 2013 • Affidavit of Publication from Kitsap Sun, dated August 16, 2013 FISCAL IMPACTS (Include Budgeted Amount) If not approved, the City's abatement fund would suffer the deficit of not collecting these funds STUDY SESSION AGENDA ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No 3202, ordering that the fees incurred for securing the house and removing garbage and debris from the property located at 1926 N Callow Avenue be collected as reasonable abatement costs and become a lien against the property COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington approving charges for the abatement of nuisance conditions on the property located at 1926 N Callow Avenue and determining means of collection WHEREAS, the City of Bremerton incurred costs for securing the house and removing garbage and debris from the property located at 1926 N Callow Avenue, and WHEREAS, Section 104 120 of the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property, and WHEREAS, the City Council is charged with determining whether the fees are dust and how they should be collected, and WHEREAS, the Director of Community Development recommends the fees be collected as a lien against the property located at 1926 N Callow Avenue, and WHEREAS, has City Council has considered the report of charges filed by the Director of Community Development and any protests or objection filed, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The abatement charges included in the report to the City Clerk for the property located at 1926 N Callow Avenue, Bremerton, WA, attached hereto as Exhibit A, are dust and reasonable and are hereby confirmed and approved SECTION 2. The City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property The Mayor is authorized to execute and file a lien against the property located at 1926 N Callow Avenue, Bremerton, WA, for the abatement charges approved herein SECTION 3 Severabihty If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage 1 1926 Callow Avenue Abatement Lien PASSED by the City Council of the City of Bremerton, Washington, this 4th day of September, 2013 GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \Legal \Legal\Resolutions \Community Development \Bottorff Resolution 8 -14 -13 docx 2 1926 Callow Avenue Abatement Lien EXHIBIT A D"panbnent of community Development 345 6M Street, Suite 600 BrOmedon, WA 98337 -1873 Telephone' 360.473 -5213 Fax: 360. 473 -5278 JanetLuncelatMoi bremerton.wa.us Janet Lunc etoni, Code Enforcement August 14, 2013 memo TO: Shannon Codn, City Cleric Frmm Janet Lunceford, Code Enfbmement Ofi w cc: Andrea Spencer, Director of Community Development no Abatement costs for 1926 N. Callow Avenue, Robert Bottorff' The City contracted with TRS to secure the house and remove garbage and debris from the property located at 1926 N. Callow Avenue in July, pursuant to a Warrant of Abatement issued by Kitsap County Superior Court. The fees for this action, including the administrative fee set forth in Rate Table Gof the Bremerton,Municipal Code, filing fees, advertising�costtand process service costs total $6351.40. I have attached the documentation of costs and a copy of Rate Table C. I have scheduled a public hearing for September 4, 2013. CITY OF BRMERTON GENERAL CLAIM Date July 2, 2013 CHECK e VENDOR FUNDIDEPARTMENT TRS 108164 P.O BOX 5255 BREMERTON WA 98312 DESCRIPTION TOTAL BOARD UP AND CLEAN UP OF 1926 N CALLOW AVENUE $4,600 V ENDOR # 27339 BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT 5246064 54910 64065 J211 6/24/2013 $4,600.0 0 CERTIFICATION. I, the undersigned, do hereby certify under penalty of perjury that materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment Is due and payable pursuant to a contrad or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the city and that I am authorized to authenticate and certify to said claim. C PROVAL (ALIOM EPT ORDER RECEIVED BY Rev 3!412010 TRS Trash Removal Services LLC Invoice PO Box 5255 Date Invotoe # Bremerton, WA 98312 3W373-2007 6/24/2013 J211 Bil To Ship To Jaaet Llmwdl3ord Code Enfwccmcut Officer CityofDremerion P O. Number Terms Rep Ship Me F.O.B Projed 6/24/2013 Quari6ty Item Code Description Pnoe Each Amount BID AMOUNT Job Location 4,60000 4,60000 1926N Callow Bremerton, WA Job Description -Clean up, had and dispose of all junk and debris on property -Cat and haul away all brush. - Secure house and gauge, board up aU windows and doors, and any misc. openings -Clean up and dispose of all loose debris inside of hour Tbaak you! Jesse Linden, Owner T ®tat $4,600 00 CITY OF BREMERTON GENERAL CLAIM Date: April 4, 2013 CHECK # VENDOR FUND/DEPARTMENT Ktsap Sun PO Box 259 Bremerton, WA 98337 -0053 DESCRIPTION TOTAL Service by Publication (Bottorff) $39940 VENDOR #0063 BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT 6246016 54910 64065 37922 3/312013 399 40 CERTIFICATION. I, the undersigned, do hereby certify under penalty of pegury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim Is a dust, due and unpaid obligation against the city and that t am authorized to authenticate and certify to said claim CUU PROVAL (AUDITING Ic EPT H I ORDER RECEIVED BY Rev u412010 K • - %6 5th Street • PO Box 259 ADVFJ �� Bremerton, Washington 98337 (380) 3773711 JAA��� t.8gg.377.37t 1 U Fed I D # 31- 1250530 kDVERTISING INVOICE and STATEMENT CITY OF1 BREMERTON DEPT OF ECO. KITSAP SUN CITY OF BREMERTON DEPT OF ECO• PO BOX 34688 STE 600 SEATTLE, WA 98124 -1688 345 6TH ST BREMERTON WA 98337 RECEIV APR -, � �c 1 3 City of 8remertbn 020061665800000399403 City Attorney's Office -- - - - - --- - — - PL , - S -- FA , - R Acl - ETt R UPPER no T+flt�'�:� SGaTt1ATE 1 AD NUfMER W DATE 2 4 DE&CRIpmuo GR DEB }9 t1iUPD UNM i jr ,, a ORMI NE1 AMOUW 02/22 289128 IN THE SUPERIOR LOUR lx75 7 399.40 03/29 3310 20131623 LEIGHANN DENTON 399.40 545 6th Street • PO Box 259 •UNAPPUED AMOUNTS ARE INCLUDED IN TOTAL AMOUN'i DI K�tsa Uri Bremerton w esinngton 98337 AD accounts are due upon receipt. j� (3W) 377 -3711 ><� 1.588- 3773711 ALL MAJOR CREDIT CARDS ACCEPTED Fed. 10 4 31 12605W 616658 03/29/13 - 03/316/7131 37922 CITY OF BREMERTON DE CITY OF BREMERTON GENERAL CLAIM Date February 22, 2013 CHECK# VENDOR FUND/DEPARTMENT Ken's Process & Professional Inguiry Services 503/77 126 Callow Avenue N Bremerton WA DESCRIPTION TOTAL Service of Process & Messenger Service - (Bottorff) $21200 VENDOR #18869 BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT 5246016 54910 64065 123929 2/13/2013 21200 CERTIFICATION I, the undersigned, do hereby certify under penalty of perjury that the materials have been famished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the dawn Is a lust, due and unpaid obligation against the city and that 1 am authorized to authenticate and certify to said claim. r CLA!YAPPROVAL FAUDrnN6 OFF IbERMEPT j EAD) ORDER RECEIVED BY i Rev 314/2010 Legal Liaison: Ken's Process & Professional Inquiry Services, LLC N ® �, � � I - ) I . 126 Callow Ave. No., Bremerton, Wa 98312 ` (360) 405 -0910 866 -405 -0910 Fax 405 -0912 ,t f Firm: Address Date f /'_, Return Date Last Day r A ( 1 ° ' • Statute Runs. Contact /a r Phone ! r •1 e " File No Court A t " County. Cause No.� Name: Documents- vs r 14 A. 1 r r � V Delivery Only 0 Leave Original ❑ Return Copy [] Oth (°� s°° #° is petlw�c� I Vt E ' : U a� City of Bremerton �ct3 Fite County Superior District Sea District I ppeal (I Auditor /Tress Other Bench — — Copy Bnkrptcy Cnm Civil File First _- Serve First Serve Only p,. Service On ' "� ,,..' Service $ ' y Address - ` f ; , , V ♦/ Return ------------ f j Miles " � .yY Notes Messenger Special r Other e 1 � Served Date. Time BY No. TOTAL CITY OF BREMERTON GENERAL CLAIM Date October 31, 2012 CHECK # VENDOR FUNDIDEPARTMENT Mtsap County Superior Court 614 Division Street Port Orchard, WA 98368 DESCRIPTION TOTAL Flung Fee for Bottorff $24000 Please return check to Leighann VENDOR 93773 BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT 5592064 54910 64065 10131/2012 24000 CERTIFICATION I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor perbrmed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the darm is a just, due and unpaid obligation against the city and that I am authorized to authenticate and certify to said claim tl i C M PROVAL (AUDIT G gPPICERIDEr ORDER RECEIVED BY Rev 3/412010 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees C. DEPARTMENT OF COAEMRJ ffy DEVELOPMENT 1. SUBDIVISIONS RATE Preliminary Short $1000 + $150 per lot Preliminary Formal Plat/Binding Site Plan $2500+ $150not (1-100 lots) $1001lot (101 -200 lots) $75/lot (201 + lots) Final Short $630 + $40/lot Final Formal Plat/Bmding Site Plan $945 + 40Aot 2. SHORELINE MASTER PROGRAM Substantial Development Permit $1,300 Conditional Use Permit — Type U $850 Conditional Use Permit — Type III $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement Review /Adoption $650 + additional cost of expertise 4. APPEAL (to Hearing Examiner) $350 1 PRE-APPLICATON CONFERENCE $100 6. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage &Weed $640 + Dist Service and Supply Cost 7. ABANDONED PROPERTIES FINES & PENALTIES Failure to Register $1,000 + $100 per day Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day & BUILDING PERMIT FEES Refer to Exhibit 1 9 PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 10. ESTABLISHED "BASIC" PLAN REVIEW Pursuant to DCD policy 50% of Plan Review Fee Resolution No 3191 Q .f 1 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR 8 KITSAP COUNTY, WASHINGTON 9 CITY OF BREMERTON, a Washington Case No.: 12 -2- 02387 -7 municipal corporation, 10 ORDER OF ABATEMENT Plaintiff, 11 VS. 12 13 ROBERT BOTTORFF and U.S. BANCORP, dba U.S. BANK, 14 Defendants. 15 16 This matter came before the Court on plaintiff City of Bremerton's motion for an 17 Order of Abatement to abate the nuisance property at 1926 North Callow, Bremerton, 18 Washington. The Court considered the pleadings filed In this matter, the orders issued in 19 this matter, the evidence presented at this hearing and the argument of counsel for plaintiff, 20 Mark E. Koontz. Based on the foregoing, the Court finds as follows: 21 1. This Court has issued an Order of Default against all defendants in this 22 matter 23 2. The property at 1926 North Callow Avenue, Bremerton, Washington is a 24 25 nuisance because the building is abandoned and left unsecured and the property contains 26 debris, all of which is a violation of the Bremerton Municipal Code. ORDER OF ABATEMENT - I ROCBR A. LUBOVICH BREMERTON CRY ATCORNEY WS 6th StivxL Suite 640. Brem -non. Washington 98 1;7 1 3. The City has adopted an ordinance that permits it to seek abatement of 2 nuisance properties. 3 4. That RCW 7 48.020 authorizes this Court to issue an order of abatement to 4 the City allowing the City to enter the property to abate nuisance. 5 6 S. That after the abatement, the City may seek an order directing the county 7 treasurer to place the costs of abatement on the tax rolls against 1926 North Callow 8 Avenue, Bremerton, Washington pursuant to RCW 35.80.030. 9 Based on the above findings, It Is Ordered: 10 1. Plaintiff% motion is GRANTED; 11 2. Plaintiff and its contractor or agent are hereby authorized to enter onto the 12 property at 1926 North Callow Avenue, Bremerton, Washington to abate the nuisance as 13 described herein and as described in the Declaration of Mark E. Koontz in support of 14 plaintiff s motion; 15 16 3. After the abatement, Plaintiff may seek an order directing the county 17 treasurer to place the costs of the abatement on the tax rolls of 1926 Callow Avenue, 18 Bremerton, Washington; 19 4. This order does not bar plaintiff from seeking any other remedies that may 20 be available to plaintiff. 21 Entered this 1D day of May, 2013. 22 23 ANNA M LAUR 24 KITSAP SUPERIOR COURT JUDGE 25 26 ORDER OF ABATEMENT - 2 ROGER A UJBOVICH BREMERfON CITY ATTORNEY 145 6th Street. Suite 600 Brermnion. Wa%hmgtun 98337 �. W^ .79 1' .t P`_ 1U, V" 1141 r I Presented by: 2 ROGER A. LUBOVICH 3 BREMERTON CITY ATTORNEY 4 v /V / 5 Mark E. oon , WSBA #26212 6 Attorney for P aintiff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER OF ABATEMENT - 3 ROGER A WBOVICH BRkMERTON Crn ATTORNEY 145 6th Stmt, Suite 600 Bremerton. Washington 9037 0A....1. AAM4 -714S rill- ifitl-J71 -5161 r 1 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR 8 KITSAP COUNTY, WASHINGTON 9 CITY OF BREMERTON, a Washington Case No.- 12 -2- 02387 -7 municipal corporation, 10 ORDER OF DEFAULT AGAINST Plaintiff, DEFENDANTS ROBERT 1 I BOTTORFF, U.S. BANCORP dba vs U.S. BANK 12 13 ROBERT BOTTORFF and U.S. BANCORP dba U.S. BANK, 14 Defendants. 15 16 This matter came before the Court on plaintiff City of Bremerton's motion for an 17 order of default against defendants Robert Bottorff and U S. Bankcorp dba U S. Bank 18 ("U.S. Bank") The motion was based on the grounds that defendants had not appeared, 19 answered, or otherwise defended in this action. 20 A hearing was held on plaintiffs motion on Mayp, Plaintiff appeared at the 21 hearing through Its attorney, Mark E. Koontz. Pursuant to CR 55(a)(3), plaintiff is not 22 required to give notice of the hearing to defendants since they did not appear. Defendants 23 24 did not appear personally or through an attorney at the hearing. No response was made by 25 defendants to plaintiffs motion. 26 The Court considered the pleadings filed in this action, the Declaration of Mark E. Koontz in Support of Plaintiff s Ex Parte Motion for Order of Default, with the following I ORDER OF DEFAULT - I ROGER A LUBOVICH BREMERTON CITY ATTORNEY 345 6th Stmvt. Suite 600_ Brcmrrt m_ Washington 98337 2 I Exhibits: Summons (Exhibit 1 to Koontz Declaration); Complaint (Exhibit 2 to Koontz 2 Declaration); and Declaration of Service (Exhibit 3 to Koontz Declaration). 3 Based on the oral argument of plaintiff s counsel, the pleadings and evidence 4 presented, the Court finds: 5 1. Defendant Robert Bottorff was properly served by publication with 6 7 plaintiff s summons and complaint in this action in accordance with RCW 4.28. 100 and 8 RCW 4.28.110. g 2. Defendant Robert Bottorff failed to appear, answer or otherwise defend in 10 this action. 11 3. No notice of appearance was served by defendant Robert Bottorff on 12 plaintiff or its attorney. 13 4. The time for appearing and answering the summons served by publication is 14 15 60 days from the date of the first publication. The date of the first publication was 16 February 22, 2013. More than 60 days has passed since the date of the first publication. 17 5. U S. Bank was properly served the summons and complaint by personal 18 service on November 16, 2012. 19 6. U.S. failed to appear, answer, or otherwise defend in this action. 20 7. No notice of appearance was served by U.S. Bank on plaintiff or its 21 attorney. 22 8. The time for appearing and answering the summons and complaint served is 23 24 20 days from the date of service. More than 20 days has passed since the date of service of � 25 the summons and complaint. 26 i i ROGER A LUBOVICH ORDER OF DEFAULT - 2 1 BREMERTON MY A n'OkNbY 145 6th Strut. Suite 600. Brews ton Washington 98317 Phm.r Ifin- 471. Fix ifn- 171 -5161 1 9. Venue is proper in this action since the real property at issue is located in 2 Kitsap County. 3 Based on the above findings, It Is Ordered: 4 1. Plaintiffs motion is GRANTED. 5 2. Defendant Robert Bottorff and U.S. Bank are declared to be in default for 6 7 failing to appear or defend in this action 8 Entered thih /a day of May, 2013. 9 ANNA M. LAURIE 10 KITSAP SUPERIOR COURT JUDGE t[ 12 13 Presented by: 14 ROGER A. LUBOVICH 15 13REMERTON CITY ATTORNEY 17 Mark E. Koontz, WSBA #26212 18 Attorney for Plaintiff 19 20 21 22 23 I 24 25 i 26 i i i j ORDER OF nFFAULT - 3 ROGER A LUBOYICH BREMERTON CITY ATTORNEY 145 6th Stntit. Suite 600. Brn7ncvttm Washington 98137 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING Robert Bottorff #C11 0156 STATE OF WASHINGTON) ss. County of Kitsap ) I, Allison Daniels, declare as follows: I. That I am a citizen of the United States of America, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above- entitled action, and competent to be a witness herein. 2. That on the 14th day of August, 2013, I posted a true and correct copy of the above captioned Notice of Violation issued August 14, 2013, by stapling said notice to the front porch post of the house on the property located at 1926 N. Callow Avenue. Executed at Bremerton, Kitsap County, Washington on this 14th day of August, 2013. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. AfiWkr - A - Hison Daniels AFFIDAVIT OF PUBLICATION Account #37922 AD# 20135535 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says- That she is now, and at all tuxes embraced in the publication herein mentioned was the principal clerk of the pimters and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper m Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on August 16, 2013 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $62.86 This amount has not been paid in full. -7 (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 16, 2013 ' NOTARY PUBLIC OF WASHINGTON CHRISTY 19 MOFFITT LSTATE ► App atmtt E1gdt88 July 0%. CITY OF BREMERTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there will be a public hearing before the City Council of the City of Bremerton on DATE: September 4, 2013 TIME. 530 P.M. OR LATER in the Meeting Chambers at the Norm Dicks Government Center, 345 - 6th Street, Bremerton, Washington, and all interested persons are requested to be present. To be considered is the following. APPLICANT- City of Bremerton ACTION Request approval of hen to recoup costs incurred in the amount of $6,351.40 for the abatement of the property located at 1926 N Callow Avenue ALL PROTESTS AND OBJECTIONS TO THIS ACTION MUST BE FILED IN WRITING IN THE OFFICE OF THE CITY CLERK, 345 6th STREET, SUITE 600, PRIOR TO CLOSE OF BUSINESS ON THE DATE OF THE HEARING. DATED at Bremerton, Washington this 14TH day of AUGUST, 2013. For more information regarding tins action, you may contact Janet Lunceford, at (360) 473-5213. Isl Jeannie Vaughn Jeannie Vaughn Building Official August 16, 2013 Ad#i 20135535 i I i I i i I To T 11114/2011 11/14/2011 1926N Callow (1) jpg 1926 N Callow (5) jpg AL t y 1 a.. 4 4 4, �� a l ti� -tStE T im' r .,� � s 1y �:., �.k � �., �S+ 11/14/2011 7/18n012 1926 N Callow (8) jpg 1926 N Callow jpg °rt' !3 It t I 1 4 P 1 ,P� ` A � w�' ° •'�q 5 r " �.� , r _ - I I t' e'4 J tk'k ' JT i%�Ki y,, 2 �'� •° R'Y]' �, l� TT � y w 1�y w. +�4 , � 9 } t �� r dN�'F s"4w =� '.. � ' „q�'^* T � ``�� r .✓'", I �' y � t � u 4. o ` � r�i "�a:. ���� V ` r uS?, di�i� w S�3's,� @ � .'��✓..�'�� 4 _.�� . � I 1 °r7 ,v" m'r'' t Y 1 r o ° , .fit �{ +� •' \ �+. o ��. ^ `LZn� �L�3. � � y „ r �< �� II .� d �1r`h� o vv• C�� � �e r 6/28/2013 8114/2013 1926N Callow (2) Mpg 1926 N Callow (1) Mpg 0 A 4 1 T I, (� Y C � ,ryy �'S7U y "�p.5r� �'^ 0 9 , � � •J ... 7 .. _ ^ � -.. .ui +. ` r ^ ^ 1+\ . � =i.,+, � ° r� °, n ""' °non.."^./ .✓ � �� 8114/2013 8/14/2013 1926 N Callow (3) Mpg 1926 N Callow jpg AGENDA BILL 4 1 f5 CITY OF BREMERTON CITY COUNCIL ■■ ���������o�������s�����ss�an0000e00Ne00000ENo0e0EE00M0o00M00EE0M000Na0E0Ne0000a00aaazI SUBJECT Public Hearing and Study Session Date August 28, 2013 Ordinance No 5222 amending BMC Title COUNCIL MEETING Date September 4, 2013 20, the Zoning Code Department DCD Presenter Nicole Floyd Phone 360 473 5279 SUMMARY The action before Council is to conduct a public hearing and adopt an Ordinance amending BMC Title 20 as follows 1 Increase SEPA exemption levels as permitted by State Code 2 Modify requirements relating to drive- through facilities within commercial districts 3 Alter front yard setback requirements for commercial properties ATTACHMENTS A Staff Memo and Planning Commission Meeting Minutes from the workshop held on April 16, 2013 & the hearing held on July 16, 2013 B Ordinance No 5222 including Planning Commission Findings & Conclusions FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION. ❑ Consent Agenda ❑ General Business px Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No 5222 to amend BMC Title 20 related to SEPA exemptions, Drive- through requirements, and Commercial setbacks COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01125/13 ORDINANCE NO. 5a D - AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code - BMC Title 20, to increase the SEPA threshold exemptions, modify drive- through requirements, and adjust front yard setback requirements for commercial properties WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified, and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20 18 020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations, and WHEREAS, these amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances, and WHEREAS, on April 16, 2013 the Planning Commission conducted a workshop on the proposed amendments, and WHEREAS, on June 28, 2013 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60 -day review and comment period and the City received conformation on July 1, 2013 that the notice was received, and WHEREAS, on June 28, 2013 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of July 15, 2013 and no appeals were filed, and WHEREAS, on July 1, 2013 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 July 16, 2013 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration, and 1 Zoning Code Amendments WHEREAS, on August 24 ,2013 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and WHEREAS, on September 4, 2013 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein SECTION 2. Section 20 04 100 of the Bremerton Municipal Code entitled "Use of Categorical Exemptions" is hereby amended by adding a new subsection as follows 20.04.100 USE OF CATEGORICAL EXEMPTIONS (a) Whenever a department within the City receives an application for a license or, in the case of governmental proposals, the department within the City initiates the proposal, the Planning Department shall determine whether the license and/or the proposal is exempt The Planning Department's determination that a proposal is exempt shall be final and not subject to administrative review If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal The City shall not require completion of an environmental checklist for an exempt proposal (b) In determining whether or not a proposal is exempt, the Planning Department shall make certain that the proposal is properly defined, and shall identify the governmental licenses required (WAC 197 -11 -060) If a proposal includes exempt and nonexempt actions, the Planning Department shall determine the lead agency even if the license application that triggers the Department's consideration is exempt (c) If a proposal includes both exempt and nonexempt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that (1) The City shall not give authorization for (i) Any nonexempt action, (n) Any action that would have an adverse environmental impact, or (iii) Any action that would limit the choice of alternatives (2) The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved, and (3) The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved 2 Zoning Code Amendments (d) Threshold levels for categorical exemptions Pursuant to WAC 197-11 - 8000)(c) and (1)(d), cities may adopt raised levels of threshold exemptions for certain ttMes of actions, except as provided in WAC 197 -11 -305 and 197- 11- 800(1)(a) As authorized pursuant to WAC 197- 11- 800(1)(c) and (1)(d) the following threshold exemptions are adopted (1) The construction or location of 30 or fewer single family residential units (2) The construction or location of 60 or fewer multifamily residential units. (3) The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet of gross floor area, and with associated parking facilities designed for 90 parking spaces; (4) The construction of a parking facility designed for 90 parking s aces• (5) Any landfill or excavation of 1,000 cubic yards throughout the lifetime of the fill or excavation, and any fill or excavation classified as Class I II or III forest practice under RCW 76 09 050 or regulations thereunder SECTION 3. Section 20 42 040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended as follows by amending the definition of "Drive- through facility," deleting the definition of "Dnve- through lanes," and adding the definition of "Stacking Lane" as follows 20.42.040 DEFINITIONS "Drive- through facility" means an automobile - oriented component of a permitted use that includes both service window(s) and a stacking lane €ae4ay designed primarily for drive - through trade, and which provides service and caters to patrons while in their motor vehicles See BMC 20.44 120 vvaau 20 nn ten n.,,,,tt d rive +t"..,,ugh la "Stacking Lane" means a designated driving lane provided for vehicles waiting for, receiving and exiting after receiving a service at a drive up window from a permitted use. The lane is ph shy separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service 3 Zoning Code Amendments SECTION 4. Section 20 44 120 in the Bremerton Municipal Code entitled "Ancillary Drive- Through Lanes" is hereby amended as follows 20.44.120 DRIVE - THROUGH FACILITIES (a) Applicability Drive-through facilities are an accessory to a principal use of a structure and therefore are only allowed when found in association with a permitted use Drive - through facilities are expressly prohibited in some zoning districts regardless of the principal use (1) Exception: While generally prohibited within the NCC and DCC zones, dnve- through facilities may be permitted in the following areas provided the business has direct vehicular access from either Wheaton Way or Kitsap Way (i) Properties zoned Neighborhood Center Core (NCC) that are within the Oyster Bay Neighborhood Center, and (u) Properties within the Wheaton Riddell Sub -Area Plan (2) Drive - through facilities standards within this section apply to the construction of new drive - through facilities, the addition of a drive-through ty_to existing developments, and/or the relocation of an existing drive - through facility onsite (b) Site Design Requirements: All drive- through facilities shall comply with the following requirements (1) Location All efforts should be taken to locate the drive - through facility towards the side and or rear of buildings Drive - through facilities shall not be located between the building and the street frontage except in the following circumstances 6) Pnmga Frontage A drive-through facility may be placed between a building and the street frontage only when all other site designs have been exhausted and are deemed unworkable by the Director The drive-through facilily shall be fully screened from view of the fronting street through the use of features such as sight- obscuring fencing, walls, trellises, and landscaping_ (u) Secondary Frontage When a site contains more than one street frontage the drive - through facility may be located between the building and secondary frontage only when all other site designs have been exhausted and found unworkable Screening from the secondary frontage is encouraged but not required (2) Stacking All drive- through facilities shall include a stacking lane that provides room for a minimum of four (4) cars to line up belund the drive - through window For restaurant/food/drink uses the stacking lane shall provide room for a minimum of six (6) cars (3) Design The drive- through lane(s) shall be designed as a dedicated lane, physically separated from parking areas and internal parking circulation aisles in order to enhance pedestrian safety and provide screening from adjacent properties and rat -of -way A combination of the two of following shall be provided adjacent to the drive - through lane(s)- 4 Zoning Code Amendments 6) Landscaped strips, islands, or berms that are a minimum of three (3) feet wide and fifty (50) square feet in size are required in addition to all other required landscaping areas Said landscaped areas shall include a mix of ground covers and shrubs that act as a barrier between the drive - through lane and adjacent properties ri t -of -wad parking area, iii) Hedges, decorative walls, fencing, or trellis that act as a visual barrier between the drive-through _lane(s) and adjacent properties right -of -way and parking areas, (iii) Decorative pavement, alternative materials (bricks, stamped concrete), or other durable ground treatment that clearly separates the drive - through lane(s) from other driving and parking areas onsite that will withstand heaM traffic conditions found in association with dnve- through lanes Paint striping does not meet this requirement (4) Signage 6) Each ordering location shall have a maximum of one menu board One additional menu board may be placed adjacent to the stacking lane for patrons waiting behind the ordering station Each menu board sign shall not exceed thirty (30) square feet and have a maximum height of seven (7) feet (u) Menu boards shall be located in a landscaped strip or island no smaller than three (3) feet wide and fifty (50) square feet in total size This landscaping area shall be in addition to all other required landscaping The menu boards) shall be oriented away from public streets and be intended for viewing by drive - through patrons only Screening of the menu board may be required when the board is located adjacent to the right -of -way or neighboring properties Screening shall ensure the board is not readable from the surrounding properties or street (5) Pedestrian features In order to enhance safe pedestrian access designated walkways from all onsite parking areas and from the public sidewalk to a building entry, shall be provided as follows (i) Walkways shall be a minimum five (5) feet in width clearly marked and easily distinguished from driving surfaces by using a combination of landscaping strips or islands that delineate the pedestrian walkways-, and (n) Walkways shall include at least one of the following treatments* decorative paving, stamped/stained concrete or raised walkways with alternative materials (such as brick, cobblestone and decorative pavers) to clearly indicate the safe walking route Walkways through heavy traffic areas such as the drive - through must be made of durable materials able to withstand heave traffic conditions SECTION 5. Section 20 48 260 in the Bremerton Municipal Code entitled "Drive- Through Stacking Requirements" is hereby amended as follows 20.48.260 DRIVE- THROUGH STACKING REQUIREMENTS. Drive - through stacking requirements can be found in C hapter - 1 1 BMC 20 44.120 5 Zoning Code Amendments SECTION 6. Subsection 20 62 060(a) in the Bremerton Municipal Code entitled "Development Standards" within the Commercial Corridor Zone is hereby amended as follows 20.62.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law (1) Maximum front yard setback Ten€ive (10-5) feet At least sixty - five (65) percent of the building's front facade must meet the maximum front yard setback The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the protect facilitates superior site design is the minimum necessary is consistent with specific goals and policies within the Comprehensive Plan and is compliant with all applicable sections of the BMC The following list identifies examples of circumstances where increased setbacks may be found to be appropriate 6) When the site includes more than one (1) street frontage (u) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible (iii) To accommodate phasing of infill development 0v) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or (v) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which includes but is not limited to the following- public plazas, increased landscaping architectural features improved pedestrian connections (2) Minimum side yard setback zero (0) except when adjacent to the low density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20 50 050(b) (3) Minimum rear yard setback zero (0), except when adjacent to the low density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20 50 050(b) (4) No maximum density for secondary residential uses (5) Maximum building coverage fifty (50) percent unless increased per subsection (b) of this section In no case shall maximum lot coverage exceed seventy -five (75) percent (6) Maximum development coverage is seventy -five (75) percent unless increased per subsection (b) of this section In no case shall maximum lot coverage exceed ninety -five (95) percent (7) Maximum height forty-five (45) feet, except that structures within one hundred (100) feet of the low density residential (R -10) zone shall not exceed thirty -five (35) feet in height (8) Maximum building heights within the downtown regional center are pursuant to the Downtown Subarea Plan and shall supersede subsection (a)(7) of this section 6 Zoning Code Amendments SECTION 7. Section 20 62 080 in the Bremerton Municipal Code entitled "Parking Requirements" within the Commercial Corridor Zone is hereby amended as follows 20.62.080 PARKING REQUIREMENTS. On -site parking shall be provided in accordance with Chapter 20 48 BMC, and the following standards shall be met (a) On -site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s) The site frontage includes all of the area between the right -of -wad front building wall which applies to the entire length of the property regardless of building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (b) All efforts shall be taken to avoid installing ggarkmg shall not on street corners Parking located between the building frontage and street corners shall be fully screened Screening shall consist of the following_ (1) A four (4) foot tall decorative wall within the front vard landscaping area that fully screens the parking areas The wall shall be located such that it blocks views of the parking from the right -of -way For long spans of frontage (one hundred 100) feet or more), the wall shall include modular articulation to add architectural vanetv (2) Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in BMC 20 52 (3) Openings may be required within a wall section in order to provide a sidewalk from the nght -of -way to the building entry The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick cobblestone, decorative pavers) Paint striping does not meet this requirement (c) Access to parking may be from adjacent non - pnpg al arterial streets, or from driveways off of the pnncipal arterial (d) Driveways providing access to parking area shall be well marked SECTION 8. Subsection 20 64 060(a) in the Bremerton Municipal Code entitled "Development Standards" within the Wheaton Way Redevelopment Corridor Zone is hereby amended as follows 20.64.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law (1) Maximum front yard setback -is- Ten 4w (10-5) feet -except -tom fi° ^* J • ^ fdsath add may be iftrrea e d if th n: + P d *1, t t, _ . At least sixty -five Zoning Code Amendments (65) percent of the building's front facade must meet the maximum front yard setback The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan and is compliant with all applicable sections of the BMC The following list identifies examples of circumstances where increased setbacks may be found to be appropriate (1) When the site includes more than one (1) street frontage - 60 To accommodate existing topography utilities or other physical site constraints that make compliance with the setback infeasible (iii) To accommodate phasing of infill development (iv) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation, or (v) For protects that in the opinion of the Director provide enhanced public amenities within the setback area which includes but is not limited to the following public plazas, increased landscaping architectural features improved pedestrian connections (2) Minimum side yard setback zero (0) except when adjacent to the low density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20 50 050(b); (3) Minimum rear yard setback zero (0) except when adjacent to the low density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20 50 050(b), (4) Maximum building coverage. fifty (50) percent unless increased per subsection (b) of this section In no case shall maximum lot coverage exceed seventy -five (75) percent, (5) Maximum development coverage seventy -five (75) percent unless increased per subsection (b) of this section In no case shall maximum lot coverage exceed ninety -five (95) percent, (6) Maximum height forty (40) feet, and structures within one hundred (100) feet of the low density residential (R -10) zone shall not exceed three (3) stones in height SECTION 9. Section 20 64 080 in the Bremerton Municipal Code entitled "Development Standards" within the Wheaton Way Redevelopment Corridor Zone is hereby amended as follows 20.64.080 PARKING REQUIREMENTS. On -site parking shall be provided in accordance with Chapter 20 48 BMC and the following standards shall be met (a) On -site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty€efty (4$LO) percent of the site frontage facing the arterial street frontages) The site frontage includes the area between then t -of -way and front building wall which applies to the entire length of the pro regardless of 8 Zoning Code Amendments building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (b) All efforts shall be taken to avoid placing_ parking on street corners. Parking located between the building frontage and street corners shall be fully screened Screening shall consist of the following (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas The wall shall be located such that it blocks views of the parking from theright-of-Kay For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural varietv (2) Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.52 BMC (3) Openings may be required within a wall section in order to provide a sidewalk from the nght -of -way to the building entry The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative pavi stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers) Paint striping does not meet this requirement (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the Rnncipal arterial (d) Driveways providing access to parking area shall be well - defined, highly visible entryways (e) Oft � fe r « et eng .,h be allo t h s f . a f k � / a t provided paved s1feet -mdths provide adeqtWe r-eem pufsuant te City standaWs for- oft stFeet paf4ang. SECTION 10. Section 20 66 050 in the Bremerton Municipal Code entitled "Prohibited Uses" within the Neighborhood Center Zone is hereby amended as follows 20.66.050 PROHIBITED USES. (a) Drive - through lanes except within the Oyster Bav Neighborhood Center when the business has direct vehicular access from Krtsap Way SECTION 11. Subsection 20 66 060(a) in the Bremerton Municipal Code entitled "Development Standards" within the Neighborhood Center Zone is hereby amended as follows 20.66.060 DEVELOPMENT STANDARDS. (a) Maximum F-front yard setback. no faimmum &em yafd sethaek. ten (10) feet At least eighty4g% sixty -five (65) percent of the building's front facade shall meet the maximum front yard setback The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design In order to obtain approval for an increased 9 Zoning Code Amendments setback, the applicant shall submit a written analysis establishing how the project facilitates supenor site design is the minimum necessary is consistent with specific goals and policies within the Comprehensive Plan and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topog_raphy, utilities or other physical site constraints that make compliance with the setback infeasible (3) To accommodate phasing of infill development-, O On sites that are sigmficantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation. or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which includes but is not limited to the following: public plazas, increased landscaping architectural features improved pedestrian connections SECTION 12. Section 20.66 080 in the Bremerton Municipal Code entitled "Parking Requirements" within the Neighborhood Center Zone is hereby amended as follows 20.66.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20 48 BMC and the following requirements (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee, plus one (1) handicapped - accessible space, (b) On -site parking for nonresidential uses shall not exceed one (1) space per three hundred (300) square feet of floor area, (c) On -site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) p ercent of the site frontage facing the arterial street The site frontage includes the area between the nght -of -way and front building wall which applies to the entire len h of the propegy regardless of building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages (d) All efforts shall be taken to avoid placing parking on street corners Parking located between the building frontage and street corners shall be fully screened as follows (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas The wall shall be located such that it blocks views of the parking from the right -of -way For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural vanety (i) Alternate architectural features shrubs may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20 52 BMC 10 Zoning Code Amendments (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers) Paint striping does not meet this requirement (de) Access to parking shall be provided from the adjaeefA publie A thues per the following priority (1) First, from an alley if available, if an alley is not available, then from local street; (2) ,If neither are available, then from a non - principal arterial street, (3) , fiem an ai4eFtal If none of the above are available then from a principal arterial street Project applicants shall be required to demonstrate to the satisfaction of the City that access design has been considered with the preceding priorities The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list, I (eD Driveways providing access to parking shall be well marked, ( €g) Reduction in number of required parking spaces The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses (2) When a use is nonconforming to the required number of off - street parking spaces, it shall not be allowed to reduce the number of existing spaces SECTION 13. Section 20 70 050 in the Bremerton Municipal Code entitled "Prohibited Uses" within the District Center Zone is hereby amended as follows - 20.70.050 PROHIBITED USES (a) Drive - through lanes except within the Wheaton/Riddell District Center when the business has direct vehicular access from Wheaton WM SECTION 14. Subsection 20 70 060(a) in the Bremerton Municipal Code entitled "Development Standards" within the District Center Zone is hereby amended as follows 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law I (a) Maximum front yard setback ten (10) feet At least sixty -five (6 5)e�glpjE'8 8 percent of I 11 Zoning Code Amendments a building's front facade shall meet the maximum front yard setback The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a supenor site design In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks maybe found to be appropriate (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical ical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill development; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation, or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which includes, but is not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections. SECTION 15. Subsection 20 70 070(b) in the Bremerton Municipal Code entitled "Design Standards" within the District Center Zone is hereby amended as follows 20.70.070 DESIGN STANDARDS. (b) Site Design In addition to other standards provided in this chapter, site design shall meet the following requirements. (1) No less than dmi4y (30) per-eent of the fientage of a site a4eng aft (1 0) fe et er- loss f i-e ., ., , , .,, i.l,...-...1,+ o f ,,,.,,, i .,dd , n , e h „ ,., s+,.,,..t s h e ll e►ffi-ee .-ses (2j) Circulation Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked (32) Storage Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters Garbage cans and dumpsters shall be placed in an enclosure per BMC 20 46 120 No garbage enclosure shall be permitted between a street and the front of a building SECTION 16. Section 20.70 080 in the Bremerton Municipal Code entitled "Parking Requirements" within the District Center Zone is hereby amended as follows 20.70.080 PARKING REQUIREMENTS 12 Zoning Code Amendments Parking shall meet the standards of Chapter 20 48 BMC and the following requirements (a) For nonresidential uses, the nummum parking requirement is one (1) space per employee, (b) On -site parking for nonresidential uses shall not exceed four one (44-) spaces per t4ee undfe -300)o thousand (1,000) square feet of floor area (c) On -site parking shall be to the rear or side of buildings st+ee- and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street(s). The site frontage includes the area between the nght -of -way and front building wall which applies to the entire length of the property regardless of building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages (d) All efforts shall be taken to avoid placing parking on street corners Parking located between the building frontage and street corners shall be fully screened as follows (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas The wall shall be located such that it blocks views of the parking from then t -of -way For long spans of fronta eg (one hundred (100) feet or more), the wall shall include modular articulation to add architectural vanetv. (1) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20 52 BMC 60 Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked and distinguished from driving surfaces by using decorative paving stamped/stained concrete or raised walkways with alternative materials (such as brick cobblestone decorative pavers) Paint striping does not meet this requirement (de) Access to parking shall be provided per the following priority (1) First, from an alley if available, if an alley is not available, then from local street, (2) If neither are available then from a non - principal arterial street (3) If none of the above are available then from aprincipal arterial street ) i f n + av ..� t emery- TSna�:� =� a - o�- �- ,=o�«eo �o� e, alley n or - a . t l 4 aFe avai 4 (e)—Project applicants shall be required to demonstrate to the satisfaction of the City that access design has been considered with the preceding priorities The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list (f) Driveways providing access to parking shall be well marked 13 Zoning Code Amendments (g) Reduction in number of required parking spaces The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided - (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses (2) When a use is nonconforming to the required number of off - street parking spaces, it shall not be allowed to reduce the number of existing spaces SECTION 17. Subsection 20 82.060(a) in the Bremerton Municipal Code entitled "Development Standards" within the Neighborhood Business Zone is hereby amended as follows 20.82.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise (a) Maximum front yard setback ten (10) feet At least sixty-five X65' ° °• ° ^ *.• °!'" percent of a building's front facade must meet the maximum front yard setback The setback maybe increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the munmum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC The following list identifies examples of circumstances where increased setbacks may be found to be appropriate- (1) When the site includes more than one (1) street frontage, (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of mfill development; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation, or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which includes, but is not limited to, the following: _ public plazas, increased landscaping, architectural features, unproved pedestrian connections SECTION 18. Section 20 82 080 in the Bremerton Municipal Code entitled "Parking Requirements" within the Neighborhood Business Zone is hereby amended as follows 20.82.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20 48 BMC and the following (a) On -site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty€eft (4050) percent of the site frontage facing the arterial street frontage(s) The site frontage includes the area between the right -of -way 14 Zoning Code Amendments and front building wall which applies to the entire length of the property regardless of building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages (b) All efforts shall be taken to avoid placing narking on street corners. Parking located between the building frontage and street corners shall be fully screened as follows (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas The wall shall be located such that it blocks views of the parking from the right-of-way For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural vanety (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20 52 BMC (ii) Openings and architectural features may berequired within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width clearly marked and distinguished from driving surfaces by using decorative paving stamped/stained concrete or raised walkways with alternative materials (such as brick, cobblestone decorative pavers) Paint striping does not meet this requirement (c) Access to parking may be from adjacent non- principal arterial streets or from driveways off of the principal arterial (d) Driveways providing access to parking area shall be well - defined highly visible entryways SECTION 19. Subsection 20 84 060(a) in the Bremerton Municipal Code entitled "Development Standards" within the Limited Commercial Zone is hereby amended as follows 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback ten (10) feet At least sixty-five (65' ° °• °� *•• ° !'�` percent of a building's front facade must meet the maximum front yard setback The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates supenor site design is the minimum necessary is consistent with specific goals and policies within the Comprehensive Plan and is compliant with all applicable sections of the BMC The following list identifies examples of circumstances where increased setbacks may be found to be appropriate. (1) When the site includes more than one (1) street frontage- ( 15 Zoning Code Amendments (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infilh development; (4) On sites that are significantly eveloped with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation. or (5) For protects that in the opinion of the Director provide enhanced public amenities within the setback area which includes but is not limited to the following: public plazas, increased landscaping architectural features improved pedestrian connections SECTION 20. Section 20 84 080 in the Bremerton Municipal Code entitled "Parking Requirements" within the Limited Commercial Zone is hereby amended as follows 20.84.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20 48 BMC and the following - (a) On -site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street fronta e s The site frontage includes the area between the nght-of-way right-of-way and front building wall which applies to the entire length of the property regardless of building width Corner lots have two (2) site frontages as they are positioned on two (2) street frontages (b) All efforts shall be taken to avoid placing_ parking on street corners Parking located between the building frontage and street corners shall be fully screened as follows (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right -of -way. For long spans of frontage one hundred (100) feet or more), the wall shall include modular articulation to add architectural variety (2) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20 52 BMC (3) Openings and architectural features may by a required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access The entry shall be the mimmum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width clearly marked and distinguished from driving surfaces by using decorative paving stamped/stained concrete or raised walkways with alternative materials (such as brick cobblestone decorative pavers) Paint striping does not meet this requirement (c) Access to parking may be from adjacent non- principal arterial streets or from driveways off of the principal arterial (d) Dnveways providing access to parking area shall be well - defined highly visible entryways 16 Zoning Code Amendments SECTION 21. Section 20 92 020 in the Bremerton Municipal Code entitled "Outnghtly Permitted Uses" within the Employment District Zone is hereby amended as follows 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright (a) Co- location of wireless telecommunications facilities per BMC 20.46 140; (b) Community use facility; (c) Day care facility, all, (d) General office and business services, I (e) Finance, insurance and real estate (ndfive dffeugh f eth4e° (f) General retail (no dFive thfeugh f ^u' 4es (g) Hotels and lodging places, (h) Medical offices, (1) Outdoor athletic fields, 0) Park playgrounds and open space, and parks, (k) Personal service business, (1) Physical fitness and health clubs, (m) Public administration, (n) Residential uses of the following types (1) Group residential facility - Class I, (2) Multi -unit structure, (3) Nursing convalescent home, (4) Senior housing complex, (5) Single unit structure, attached or detached, (6) Townhouse, I (o) Restaurants and drinking places (°° -ari• e thfough f ei1A °°' (p) Schools and education uses, (q) Transportation facility, (r) Veterinary clinic, (s) Worship and religious facility SECTION 22. Section 20 98 020 in the Bremerton Municipal Code entitled "Outnghtly Permitted Uses" within the Institutional Zone is hereby amended as follows 20.98.020 OUTRIGHT PERMITTED USES The following uses are permitted (a) Co- location of wireless telecommunications facilities per BMC 20 46 140, (b) Community facility, (c) General office and business services, (d General retail associated with an institution, (e) Higher education and colleges; (f) Hospitals, 17 Zoning Code Amendments (g) Medical offices and clinics, (h) Outdoor athletic fields and park playground and open spaces, (i) Parking as a principal use, 0) Public administration; (k) Residential uses of the following types (1) Group residential facility - Class I, (2) Nursing convalescent home, (3) Senior housing complex, (4) Single -unit dwelling unit, detached, (5) Single -unit dwelling unit, attached, (1) Restaurants (ne Ek-we thfeugh fi wih4es) (m) Schools and education uses, (n) Transportation facility, (o) Welfare and charitable services and facility, (p) Worship and religious facility SECTION 23. Severability If any one or more sections, sub - sections, 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 24. 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 , 2013 GREG WHEELER, Council President Approved this day of , 2013 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 18 Zoning Code Amendments EFFECTIVE the day of , 2013 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development\Zon►ng Code Amendments (2013) docx 19 Zoning Code Amendments DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDU To: City Council From: Nicole Floyd, Senior Planner Date: August 21, 2013 Subject: Zoning Code Amendments EXECUTIVE SUMMARY The Planning Commission is unanimously recommending that the City Council review and approve three separate zoning code amendment topics These amendments are intended to encourage growth and development within the City and have been supported by local developers, community members, and City Staff A brief summary of each is as follows SEPA Exemptions Recognizing that the Department of Ecology approved higher thresholds earlier this year, the Planning Commission recommends raising these thresholds to the highest levels allowed by state law This increase will result in an expedited permit review process, without reducing the quality of the environmental review performed by City Staff SEPA exemptions have not been raised in Bremerton since the 1970's however significant increases in alternative regulatory controls have been enacted since the 1970's These updated City regulations have superseded the need for SEPA on small scale projects Drive - Through Facilities: These revisions are a direct outcome from the City Council's annual retreat, when Council requested DCD review standards relating to drive- through facilities and the inconsistency between the requirements from zone to zone The Planning Commission, agreed with City Council and are forwarding amendments to the City Council that establish criteria for drive- through facilities that addresses site design and aesthetic elements necessary to ensure consistency with the comprehensive plan's vision Draft amendments establish general standards for all drive- through facilities throughout the City and significantly reduce the number of zones in which drive - throughs are prohibited Maximum Front Yard Setbacks: These revisions are also a direct outcome from the City Council's annual retreat when Council requested DCD to identify revisions to the zoning code which could facilitate redevelopment, while retaining the comprehensive plan "centers" concept The Planning Commissions draft amendments provide a better transition towards the centers concept by adding flexibility without compromising the Comprehensive Plan's overall goals and policies ATTACHMENTS Attachment I — Minutes from the Planning Commission hearing held on 7/16/2013 and the workshop held on 4/16/2013 SEPA Categorical Exemptions Thresholds In 2012, the State Legislature passed amendments to the State Environmental Policy Act (SEPA) that directly affects local governments In part three of the Second Engrossed Substitute Senate Bill (2ESSB) 6406, the legislature enacted a number of changes to SEPA that are designed to make this environmental law work better for cities, counties and project applicants by coordinating it more efficiently with current land use planning and development regulations, and by streamlining the regulatory process The amendments went into effect on July 10, 2012 The Department of Ecology spent the remaining part of 2012 preparing SEPA rule updates to implement the 2012 legislation The rules have been updated and went into effect on January 28, 2013 One of the amendments to SEPA is to allow local governments fully planning under GMA to establish separate flexible SEPA exemption thresholds Maximum exemptions are identified in WAC 197 -11 -800, but local governments have the flexibility to establish exemptions within that range In order for local governments to raise the levels of development activity that are exempt from SEPA review to the maximum specified in the amended SEPA rules, an amendment to the jurisdiction's codified SEPA procedures must be made, and the process established in WAC 197- 11- 800(c) must be followed The Planning Commission, during their workshops, reviewed the various exemption ranges, and recommended that the highest exemption levels be adopted primarily due to the City's exemplary set of regulations specifically addressing potential adverse environmental impacts such as the Critical Area Ordinance, Shoreline Master Program, Stormwater Manuals, and adopted Best Management Practices Threshold Levels for SEPA Categorical Exemptions WAC 197- 11- 800(1)(c)and(d) Minor New Levels allowed 1971 -2012 Highest 2013 Highest Exemptions Construction outright by Exemptions Available — WAC Available Recommended by Planning Commission Dwelling Units 4 dwelling units 20 dwelling units 30 dwelling units and 60 multi-family units Parking Stalls 20 stalls 40 stalls 90 stalls Commercial 4,000 square 12,000 square feet 30,000 square foot + 90 Building feet + 40 parking stalls parking stalls Grading 100 cubic yards 400 cubic yards 1,000 cubic yards • Page 2 Auto Oriented Development and the Comprehensive Plan The following two topics (drive- through facilities and setbacks) are both somewhat unique in that they are intrinsically tied to goals and policies of the Comprehensive Plan Both were created to directly implement the "Centers" concept which is intended to promote new development into mixed use centers, where one can comfortably walk from their home to the grocery store, coffee shop, office etc When considering revisions to either of these code sections it is important to reflect upon the impact such revisions may have on the successful implementation of the Comprehensive Plans goals Significant effort has been taken to ensure the proposed revisions do not inadvertently diminish the long -term viability of the Centers Concept Instead, Planning Commission's recommendation is to bridge the gap between the existing development pattern and the goals for the future These two sections have been challenging to draft because of their interconnectedness to implementation of the "Centers" concept Since auto oriented businesses such as drive- through facilities or large seas of parking in front of businesses are contrary to the to the type of development that achieve a dense walkable center, their permitted locations are currently severely limited by the Zoning Code Transition from auto oriented development patterns to the Centers concept has not been as successful as was anticipated when the Zoning Code was adopted in 2005 The Planning Commission finds that this transition would be more successful if the code provided more flexibility to allow this transition to take place over time The proposed revisions reflect this effort towards flexibility, without alteration to the long term goals established in the Comprehensive Plan For both topics, the focus is on following elements 1 Consistency Revisions are intended to ensure that all commercial zoning designations have similar requirements and use similar language so that code provisions are applied appropriately Zones designated as a "Center" such as District Center, or Neighborhood Center are intended to be more intensely regulated for compliance with the "Centers Concept" because they are the primary focus areas in the Comprehensive Plan Proposed revisions maintain this emphasis 2 Flexibility Revisions are intended to acknowledge that every site is different, each with unique constraints The proposed code language intends to establish clear requirements, but to allow for minor code departure on a case by case basis provided specific criteria is met In this way, the code maintains consistency with the Comprehensive Plan but achieves greater flexibility for unforeseen situations where specific compliance is not feasible 3 Existing Development Current code provisions focus primarily on new development, where the site is void of existing structures and new structures are built Very little consideration for remodel or expansion of existing developed sites is given These existing developments make up a substantial portion of the Commercial property in Bremerton Proposed revisions include provisions that accommodate existing development I I • Page 3 I I Drive - Through Facilities Significant attention was paid to drive- through facilities at the April Planning Commission Workshop The Commission discussion focused primarily on the two major highways running through the City, Kitsap Way and Wheaton Way There are several different commercial zones scattered along these highways, all of which have their own specific regulations Some zones outnghtly permit drive- through facilities without any specific requirements for their placement or design, while other zones prohibit such uses altogether Additionally, the existing development pattern along these two highways is primarily auto oriented and includes a considerable number of existing drive- through facilities throughout all of the zones With so many existing drive - through facilities, it has been challenging for applicants to understand why a new drive - through is prohibited, when neighboring businesses have them Based on these issues, the Commission's proposed revisions allow drive- through facilities in more locations without negatively impacting the overall growth strategy of the Comprehensive Plan The following summarizes the changes proposed Enhanced code language is shown in the existing "Drive- Through Lane" section The new language establishes criteria for all drive - throughs This additional language resolves the issue of consistency as it ensures that all drive- through facilities will be held to the same standard regardless of the zone in which they are located The new drive- through standards include the following Clarification of Use The proposed amendments include modifications to the definition section to clearly identify what components make up a drive- through facility (window and stacking lane) and to clarify that a drive- through facility is not a separate use, rather it can be an accessory function to any permitted use in the applicable zone Preferred Locations: Amendments encourage the drive- through facility to be located to the side or rear of the building when possible When this is not - possible, screening requirements have been added to reduce the visual impacts of the drive- through Stacking Lane: Current code language does not explicitly identify the minimum number of waiting cars This drive- through lane is physically the lane must hold This is typically important for small separated from the parking area, lots, to ensure waiting cars are not blocking traffic on located behind and to the side of the the street The stacking lane requirement has been building, screened with a combination of landscaping and a trellis, and set at a minimum of 4 cars, and 6 cars for provides additional aesthetics with its restaurant/food /drink uses pavement treatment • Page 4 Design: The Comprehensive Plan establishes that the most important design elements for drive- through facilities include screening of the drive- through lane and ensuring safe pedestrian movement on and within the site The amendments establish design criteria that include landscaping, screening, modified materials for the stacking lane, and enhanced pedestrian features Signage: New requirements have been created to ensure proper size, placement and screening of menu boards to minimize impact on adjacent properties Pedestrian Features: Acknowledging the Comprehensive Plan's policies for pedestrian friendly centers a new provision requiring walkways distinguished with pavement - treatment, is included and intended to provide safe connections onto the site from public sidewalks as well as - within the site from parking areas This pedestrian walkway provides a safe connection These new standards enable a reduction in the number of from a parking area to a zones that currently prohibit drive - throughs because these buddmq requirements will facilitate better design and enhanced pedestrian safety The only zones that continue the prohibition on drive- through facilities are the District Center Core, Neighborhood Center Core, and Neighborhood Business The following chart identifies the proposed relaxation of the prohibition Allowed with Permitted Use Prohibited Commercial Corridor District Center Core -Exception Wheaton /Riddell Sub -Area Wheaton Way Redevelopment Corridor Neighborhood Center Core Freeway Corridor Exception Oyster Bay Neighborhood Center Industrial Industrial Park Neighborhood Business Employment Center Institutional The District and Neighborhood Center Core zones are extremely important in terms of achieving the "Centers Concept" outlined in the Comprehensive Plan These areas include places such as Downtown, Manette, and Charleston where drive- through facilities seem out of character with the existing development pattern as well as the planned growth strategy Two areas within these center zones are proposed to allow drive- through facilities because the properties within them are located on Kitsap Way or Wheaton Way where existing development is dominated by auto oriented uses Similarly, due to the small scale nature of the Neighborhood Business zone, drive - through facilities seem inappropriate • Page 5 Maximum Front Yard Setbacks and Parking The Planning Commission deliberated extensively on the topic of maximum front yard setbacks and recommends the amendments because they will provide for enhanced flexibility without diminishing the long term goals of the Comprehensive Plan related to the "Centers" concept One of the primary purposes of the maximum front yard setback is to place the building, rather than parking on the street frontage, much like one would see in a dense urban core such as Downtown Particular attention is paid to street corners, as they anchor the entire street scape and affect more than one street frontage Due to the extensive discussions in the code about parking lot locations, careful attention must be paid to ensure increased setbacks are coupled with adequate parking standards to ensure compliance with the Comprehensive Plan in terms of the street presence Complaints about the maximum front yard setback have been primarily due to a lack of flexibility for unforeseen circumstances such as topography, or the added complexities from trying to design a new structure around existing onsite development Additionally, Staff has struggled with the code language due to the lack of consistency between different zones, where some set the maximum at 5' and others at 10' with very few provisions to allow for an increase The proposed revisions intend to resolve these issues without substantial impact to the Comprehensive Plan goals as follows Improved Setback Flexibility New language is provided that recognizes several scenarios in which increased setbacks may be appropriate and allows any applicant to request an increase The list is not exhaustive, rather it is intended to provide guidance regarding what situations the increase may apply to, such as topography, utilities, site constraints, to accommodate phased infill, for projects with existing occupied structures, etc Prior to approval of the setback departure, the applicant must demonstrate why an increased setback is needed, how it is the minimum necessary, what compensating features will be provided in order to facilitate a superior site design, and how it maintains consistency with the Comprehensive Plan It is anticipated that these criteria will provide enough flexibility to allow for modifications when strict code compliance is not possible, but will be challenging enough that applicants will make a concerted effort to comply with the code prior requesting a departure Setback Consistency Revisions establish consistency through all zoning districts by establishing the same 10' maximum front yard setback in as many zones as possible, rather than having a 5' setback in some and 10' in others Parking: Each zone with maximum front yard setback requirements also includes a specific parking section which establishes regulations in excess of the standard parking chapter These parking requirements are intended to fulfill the Comprehensive Plans vision to hide parking lots behind the building, rather than placing them in front of buildings • Page 6 Each zone has slightly different language relating to parking, but most contain similar concepts such as • Minimize the amount of parking in front of the building • Prohibit parking on street corners • Access parking off of smaller ancillary roads when _________________ __ possible Site Frontage — 50% max narkina Proposed revisions focus on increasing flexibility as with the maximum setback discussion above Revisions are as Happy Street follows Parking at the Building Frontage Each zone establishes a slightly different maximum percentage for the amount of parking that may be between the building and the street frontage The proposed amendments establish the same percentage (50 %) for all of the zones Additionally, the proposed amendments include clarifying language that helps identify what portions of the lot this requirement applies to Parking at the Corner Rather than prohibiting parking at the corner of two street intersections, the proposed - amendments provide for some flexibility by establishing 4, b design criteria to screen the parking should it be located _ at an intersection Such screening is intended to fully 17 hide the parking areas The wall or hedge is intended to achieve the anchoring effect desired by the Comprehensive Plan Consistency: Although not discussed in detail, there are several revisions included throughout the attached proposed amendment document that are not intended to have substantive impact, but are to clarify the existing intent For example, the word "principal" has been added in front of "arterial' because there are several different types of arterial roads within Bremerton Another example is the removal of handicapped parking stall requirements as these requirements are more clearly addressed in the Building Code In summary, the Planning Commission unanimously recommends these zoning code amendments because they will likely encourage development within the City, will provide more flexibility for applicants, and will maintain consistency with the Comprehensive Plan • Page 7 Attachment Planning Commission Meeting Minutesfor: Workshop held on April 16, 2013 Public Hearing held on July 16, 2013 I =-- --- 0 CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING April 16, 2013 CALL TO ORDER Chair Jose called the regular meeting of the Bremerton Planning Commission to order at 5.30 p in ROLL CALL Commissioners Present Staff Present Chair Jose Andrea Spencer, Director, Department of Community Development Vice Chair Tift Nicole Floyd, Current Planner, Department of Community Development Commissioner Albright Commissioner Dinkuhn Others Present Commissioner Lambert Scott Daniels, Deputy Director, Kitsap Health District Commissioner Simpson Commissioner Strube Quorum Certified APPROVAL OF AGENDA VICE CHAIR TIFF MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER ALBRIGHT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER ALBRIGHT MOVED TO APPROVE THE MINUTES OF FEBRUARY 19, 2013 AS AMENDED. COMMISSIONER DINKUHN 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 there were any comments from citizens Seeing none, he closed the public portion of the meeting. Workshop: 2016 Comprehensive Plan Update Overview of State Requirements for Comprehensive Plan -112&tes Director Spencer advised that the City will undertake a major update of its Comprehensive Plan in 2016 She referred them to a document that was prepared by the Washington State Department of Commerce, which provides a concise summary of the 14 Growth Management Act (GMA) goals Recognizing that there are a lot of concepts associated GMA, she said staff felt it would be useful for the Commission to have lectures by people both outside and inside the City who are experts in various fields to help them identify areas where the current Comprehensive Plan is deficient or already strong She introduced Scott Daniels, Deputy Director, Kitsap Health District, who was present to share information about how the City's Comprehensive Plan could be amended to support public health. Comprehensive Plan Update Guest Speaker Scot Daniels Kitsap Public Health DistncK. on Importance of Incorporating Public Health in a Comprehensive Plan Mr. Daniels said he was present to talk about the connection between comprehensive planning and health. He referred to the "Kitsap Community Health Prionties" (KCHP) study (see this web page for report: http / /www kitsa cchp corn/CHAR data html ) that was done to help identify and understand the major health issues in Kitsap County He said he believes the major public health issues of this century will be chronic disease and climate change Using the assessment data, people from throughout the community worked together to write a plan that addresses the highest health priorities, and a report card was prepared to enable the health district to track very specific indicators year by year to identify changes He shared a graphic illustration showing that the population in Bremerton and Kitsap County, as a whole, is rapidly aging Any future plans by the public health district and the City must address this massive aging population. He particularly noted the increase in population between the ages of 45 and 69 He also referred to other data pieces from the report, which are interesting from a planning perspective such as: • Race/Ethnicity (Sections A.2.1 and A.2.2). Bremerton has the most diverse population of any geographic jurisdiction in the County It also has the lowest population growth (12 %) As a comparison, population growth in Bambndge/North Kitsap was over 11% and South Kitsap is growing very rapidly, as well • Income/Poverty (Sections B.2.1,through 11.2.5� Bremerton has the lowest income and the highest poverty of any section in the County. • Education (Sections B.3.1 through B.3.3). Bremerton has lower levels of education, as well • Single- Family Households (Section 11.4:2). Of all the households that have children in the City of Bremerton, half are single- family households This is a striking statistic from a planning perspective on a number of fronts • Built Environment (Sections C.2 and C.3) • Crime (Sections F.2.4, F.2.5 and F.2.7). Bremerton has the highest crime rate in the county This is a concern for the public health district; not ,lust because, people are subject to become victims of crime, but it creates safety concerns for people who feel less safe to go outside for physical activity This can exacerbate chronic disease rates • Life Expectancy (Section H.1.1). The public health district has a saying that you can tell how healthy a person is based on zip code. In the City of Bremerton, life expectancy is the lowest in the County Mr. Daniels said that although the data he provided is discouraging, the issues can be addressed and improved He encouraged the Commissioners to review the sections identified, and specifically review the Bremerton data Mr. Daniels advised that chronic diseases are the new leading causes of death in the United States. In the early 1900's most deaths were related to infectious diseases such as pneumonia, tuberculosis and diarrhea. While these illnesses are still present in the community, their rates have dropped significantly due to advances in health care However, the rate of deaths associated with non - communicable, chronic diseases (heart disease, cancer, stroke) has rapidly increased. About 80% of deaths in the United States are from chronic diseases, and 75% of all health care costs are for chronic diseases (about $17 trillion per year) Between 1996 and 2005, the number of people aged 25 to 44 with more than one chronic disease doubled. Almost one in two adults in the United States has at least one chronic disease, and about 1 in 15 children have been diagnosed with a chronic disease. He said common risk factors are not enough physical activity, poor eating habits and/or tobacco use. Common risk conditions include obesity, high blood pressure, and high cholesterol Mr. Daniels shared a graphic illustration comparing hospitalizations associated with diabetes in Washington State in 1990- 1992 to those in 2008 -2010. He noted that the rate has significantly increased in every county, which is consistent with nationwide trends He noted that in Kitsap County 41% of all adults are not getting enough physical activity and 72% are not eating enough fruits and vegetables. About 16% are current smokers, and this rate has actually gone down due to policy initiatives such as a ban on smoking in public places and increasing cigarette taxes. He further noted that Kitsap County is slightly lower (59 %) than the national average on overweight obese people, but Bremerton is a little higher (62 6 /6). About 40% of adults in the county now have high cholesterol and 30% have high blood Pressure Mr. Daniels shared data Bremerton Planning Commission Minutes Apnl 16, 2013 — Page 2 of 13 comparing the City of Bremerton with other Jurisdictions in the county He noted Bremerton has the highest rate of diabetes - related hospitalizations, and Bainbridge Island has the lowest. He advised that this is due, in a large part, to social determinants of health (income, race, education level, etc ). Mr. Daniels said it is clear that the health system in the United States has significant problems He provided a graphic illustration showing the life expectancy in various countries in the world and health spending per capita in United States dollars He summarized that the United States spends significantly more per capita than any other country, but their life expectancy is lower than many One identified problem is that the United States does not spend enough money to prevent illnesses. In 2009, only 1% of health care dollars were spent on prevention and 99% was spent on medical care after an illness had occurred ortand biomedical research aimed at fixing problems after the fact He provided two pictures of upward - bound classes at Miami University in both 1967 and 2008, noting that the latter class was significantly more obese Mr. Daniels explained that the characteristics of a healthy community include adequate pedestrian and biking infrastructure, less traffic, higher - quality housing, sufficient public transit, and community amenities such as grocery stores, parks and community centers. The healthy benefits from these positive community characteristics include fewer injuries, lower rates of obesity, diabetes and heart disease, less asthma and respiratory illness, fewer injures, lower stress, better mental health and greater social interaction The economic effects include increased home values, increased productivity, increased home values, higher worker and student productivity and more local fobs. Environmental effects include reduction of fossil fuel use, higher air quality, increased energy efficiency and a smaller carbon footprint. He pointed out that the City of Bremerton's Comprehensive Plan addresses the issue of pedestrian and biking infrastructure better than most He noted that a lack of these types of facilities can impact residents For example, noisy, busy streets can result in less social cohesion, more stress and mental health issues, and residents are less likely to meet each other. Having unsafe places to walk and bike can result in more pedestnan and cyclist injuries and less physical activity. Fewer sidewalks and,bike lanes can result in less physical activity and higher rates of chronic disease. Mr. Daniels said the public health district works with cities to encourage active living by providing walking and biking infrastructure, complete streets, traffic calming, public transportation and linkages to transportation, mixed -use development, schools within walking distance from residential areas, outdoor recreational facilities, and safe neighborhood design. They also work with cities to increase opportunities for healthy eating by encouraging urban agriculture, community and school gardens, local food processing and value added production, more access to healthy food retailers and farmer's markets, less access to unhealthy food and convenience stores. Mr. Daniels shared study information he found in the NEW ENGLAND JOURNAL OF HEALTH. In this study, one -third of the women living in a low- income neighborhood were given housing vouchers to move to a higher- income netghborhood. Over a 10 -year period, the obesity and diabetes rates in this group of people improved compared to those that stayed behind The study concluded that the health improvements were similar to diet and exercise programs or the use of medications to treat diabetes Moving, someone to a better neighborhood resulted in measurable health improvements That is why it is important to improve the quality of neighborhoods and communities Mr. Daniels said the Kitsap Public Health District also hired outside assistance to review the various comprehensive plans in Kitsap County The purpose of this exercise was to help local planning staff and elected officials understand how Comprehensive Plans can be amended to improve public health. The consultant reviewed the City of Bremerton's plan and provided recommendations on how it could be improved to encourage healthy living and eating The analysis points out the strengths of the City's plan, as well as the areas that might be improved Mr. Daniels emphasized that, in addition to working with state and local governments, the health district also works closely with schools, health care providers, daycares, work places, etc. to address problems from a collective impact standpoint. He summarized that working collectively is the only way to improve health, lower,health care costs, and make communities safer He advised that the health district is developing a model workplace wellness policy that will be implemented first by the health district and Kitsap Mental Health Services For example, the health district is working with partners to nutritional standards for school lunches. They are also working to develop ,joint use agreements with schools so the recreational facilities can be open to the community for physical activity They are working with state and local governments to suggest planning improvements and with parks departments to create smoke -free parks. Bremerton Planning Commission Minutes April 16, 20 13 -- Page 3 of 13 Mr. Daniels said the health district is working with various agencies to decrease chronic disease under the umbrella of the 5210 Program (5 or more fruits and vegetables, 2 hours or less recreational screen time, 1 hour or more of physical activity, and 0 sugary drinks, more water and low -fat milk) He advised that this is a program that individuals can work on at home, at work, at school, etc. Mr. Daniels summarized his presentation by reviewing that- • Your zip code identifies your community's health • Bremerton's health is an important factor in community planning. • Chronic diseases are the leading causes of death and disability and are increasing rapidly in the county and nationally • The high cost of health care is driven primarily by chronic diseases, and this affects everyone • Prevention through collective impact is the key to reversing the trends in chronic diseases. • Integrating health into land use and transportation planning is a critical effort to reduce chronic diseases, and it literally saves lives. • Planning has a profound impact on community characteristics, which impact not just health, but the economy and the environment Commissioner Simpson asked if the health district has data to support a gene link to chronic diseases. She also pointed out that life expectancy in the early 1900s was about 45 and life expectancy now is 75 to 80. She questioned if the data is skewed because people are living so much longer that chronic diseases are becoming more pervasive Mr. Daniels said they know that the rate of infectious diseases is significantly lower than where it was in the early 19009, and that is why people are living longer They can also predict the amount of genetic component in death and disability rates, and studies show that genetic factors have significantly lower impact on health than the choices an individual makes. Commissioner Albright asked if the health district's data is broken down into the various zip codes in Bremerton Mr. Daniels answered that much of the information was mined from census data They also mined data from behavioral risk surveys of adults and healthy youth surveys done by school districts. The data is aggregated primarily by municipal ,jurisdictions and school districts While zip code data does exist, this high level of data was not aggregated into the health district's report However, they do know that lower levels of chronic disease are found in neighborhoods that are safer, have higher incomes, and higher levels of education While public transportation is great, Commissioner Simpson asked how encouraging people to take a bus rather than walk would result in less public obesity Mr. Daniels explained that people who use mass transit tend to walk to and from bus stops This physical activity is positive Commissioner Simpson said that while organic food is fantastic and farmer's markets have wonderful items, most people cannot afford to shop for organic produce or at farmer's markets This leaves out an entire segment of the population who cannot purchase the healthier food anyway. Mr. Daniels agreed that the cost of healthy food is a significant concern and , is a difficult issue to address The health district's goal is to increase access to healthy foods and increase education to help people make healthier choices Vice Chair Tift commented that sidewalks can make a significant difference in improving public health Having lived in various neighborhoods around Bremerton, more people walk in areas where there are safe sidewalks. In addition to building community, sidewalks can provide health benefits, as well. Commissioner Dinkuhn referred to the graphs Mr. Daniels provided to illustrate changes in the age of the population She asked if the last graph that showed a very large swell in the aging population was specific to Bremerton or representative of the entire country Mr Daniels said the graph represents Kitsap County data, and is similar to trends throughout the United States. He stressed the importance of planning for this aging population. Commissioner Tift pointed out that Navy statistics show that 43% of the shipyard's workforce lives in Bremerton, based on zip code However, it is important to keep in mind that zip codes extend far beyond the boundaries of the City He said it would be very helpful to determine how much of the work force actually lives in Bremerton. Mr. Daniels said he believes it would be possible to obtain this information Bremerton Planning Commission Minutes April 16, 2013 — Page 4 of 13 Workshop: Zoning Code Amendments Ms. Floyd recalled that the Commission discussed SEPA in January, specifically the City's ability to increase exemptions (things that do not have to go through the SEPA process) The Commission raised several questions at that time, and the purpose of tonight's discussion is to provide additional clarification. She explained that applications that are not exempt from SEPA review are required to complete a 17 -page application and pay a $320 processing fee The SEPA review process takes about three months to complete. The majority of the SEPA reviews result in Determinations of Non - Significance (DNS), which means that the City's existing code adequately addresses impacts associated with the development. Once a DNS is issued, the applicant can move forward with the permit process. A very small number of projects receive a Mitigated Determination of Non - Significance (MDNS), which means that the existing code is not sufficient, and additional mitigation is necessary Typically, the additional mitigation relates to impact fees for schools, roads, etc Jurisdictions must have good reasons to support the added mitigation requirements Very few projects receive a Determination of Significance (DS), which means that no amount of mitigation would make the project fall below the threshold. in these cases, extensive reports and studies are required and the process is very long Ms. Floyd explained that SEPA rules allow local jurisdictions to establish their own exemption levels within a range identified in state law, and the City of Bremerton has adopted exemption levels at the lowest end of the current range Recent state legislation in 2012 allowed jurisdictions to automatically process permits at a higher exemption level without having to make any legislative changes at the local level, and the City of Bremerton has been exempting development projects at the higher level However, the change is temporary In order to continue to use this exemption level or to utilize the newest and even higher exemption level, the City must adopt an ordinance by the end of 2013 She provided a table to illustrate the lowest exemptions available, which were adopted by the City in the 1970's, the highest exemptions available between 1971 and 2012, and the new 2013 highest available. She explained that the City has the ability to establish exemption levels anywhere within the parameters of the chart. Ms. Floyd also provided a table to illustrate the outcome of the approximately 25 SEPA applications that were submitted in 2007 She emphasized that it is important for the City to have the ability to impose mitigation when needed. She reviewed that a DNS was issued for a gravel mine, which involved 165,000 yards of grading, and pointed out that this project would not be exempt from SEPA review based on the highest exemption level An MDNS was issued for a 101 -unit subdivision, and the City required a fire sprinkler system as additional mitigation. A project of this size - would also be subject to the SEPA review based on the new highest exemption level She noted that a DS was issued for the Bay Vista Subarea Plan proposal, and the applicant prepared an environmental impact statement (EIS) as part of a subarea planning process Ms. Floyd suggested that when reviewing the proposal to increase the exemption levels, the Commission should consider the costs and benefits associated with the change She noted that while the higher levels may exempt more projects from the lengthy SEPA review process, the change would also decrease the public's ability to participate in the process She explained that, typically, comments received during the public comment period from pnvate citizens are related to a general dislike of the project and not based on conditions that can be mitigated. Very rarely do the comments relate to situations that can be conditioned, and they typically come agencies such as the school district, fire department, etc She explained that the City could mix and match the options to establish the right exemption levels For example, many jurisdictions have set a lower exemption level for subdivisions and a higher exemption level for grading, and Kitsap County has set a different level for grading within 200 feet of the shoreline versus outside of the shoreline Ms. Floyd said staff will be working to draft amendments, and they would like the Commissioners to provide feedback about what they believe would be reasonable exemption levels She summarized that if Bremerton does not take action, the exemption levels would remain as they are identified in the current code language 100 cubic yards, 20 parking stalls, 4,000 square foot building; or 4 -lot subdivision. The previous maximum exemption levels were 500 cubic yards, 40 parking stalls, 12,000 square foot building or a 9 -lot subdivision The new maximum exemption levels are 1,000 cubic yards, 90 parking stalls, 30,000 square foot building, and a 30-lot subdivision. i Chair Jose invited the public to comment on the proposed changes to the SEPA exemption levels. No one in the audience indicated a desire to address the Commission. Bremerton Planning Commission Minutes April 16, 2013 —Page 5 of 13 I If the highest exemption levels are adopted, Commissioner Lambert asked if the City would have the ability to vet an application for potential impacts if it did not require any other type of permit and was exempt from the SEPA requirement Ms. Floyd answered that would not be possible She explained that some type of permit must be required in order to trigger a SEPA review, and the SEPA review would be extra based on the thresholds Director Spencer clarified that for example if the City adopts the higher SEPA exemption levels, an application for a 25,000 square foot building in the commercial district would go straight to the building permit process as a permitted use and no public process would be required However, there would be a public process for a proposal that requires a conditional use permit, a shoreline permit, etc Chair Jose thanked staff for providing a table to illustrate the outcome of the SEPA reviews that have been done in recent years He said he reviewed the significant projects and determined that most would have required SEPA review based on the increased thresholds. He said he supports raising the thresholds to the maximum level possible The City would still have the ability to review impacts associated with significant projects, but the change would alleviate the significant burden the SEPA process unnecessarily places on many projects Commissioner Dinkuhn recalled that at their earlier discussion, it was suggested that the City match the thresholds established by Kitsap County She suggested this would be an appropriate approach so the City does not push potential development out into the county as a result of stricter requirements Chair Jose referred to the information provided by staff to compare the requirements of various jurisdictions, including Kitsap County He noted that Kitsap County distinguishes between grading within the shoreline junsdiction and grading outside of the shoreline jurisdiction Director Spencer pointed out that Kitsap County has already adopted the highest exemption levels that were available in 2012, but the City is at the forefront in adopting changes based on the new 2013 levels At this time, they do not know if the County will adopt the higher exemption levels They must also keep in mind that the County has both urban and Waal areas She recommended the City offer a competitive market and encourage growth to come to the City by making the permit process as streamlined as possible That means that the SEPA threshold should be at the higher end, provided the proposal is not located in -a critical area, etc. Ms. Floyd also pointed out that because Kitsap County adopted the highest levels available about 10 years ago, they can wait to see what happens over the next several years without experiencing a significant loss If the City waits too long to adopt the new highest levels, they would drop back down to the very lowest thresholds that are significantly lower than the county's current thresholds. Director Spencer reminded the Commission that the legislature gave the City the local authority to raise the thresholds to the highest exemption levels on a temporary basis for 2013 However, code changes are necessary in order to continue the higher exemption levels after 2013 or to implement the new highest exemption levels She summarized that there is an impetus for the City to act now Commissioner Strube asked if staff foresees any major issues associated with raising the exemption thresholds to the maximum level allowed by the State Ms. Floyd said the only major issue is the reduction of community input, and she is seeking Commission feedback particularly regarding this concern Director Spencer pointed out that most of the DNS's that were issued were for projects larger than the increased thresholds A public process would still be required for significant projects She emphasized that mitigation is only for requirements that are above and ,beyond what the City code requires Because the City already has robust codes to address impacts related to traffic, the environment, etc, there is often no need for the additional SEPA tool. Chair Jose reminded the Commission that when the SEPA law was initiated, there were far fewer processes and approvals required for projects In the intervening decades, the Growth Management Act, Shoreline Management Act, etc have imposed additional processes to deal with impacts. Now that there are other tools to deal with impacts, he questioned the need to continue with a 1970's era policy Chair Jose asked what type of action staff is looking for from the Commission Director Spencer said a motion would provide clarity as to the direction the Commission wants to go She said she likes the county's approach of establishing a lower exemption threshold for projects located within a shoreline jurisdiction Commissioner Albright requested more information about how a lower exemption threshold would impact properties within the shoreline jurisdiction Ms. Floyd clarified that any development within the shoreline jurisdiction or the shoreline buffer would require a SEPA review. Chair Jose reminded the Commission of the City's extensive process of updating the Shoreline Master Program to adequately address all potential impacts related to shoreline development He said he would be against differentiating between the shoreline jurisdiction and other properties in the City. He also said he learned through the Gorst Creek Subarea Planning process that the real issues related to runoff and drainage are caused uphill properties and not the properties near the Bremerton Planning Commission Minutes April 16, 2013 —Page 6 of 13 I shoreline He summarized his belief that a lower threshold for grading near the shoreline would not track with current science COMMISSIONER SIMPSON MOVED THAT THE COMMISSION DIRECT STAFF TO PREPARE A DRAFT SEPA AMENDMENT FOR A PUBLIC HEARING THAT INCORPORATES THE NEW 2013 HIGHEST EXEMPTIONS LEVELS. COMMISSIONER STRUBE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Ms. Floyd advised that over 35 different PowerPoint presentations about the Comprehensive Plan were made to the Commission prior to the plan's adoption in 2004 However, none of the current Commissioners were serving during that time. She reviewed that throughout the process there was overwhelming support to create a plan that tailored the expected growth into several dense, mixed -use, mini cities or "centers" throughout Bremerton. The goal of the plan is to create a wide range of housing choices, support stronger neighborhoods, provide a variety of transportation choices, enhance convenience with places to work and shop, improve pedestrian orientation, and foster distinctive, attractive places with a strong sense of place She provided a picture to illustrate the concept, showing retail uses on the bottom, office in the middle, residential uses above and parking behind the building Ms. Floyd pointed out that seniors, single- parents and starter couples represent 50% of today's market, and it is anticipated they will represent at least 60% of the market in 20 years Studies have shown that this population group wants to live in places where there is easy access to services, urban amenities and social settings By and large, these people want to live in urban centers, and the City of Bremerton must capture some its lost vitality by planning for the future To illustrate the concept further, she provided a picture of Wheaton Way as it is currently developed, and a picture of how the subarea plan envisions the street will be developed in the future Ms. Floyd explained that while the growth strategy and "centers" concept is working well in some areas such as the Charleston District, Downtown District, and the Manette Neighborhood Center, which were developed in a pedestrian - friendly pattern at the outset; the City has experienced challenges implementing the full vision of the concept where existing development was focused around automobile traffic such as Wheaton Way and Kitsap Way Contrary to the vision in the Comprehensive Plan, these areas are becoming increasingly vacant and dilapidated rather than growing into thriving community centers She advised that the current code establishes a maximum front -yard setback requirement that is intended to push the buildings forward, and design standards were created to require windows and building modulation Significant landscaping buffers are required to make it feet safer to walk on the street. Ms. Floyd said the purpose of this discussion is to discuss how they can work towards the goals in the Comprehensive Plan in a phased approach She noted that the economy has changed since 2004, and development patterns are difficult to change, as well The designated centers are at a disadvantage because they are competing against properties within the City limits that do not have the some code requirements Developers are choosing to invest in properties that are less encumbered with regulations and easier and less costly to develop The City Council has asked the Commission and staff to consider ways to amend the zoning code to allow development opportunity but not prohibit implementation of the "centers" concept They have specifically asked them to work on amendments relating to drive -thru lanes and maximum front yard setbacks. Ms. Floyd referred to the property where Arnold's Furniture is located at the corner of Kitsap Way and Morgan Avenue She explained that part of the building was destroyed by fire Because the property owner did not obtain a permit to replace the building within one year, his property is now subject to the new code requirements, and the building must be developed closer to the street front Complying with the setback requirement would not be a problem if the site was empty, but the proposed new building would block the view of the existing building. This may not be an ideal situation It can also be difficult to push buildings located on sloped lots towards the street front, and it would eliminate the ability to widen the street at some point in the future in addition, developers say that consumers want to drive up and park in front of businesses She summarized that it costs more to meet the City's design standards, and more and more buildings on Kitsap Way and Wheaton Way are being vacated Some of this is related to the poor economy, but much due to the more stringent zoning code requirements Bremerton Planning Commission Minutes April 16, 2013 —Page 7 of 13 I At a minimum, Ms. Floyd recommended that the same setbacks should be applied to all commercial zones. Perhaps there could also be some exemptions that allow more flexibility for corner lots or slopes She reviewed each of the areas where changes may be warranted as follows • Red Apple Market Area on Kitsap Way. The current zoning in this area is Neighborhood Business and Limited Commercial, both of which have a 10 -foot maximum setback requirement that pushes the buildings to the street front. Neither zone allows drive -thru uses There is existing development in the area and no landscaping along the street. There are no sidewalks, and future development is likely to be in the form of additions, remodels or expansions The taco shop, with a drive -thru, is non - conforming but the use is not likely to change in the near future Any expansion of the Red Apple Market would need to occur towards the street front in order to comply with the code, and she does not believe the owners are interested in doing that • Oyster Bay Center on Kitsap Way. This is a neighborhood center that is currently zoned Neighborhood Business. Drive -tiru uses are not permitted, and a maximum setback of 10 feet is required. The business with the drive -thru is non - conforming and the property will likely be redeveloped at some point in the future However, it is not likely that redevelopment will occur on the QFC site any time soon. City staff has received inquiries about the possibility of developing a dnve -thru restaurant in the middle of the parking lot Although the building would be pushed towards the street, the drive -thru use would not be allowed People are confused about why this type of use is not allowed in a location that seems logical. While there is sparse landscaping at this time, there are good sidewalks • Commercial Corridor on Kitsap Way. This area is zoned Commercial Corridor and drive -thru uses are allowed However, the maximum setback requirement is 5 feet She said she believes the setback requirement is to ensure that drive -thru uses are not placed along the street front. There is limited landscaping and good sidewalks, but any future development is likely to be in the form of additions, remodels and expansions While some of the buildings meet the design standards, she questioned if the existing development meets the vision of creating a "center." • The Corridor on Wheaton Way. One side of the street is zoned District Center Core, which does not allow drive - thru uses and requires a 10 -foot maximum setback The other side is zoned Commercial Corridor, which allows drive -thru uses but requires a 5400t maximum setback This difference is difficult to explain to property owners and prospective developers Wheaton Way is narrow and most of the buildings are pushed close to the street front There are several existing drive -thru uses, some of them non - conforming • Wheat Way and Riddell. A portion of this area is zoned Wheaton Frontage, which does not allow drive -thru uses but requires a minimum setback of between 35 and 55 feet. The remainder of the area is zoned Wheaton Way Redevelopment Corridor, which allows driveAhru uses, but requires a maximum setback of 5 feet. Ms. Floyd explained that when development, standards are too difficult to meet, property owners tend to hold on to exactly what they have because it costs too much to change to anything new She suggested that the City's goal should be to create zoning requirements that meet the vision in the Comprehensive Plan but allow for more flexibility She provided a picture of a building that was constructed in 2007 and meets all of the code requirements, but she questioned if it is really consistent with the vision in the Comprehensive Plan She also provided pictures of attractively designed dnve -thru uses and suggested the Commission have a brief discussion about what makes some dnve -thru uses better than others She noted that there are currently no design standards for dnve -thru uses. Commissioner Albright pointed out that the Walgreens and Starbucks drive -thrus are difficult to negotiate because the sites are too densely developed Commissioner Lambert agreed that these drive-thrus are tight, but their design is aesthetically pleasing She said she likes that you can enter the Starbucks without crossing the path of the drive -thru A separate entrance helps Commissioner Strube asked how many potential businesses have been turned away because of stnet code requirements. Ms. Floyd said she does not have an exact count, but the number is significant. Director Spencer recalled that at their March retreat, the City Council discussed ways to improve the condition of the City. One idea was to improve the vitality of the commercial districts. They specifically asked staff what is stopping people from developing commercial uses in the City, and her first response was that they have to turn people away because projects are not compatible with the current code. The situation becomes even more difficult because drive -thru uses may be allowed on one side of the street, but not the other She suggested a better approach would be to allow the use, but provide standards to guide design so that Bremerton Planning Commission Minutes April 16, 2013 -- Page 8 of 13 I I development accomplishes key elements of the Comprehensive Plan vision such as pedestrian friendly, walkable commercial areas Chair Jose suggested that screening and visual separation between the cats and everything else are important features of any dnve -thru uses. The finishes and landscaping associated with a drive -thru use are important elements It is also important to separate pedestrian and automobile spaces Commissioner Dinkuhn said she drove up Kitsap Way during the afternoon to refresh her memory of the existing drive -thru uses She said she does not want to outright prohibit drive -thru uses, but there are some obvious, better- planned drive -thrus Most of them belong to banks, where drive -thru uses am oriented on the site so that pedestrians are not required to walk across traffic and cars are able to maneuver in comfortable but small areas in convenient and efficient ways She suggested that, through good site planning, the City could encourage businesses with drive -thru components to better plan them so there is incentive for people to get out of their cars The drive -thru should not be, the first thing they see, and may not be the most convenient way to get in and out of a business Instead of prohibiting the use, drive -thru should be done in a more pedestrian friendly way that provides a more pleasing visual experience, as well The plan of having a drive -thru loop around to the back and exit into a parking rather than throwing cars back out into traffic is also a huge factor in providing both pedestrian and driver comfort Commissioner Simpson said that while it is good exercise, she does not see American's trending towards walking When she lived in Parts, she had to walk everywhere, and she loved walking. But when she came home, she was grateful to have a car so she could go where she needed to go She suggested that the independence of having a car is more of who American's are It is nice to have beautiful pathways, but she does not see that most Americans will embrace the idea Chair Jose agreed that it is important, through the planning process, to encourage people to achieve the public health goals discussed earlier in the meeting But drive -thru capability is very important for many people such as the elderly or mothers with children in car seats They need to provide options for all people. He summarized that it appears the Commission does not support an absolute prohibition on drive thru uses. However, instead of permitting the use outright, perhaps some design criteria could be established so they are more compatible with the Comprehensive Plan's vision Commissioner Albright questioned the actual demand for drive -thru uses She said she sees a lot of drive - thrus in Bremerton that are not heavily utilized Ms. Floyd said she does not have information about the actual demand for drive - thrus, but it is challenging to tell property owners they outright cannot have them She suggested that a better approach would be to allow the use, but put in place design standards so the uses are consistent with the Comprehensive Plan vision Commissioner Albright concurred Vice Chair Tift pointed out that national chains are required to constantly improve, and the businesses will likely be remodeled approximately every ten years He noted that, often, you can get better service from a drive -thru than if you walk inside. The drive -thru industry is geared towards making improvements to speed people through He expressed his belief that the existing drive -thrus on Kitsap Way are much better than those on Wheaton Way. Those on Kitsap Way are more modern and well situated He agreed that allowing drive - thtus on one side of the street but not the other is absurd and needs to be changed Ms. Floyd summarized that the Commission likes the site design features provided at some drive - thrus, such as the stone paving, etc. Separate entrances for the queuing and vehicular circulation is important, as is visual separation and screening. It is also important to keep pedestrians safe. They should look to banks for examples of good site design Perhaps drive - thrus should not be located in the most convenient and prominent locations lnstead, they could be located on the back side to reduce their presence from the street side. Commissioner Dinkuhn referred to the examples provided by staff She likes the way the Jack in the Box drive -thru is accessed through a parking lot rather than from Wheaton Way. Also, the landscape strip that is provided at the Kentucky Fried Chicken drive -thru provides a visual break from the traffic that is flying by Commissioner Tift noted that the Kentucky Fried Chicken structure was recently remodeled. Ms. Floyd added that the McDonald's on Wheaton Way recently submitted an application for a permit to redevelop the site Chair Jose noted that when the Burger King on Kitsap Way was remodeled, an ADA accessible pedestrian crossing was provided. The drive -thru is landscaped and tucked on the side of the Bremerton Planning Commission Minutes April 16, 2013 — Page 9 of 13 property Cars exit into a parking lot at the rear of the building rather than the busy street. Commissioner Lambert observed that all four examples provided by staff exit and enter from a parking lot Commissioner Albright said the latte business on Kitsap Way always has cars lined up waiting for service. This indicates good business commerce and vitality to the area. However, the current code prohibits the use. Commissioner Strobe observed that Kitsap Way and Wheaton Way are main thoroughfares (highways). As much as they would lice them to be walkable neighborhoods, there are numerous cars on the streets, and he does anticipate this will change While he supports the idea of creating design standards for landscaping, drive -thm uses, etc, he expressed lus belief that it makes sense to have a more business friendly zoning code Commissioner Lambert said she has walked the stretch of commercial area along Kitsap Way, and she does not consider it a great walkable area She agreed with Commissioner Strube that, realistically, this area is going to be a business corridor But they should also remember that some people must use public transportation, and they need to have safe places to walk ML Floyd cautioned against going beyond what =the Comprehensive Plan allows They are currently talking about potential zoning code amendments and not updates to the Comprehensive Plan. The Commission appears to be suggesting that these areas be reviewed once again when the Comprehensive Plan is updated in 2016 However, she summarized that the City Council has directed the staff and Commission to address both Kitsap Way and Wheaton Way and find ways to be more flexible while maintaining the current Comprehensive Plan criteria Staff is seeking feedback and direction from the Commission as they prepare draft code amendments for their future consideration Commissioner Albright expressed her belief that it is not reasonable to require buildings on Kitsap Way and Wheaton Way to be set closer to the road She supports a more lenient setback requirement Director Spencer observed that all the zoning on Wheaton Way and Kitsap Way requires a maximum setback of either 5 or 10 feet, with the exception of the Wheaton Frontage Zone, which has a setback requirement of between 35 and 55 feet. She further observed that the current zoning is successfully implementing the Comprehensive Plan vision in areas where existing development already complied with the concept, but that is not the case in areas where existing development is non - conforming. She explained that the Wheaton/Riddell Subarea Plan acknowledges the existing conditions and that development consistent with the Comprehensive Plan vision would be phased in over time She summarized that having hard and fast setback requirements is not achieving the City's goal, and the commercial areas along Wheaton Way and Kitsap Way are actually dying because the City is turning away potential developers While she acknowledged that staff has not had a lot of time to think about possible solutions to this problem, they recognize the need to phase in the improvements over time on sites that do not conform Staff is seeking concurrence from the Commission about whether or not they should pursue this issue. Chair Jose invited members of the public to provide testimony Steve Gyverson, Bremerton, said he owns property on Wheaton Way (next to Flowers to Go) Before he purchased the property in 2004 from the school district, he received assurance from the Planning Department that the current zoning would allow him to develop a car dealership on the site However, during the year it took him to secure financing and purchase the property, the City had changed the zoning and car dealerships were no longer allowed A few weeks later, he received a letter from the City informing him that he would be frned per day if he did not mow the weeds on the property He was upset that no one notified him of the change He said he has two dealerships in Tacoma, and the proposed new dealership in Bremerton would have employed approximately 25 people It was going to be a nice development He said he has been servicing the note on the property since 2004, and his property taxes are current. He suspects there would be more property owners present, but many have already had their properties foreclosed on because of the rezone He suggested that the rezone, rather than the economy, has had the most significant impact on these two commercial areas. He said he has been approached by several businesses, but they declined the property because drive - thrus are not allowed Ralph Erickson, Bremerton, said he owns property on Kitsap Way where Arnold's Home Furnishings is currently located. He said he has spent a lot of time talking to Planning Department staff about zoning and setback issues. He said he is encouraged about the Commission's current conversation about setbacks and dove -thrus He was born and raised in Bremerton and has owned his commercial property for 60 years. He does not want to relocate his business, but it is important to recognize the problems that property owners on Kitsap Way and Wheaton Way are faced with. He encouraged the Commission to allow staff to present their ideas They deal directly with the property owners and have a clear understanding of the problems The staff and the property owners need Commission's help to address this problem Bremerton Planning Commission Minutes April 16, 2013 — Page 10 of 13 Carl Zarelli, East Bremerton Plaza LLC, said he owns one of the "ugly" properties at the corner of Wheaton Way and Riddell Road (where the former Rite Aid was located) He said he has been working with the Planning Department staff and the City Attorney for months. He recently submitted a drawing with a dnve -thru He said he is very aware of the Comprehensive Plan vision and how it has impacted the properties on Wheaton Way and Kitsap Way. He said he is not against landscaping, bicycle pathways, and encouraging people to get out of their cars and walk All of these are good ideas, but there are some issues that need to be addressed. It is important that the Commission carefully listens to what the issues are While he recognized that the current discussion is related to maximum front setback and drive -thru uses, he said the existing parking restriction is also a problem fhe Subarea Plan also calls for an interior circulator street. He suggested that perhaps the location of the circulator street could be adjusted to flow through the properties He cautioned that dnve -thru businesses are not only fast -food restaurants, but banks, pharmacies, and other necessary services that are needed after hours He said that many retailers are not interested in locating in these two commercial areas unless the minimum parkmg requirement is raised to at least 4 to 4 5 spaces per 1,000 square feet. He noted that the rule of thumb for restaurants is 10 parking spaces per 1,000 square feet. A good developer understands the parking requirements and how to get the highest and best use out of their property. He summarized that while planning is good, it must work in practical application. Impractical codes that do not work will only drive businesses away Vice Chair Tift asked if Mr Zarelli owns the entire property where the Lowes, Albertson's and Rite Aid were located Mr. Zarelli answered that they have owned the entire property since the early 1960's They also own the 20 acres behind it He said he has had offers to purchase the property, but he has held off because he recognizes the property's potential. Mr Zarelll said he is not against redeveloping properties and providing amenities people like Drive -thrus can be done correctly Again, he emphasized that planning must be practical They must accept that Wheaton Way is a fast - moving highway He said he currently has a few letters of intent for his property, but the perspective buyers are waiting to hear the outcome of this discussion Commissioner Dinkuhn reminded the Commission of the need to plan for the communities they want, and not necessarily deal with the communities they have. She does not want to continue to operate with the status quo because that is the way it has always been She would like the Commission to look forward to what they really think is better for the entire community She referred to a drawing provided in the presentation to outline the possibilities for Wheaton Way to become a tree -lined street, with trees down the center rather than a left -turn lane in both directions While this may be idealistic, it is much better to focus on as a possibility rather than just continuing with what they already have Commissioner Simpson pointed out that because Wheaton Way is a state highway, the City does not have the ability to put trees down the center This would be a state decision Director Spencer said she previously worked for the City of Shoreline, which is bisected by Highway 99. She explained that Shoreline, in cooperation with the Washington State Department of Transportation (WSDOT), did an entire project to renovate the Highway 99 right -of -way to look very much like the picture provided for Wheaton Way This was a very long, intensive process, and required a lot of right -of -way acquisition Requiring buildings to be located within five feet of the public right -of -way would eliminate the possibility of widening the roadway to accommodate additional right -of -way improvements She summarized that the properties along Wheaton Way could be developed as per the drawing, but a lot of work and partnerships would be required Commissioner Simpson asked what code changes are needed to address the property owner's concerns and help them be successful Director Spencer answered that it is important to both acknowledge the existing non - conforming status of these commercial areas and create zoning provisions that allow the Comprehensive Plan vision to be phased in over time The current zoning provisions that implement the Comprehensive are so strict that they do not acknowledge the pre- existing condition Taking a more gentle approach to implementing the Comprehensive Plan would be more appropriate She suggested that staff needs to provide information on possible ways to provide a more gentle approach to achieving what the Comprehensive Plan goals Chair Jose commented that if they were starting with vacant properties, they could adopt a development code that facilitates development that is exactly consistent with the vision of the Comprehensive Plan. However, that is not the case for properties on Wheaton Way and Kitsap Way New urbanism and the idea of mixed -use development are nice, but it does not work in all areas In fact, it clashes with the current conditions in these two areas. The current code sets the bar very high as far as cost and complexity, so high that people decide not to jump at all He suggested that rather than removing the bar Bremerton Planning Commission Minutes April 16, 2013 -- Page 11 of 13 completely, it could be lowered so that existing development could make some improvements Perhaps 10 or 20 years in the future when the next round of capital improvement happens, the code could be tightened a little more towards the vision they want This would allow for a gradual process rather than the current ail or nothing approach they have in place now He said that while he does not know exactly what code changes are needed, he believes they are on the right track. Chair Jose observed that allowing dnve -thru businesses on one side of the street and not the other seems unfair. It also seems unfair to require buildings on one side of the street to be set closer to the street front. He suggested that perhaps there is a way to build in transition zones between the different types of zoning Perhaps dnve -thru lanes could be allowed as conditional uses This would allow for a public process, but the process should not be burdensome The Commission indicated support of staff pursuing potential code amendments related to setback requirements and drive - thru business. However, they acknowledged that more work is needed to determine the best approach for addressing the problems. Vice Chair Tift said he would also be interested in learning about other issues that may be driving business away from these two areas. Director Spencer said the two issues currently before the Commission are the major reasons for turning applications away While Mr. Zarelli expressed his belief that the code does not allow enough parking, staff has never turned down an application because it would provide too much parking However, she agreed to review the parking requirements again Commissioner Simpson referred to a picture provided in the staff presentation, which looks a lot like Winslow Way in Bainbridge Island. She said that last time she visited Winslow Way, she noticed that most of the spaces were vacant and they had very few retail uses Few people were living in the units above, either While the concept is a desirable idea, she questioned if it is a feasible option for Bremerton Commissioner Albright referred to University Village as a good example of the "center" concept. It has gone through many different changes over the years and setbacks are currently about 60 feet, but it still has a village feel She noted, however, that parking was a challenge Mr. Zareili pointed out that University Village is not located on a state highway Mr. Zarelli once again asked the Commission to consider changing the maximum parking standard Chair Jose summarized that the Commission is very much interested in economic development in the City They also recognize that economic competitiveness is one of the most important issues they face He encouraged the staff to identify all roadblocks to economic development because the Commission is eager to address them The remainder of the Commission concurred BUSINESS MEETING Chair Report Chair Jose did not have any items to discuss during this portion of the meeting Director Report Director Spencer reported that at the City Council's March retreat, there was a lot of emphasis on making improvements to local neighborhoods One issue, in particular, is related to code enforcement. She explained that the City's current code enforcement program is complaint driven, and the City only has one code enforcement officer Some of the City's biggest code enforcement problems are associated with "zombie" properties that are vacant because they have gone through foreclosure people are no longer living in them and the banks are not adequately maintaining them The homes are in limbo and area huge driver for crime and reductions in property values She referred to journal articles that provide scientific data that these "zombie" homes result in increased crime not dust on the block they are in, but the entire neighborhood. These vacant homes are bad for the community Director Spencer advised that, under the direction of the City Council, staff has prepared a "vacant and abandoned property" ordinance that would require vacant properties thav have been abandoned as a result of foreclosure to register with the City and identify a local property manager The property manager would be required to inspect the property on a monthly basis to Bremerton Planning Commission Minutes April 16, 2013 — Page 12 of 13 ensure code compliance, that the property is secure, etc The property owner would be required to post contact information of the local property manager on site While no other jurisdiction in Washington State has a vacant and abandoned property ordinance, they have been successfully implemented in various states including California where the foreclosure rate is particularly high. She announced that the City Council is scheduled to take action on the proposed ordinance on April 17 She pointed out that other jurisdictions are watching this process closely, and she anticipates that it won't be long before similar ordinances are adopted elsewhere in the State. 1 Director Spencer explained that, as currently proposed, there would be no fee associated with the property registration, and an on -line tool would be implemented so that owners could register on -line. If a property owner fads to register, a $1,000 base fine would be assessed, with an additional $100 for each day that the violation continues There would also be a $1,000 fine if a property manager fails to inspect the property on a monthly basis. She summarized that the proposed ordinance is an innovative approach, and they are working quickly to adopt it She thanked Commissioner Dinkuhn for the letter from Sustainable Bremerton supporting the proposed ordinance. She reported that she has discussed the proposal with several groups, including realtors and real estate agencies, and there is a lot of support for implementing the ordinance Commissioner Dinkuhn said she was glad to see one of the homes at the end of the Manette Bridge was demolished last week. Director Spencer reported that on April 22n staff will request an order from the Hearing Examiner to address the remaining two homes that are under different ownership She explained that the proposed new ordinance would not require the owners to register the properties because they are not in foreclosure status However, the ordinance would require them to post contact information for the property managers on site. Director Spencer also reported that representatives from various City departments have been working together to improve response times for taking care of graffiti issues The previous response time of approximately 45 days has been reduced to just three days In addition, the City now offers an on -line application for reporting graffiti problems, and an app has been developed for i- phones This allows people to report problems quickly so they can be resolved in a timely manner Old Business There was no old business to come before the Commission New Business There was no new business to come before the Commission ADJOURNMENT The meeting was adjourned at 7 41 p m Re ecti I Submitt ndr a L Spe M Al C , Exe hve ecretary , fission Bremerton Planning Commission Minutes April 16, 2013 — Page 13 of 13 DRAFT SUbject ;o September 1 7 20 13 Approval CITY OF BREMERTON PLANNING COMNUSSION MINUTES OF REGULAR MEETING July 16, 2013 CALL TO ORDER: Chair Jose called the regular meeting of the Bremerton Planning Commission to order at 5 30 p m. ROLL CALL Commissioners Present Staff Present Chair Jose Andrea Spencer, Director, Department of Community Development Vice Chair TiR Nicole Floyd, Current Planner, Department of Community Development Commissioner Albright Allison Daniels, Current Planner, Department of Community Development Commissioner Dinkuhn Commissioner Lambert Others Present Commissioner Strube Lisa Grueter, Berk Consulting Commissioners Absent Commissioner Simpson (excused) Quorum Certified APPROVAL OF AGENDA COMMISSIONER LAMBERT MOVED TO APPROVE THE AGENDA AS PRESENTED. VICE CHAIR TIFT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER STRUBE MOVED TO APPROVE THE MINUTES OF JUNE 18, 2013 AS AMENDED. 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 dose asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Public Hearin¢• Zoning Code Amendments Relating Drive- Thronshs. Commercial Building Setbacks. and State Environmental Policy Act (SEPA) Exemptions Ms. Floyd recalled that the Commission previously discussed all three topics in both January and May She said her staff report would cover the broad concepts, but she could cover the topics in more detail at the request of the Commission. Staff Report on SEPA Exemptions Ms. Floyd said it is important to remember that the State has allowed increases to the SEPA exemptions over the years, and most recently in 2012 She provided a chart to illustrate how the State SEPA exemption levels changed in both 1971 and 2012 She noted that the City of Bremerton chose not to adopt the maximum exemptions allowed by the State in 1971, and they recently held a workshop discussion about the pros and cons of changing the City's exemption levels to the fullest extent allowed by the 2012 changes During the earher workshops the Commission recommended that staff bring to public hearing the option to raise the exemption levels to the highest levels primarily because the City now has an exemplary set of regulations that specifically address potential adverse environmental impacts such as the Critical Areas Ordinance, Shoreline Master Program, Stormwater Manual and adopted Best Management Practices. She noted that these regulations were not available in 1971 She explamed that utilizing the higher exemptions would expedite permit review Projects that fall below the exemption limits would not be required to go through the three -month SEPA process Staff is of the opinion that other City regulations would address any environmental impacts Staff Report on Zomng Code Amendments Relating to Dnve Through Facilities Ms. Floyd said it is anticipated that the City of Bremerton will be the largest metropolitan area in Kitsap County in the future The Comprehensive Plan focuses on how the City can reach this goal through the "Centers" concept, which is intended to promote new development into mixed -use centers She provided pictures to illustrate what the City is supposed to look like in the future The goal is to encourage mixed -use development with commercial on the ground floor and residential units above Street comers would become key anchors, and there would be places for citizens to walk, shop and interact Because pedestrians, not cars; would be the major focal point, pedestrians should be in front of buildings and cars in back. Ms. Floyd noted that the Commission's discussion about the "centers" concept was most recently focused on Kitsap Way and Wheaton Way It was discussed that the existing development patterns focus on vehicular rather than pedestrian traffic While it is the City's intent that the areas transform over time, very tittle transition has occurred during the last eight years except for more vacant buildings She commented that consumer demand is important Developers build what consumers want, and they contend that consumers want to be able to drive to a building and park in front Ms. Floyd said that, although staff is not recommending changes to the vision outlined in the Comprehensive Plan at this point, staff behoves the "centers" concept outlined in the Comprehensive Plan would be more successfully implemented if the code provided more flexibility to allow transition to take place over time The proposed revisions are intended to provide this flexibility, without altering the long -term goals established in the Comprehensive Plan. She explained that transitioning from existing development to the vision outlined in the Comprehensive Plan will take a giant leap, and will require that properties be completely redeveloped with no existing non-conforming buildings remaining. Staff does not believe this approach is realistic at this time, given the current economy The proposal revisions acknowledge that each site is different and has unique constraints The revised language would establish clear requirements but allow for minor code departure on a case -by -case basis provided that specific criteria are met. Ms. Floyd advised that consistency is important The revisions are intended to ensure that all commercial zones have sumlar requirements and use smular language so that code provisions can be applied appropriately. She noted that the current code provisions focus primarily on new development, and very little consideration is given for remodel or expansion of existing developed (non - conforming) sites However, because existing development makes up a substantial portion of the commercial property in Bremerton, the proposed revisions include provisions that accommodate existing development As an example, she provided a picture of an auto - onented development She explained that it is unreasonable to think that the property will be completely redeveloped to a different use within the next 20 years, but any remodel or addition to the property can be done in a way that is more consistent with the vision of the Comprehensive Plan. Ms. Floyd recalled that the Commission's last discussion about dnve - through facilities focused primarily on properties along the two major highways running through the City (Wheaton Way and Kitsap Way) Since that time, staff considered the use in other commercial zones in the City, as well She explained that drive- through facilities are prohibited entirely in some commercial zones but are allowed in others without any design criteria. She said that instead of focusing just on Wheaton Bremerton Planning Commission Minutes July 16, 2013 — Page 2 of 11 Way and Kitsap Way, staff is now recommending that the City establish standards for all drive- through facilities regardless of the zone they are located m. She reviewed a chart provided in the Staff Report to illustrate where drive- through facilities would be permitted or prohibited She noted that, as currently proposed, drive- through uses would be prohibited in the District Center Core, Neighborhood Center Core and Neighborhood Business Zones She emphasized that the District and Neighborhood Center Core Zones are extremely important in terms of achieving the "Centers" concept, and dnve- through facilities in these zones would seem out of character with both the existing development pattern and the planned growth strategy The exceptions would be the Wheaton/Riddell Subarea and the Oyster Bay Neighborhood Center There are already several drive - through facihties in the Wheaton/Riddell Subarea, and the subarea plan provides regulations that are specific to the area. Allowing drive - through facilities, with specific criteria, seems appropriate in this one location She also said that due to the small-scale nature of the Neighborhood Business zone, drive- through facilities would be out of character Ms. Floyd reviewed the proposed dnve - through facility standards as follows • Clarification of Use. Drive - through facilities should be considered an accessory to any permitted use The way the code is currently written calls them out as a separate use, but they are usually attached to a business or use Definitions were added to make it clear that if you have an allowed use, a drive - through facility would be permitted as long as the criteria can be met. • Preferred Locations. At their last workshop, the Commission discussed where drive- through facilities would be appropriate. The proposed amendments encourage the drive - through facilities to be located to the side or rear of the building when possible When this is not possible, screening requirements were added to reduce the visual impacts of the dnve- through facility • Stacking Lane. To address safety issues, at least four cars must be able to park behind the window to ensure waiting cars are not blocking traffic on the street. The current code language does not specifically identify a minimum number of waiting cars the lane must hold The proposed amendment sets the stackmg lane requirement at a minimum of four cars, and six cars for restaurant/food/drink uses. Chair Jose asked if the four -car requirement includes the car that is at the window Ms. Floyd said the requirement applies to the space behind the window, and would not include the space for the car being served She explained that the standard is flexible in terms of how long each of the spaces must be • Design. The Comprehensive Plan establishes that the most important design elements for drive- through facilities include screening of the drive- through lanes and ensuring safe pedestrian movement on and within the site • Pedestrian Features. Drive - through facilities, in general, are contrary to the Comprehensive Plan's goal of making pedestrians the primary users and vehicles the secondary users This can be done by creating space that makes it clear the pedestrian has the right -of -way via designated walkways from parking areas, using a different material for drive- through lanes so they are easily identifiable to pedestrians, and enhancing landscaping to provide a buffer between the parking area and the drive- through lane • Signage. The current code does not have adequate signagc requirements for drive- through lanes The proposed amendment includes new requirements to ensure proper size, placement and screening Ms. Floyd provided pictures of dnve - through facilities currently located at two Starbuck locations to illustrate the concepts outlined in the proposed new design standards She also provided pictures to illustrate the difference between a drive- through facility that is consistent with the proposed standards and one that is not. She summarized that the proposed standards are intended to facilitate better design and enhanced pedestrian safety Staff ftort on Zoning Code Amendments Relatmg Commercial Building Setbacks Ms. Floyd reminded the Commission that the purpose of the maximum front -yard setback is to place the building, rather than the parking, on the street front The intent is to create the sense of an urban environment by pushing the building forward and providing parking behind This concept encourages pedestrians, rather than vehicles, along the frontage She provided pictures to illustrate the difference between development that is pushed up to the street front and development that is located fiuther back on the lot to provide parking in front. Ms. Floyd advised that the proposed amendments are intended to provide more flexibility to address unforeseen circumstances such as topography and existing, on -site development without substantially impacting the Comprehensive Plan goals She reviewed the revisions staff is recommending to provide additional flexibility as follows: Bremerton Planning Commission Minutes July 16, 2013 — Page 3 of 11 • Setback Consistency. Currently, the maximum setback is different, depending on the zone The proposed amendment would establish a consistent 10 -foot maximum setback requirement for all commercial zones In addition, the language related to setbacks in each of the zones would be made as consistent as possible • Improved Setback Flexibility. The proposed amendment would allow for an exception to the maximum 10 -foot front - yard setback This recognizes that there may be scenarios where a greater setback would be appropriate. However, in order to obtain approval of a setback departure, an applicant must demonstrate why an increased setback is necessary and how it is the minimum necessary The Director would make the final decision. Possible reasons for a setback departure include topography, utilities, site constrains, and existing development. • Parking at the Building Frontage and on Corner Lots. The current code states that parking in front of a commercial development should be mimmized and parking on corners is prohibited Each zone establishes a slightly different maximum percentage for the amount of parking that may be located between the budding and the street front. Staff is recommending a consistent percentage of 50% for all zones Rather than prohibiting parking intersections, the proposed amendments provide flexibility by establishing design criteria to screen the parking should it be located at an intersection. She provided a diagram to illustrate what is meant by "building frontage" (area between the sidewalk and the building along the entire frontage) and explained how the proposed amendments would be applied She also provided examples to illustrate how the parking requirements could be achieved Ms. Floyd explamed how the proposed amendments would be applied to the property that is currently developed as Arnold's Furniture Store She recalled that there was a fire several years ago and half the site is now sitting vacant. As per the current zoning code, any development that occurs on the site must be pushed into the comer towards the two street fronts. The proposed amendments offer optional building locations, provided that the property owner submits analysis to demonstrate why the setback departure is necessary and how he/she would compensate for pushing the building back. Commissioner Dinkuhn asked if the 50% parking limitation would apply to both streets when a building is located at the comer and fronts two streets Ms. Floyd answered that it would apply to both streets Commissioner Lambert requested clarification of the term `primary frontage" and "secondary frontage " Ms. Floyd answered that `primary frontage" typically refers to the portion of the building that fronts the busier street She explained that the current code does not differentiate between the different types of streets The proposed amendments would identify both "primary artenal" and "secondary artenal" streets, consistent with the Engineering Department's classification map of streets Ms. Floyd concluded her staff report and recommended the Commission conduct an open record hearing, consider testimony, and make a recommendation of the proposed amendments to the City Council Public Comments Chair Jose opened the public hearing for comments related to the proposed amendments outlined by staff Larry Matel, Port Orchard, said he was very impressed by the forward - thinking staff presentations with respect to urban design and transportation. He expressed his belief that the City of Bremerton has taken a strong leadership in the consideration of form, function and design of the City; not only with respect to land -use planning and development, but also with respect to stormwater He commented that the proposed amendments are in line with what he has seen happen in a number of other onented communities throughout the western states and United States, in general He said the proposed revisions will set a tone for the future of what Bremerton will be as tune goes on He asked the Commission to recommend approval of the modifications as presented While there may be some push back from some citizens who support the status quo, the City must look towards a new generation of citizenry, as well Ralph Ericson, Bremerton, said he owns the Arnold's Furniture property located at Kitsap Way and Marine Drive, which was shown in one of the illustrations provided during the Staff Report. He said he has been trying to develop the property for a number of years, but has been held back by the poor economy and because the City codes are too restrictive. The land has remained vacant and does not produce income for either the owners or the City He noted that extensive planning has gone into the proposed amendments, and they represent an approach that he can work with to develop the property He encouraged the Commission to recommend approval of the proposed revisions as presented by staff While he recognized SIMMONS Bremerton Planning Commission Minutes July 16, 2013 —Page 4 of 11 the ultimate goal of the Comprehensive Plan vision, the current requirements are tough on developers. The amendments are Just one way to encourage development that will help to revitalize the community Chair Jose closed the public hearing. Commission Deliberation and Action Commissioner Strube said he appreciates staffs hard work on the proposed amendments. He likes to see that the City is willing to compromise to make the situation better for businesses in the community He said supports the amendments, as proposed Commissioner Lambert agreed and said she particularly appreciates staffs attention to making the code requirements more flexible While they must work with the Comprehensive Plan that is currently in place, staff has put a lot of thought into making it flexible to accommodate whatever business might come in. She said she supports the proposed change, as proposed Chair Jose shared correspondence from Commissioner Simpson, who was unable to attend the hearing She recommends adoption of the proposed amendments, as well COMMISSIONER DINKUHN MOVED THAT THE COMMISSION RECOMMEND THE CITY COUNCIL ADOPT THE TEXT AMENDMENTS TO BREMERTON MUNICIPAL CODE TITLE 20 AS DETAILED IN ATTACHMENT I BASED ON THE FINDINGS AND' CONCLUSIONS PRESENTED IN ATTACHMENT IL COMMISSIONER STRUBE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Public Workshop; Provide Feedback for the Selection of a Preferred Alternative of the Gorst Subarea Plan and Planned Action Environmental Impact Statement (EIS) Ms. Daniels introduced Lisa Grueter from Berk Consulting, who was present to help answer questions from the Commission She announced that the draft Gorst Subarea Plan, draft Gorst Creek Watershed Characterization Framework Plan and the associated EIS was released on July le and public comments will be accepted until July 20 She noted that all comments would be considered when the City moves forward with a preferred alternative Ms. Daniels advised that the purpose of the workshop is for the Commission to help identify a preferred land -use alternative to proceed in the planning effort for the Gorst Urban Growth Area (UGA) Subarea Plan. She reminded the Commission that the City of Bremerton is working Jointly with Kitsap County to outline three potential futures for the Gorst Watershed and UGA She noted that the Gorst UGA is currently located in Kitsap County's Jurisdiction, but there is potential for future annexation into the City of Bremerton. Working together to create the subarea plan would allow for a smooth transition if and when annexation occurs Ms. Daniels announced that a public workshop on the draft Gorst Subarea Plan on was held on June 20 Staff has also conducted workshops with both the Kitsap County Planning Commission and the Bremerton Planning Commission. In addition, staff has met on several occasions with the Advisory Committee and other project partners All of the entities will come together to help determine the preferred alternative The Planning Commission's recommendation and guidance will be very valuable in creating the subarea plan for the Gorst UGA. Ms. Daniels reviewed the project objectives as follows • To make Gorst a place where people shop, live and recreate. • To protect the water quality, environmental aspects and habitat while fostering economic development. She noted that Gorst is an endangered species habitat area, and salmon and steelhead run through Gorst Creek. • Identify areas for development and restoration protection based on science • Adopt a land -use plan for Gorst • Implement a long -range capital improvement plan. Bremerton Planning Commission Minutes July 16, 2013 •- Page 5 of 11 Ms. Daniels said the main focus of her presentation is to review the three alternatives the Commission discussed at their last workshop in more detail She encouraged the Commission to provide feedback regarding the pros and cons of each alternative She said she anticipates a public hearing on the preferred alternative before the Planning Commission in October She reminded the Commission that the EIS required the City to evaluate three alternatives She reviewed the alternatives and the public comments that were received for each one. • Alternative 1— A Small lflighway -Oriented Commercial and Industrial Center. Ms. Daniels said this alternative is based on what the City's current code would allow The mine area is identified in the Kitsap County Comprehensive Plan as "Mineral Resources," which would be equivalent to the City's "Industrial" zone. The City is proposing that the properties identified as "Industrial" in the Kitsap County Comprehensive Plan would be changed to "Open Space" in Alternatives 2 and 3, but they would remain as "Industrial" in Alternative 1 The majority of the area is identified as lugh- intensity "Commercial Mixed Use " The County allows for residential along the freeway corridor, and the City of Bremerton does not She also noted where the "Low - Density Residential" properties would be located. Ms. Daniels advised that the majority of those in attendance at the public workshop were not in complete support of Alternative 1 Some individuals lilted the existing Low - Density Residential, likely because that is where their homes are located. They did not like the lugh- intensity Commercial Mixed Use Zone, and they preferred that the Industrial zones be changed to Open Space Overall, the alternative was not supported • Alternative 2 — A Well- Designed Regional Commercial Center. Ms. Daniels explained that the mine area is going to be reclaimed at some point in the firture Regardless of the preferred alternative, the property will remain designated as Mineral Resources until the mining activity is completed The minmg company is required to complete a reclamation plan when the mining use is discontinued Alternative 2 is centered around a commercial center, with residential uses on the outskirts As per Alternative 2, the minin g area would be designated as Medium- Density Residential Low - Density Residential would be located to the west, and the areas surrounding the highways would be identified as Commercial Corridor The Commercial Corridor Zone would allow most commercial uses, excluding industrial uses The majority of the areas that are currently identified as Industrial would be changed to Open Space Ms. Daniels reported that two negative comments were received at the workshop about the proposed Medium - Density Residential Zone There was support for the commercial area to the north, and there was substantial support for designating properties as Open Space They expressed a desire to maintain the waterfront zone, with very little support for commercial uses in the area. They heard from a number of people that they would like lower - intensity development on the properties located along the creek to protect the stream. Ms. Daniels noted that the impacts of Alternative 2 would be greater than the impacts associated with Alternative 1 because it calls for redevelopment of the mine property as Medium - Density Residential. However, the subarea plan will provide smart planning principles and guidance in an effort to reduce the potential impacts Commissioner Lambert asked about the point of leaving the minin g property zoned as Mineral Resources, if the use will discontinue within 10 years. Ms. Daniels explained that if Alternative 1 goes forward for the next 20 years, the mining company would be required to obtain a rezone in order to complete their reclamation plan. Alternatives 2 and 3 would make the mining operation non - conforming with the subarea plan, but the use would be allowed to continue Future reclamation of the site would require compliance with the current code • Alternative 3 — A Complete Community. Ms. Daniels said this alternative moves away from the commercial corridor concept. The minin g area would be designated as Neighborhood Mixed Use, which would allow for medium- density residential and small neighborhood businesses The area designated as Gorst Creek Residential would allow for clusters of residential development such as "cottage homes" in order to protect the creek. To obtain the higher density, a different type of development may be necessary The Gorst Mixed Use area would allow both residential and commercial uses She noted that the area along the waterfront was identified as Low - Intensity Waterfront, which would allow commercial development but with more stringent environmental requirements. The open spaces would be the same as those proposed for Alternative 2 Ms. Daniels said most of the participants at the public workshop agreed that the City should start with Alternative 3 as the preferred alternative, but also include some elements from Alternatives 1 and 2. The citizens indicated support for Bremerton Planning Commission Minutes July 16, 2013 — Page 6 of 11 the waterfront remaining accessible to the community She said regardless of the preferred alternative, Kitsap County is planning a boardwalk in the waterfront area someday Citizens want more protection for the creek and expressed a desire for more residential zoning along the creek. There was a mixed reaction to the proposed Neighborhood Mixed Use Zone, with some expressing their desire that it remain as residential development Chair Jose issued a call to the public to comment on the agenda item. Jack StandfK Chico Creek Task Force, commented that there should be a reclamation permit in place with the Department of Natural Resources for the mine site He asked how much of the property would be reclaimed and restored, and what the process will be He suggested that perhaps some trails through the property could be included Larry Matel, Port Orchard, said he attended the Kutsap Planning Commission's recent meeting, but there was no opportunity for public input. Once again, he applauded the efforts of the City staff and consultants in taking a long -term look at the Gorst area and the future of thus part of Kitsap County and Bremerton proper He said that, in preparation for the meeting, he reviewed the documentation provided on line, winch is voluminous and daunting He suggested the City provide an executive summary for public dissemination to help the citizens understand the important issues From the standpoint of land -use planning and being a planner, himself, the concept of trying to look forward to the highest and best use is a traditional approach to land -use planning, and he fords no fault with the process that has taken place thus far. He said he supports Alternative 3, which would provide a reasonable mix of trying to accommodate existing uses while looking to the future Mr. Matel said that, as a transportation planner, he analyzed the impacts of large redevelopment projects in other parts of the country Making transportation fit and serving the land uses will be a sigmficant factor to consider He noted that they anticipate 77,000 to 80,000 cars per day through the corridor, and realizing redevelopment of the commercial properties will be challenging They must consider the potential conflicts for getting vehicles into and out of the sites even without the future growth in tins part of Kitsap County He said he read with interest a while back that the Washington State Department of Transportation ( WSDOT) is considering some type of transportation planning effort for the area. This will have to happen in order for the Gorst Subarea to be an enticing place for developers to make significant investments in the future He clarified that his comments are not meant to suggest the City should not identify a preferred alternative However, as they move forward with their subarea planning efforts, transportation will be a key factor in making the area viable in the future. Mr. Matel said that at a previous Commission meeting he mentioned the concept of non - motorized connections from the Gorst Subarea to the rest of Kitsap County, including the Cities of Bremerton and Port Orchard, the South Kitsap Industrial Area, etc As the east side of Puget Sound becomes more congested, people will look to move to Kitsap County They have the opportunity to plan now for the complete needs of the community from the standpoint of transportation. While the automobile has been, and most likely will remain, a major method of transporting people in the future, the concept of seriously looking at alternative transportation (pedestrian and bicycle) will be key to helping mitigate some of the impacts He said he read information that indicated they are anticipating an additional 500 to 600 new homes in the Gorst Subarea, which equates, under current transportation planning estimates, to another 5,000 to 6,000 cars per day through the corridor. The highway facility in this area is already maxed out during peak hours, and long, term plans needs to be in place He recommended there be some dialogue established between the City of Bremerton, Kitsap County, the United States Government (Navy), and WSDOT that looks at a forward - thinking, sustainable transportation system in the area. Mr. Matel commented that the Sinclair Trawl should also be an important element of the Gorst Subarea Plan. He said he has worked with trail advocates in the area to try and revive the momentum of the Sinclair Trail charette that was held a few years ago He has also read with interest the things that are happening with the United States Navy and their mabihty to forward the waterside aspect of the trail However, he does not think all is lost The state lughway is still available; and with some creative engmeermg<with WSDOT and its new leadership, there are opportunities that are compatible with the Navy, WSDOT, Kitsap County and the Cities of Bremerton and Port Orchard Providing an opportunity for visitors to make a tour from Bremerton to Port Orchard and then take the ferry home would add a lot of economic vibrancy to the City without bringing in a lot of extra growth. Bremerton Planning Commission Minutes July 16, 2013 — Page 7 of 11 Mr. Standfill thanked the staff for doing a great job of answering the citizens concerns and questions He also thanked the Commission for allowing public input at their workshop meetings He said the Chico Creek Task Force has people ready to build a north/south trail over to Jarstad Park, and it will be called the Pleasant Valley Trail. Mr. Matel said it is also important for pedestrians to have the ability to get from the Charleston area to the Gorst Subarea. Currently, this is both impossible and illegal. In a recent conversation with a State Patrolman, he learned that only bicycles and motorized vehicles are permitted He expressed his belief that WSDOT has a responsibility to the non - motorized segment of the community to make the area safe and passable for pedestrians. Commissioner Strube said he prefers Alternative 3, but he is having a hard time with the concept of adding more people into the Gorst Subarea without having a bypass for the highway. He agreed that the City should work with WSDOT to find a solution. He reminded the Commission that when the area floods, the community is crippled He said he would like the waterfront area to be improved, but he questioned how the proposed Low- Intensity Waterfront Zone would impact the existing development He noted that the Subaru dealership is a successful business in this location. Ms. Daniels answered that neither the proposed Low- Intensity Waterfront Zone nor the proposed Shoreline Master Program would allow for new developments of these kinds to be established The Subaru dealership would become a legal non - conforming use Ms. Grueter commented that the intent of the zone is not to prohibit commercial uses, but to allow them in a different format. However, no decision has been made as to the types of uses that would and would not be allowed She noted that a car sales business requires a lot of impervious surface, and the City is interested in reducing impervious surface in this area The new designation could impact the dealership's ability to redevelop the site Ms. Daniels said the intent of the Low- Density Waterfront Zone is for development to go up versus out to reduce the amount of impervious surface It may be possible for a property owner to negotiate with the City to obtain approval to expand existing development upward in exchange for reducing the amount of impervious surface Commissioner Strube pointed out that many businesses in the waterfront area have struggled, but the Subaru dealership has thrived As much as he would like to see the waterfront area redevelop into less intense uses, he does not want to drive out the sales tax revenues generated by this successful business Ms. Daniels noted that the dealership site is essentially built out, and the property owner would be allowed to maintain and repair the site for as long as the use continues Chair Jose commented that if the Subaru dealership were to do a substantial redevelopment, a number of other codes would apply to severely constrain what they could do The Low- Intensity Waterfront Zone would not add too many additional requirements over and above those that already exist Ms. Daniels concurred. Commissioner Albright asked if other uses currently located in the waterfront area would be allowed to continue if Alternative 3 is the preferred alternative Ms. Daniels said the uses would be allowed to continue, but the non - conforming regulations would apply She said another issue for the Commission to consider is whether or not there should be a specific non- conforming section of the code that is unique to the waterfront area. Chair Jose summarized that the participants at the public workshop indicated a preference for Alternative 3, and this preference was voiced by other citizens, as well: He asked the Commission to provide input on whether they should start their discussions with Alternative 2 or Alternative 3 Commissioner Lambert said she likes Alternative 3, particularly the Low- Intensity Waterfront and Gorst Creek Residential Zones She said she would not have a problem with the former minin g site being either Medium - Density Residential (Alternative 2) or Neighborhood Mixed Use (Alternative 3) Ms. Spencer noted that there was not a lot of public support for the Medium - Density Residential Zone (Alternative 2), but there was significant support for the Neighborhood Mixed Use Zone (Alternative 3) which would provide opportunities for small retail close to home Ms. Grueter said that, while there was general support for the Gorst Mixed Use Zone, there was some discussion that the access and viability of this area to have amenities that residents would want is more limited in the triangular area that is between the two lughways Commissioner Albright asked how many people participated in the community workshop Ms. Daniels answered that there were between 20 and 25 people in attendance, but only 18 signed in. Approximately 12 stayed for the small group discussions at the end Bremerton Planning Commission Minutes July 16, 2013 — Page 8 of 11 Chair Jose shared correspondence from Commissioner Simpson regarding her preferences for the preferred alternatives She recommends Alternative 2, but with the change that the mine area be designated as Neighborhood Mixed Use rather than Medium- Density Residential Commissioner Strube suggested that the area in vicinity to the mine property could be identified as Commercial instead of Gorst Mixed Use Ms. Grueter said the property is accessed from Sherman Heights Road, and most of the properties are considered vacant by the County Assessor Ms. Daniels noted that the property is owned by Lockhart, and it is proposed to be developed as a business center Ms. Greeter noted that this area did not receive much attention at the public workshop Ms. Spencer added that the property owner has submitted an application to Kitsap County to develop the site as a business center Chair Jose referred to the properties that are designated as Gorst Creek Residential in Alternative 3 and Low- Density Residential in Alternative 2 He asked the Commission to share their thoughts and preferences regarding these to designations Commissioner Lambert said she likes the Gorst Creek Residential Zone, as it allows units to be clustered to lessen the environmental impacts associated with redevelopment. She pointed out that the Gorst Creek Residential Zone would likely result in less development and better protection for the waterways that run through the area. Commissioner Dinkahn noted that the Gorst Creek Residential Zone would provide an opportunity for the City and the County to focus more on restoration of the entire area. She expressed her opinion that Alternative 1 is not viable No one behaves the current situation should remain. Therefore, they only have two alternatives to talk about. She wished a third alternative would have included reclamation of the entire area. She asked if the City and/or County would possibly entertain ideas of offering incentives for the existing businesses to encourage them over time to move out of the areas designated in Alternative 3 as Low- Intensity Waterfront, Open Space/Recreational and Gorst Mixed Use These uses could then be replaced with lower- mtensity uses that would better protect the watershed= and waterfront. Ms. Daniels said the Low - Intensity Waterfront Zone would include additional requirements to protect the environment. If an existing use wants to expand beyond what the requirements will allow, the owner would likely look for a new location. In addition, transportation issues may encourage existing uses to relocate Ms. Spencer suggested that rather than writing these types of incentives into a plan, the City and County have an action plan to move the desired concepts forward For example, the County has demonstrated action with recent land acquisition and shoreline reclamation. Commissioner Albright suggested that the bottom -line problem is transportation and traffic Regardless of the types of uses allowed, it is important for people to be able to get around the area. If the car dealerslup is made nonconforming, the use on the site would change if the property is sold. However, the new owner would have the same problems with traffic and access Ms. Spencer said the subarea plan would identify improvements to interior streets and rights -of -way to address traffic issues and improve pedestrian access However, the highways are controlled by WSDOT She noted that WSDOT has invested $500,000 to research and study congestion near the sewer treatment plant, including the Gorst area. Ms. Grueter said the - EIS indicates that a mixed -use pattern with an increase in jobs (not as much as Alternatives 1 and 2) and adding more residential would actually reduce the amount of congestion on the state routes by about 5% Traffic is a problem regardless of the alternative, but Alternative 3 would result in slightly less congestion. Chair, Jose pointed out that residential development would spread trips throughout the day Commercial uses would have a greater impact on traffic during the peak tunes Chair Jose asked staff to address what requirements would be put in place for the Gorst Mixed Use Zone to protect the watershed and stream. Ms. Grueter answered that all of the alternatives would have a requirement to comply with critical area and shoreline regulations For the version of the subarea plan that would come before the Commission in the fall, they are considering incentives to help development back away from the creek. The advantage of the Gorst Mixed Use Zone in Alternative 3 was more to recognize that most of the area is already in residential use, with very little commercial use One commenter suggested either residential only or a reduced intensity pattern be extended through the Gorst Creek Floodplam. A pattern of this type would still allow for a mixture of uses but would result in a smaller footprint The concept might work well as a middle ground between all mixed use and residential. Chair Jose commented that, either way, the mixed -use zone would have sufficient protection for the streams Ms. Grueter answered that it could One of the mitigation measures called out in the EIS is the possibility of extending the Low- Intensity Waterfront Zone to further reinforce protection of the creek beyond just the buffer Bremerton Planning Commission Minutes July 16, 2013 —Page 9 of 11 I Ms. Daniels advised that, earlier in the day, the Kitsap County Planning Commission indicated support for expanding the Low - Intensity Waterfront Zone to include the larger triangular portion of the Gorst Mixed Use Zone that is located west of Highway 3 She asked the Commission to share their thoughts on expanding the Low - Intensity Waterfront Zone to the properties that surround the creek or are located within the floodplam. This would allow the City to apply stricter requirements Commissioner Dinkuhn indicated support for this change. She felt it would be a more responsible approach considering the possibility that the area will continue to flood until changes are made It is also important to keep in mini that sea levels are anticipated to rise, and it would be irresponsible to develop homes and businesses in the areas that might be affected by rising tides In response to staffs request for feedback related to the proposed zoning for the smaller triangular portion of the Gorst Mixed Use Zone that is located south of Highway 3, Chair Jose pointed out that a mixed -use zone can allow both residential and commercial development and allows a developer to determine what is in his/her best interest to develop Zoning the properties as mixed use would allow market demand determine the type of development that takes place He expressed his belief that Gorst Mixed Use is a more appropriate zone for this area. Chair Jose asked if extending the Low - Intensity Waterfront Zone further to the west would create more nonconformity. Ms. Greeter said that, while they have not yet written the use allowances, it is possible to prolubit residential uses on the shoreline side of the highway, but allow both residential and commercial uses on the properties west of Highway 3 to reflect the pattern of current development. Ms. Spencer asked if it would be possible to maintain this area as a Gorst Mixed Use Zone, but with a low- mtensity overlay Ms. Greeter agreed that is another option the Commission could consider Chair Jose asked if a low - intensity overlay would create more nonconformity than a straight mixed -use zone Ms. Daniels pointed out that the majority of the properties along the creek are developed as residential Chair Jose noted that most property owners in this area would likely favor the Gorst Mixed Use Zone; winch would allow for. more development options He emphasized that, regardless of the zoning, rules would be in place to protect the shoreline He questioned if the Commission was in favor of providing more flexibility for property owners while still retaining the protections, or if they to want to ramp up the protections beyond those `proposed in Alternative 3 The majority of the Commission indicated a preference for zoning the triangular property west of Highway 3 Gorst Mixed Use, but with an overlay or some other method of providing additional protection for the creek. Commissioner Dinkuhn agreed that the Gorst Mixed Use Zone would offer more flexibility, but the Commission must also keep in mind the community they want to create If they focus on this area as becoming a green space that people want to live around rather than givmg them more opportunities to live in it, it could be a better place Rather than focusing on the commercial potential, they should focus on creating a reason for people to visit and recreate in the area She noted that the Gorst area has a very negative reputation at this time Development needs to be more aggressively focused on creating a positive environment that people want to live and play in. Vice Chair Tift agreed with Commissioner Dinkuhn. Gorst has not changed for many years, and the Commission should focus on what will make the area attractive to new families Although not within the City's purview, highway improvements will be key to making the area more attractive and desirable Commissioner Dinkuhn pointed out that if the area is developed like it is or without an intense focus on it being more of a green space, it runs the risk of becoming rental property People will not stay in the area a long tune, so they will not be as invested in the community If they focus on developing,the area to become a place of pride, the area will have an entirely different feel and demographic for social economics Vice Chair Tint pointed out that if the South Kitsap Industrial Area (SKIA) develops as per the adopted plan, Gorst would become a much more attractive location for redevelopment, as well That being the case, Alternative 3 has the potential to make the Gorst Subarea a destination. Ms. Daniels -said people who had have lived in Gorst for more than 40 years participated in the community workshop and they take pride in their, community However, she acknowledged that there is room for improvement Chair Jose observed that development is taking place on properties near the Gorst Subarea, and it is anticipated that the mine property will be redeveloped into more than 400 residential homes He expressed his belief that the subarea will naturally become a center and key neighborhood for the City, and this is the City's opportunity to shape what the neighborhood will look like � Bremerton Planning Commission Minutes July 16, 2013 — Page 10 of 11 BUSINESS MEETING Chair Report Chair Jose reported that he continues to be involved in the Gorst Subarea Planning Process as a member of the Advisory Committee, and he attended the June 20 community workshop He invited the Commissioners to share their ideas so he can express them at the Advisory Committee meetings Director Report Ms. Spencer recognized Ms Floyd for her excellent work on the proposed zoning code amendments The amendments were not easy to draft, and she spent a lot of time considering different options for solving the problems She came up with a sophisticated, yet simple, solution for the Commission's consideration that remains true to the Comprehensive Plan but still allows development to occur. She explained that when the zoning code was written, different staff members worked on each of the chapters, winch resulted in a number of inconsistencies The proposal brought forward by Ms Floyd fixed a number of problems with the existing code Ms. Spencer announced that Kitsap and Jefferson Counties have been nominated by Naval Base Kitsap to be a candidate to participate in a joint land -use study funded by the Department of Defense Office of Economic Adjustment The next step is to go forward with an actual application to receive grant fimdmg Under the Growth Management Act, the City and County is required to update its Comprehensive Plan by 2016 The plan must many issues including affordable housing, to transportation, to historic preservation, and others The plan must also ensure that the land use decisions do not impact military operations. It is exciting that the City's Comprehensive Plan update will be supported by grant funding for the joint land -use study She advised that the City Council will take action on the City of Bremerton's participation in the study at their next meeting. Kitsap County will be the lead in submitting the grant application, which is due by August It is anticipated that the study will begin in early 2014 and that the process will include design charettes and community open houses Ms. Spencer announced that Parks and Recreation Department is undertaking a major effort to update the Parks, Recreation and Open Space Plan, and a general public meeting is scheduled for July 23` at the Sheridan Park Community Center starting at 5 30 p.m. The Commissioners are invited to attend and participate in the process. Ms. Spencer reminded the Commission that their August meeting has been cancelled. The next regular meeting will be September 17 Old Business There was no old business to come before the Commission New Business No new business was scheduled on the agenda ADJOURNMENT The meeting was adjourned at 7 12 p m. Respectively Submitted by Andrea L Spencer Greg Jose AICP, Executive Secretary Chair, Planning Commission Bremerton Planning Commission Minutes July 16, 2013 — Page 11 of 11 Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The proposed amendments to Bremerton Municipal Code Title 20 Land Use Chapter, relate to drive - through facilities, front yard setbacks in commercial zoning districts, and SEPA categorical exemption threshold amounts. I. FINDINGS OF FACT 1 Project Description The proposed amendment package includes three sets of amendments to Bremerton Municipal Code Title 20 Land Use Chapter, relating to • Revise various sections of Title 20 — Zoning relating to drive- through facilities a) specifying the commercial zoning districts within the city limits where the facilities are permitted, and b) establishing development and site design standards for the drive - through facilities when allowed. • Revise various sections of Title 20 — Zoning relating to maximum front yard setbacks in commercial zoning districts within the city limits, and allowing for minimal increases in the maximum front yard setback to achieve superior site design and infill development • Adding a new subsection to Title 20 04100 Use of Categorical Exemptions, to increase the City's SEPA categorical exemptions to the highest exemptions allowed by WAC 197- 11 -305 and 197- 11- 8000)(a) 2 Procedural History. 2.1 Planning Commission Workshops January 15, 2013 and April 16, 2013 22 Notice of Public Hearing June 28, 2013 23 SEPA Threshold Determination DNS: June 28, 2013 24 Planning Commission Public Hearing July 16, 2013 3 Public Comment~ 31 At the April 16, 2013 Planning Commission Workshop, public comment was offered by Steve Gyverson, Ralph Erickson, and Carl Zarelli all in favor of more flexibility in the code provisions 32 Written comment received to date. 33 At the July 16, 2013 Planning Commission Public Hearing public testimony was offered by. Larry Matel, and Ralph Ericson in support of the proposal. 4 SEPA Determination A Determination of =Non - Significance was issued on June 28, 2013, with a comment deadline of July 15, 2013, and an appeal deadline of July 29, 2013 5 Consistency. 1 Text amendments to Title 20 shall meet the decision criteria outlined in BMC 2018 020(d) The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to Title 20 if the criteria outlined below are met (1) It is consistent with the goals and policies of the comprehensive plan, Analysis The proposed amendments continue to uphold the objectives and goals of the Comprehensive Plan, and implement the following policies CC1 H Utilize development standards to ensure that land uses or structures that are accessory to a principal use are developed in a manner compatible with the principal structure and the character of the surrounding area. CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure excellence in urban design, and which are compatible with surrounding land uses CC2B Ensure that ►nfull construction and area redevelopment are done in a manner that reinforces the neighborhood's desired and defined character and that architecturally compliments the commercial and residential areas LU3A• Provide development incentives and flexibility within the Zoning Code to encourage desirable design elements with flexibdities within the Zoning Code provisions for all new development and redevelopment EC1C Encourage redevelopment of underutd ► zed land ECSA Expedite the permit and development process (2) It does not conflict with other City, state and federal codes, regulations and ordinances Analysis The proposed amendments do not conflict with any other regulations II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the proposed amendments to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC 20 18 020(d) text amendments, and therefore recommends to the City Council, the adoption of amendments to Title 20 Z Repe Ily sub itt by ea L Sp r, Executive Secretary App ved by reg s hit 2