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HomeMy WebLinkAbout5237 ORDINANCE NO. 5237 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting the Gorst Subarea Plan, amending the Comprehensive Plan by adding the Gorst Subarea Plan, and amending the Zoning Code Section 20 80 080(a) to activate the development standards contained within the plan WHEREAS, the Washington State Growth Management Act authorizes the preparation of subarea plans, and WHEREAS, the City of Bremerton has adopted a comprehensive plan under the provisions of Chapter 36 70A RCW that includes policies for the creation of subarea plans, and WHEREAS, pursuant to RCW 36 70A 130(2)(a)(1), the City may amend the Comprehensive Plan more frequently than once per year under certain circumstances, including the initial adoption of a subarea plan, and WHEREAS, Gorst Urban Growth Area is currently under the jurisdiction of Kitsap County, which the City of Bremerton may annex in the foreseeable future, and WHEREAS, the Countywide Planning Policies encourage point planning for Urban Growth Areas and encourage community participation in the planning process, and WHEREAS, the City has undertaken an extensive public participation process by conducting advisory group meetings, workshops, and public open houses between October 2012 and December 2013 to discuss the Gorst Subarea Plan, gather public input, and guide the development of the Plan, and WHEREAS, the draft Gorst Subarea Plan was made available for public review and comment on June 10, 2013, and WHEREAS, pursuant to RCW 36 70A 106 the Washington State Department of Commerce was provided the 60 -day notification on June 12, 2013 of amendments to the Comprehensive Plan and development regulations as a result of the Subarea Plan submittal and adoption which was assigned a reference number of "Material ID # 19241 ", and WHEREAS, the Planning Commission conducted four workshop to discuss the proposed preferred plan, Subarea Plan and development regulations at its regular meeting on February 19, 2013, June 18, 2013, July 16, 2013, and October 15, 2013, and WHEREAS, a legal advertisement was duly placed in the Kitsap Sun on February 9, 2013 for the February 19, 2013 Planning Commission workshop, June 8, 2013 for the June 18, 2013 Planning Commission workshop, July 6, 2013 for the July 16, 2013 Planning Commission workshop, October 5, 2013 for the October 15, 2013 Planning Commission workshop, and November 9, 2013 for the November 19, 2013 Planning Commission Hearing, notifying the public of the opportunity to provide testimony at the Planning Commission public hearing, and 1 Gorst Subarea Plan WHEREAS, on November 19, 2013 the Planning Commission held a public hearing on the proposed Gorst Subarea Plan and development regulations, considered public comment, and made a recommendation of approval for the City Council's consideration, and WHEREAS, on October 10, 2012 a Determination of Significance and Scope of Work for the Gorst Planned Action Environmental Impact Statement (EIS) notice was issued to comply with the requirements of the State Environmental Policy Act (SEPA), and WHEREAS, on June 10, 2013 a Draft EIS was issued and comments were accepted through July 24, 2013, and WHEREAS, after consideration of public comment a Final EIS was issued on October 10, 2013, and WHEREAS, the Comprehensive Plan amendment to include the Gorst Subarea - Plan meets the decision criteria outlined in BMC 20 10 080(b)(1) through (5) It is consistent with the Growth Management Act, it is consistent with the Comprehensive Plan vision for the site and other goals and policies of the City, the Plan is compatible with the current development patterns, the Plan does not adversely affect the City's ability to provide urban services at the planned level of service, and bears a reasonable relationship to benefittmg the public health, safety and welfare, and WHEREAS, the Zoning Code amendment to activate the development standards contained within the Gorst Subarea Plan meets the decision criteria outlined in BMC 20 18 020 (d), as the Plan is consistent with the Comprehensive Plan and does not conflict with other City, state and federal codes, regulations and ordinances, and WHEREAS, a legal advertisement was placed in the Kitsap Sun on December 5, 2013 notifying the public of the opportunity to provide testimony at the City Council public heanng, and WHEREAS, on December 18, 2013 the City Council conducted a public hearing so that the public had further opportunity to comment on the Subarea Plan and development regulations, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein SECTION 2. The City Council accepts and adopts the Findings and Conclusions of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this reference as if set forth in full herein 2 Gorst Subarea Plan SECTION 3. The Comprehensive Plan is amended by the addition of the Gorst Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this reference as if set forth in full herein SECTION 4. Section 20 80 080 of the Bremerton Municipal Code entitled "Subarea Plans" is hereby amended to read as follows 20.80.080 SUBAREA PLANS. The following are subarea planning areas where subarea plans and unique development regulations may be created for each (a) Bay Vista Subarea Plan (adopted by Ordinance No 5077), (b) East Park Subarea Plan (adopted by Ordinance No 4962), (c) Wheaton - Riddell Subarea Plan (adopted by Ordinance No 5025), (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No 5034), (e) Manette Subarea Plan (adopted by Ordinance No 5082), (f) Harrison Employment Center, (g) Port Blakely Employment Center, (h) SKIA Subarea Plan (adopted by Ordinance No 5188), (i) Gorst Subarea Plan (adopted by Ordinance No bo'm The subarea planning areas listed above having adopted subarea plans are identified with the corresponding adopting ordinance number This ordinance will contain the unique regulations and standards that guide development for that subarea planning area Subsequent amendment to adopted subarea plans need not be identified in this section by the amending ordinance number SECTION 5. Severabih!y If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 6. 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 ��� 1049r' , 2013 �V GREG W ELER, Council President Approved this A� of � �e# d e4 - , 2 13 P TTY LE , or 3 Gorst Subarea Plan ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk RO ERA LUBOVICH, City o PUBLISHED the of �— day of ' b m , 2013 EFFECTIVE the �— da of , 2013 ORDINANCE NO 3 R \Legal \Legal \Ordinances \Community Development \Gorst Subarea Plan Ordinance doc 4 Gorst Subarea Plan Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary — Proposal to include the Gorst Subarea Plan in the Comprehensive Plan and Zoning Code by amendment. The Gorst Creek Watershed Characterization & Framework Plan will be referenced in the Comprehensive Plan as a supporting functional plan. The Zoning Code will add reference in BMC 20.80.080 to activate the Gorst Subarea Plan as development regulations for the Gorst UGA, effective upon annexation. I. FINDINGS OF FACT 1.0 Project Description The City of Bremerton, in partnership with Kitsap County and other state, federal, and tribal agencies, is planning the future of the Gorst Creek Watershed and Gorst UGA based on the ecological values and functions of the Gorst Creek Watershed in southeast Kitsap County. These coordinated efforts are intended to: • Make Gorst a place where people want to live, shop and recreate, • Protect water quality, habitat and fish while fostering economic development, • Identify areas for development, restoration and protection based on science, • Adopt a land use plan for Gorst, and • Implement a long -range capital improvement plan to provide for future utility services, public services and transportation needs. Products of the planning effort include a Gorst Creek Watershed Characterization & Framework Plan for the 6,000 -acre watershed as a whole and a Gorst Subarea Plan for the 335 -acre Gorst UGA The Gorst Planned Action Environmental Impact Statement (EIS) evaluates possible environmental impacts of the plans and alternatives. The City of Bremerton recognizes the unique character of each center by creating subarea plans with goals, policies, and regulations unique to each neighborhood. The Gorst Subarea Plan is a detailed planning document that fits within the framework of the Comprehensive Plan. The Gorst Subarea Plan implements its "Centers" concept. 2.0 Procedural History A public participation process for the Gorst Subarea Plan has been ongoing since the Fall 2012. The Subarea Plan includes documentation of the public participation process (Chapter 3) Three public open houses and a wide range of stakeholder meetings were held over the course of the planning process. Additionally the Plan was presented and discussed at several Planning Commission Workshops in February, June, July and October 2013. Extensive community input is integrated throughout the plan, meeting and exceeding requirements. A summary of meetings, workshops, and open houses held is listed below. 1 of 8 — Planning Commission Findings & Conclusions Exhibit A Project Partner Meetings Gorst Creek Watershed Characterization and planning has benefited from the knowledge and expertise of agencies, organizations and individuals partnering to steer the technical analysis associated with the project, including: United States Environmental Protection Agency Suquamish Tribe Washington State Department of Ecology Washington State Department of Fish and Wildlife City of Bremerton City of Port Orchard lGtsap County Kitsap County Health District Port of Bremerton West Sound Watershed Council Sustainable Bremerton Gorst property owners, Pat and Cheryl Lockhart Project partners have met several times to discuss analysis methods and review technical documents such as the Watershed Characterization Study 2.1 August 16, 2012 2.2 November 15, 2012 2.3 July 19, 2013 Advisory Committee Aeetings An Advisory Committee, composed of representatives from Bremerton Planning Commission, Bremerton City Council, Bremerton Mayor, Kitsap County Planning Commission, Kitsap County Board of County Commissioners, and Suquamish Tribal Council, represents the interests of their respective bodies and convenes at key project milestones to address issues and concerns for Gorst Creek Watershed Plan 2.4 November 15, 2012 2.5 January 16, 2013 2.6 June 13, 2013 2.7 August 7, 2013 City of Bremerton and Suquamish Tribe Meetings 2.8 October 15, 2012 2.9 November 4, 2013 Public Open Houses 2.10 October 29, 2012 2.11 February 12, 2013 2.12 June 20, 2013 Planning Commission 2.13 February 19, 2013 (Preliminary EIS Alternatives) 2.14 June 18, 2013 (Draft Plan and Draft EIS Study Session) 2.15 July 16, 2013 (Preferred Plan Directions) 2.16 October 15, 2013 (Preferred Plan and Final EIS Study Session) 2.17 November 19, 2013 (Public Hearing) 2 of 8 - Planning Commission Findings & Conclusions Exhibit A SEPA Community (Agency) Meeting 2.18 October 15, 2013 Notice Notice for all open houses, workshops and hearings was publicized widely in a range of outlets including advertisement in the Kitsap Sun, City of Bremerton website, www.gorstwatershed.com and direct mailings and email list served by the City and County. Direct mailing to persons with property within the Gorst Subarea was the primary method for notification of public meetings A record of contacts for all persons participating in any of the meetings was maintained 3.0 Public Comment at Public Hearing Numerous individuals, groups, and agencies provided comments at public workshops, community meetings, and via comment cards and letters Comments received were considered and used to develop hearing draft prepared for Planning Commission Review. A general summary of public participation is found in Chapter 3 of the Gorst Subarea Plan. Individuals providing verbal testimony at the Planning Commission Public Hearing are listed below: 3.1 None 4.0 SEPA Determination, Environmental Review, and Agency Notification 4.1 SEPA Adoption of development regulations and amendments to the Comprehensive Plan require evaluation of environment impacts through the State Environmental Policy Act (SEPA) process. The City issued a SEPA Determination of Significance (DS) on the Gorst planning documents on October 10, 2012. The DS requires statutory notice, review and appeal periods, which the City completed. The determination that this proposal is likely to have a significant adverse impact on the environment resulted in the preparation of an environmental impact statement (EIS) as outlined below. 4.2 Environmental Impact Statement (EIS) The Environmental Impact Statement (EIS) for the Gorst Subarea Plan evaluates the probable significant environmental impacts that could occur as a result of development activities within Gorst under a range of EIS Alternatives (with a focus on the Gorst UGA as land use designations were not proposed for change in the watershed as a whole). Direct, indirect and cumulative impacts associated with the range of alternatives were assessed. Impacts associated with the alternatives were analyzed and appropriate mitigation measures to address significant adverse impacts were identified The EIS provides decision - makers with relevant information to evaluate the Proposed Action. The Draft EIS addressed the probable significant adverse environmental impacts of two action alternatives and one no- action 3 of 8 — Planning Commission Findings & Conclusions Exhibit A alternative identified in the planning process, a preferred alternative was addressed in the Final EIS and was within the range of the Draft EIS alternatives The EIS is also intended to fulfill SEPA requirements for Planned Action environmental review. According to SEPA, a "Planned Action" is a designation for a project or elements of a project that shifts environmental review from the time a permit application is made to an earlier phase in the process (WAC 197 -11 -164). The planned action analysis applies to the entire study area and addresses potential impacts and mitigating measures for each of the identified alternatives. Because future site - specific proposals that qualify under the planned action ordinance would not be subject to future SEPA threshold determinations or public comment on environmental impacts, interested individuals and agencies were given the opportunity to provide comment during the public comment periods during the planned action EIS process. The Draft EIS was issued on June 10, 2013 and the Final EIS was issued on October 8, 2013. The Draft EIS and the Final EIS are intended to be used in conjunction with one another 4.3 60-day State Agency Review Amendments to the Comprehensive Plan and development regulations also require a 60 day State Agency Review and Comment Period. The document was forwarded to State agencies, commencing the review period, on June 12, 2013 The 60 -day review period closed on August 12, 2013. State comments were received from the Washington State Department of Transportation on the Draft EIS and were responded to in the Final EIS. 4.4 Planned Action The City prepared a planned action ordinance based on RCW 43.21 C and SEPA Rules. The draft ordinance contains recitals, a purpose section, and findings (Sections 1, 2, and 3) that are incorporated herein A Community Meeting per RCW 43.21 c.440 was held on October 15, 2013. 5.0 Comprehensive Plan Consistency Amendments to the Comprehensive Plan Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met. The proposal is to add the Gorst Subarea Plan to the Bremerton Comprehensive Plans as an amendment, providing more speck and detailed planning for the area. The Gorst Creek Watershed Characterization & Framework Plan will also be adopted within the Ordinance as a supporting "functional" plan to the Comprehensive Plan 5.1 BMC 20.10.080(a) allows amendments to the Comprehensive Plan if there is an obvious technical error. Not applicable to this project. 4 of 8 — Planning Commission Findings & Conclusions Exhibit A 5.2 BMC 20.10 080(b) allows amendments to the Comprehensive Plan if the following cntena have been met 5.2 (1) The amendment is consistent with the Growth Management Act (GMA) This amendment is consistent with the GMA by meeting the criteria of the Comprehensive Plan which was created to achieve the goals of the GMA. The Gorst Subarea Plan addresses one of Bremerton's associated UGAs and helps ensure this area will serve as gateway to Bremerton consistent with the Comprehensive Plan* "At Gorst, where two State highways meet, Port Orchard is behind the traveler and the focus is ahead to Bremerton Gorst is the real entry to Bremerton." The Gorst Subarea Plan also meets City goals to treat associated UGAs with the same growth concept as in the City limits and to facilitate growth consistent with sub -area plans: • LU20B "Associated" UGAs. Promote the association with Bremerton of those UGAs that can be most efficiently served by Bremerton as the primary provider of urban services. • LU20C. UGA -Wide Growth Strategy. Apply the adopted City -wide growth strategy consistently to all of the City UGAs as a basis for more localized planning. • LU313 Pre - qualify key areas and sites for environmental permitting through such devises as sub -area plans and related programmatic EIS's. The Gorst Subarea Plan promotes environmentally sensitive economic development It allows the City to redirect growth from other associated UGAs that lack growth capacity (e g West and East Bremerton) to Gorst Through the various Habitat, Stormwater, and Low - Impact Development (LID) measures outlined in the standards (Chapters 4 and 8), guidelines (Chapter 10), and the EIS, the Subarea Plan meets the Environment goal by striving to enhance the quality of the local environment. Furthermore, through an aggressive public outreach component, which focused on both public involvement as well as involvement of staff at regional jurisdictions and agencies, the Subarea Plan meets the Citizen Participation and Regional Coordination goal of the GMA The GMA encourages the adoption of subarea plans such as the Gorst Subarea Plan, even if they occur outside the annual amendment timeframe per RCW 36.70A.130. The Gorst Creek Watershed Characterization & Framework Plan will also be adopted within the Ordinance as a supporting "functional" plan to the Comprehensive Plan. This plan addresses the Gorst UGA and the City Utility Lands. It supports the Comprehensive Plan designation management of City Utility Lands for forest management, open space, and recreation and includes policies and measurable outcomes to improve the health of the watershed including habitat, stormwater, and other factors. 5 of 8 — Planning Commission Fmdmgs & Conclusions Exhibit A 5.2 (2) The amendment is consistent with the comprehensive plan or other goals or policies of the City The Gorst Subarea Plan includes an amendment to update the Comprehensive Plan Land Use Map for the associated Gorst UGA, from a reflection of County designations to the City's designation of "subarea" applicable upon annexation. The Subarea Plan achieves vision of " Gorst becomes a complete and sustainable community" relying on a mixed use land use pattern, habitat and stormwater standards, reduce impervious footprint standards, and a higher densityrntensity incentive system. The Subarea Plan also includes specific goals and strategies that meet the Bremerton Comprehensive Plan. Specifically, the Subarea Plan encourages environmentally responsible development and economic development, which are goals also found in the Comprehensive Plan. 5.2 (3) if the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment, This amendment supplements and implements the Comprehensive Plan. It is based on the direction of the Comprehensive Plan to develop specific area plans for Centers and to plan for the future annexation of associated UGAs. 5.2 (4) The amendment is compatible with existing or planned land uses and the surrounding development pattem; The Gorst Subarea Plan is compatible with the surrounding development pattern. Development will incorporate stormwater, habitat, and land use best management practices based on the Watershed Characterization Study, and design guidelines will encourage compatible development within the UGA and along the UGA boundary 5.2 (5) The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefiting the public health, safety and welfare The Environmental Impact Statement addresses the City's ability to provide urban services at the planned level of service and considers the potential change in jurisdiction following annexation. Additionally, the Capital Facilities Plan (Chapter 11) is intended to meet GMA requirements for necessary infrastructure at the time of development, and outlines the provision of urban services, including transportation, water, sewer, and stormwater facilities. Planned Action Ordinance mitigation measures will also require analysis and implementation of necessary transportation and other infrastructure improvements. Careful planning and sound fiscal policies will provide the needed facilities that achieve and maintain the City of Bremerton's standards for level of service concurrent with, or prior to, the impacts of development. 6 of 8 — Planning Commission Findings & Conclusions Exhibit A The amendment will benefit the public health, safety and welfare by achieving numerous City goals and policies related to environmental stewardship, while ensuring that development occurs where it is most suited 6.0 Amendment to the Zoning Code An amendment to the Zoning Code, BMC 20.80.080 Master Development, is proposed to accompany adoption of the Gorst Subarea Plan This amendment adds a reference to the Ordinance adopting the Subarea Plan, thereby activating the development standards contained in the Plan as the zoning for the Gorst Subarea effective upon annexation. 20.80.060 SUBAREA PLANS. - - - -- -- - - -- - - - - - - - - -- The following are subarea planning areas where subarea plans and unique ' development regulations may be created for each ! (a) Bay Vista Subarea Plan (adopted by Ordinance No. 5077); (b) East Park Subarea Plan (adopted by Ordinance No. 4962), (c) Wheaton - Riddell Subarea Plan (adopted by Ordinance No 5025); (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No. 5034); (e) Manette Subarea Plan (adopted by Ordinance No. 5082); f (f) Harrison Employment Center; (g) Port Blakely Employment Center, ! (h) SKIA Subarea Plan (adopted by Ordinance No. 5188); ' ,(1) Gorst Subarea Plan, effective upon annexation adopted by Ordinance � ! No. ) ; j The subarea planning areas listed above having adopted subarea plans are Identified with the corresponding adopting ordinance number. This ordinance will Icontain the unique regulations and standards that guide development for that Isubarea planning area Subsequent amendment to adopted subarea plans need ,not be identified in this section by the amending ordinance number. Zoning code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d) The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the zoning code text if the criteria outlined below are met. 6.1(1) 2018.020(d)(2) allows amendments to the Zoning Code if it is consistent with the goals and policies of the Comprehensive Plan See discussion in 5.2 above for consistency with the Comprehensive Plan, and the Subarea Plan. The Gorst Subarea Plan is consistent with the Bremerton Comprehensive Plan. 6.2 (2) 2018.020(d)(2) allows amendments to the Zoning Code if it does not conflict with other City, state and federal codes, regulations and ordinances The Gorst Subarea plan does not conflict with any other regulations 7 of 8 — Planning Commission Fmduigs & Conclusions Exhibit A The Gorst Creek Overlay Standards apply best management practices to the Gorst Creek and are designed to function as an overlay to the Bremerton Shoreline Master Program and Critical Areas regulations. II. CONCLUSIONS and RECOMMENDATION Based on the findings above, the Planning Commission concludes that the Gorst Subarea Plan has met the requirements for 1) amendment to the Comprehensive Plan and 2) text amendments to the zoning code as detailed in BMC 20.80. Therefore the Commission recommends the amendment to the Comprehensive Plan to include the Gorst Subarea Plan and an amendment to the zoning code text in BMC 20.80 to include the Ordinance number of the Gorst Subarea Plan. Further, the Planning Commission supports the adoption of the Gorst Creek Watershed Characterization & Framework Plan as a supporting "functional" plan to the Comprehensive Plan to guide City management of City Utility Lands. Respectfully submitted by: jAv ed by. Brea L S r, AICP Greg Jose, Oh it ecutiv ec tary Planning Commission 8 of 8 — Planning Commission Findings 8t Conclusions EXHIBIT B — Gorst Subarea Plan and Gorst Watershed Characterization and Framework Plan C a n a • &hM As `�,1J KRSM COUNTY ; L 4 �r; KITS0.V COUNTY -lz- CITY Of �REMf.NTON Y �Y CI rY Of ffREM F.RTGN Uolurne �`��` . Gorst Creek Watershed Ga t ubar P! n Characterization � Framework Plan u it ttn D t 0 City Council Hearing - December 2013 I I 1 O 0 O AFFIDAVIT OF PUBLICATION Account #42742 AD #20138194 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers 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 in 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 Dec 20, 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 $37 30 This amount has not been paid in full DAAalk V),940C (Signature of Principal Clerk) Subscribed and sworn to before me this day of December 26, 2013 Public in and for the State of Washington, Kitsap Count 7February A A CAPAS Not Public �' g p y Public ashington ion Expires 04, 2014 ORDINANCE NO 5237 AN ORDIN ANCE of the City Council of the City of Bremerton, Washington, adopting the Gorst Subarea Plan, amending the Comprehensive Plan by adding the Gorst Subarea Plan, and amending the Zoning Code Section 20 80 080(a) to activate the development standards contained within the plan PASSED by the City Council on the 18th day of December, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 December 20, 2013 AD# 20138194