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Home My WebLink About05/17/2017 AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * MAY 17, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. FIRE DEPARTMENT OATH OF OFFICE CEREMONY Postponed... 4. MAYOR'S REPORT 5. POLICE DEPARTMENT BRIEFING 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting May 3, 2017 C. Minutes of Study Session May 10, 2017 D. Confirm Appointment of Dan Nelson to the Design Review Board E. Amendment No. 1 to Forestry Pre-Commercial Thinning Contract No. 2016 with D & D Forestry, LLC F. Ordinance No. 5321 to amend Chapter 15 of the Bremerton Municipal Code (BMC) entitled "Municipal Utilities" 8. PUBLIC HEARINGS A. Public Hearing and Ordinance No. 5319 to amend Chapter 20 of the Bremerton Municipal Code (BMC) entitled "Land Use" B. Public Hearing and Ordinance No. 5320 to approve Annexation of approx. 24.5 acres near Corbet Drive in the West Bremerton Urban Growth Area 9. GENERAL BUSINESS There are no General Business items tonight... 10. COUNCIL MEMBER REPORTS 11. 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 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL SUBJECT:Claims & Check RegisterStudy SessionDate: N/A COUNCIL MEETING Date: May 17, 2017 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1)373446through 37366317291through 17349in the amount of $2,547,472.76. 2)Regular Payroll for the pay period ending April 30, 2017in the amount of $728,450.12. ATTACHMENTS: FISCAL IMPACTS(Include Budgeted Amount): STUDY SESSION AGENDA: No PresentationFull Presentation STUDY SESSION ACTION:Consent AgendaGeneral BusinessPublic Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION:Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL CITYOFBREMERTON А. CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A May 3, 2017 May 17, 2017 COUNCIL MEETING Date: City Council Department: Council President Presenter: (360) 473-5280 Phone: SUMMARY: Attached is the summary of the City Council Meeting on May 3, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 12/15/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 3, 2017 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 3, 2017, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT th C ENTER, 345 6 Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. Council Member Dino Davis arrived at 5:50 PM following his attendance at the Puget Sound Region A C OUNCIL B RIEFING 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 Pat Sullivan followed by the Invocation provided by Fire Chaplain Joseph Tacconelli. FIRE DEPARTMENT OATH OF OFFICE CEREMONY Interim Fire Chief Pat McGanney first introduced new Office Assistant Senior Sarah Tassano. Judge James Docter then performed the Oath of Office for Promotions of Dean Souza to Captain and Tom Stanley to Lieutenant; and for New Hires Dan Baker, Jake Bower, Geoff Burn, Nick Dragovich, Pat French, Craig Griffin, Josh Murphy, and Ben Pocuis. Mayor Lent Read a proclamation to proclaim the Week of May 7 13, 2017 Drinking Water Weekwhich was accepted by Kathleen Cahall, Water Resources Manager, who then & Museum on Wednesday May 10 in celebration of an exhibit celebrating . Also, Sharon Overman, Accounting Assistant II in Public Works was brought forward to display a quilt she handmade -Year Anniversary; Thanked the community for giving so generously during the 2017 Kitsap Great Give!; Read a proclamation to proclaim May 4, 2017 as in recognition of the Benevolent and Protective Order of Bremerton Elks 1181 designating May 1 7, 2017 as Presented an mployee Appreciation Award to Mitchell Irish, Wastewater Treatment Plan Industrial Mechanic for saving the Wastewater Division over $15,000; Encouraged public comment at the Parking Study Open House to be held on Wednesday, May 24 from 6:00 to 8:00 PM in the First Floor Meeting Chambers; Hoped the Community would come out for Bremerton Farmers Market Opening Day on Thursday, May 4 from 4:00 to 7:00 PM at Evergreen Rotary Park; th Announced the 36 Annual Disabilities Legislative Reception on Saturday, May 13 from th Proclaimed May 20, 2017 as the 7 Annual -to- which was accepted by Jeff Elevado on behalf of the National Park Trust; Jeff Elevado brought forward Bremerton Central Lions Club members who presented a $50,000 check to be used by the City to purchase playground equipment for Lions Park; Announced all proceeds from the Blueberry Park Plant Sale on Saturday, May 13 from 9:00 AM to 3:00 PM at Blueberry Park will benefit the Kitsap Master Garden Program; City Council Reg. Mtg. Minutes Wednesday, May 3, 2017 Page 2 of 5 Reservations may be made 9:00 AM to 3:00 PM at Gold Mountain Golf Course by contacting (360) 415-689; Announced the Kitsap Veteran Homelessness Symposium will be on Thursday, May 25 from 8:30 AM to 3:00 PM in the Meeting Chambers; Pleased with revenue received from building permits for the past few months; and Read a proclamation to proclaim the Month of May 2017 as Building Safety Month, which she plans to provide to City Building Inspector Jeannie Vaughn. PUBLIC RECOGNITION Mike Walton Public Relations Coordinator of the YWCA announced activities, events, and programs taking place at the Bremerton Gayle Gillespie was pleased that Lions Park received funding for playground equipment. Maurice Correia asked how the City streets are prioritized for repair. Chal Martin, Public Works & Utility Director explained that this subject is scheduled for discussion at the Public Works Committee, which will meet again on Tuesday, June 6 at 4:30 PM in the Council Conference Room. President Younger added that improving the streets is a goal of the Council; and Council Member Davis https://seeclickfix.com/bremerton to report potholes. CONSENT AGENDA 6A Claims & Check Register: Check Numbers 373264 through 373445, and EFT-17243 through EFT-17290 in the amount of $1,350,725.83; Regular Payroll for the pay period ending April 15, 2017 in the amount of $734,174.27; Regular Payroll (Supplemental) for the pay period ending April 15, 2017 in the amount of $1,105.79; and Retiree Payroll for the pay period ending April 30, 2017 in the amount of $49,379.04 6B Minutes of Meeting April 19, 2017 6C Minutes of Study Session April 26, 2017 6D Confirm Re-Appointments of Deborah Housen and George Willock to the Lodging Tax Advisory Committee 6E Purchase of a 2017 Ford Interceptor from Columbia Ford of Longview, WA for use by the Fire Department 6F Public Works Agreement with Sabelhaus West, Inc. for Rehabilitation and Painting of two (2) Chlorine Contact Chambers Interior Block Walls at the Westside Wastewater Treatment Plant 5G Purchase of a 85 HP Flygt Dry-Pit Submersible Pump from Whitney Equipment Company, Inc. to replace Pump No. 1 at Pump Station OB-1 5H Contract Award to Simpson Sandblasting & Special Coatings, Inc. for Reservoir No. 21 Exterior Coating Replacement Project 6 I Processional Services Agreement with FCS Group to conduct Analytical and Technical Support Services related to Utility Service Contract Negotiations with the US Navy 06:21:18 M/S/C/U (Huddy/Davis) Move to approve the C ONSENT A GENDA as presented. GENERAL BUSINESS 7A PURCHASE OF PLAYGROUND EQUIPMENT FROM LANDSCAPE STRUCTURES, INC. FOR LIONS PARK; AND APPROVE BUDGET ADJUSTMENT: Jeff Elevado, Parks & City Council Reg. Mtg. Minutes Wednesday, May 3, 2017 Page 3 of 5 Recreation Director explained that the Parks & Recreation Department was approached by the Bremerton Central Lions Club with a proposal to improve the play value at the Lions Park main th playground as their Legacy Project recognizing the 100 Anniversary of Lions International. Staff developed options and presented alternatives to the Lions Club and Bremerton Parks & Recreation Commission for review. A custom net climber was selected and the Bremerton Central Lions Charitable Foundation has committed $48,000 to fund the purchase and installation of the proposed equipment. The existing zip-line located at the Lions Park playground failed in 2015. Inspection of the wooden poles supporting the zip-line cable indicated dry rot. Repair of the existing poles and cable are not --line. Significant savings can be realized by ordering both the Lions Legacy equipment and the zip-line equipment together. Equipment pricing has been competitively solicited and publicly awarded through the National IPA cooperative contract. Total Equipment Cost is $59,586.59 including WA State Sales Tax. 06:28:45 Motion was made by Sullivan and seconded by Daugs Sullivan, Wheeler, and Huddy; Questions were asked by Daugs and Wheeler, with responses provided by Mr. Elevado 06:36:30 M/S/C/U (Sullivan/Daugs) Move to approve the purchase of playground equipment from Landscape Structures, Inc. for Lions Park in the amount of $59,586.59 including Washington State sales tax; authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and increase the 2017 Parks Capital Construction fund revenue and expenditure budget by $75,000 respectively. 7B AUTHORIZE CLOSURE OF ONE-HALF BLOCK OF PARK AVENUE FOR THE BURWELL PEDESTRIAN TUNNEL IMPROVEMENT PROJECT: Tom Knuckey, City Engineer used a PowerPoint to summarized that the contractor constructing the Burwell Tunnel Improvements (Rore, Inc.) requests that Park Avenue be closed from Burwell Street approximately 110-ft to the north, generally to the end of the adjacent Navy property in order to complete the tunnel construction. The closure would be 24-hours a day starting immediately, and continuing through the end of September. Mr. Knuckey emphasized that the proposed closure will not impede lot, and the sidewalk on the east side of Park Avenue will remain open. Staff have reviewed the proposed road and sidewalk closure plan and support the requested closure. RCW 47.48.010 requires the governing body of the City to authorize this closure. Comments and questions were provided by Chuck Henderson and Lyle Gordon Responses were provided by Mr. Knuckey Navy Lt. Commander Matt Lenzer and David Loux of Rore, Inc. were also available to answer any questions 06:58:25 Motion was made by Davis and seconded by Sullivanand questions were provided by Davis, Daugs, Wheeler, Sullivan, Huddy, McDonald, and Younger; with responses provided by Mr. Knuckey President Younger added that Council reserves the right to bring this 07:18:15 M/S/C (Davis/Sullivan) Move to approve a one-half block closure of Park Avenue, from Burwell Street generally to the north end of the adjacent Navy property to facilitate construction of the Burwell Pedestrian Tunnel Improvement Project. Voted in favor of Motion: McDonald, Davis, Huddy, Sullivan, Daugs, Younger Voted opposed to Motion: Wheeler Motion carried: 6-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, May 3, 2017 Page 4 of 5 COUNCIL MEMBER REPORTS Pat Sullivan encouraged volunteers to participate in the next Lions Park Work Party on Saturday, May 13 from 10:00 AM to 12:00 PM. Leslie Daugs congratulated the Fire Department for their newly promoted and hired Fire Fighters; will be participating in the Habitat for Humanity Saturday, May 6; cautioned drivers to be extra careful when the warmer weather brings out more pedestrians; looked forward to Opening Day of the Farmers Market tomorrow; and will be attending a Community Forum hosted by the Bremerton School District on Thursday, May 11. Jerry McDonald also looked forward to the Opening Day Ceremony for the Bremerton Farmers Market on Thursday, May 4 at 4:00 PM; shared the schedule of events for the Armed Forces Day Festival on Saturday, May 20, which includes the Bremerton Central Lions Pancake Breakfast from 7:00 to 10:00 AM, the Armed Forces Day Parade beginning at 10:00 AM, the Puget Sound Energy Heroes BBQ from 11:00 AM to 1:00 PM, and the Navy League Gala from 6:00 to 9:00 PM. He also looked forward the Bridge Blast fireworks display on July 1 off the Manette Bridge. Greg Wheeler reiterated information on the Farmers Market Opening Day; and thanked the Bremerton Central Lions Club for their wonderful gesture tonight - providing funding for much needed playground equipment for younger children at Lions Park. Dino Davis after several small earthquakes that happened just outside of the City limits earlier today, he reminded everyone to please have an eme Richard Huddy reported on his attendance at several local events including the YWCA Women of Achievement Dinner; the performance of the International Military Band Concert; Annual RSVP Volunteer Recognition Luncheon. He also thanked Tom Cressman and his crews for the beautiful petunias under their care and looked forward to the spring flower baskets that will be displayed by May 10 in downtown Bremerton and on Callow Avenue. President Younger announced a 20-minute , with n With no further business, President Younger adjourned the Council Meeting at 7:50 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant City Council Reg. Mtg. Minutes Wednesday, May 3, 2017 Page 5 of 5 th APPROVED by the City Council on the 17 day of May, 2017. ________________________________________ ERIC YOUNGER, City Council President ATTEST: ________________________________________ SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITYOFBREMERTON А/ CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A May 10, 2017 May 17, 2017 COUNCIL MEETING Date: City Council Department: Council President Presenter: (360) 473-5280 Phone: SUMMARY: Attached is the summary of the City Council Study Session on May 10, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 12/15/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 10, 2017 A Study Session of the City Council of the City of Bremerton was called to order in the Council th Conference Room of the N ORM D ICKS G OVERNMENT C ENTER, 345 6 Street, Bremerton, Washington, Wednesday, May 10, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger 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 May 17, 2017 Council Meeting Agenda or as indicated. A. INFORMATION BRIEFING st 1. Brian McConaughy, BMcConsulting B. NO PRESENTATION PLANNED The following items are budgeted items or subjects that 2. Confirm Appointment of Dan Nelson to the Design Review Board Consent Agenda 3. Amendment No. 1 to Forestry Pre-Commercial Thinning Contract No. 2016 with D & D Forestry, LLC Consent Agenda C. BRIEFINGS & FULL PRESENTATIONS 1. Confirmation of 2018 Community Development Block Grant (CDBG) Funding Priorities; Sarah Achaoui, CDBG Program Administrator Information Only 2. Proposed Public Hearing and Ordinance to amend Chapter 20 of the Bremerton Public Hearing 3. Proposed Public Hearing and Ordinance to approve Annexation of approx. 24.5 acres near Corbet Drive in the West Bremerton Urban Growth Area Public Hearing 4. Ordinance to amend Chapter 15 of the Bremerton Municipal Code (BMC) entitled Consent Agenda D. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (5/02/17 Meeting) Chair Dino Davis o Public Safety & Parks Committee Briefing (5/10/17 Meeting) Chair Leslie Daugs o Other General Council Business was briefly discussed. With no further business, President Younger adjourned the Council Study Session at 8:43 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Assistant City Council Study Session Minutes Wednesday, May 10, 2017 Page 2 of 2 th APPROVED by the City Council on the 17 day of May, 2017. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 7D CITY COUNCIL SUBJECT: Confirm Appointment of Dan Study Session Date: May 10, 2017 Nelson to the Design Review Board COUNCIL MEETING Date: May 17, 2017 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Design Review Board for Position 1, due to a resignation. It is recommended that Dan Nelson, a building inspector for the City of Seattle and eight year resident of the City of Bremerton, be appointed to fill the vacancy and complete the term which expires December 31, 2019. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Dan Nelson to the Design Review Board for the term expiring December 31, 2019. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON 7E CITY COUNCIL SUBJECT:Amendment No. 1 to Forestry Study SessionDate: May 10, 2017 Pre-Commercial ThinningContractNo. 2016 COUNCIL MEETING Date: May 17, 2017 with D&D Forestry, LLC Department: PW&U/Forestry Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY:In December 2016 D&D Forestry, LLC was awarded the contract for pre-commercial thinning (PCT), in the Bremerton watershed. Initially we had included 269.5 acres to be thinned, but after some consideration we pulled 43.5 acres as we had some questions on how viable the thinning would be on units 13 A-G.Staff returned to these units to conduct a survey of the trees and found that it would be a viable option to include these units for thinning. The original contract amount was for PCT on 226 acres at a cost of $23,504.00. With the addition of the remaining 43.5 acres at a total cost of $4,524.00, it increases the total contact amount to $28,028.00, which requires City Council authorization. ATTACHMENTS:1) AmendmentNo. 1; 2)PCT ContractNo. 2016 FISCAL IMPACTS(Include Budgeted Amount): This is budgeted through the Forestry O&M budget of $300,000. 534.5334.54830 STUDY SESSION AGENDA: No PresentationFull Presentation STUDY SESSION ACTION:Consent AgendaGeneral BusinessPublic Hearing RECOMMENDED MOTION: Move to approve the Contract Amendment No. 1 of the Pre-Commercial ThinningContract No. 2016 with D&D Forestry, LLC for43.5 additional acres at a cost of $4,524.00, and authorize the Mayor to finalize and execute the amendmentwith substantially the same terms and conditions as presented. COUNCIL ACTION:Approve Deny Table Continue No Action Form Updated 01/07/15 CONTRACT AMENDMENT NO. 1 TO PRE-COMMERCIAL THINNING CONTRACT NUMBER 2016 This is the first amendment to the Pre-Commercial Thinning Contract Number 2016 (the "Contract") entered into between the City of Bremerton and D&D Forestry LLC on January 10, 2017. Whereas, the City and Contractor entered a contract whereby the Contractor would perform a pre-commercial thinning on 226 selected acres at a cost of $104.00 per acre; and Whereas, additional thinning work has been identified beyond that required under the original contract, and additional compensation to the Contractor is required to accomplish the work; Whereas, the City and the Contractor wish to amend the Contract under Section III-A to include the additional acreage and compensation, with all other conditions and specifications of the original Contract remaining the same. NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the Contract is hereby amended as follows: Section III-A is amended to add 43.5 acres to the original acreage and $4,504 to the original contract price. The original acreage was 226 and the original contract price was $23,504. This document will become a supplement of the Contract and all provisions will apply hereto. All other terms of the Contract not specifically amended herein shall remain in full force and effect. It is understood that this Contract Amendment shall be effective when approved by the City of Bremerton. THINNING CONTRACT AMENDMENT 1 Page 1 IN WITNESS WHEREOF, the parties have executed this Contract Amendment on the day and year indicated below. D&D FORESTRY LLC By Its DATE: THE CITY OF BREMERTON By Patty Lent Its Mayor DATE: APPROVED AS TO FORM: Bremerton City Attorney ATTEST: City Clerk THINNING CONTRACT AMENDMENT 1 Page 2 AGENDA BILL CITY OF BREMERTON 7F CITY COUNCIL SUBJECT: Ordinance No. 5321 to amend Study Session Date: May 10, 2017 Chapter 15 of the Bremerton Municipal Code COUNCIL MEETING Date: May 17, 2017 entitled Municipal Utilities Department: PWU Presenter: W.Hamilton/P.Coxon Phone: (360) 473-5758 SUMMARY: The Department of Public Works and Utilities has reviewed, revised and made the following amendments to the existing Title 15 of the Bremerton Municipal Code (BMC): o Section 15.01.020 corrected definitions to the sewer strength o Section 15.02.130 updated cross connection control and inspection o Section 15.03.100 made revisions to wastewater which adds the yearly waste strength review o Section 15.06.015 revised assessments, rates, fees and charges which details the requirements for GFC deferrals o Section 15.07.020 allow for a credit to be given when it benefits the utility ATTACHMENTS: Ordinance No. 5321 FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5321 to amend Chapter 15 of the Bremerton Municipal Code entitled Municipal Utilities. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 ORDINANCE NO. 5321 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 15 of the Bremerton Municipal Utilities by amending sections of Chapter 15.01 entitled General Provisions Chapter 15.02 W Chapter 15.03 Wastewater, , and Chapter 15.07 entitled WHEREAS, the City Council desires to update sections of Chapter 15.01, Chapter 15.02, Chapter 15.03, Chapter 15.06, and Chapter 15.07 relating to definitions and to make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01.020 of the Bremerton Municipal Code entitled Definitions is hereby amended to read as follows: 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) Definitions "A": "Active account" shall mean an account that has current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service location has registered consumption. "AKART" shall mean all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520. "As-graded" shall mean the extent of surface conditions on completion of grading. "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. (b) Definitions "B": "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or backflow. "Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used 1 Title 15 BMC Updates 2017 singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. "BOD (biochemical oxygen demand)" means an indirect measure of the concentration of biologically degradable materials present in organic wastes. The amount of free oxygen utilized by aerobic organisms when allowed to attack the organic material in an aerobically maintained environment at a specified temperature (20°C) for a specific time period (5 days), and thus stated as BOD5. It is expressed in milligrams of oxygen utilized per liter of liquid waste volume (mg/l) or in milligrams of oxygen per kilogram of waste solution (mg/kg = ppm = parts per million parts). Also called biological oxygen demand. "Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. (c) Definitions "C": "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of- way, debt service, and other costs associated with such improvements. "City" means City of Bremerton. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the written approval of the City of Bremerton building inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L. "Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/L. "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400) mg/L. The commercial III user shall have some form of pretreatment in place to reduce the discharge strength. The user must have an appropriately sized, properly installed, regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. "Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L. "Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred 400) mg/L. 2 Title 15 BMC Updates 2017 "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/L. "Commercial IV" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from six hundred one (601) to eight hundred (800) mg/L. dential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from eight hundred one (801) to one thousand (1000) mg/L. discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand one (1001) to one thousand two hundred (1200) mg/L. discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand two hundred and one (1201) to one thousand eight hundred (1800) mg/L. shall mean an account that discharges conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes three (3) times during any thirty (30) day period. The account will be billed the Commercial Special rate as published in the City of Bremerton utility rates and fee schedule. "Commercial agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has laid idle for more than five (5) years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance or irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type and the number of residential units. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds one thousand eight hundred (1800) six hundred one (601) mg/L and /or has a conductivity discharge greater than (>) 6.0 mS/cm.. These users will be charged for wastewater services on the basis of their specific conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. "Condominium (condo)" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. water quality. Conductivity data can determine concentration of solutions, detect contaminants and determine the purity of water. A conductivity sensor measures conductivity by AC voltage applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid), where the current flows through the electrodes and the sample. Current level has a direct relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens 3 Title 15 BMC Updates 2017 (S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized measurements are expressed in specific conductivity units (S/cm) to compensate for variations in electrode dimensions. Conductivity measurements, along with temperature, also allow for Salinity values to be calculated through algorithms. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby the City water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. (d) Definitions "D": "Deactivated meters" shall mean utility accounts where the customer requests the water meter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater until the meter is reactivated. "Degradation" shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Development" shall mean any new development and/or redevelopment activity that requires federal, state, or local approval for the use or modification of land or its resources. These activities include, but are not limited to, subdivision and short subdivisions; binding site 4 Title 15 BMC Updates 2017 plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. "Development area" shall mean an area where the movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography occurs "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this code. "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one parcel. (e) Definitions "E": "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. "Ecology" shall mean the Washington State Department of Ecology. "Emergency" shall mean a situation demanding immediate action with threat to life, property or environment. "Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. "Engineering Design and Construction Standards" shall Standards for Work in Rights-of-Way. "Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single-family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. "Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this title, "existing site conditions" shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, "existing site conditions" shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; For all sites in water quality sensitive areas, "existing site conditions" shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or 5 Title 15 BMC Updates 2017 For all undeveloped sites outside of water quality sensitive areas, "existing site conditions" shall mean the existing conditions on the site. "Expanded service" shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. (f) Definitions "F": "Facility" means any food processing establishment, food sales establishment, or food service establishment. "Fats, oils and greases" means organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Commonly referred to as "polar." "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. "Food" means any raw, cooked, or processed edible substance, ice, or ingredient used or intended for use or sale in whole or in part for consumption. "Food processing establishment (FPE)" means a commercial establishment in which food is manufactured or packaged for consumption. "Food sales establishment (FSE)" means retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises. "Food service establishments (FSE)" means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or are required to have a food business permit issued by Kitsap County Department of Health. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called. "Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. "Fourplex" shall mean a residential unit containing four (4) separate dwelling units with any configuration or four (4) dwelling units located on one (1) parcel. (g) Definitions "G": "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or 6 Title 15 BMC Updates 2017 other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. "Geotechnical engineer" shall mean a professional engineer currently registered in the State of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. "Grease" means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food. "Grease interceptor" means an interceptor of at least seven hundred fifty (750) gallon capacity whose rated flow exceeds fifty (50) gallons per minute (gpm) to serve one (1) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("gray water") to discharge to the wastewater collection system by gravity. "Grease removal unit" means a device designed to separate fats, oils, and grease from liquid waste prior to the wastewater entering the wastewater system. "Grease trap" means a device located inside a food service facility designed to retain grease from one (1) to a maximum of four (4) fixtures whose rated flow is fifty (50) gallons per minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means. "Grinder pump" shall mean a system that takes liquid wastes from a home/business and -of-way. The grinder pump system includes a pump, pump basin, piping, and electrical controls. "Ground cover" shall mean a dense covering of small plants and grasses with a trunk or stem size less than four (4) inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. "Grubbing" shall mean the act of removing vegetation by the roots. (h) Definitions "H": "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health Officer" shall mean the Kitsap Health District Health Officer or designee. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. "Hyperchlorinated" means water that contains more than ten (10) mg/L chlorine. (i) Definitions "I": "Illicit connection" means any manmade conveyance that is connected to the stormwater system without a permit, excluding roof drains and other similar type connections. Examples 7 Title 15 BMC Updates 2017 include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. storm drain system, except as expressly exempted by this chapter. "Impervious/hard surface unit (IHSU) (ISU)" shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow" or "improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. "Inactive account" shall mean an account that has no current usage, billing or payment activity. "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a removed for non-usage. Industrial User. (See "Commercial special.") "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Infiltration (Stormwater)" shall mean the downward movement of water from the surface to the subsoil. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. (j) Reserved. (k) Reserved. (l) Definitions "L": "Lakes" shall mean natural or artificial bodies of water of two (2) or more acres and/or where the deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. "Land development permit" shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer constructed within a public right-of-way between the standard gravity sanitary sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. "Low impact development (LID)" shall mean stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural 8 Title 15 BMC Updates 2017 features, site planning, and distributed stormwater management practices that are integrated into a project design. (m) Definitions "M": "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Minimum design capability" means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to wastewater system. "Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are: (1) Owned or operated by the City of Bremerton; (2) Designed or used for collecting or conveying stormwater; and (3) Not part of a publicly owned treatment works (POTW) and not a combined sewer. (n) Definitions "N": protection of native vegetation within a sensitive area or its associated buffer. The NGPE shall be recorded on the appropriate documents of title and filed with the Kitsap County Assessors Office. "Natural location" shall mean the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist. "New development" shall mean land disturbing activities, including Class IV -general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. "Nonpolar (mineral origin)" means any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fat, oil or grease as measured using analytical procedures established in 40 CFR Part 136. "Nonstormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater. "Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit. (o) Definitions "O": "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. 9 Title 15 BMC Updates 2017 "Open space" shall mean land set aside for public or private use within a development that is not built upon. "Operation and maintenance costs (O&M costs)" shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. "Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and enters a surface receiving water body or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). (p) Definitions "P": "Parcel" shall mean a distinct tract, section, or plot of a piece of land, usually a division of a larger area. "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc. "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids. "Permeable pavement" shall mean pervious concrete, porous asphalt, permeable pavers, gravel pave, or other forms of structural pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Permit" shall mean a written legal authorization to conduct an action. "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as "Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Polar (animal and vegetable origin)" means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards 10 Title 15 BMC Updates 2017 (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule (Federal Register, Vol. 57, No. 246, Dec. 22, 1992, pages 60848-60923). -shall mean any physical, chemical or bio-logical process to remove, neutralize or modify one or more constituents of a waste stream prior to discharge into the public sewers. Pre-treatment may be required to prevent deposition or adherence of substance within the public sewers; to eliminate hazardous exposures of maintenance crews or the public to toxic, noxious or flammable substances; to prevent cumulative or shook loadings that might interfere with the normal performance of treatment processes; to remove substances that are present in sufficient concentration to interfere with the advantageous use of treated sewage sludge as an agricultural fertilizer or soil amendment. "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. "Public utilities construction agreement (PUCA)" shall mean an agreement between the proposed development. "Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. (q) Reserved. (r) Definitions "R": another land use, or addition of a material improvement to an existing development. "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. Rendering/Disposal Company. Any facility that has a grease interceptor shall utilize a licensed rendering and disposal company. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. "Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. (s) Definitions "S": "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called 11 Title 15 BMC Updates 2017 sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport, or dispose of wastewater. "Sedimentation" shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degree slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater Manual" shall mean the manuals adopted in Chapter 15.04.020 BMC. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. "Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. "SWMMWW" shall mean the current version of the Washington State Department of 12 Title 15 BMC Updates 2017 (t) Definitions "T": "Total suspended solids (TSS)" shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering using the current accepted Standard Analytical Laboratory Methods Manual. "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "Triplex" shall mean a multifamily residential unit containing three (3) separate dwelling units with any configuration or three (3) dwelling units located on one (1) parcel. (u) Definitions "U": "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. "Uniform Plumbing Code (UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. "Utility service agreement (USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility. "Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location, other associated rates, fees and charges (v) Reserved. Strengthshall mean any wastewater discharge that exceeds the strength limits of the Commercial I through VII class as defined in Section 15.01.020 above, or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w) Definitions "W": "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including biosolid utilization. "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe. 13 Title 15 BMC Updates 2017 "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. SECTION 2. Section 15.02.130 of the Bremerton Municipal Code entitled Backflow/Cross- is hereby amended to read as follows: 15.02.130 BACKFLOW/CROSS-CONNECTION CONTROL AND INSPECTION. Service from the water system may be contingent upon the installation of an approved backflow prevention device for the protection of the water system from backflow. The Department shall require the testing and inspection of all cross-connection control devices within its system to prevent contamination of the City water system. The Department shall annually notify all property owners of this requirement. It shall be the responsibility of the property owner to provide for testing and inspection by a Washington State certified backflow assembly tester and to submit to the Department a written backflow assembly test report form of satisfactory completion of the testing and inspection within thirty (30) days of being notified. In the event the Department does not receive a satisfactory test report within thirty (30) days, the Department will contact a certified tester to test the assembly, and the cost of the test be assessed additional charges to their bill to cover costs for time, expenses and other related costs incurred by the City if reasonable access is not granted to the tester to test the assembly. The Department shall inspect cross-connection control devices, subject to a service fee. Any cross-connection, without the appropriate control device, now in existence or hereafter discovered or installed, shall be declared a prohibited act and shall be enforced accordingly. The control or elimination of cross-connections shall be in accordance with WAC 246-290-490. Water service shall be discontinued to any premises for failure to comply with the provisions of this portion of the code. Service from the water system may be contingent upon the installation of an approved backflow prevention assembly for the protection of the water system from actual or potential cross connections. The Department shall require annual testing and inspection of all backflow assemblies within its system to ensure proper function of assemblies and the level of protection is commensurate with the degree of actual or potential hazard to the water system. The Department shall notify property owners in writing 30 days prior to the due date of their annual test/inspection. It shall be the responsibility of the property owner to provide the Department a satisfactory test/inspection report completed by a Washington State certified backflow assembly tester within 30 days of written notification. In the event the Department does not receive a satisfactory test report within 30 days of written notification, the Department will contact a certified tester to test the assembly, and the 14 Title 15 BMC Updates 2017 next utility bill. The customer may be assessed additional charges to their bill to cover costs for time, expenses, and other related costs incurred by the Department if reasonable access is not granted to the tester to test the assembly. The Department shall inspect backflow assemblies for proper installation and protection commensurate with the degree of hazard, subject to a service fee. Any actual or potential cross connection, without the appropriate backflow protection, now in existence or hereafter discovered or created, shall be declared a prohibited act and shall be enforced accordingly. The elimination or protection from an actual or potential cross connection shall be in accordance with WAC 246-290-490. Water service shall be discontinued to any property for failure to comply with the provisions of this portion of the code. SECTION 3. Section 15.03.100 of the Bremerton Municipal Code entitled is hereby amended to read as follows: 15.03.100 WASTEWATER SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense a manhole in the side sewer to facilitate observation, sampling, and measurement of the wastewater strength and flow. The manhole shall be located as approved by the Department and constructed in accordance with the Engineering Design and Construction Standards. Once each year, the Wastewater Manager shall assign a typical waste strength to each Commercial I through VII class as defined in Section 15.01.020 above, except for a Verified S, for purposes of determining user charges. Users in the Verified Strength class will have their strength determined by direct periodic composite sampling and analysis. Composite samples shall be collected and analyzed at the To be eligible to be charged as a Verified Strength user, the owner must have the discharge(s) to the wastewater system structured in such a way that sampling of the discharge(s) can be reasonably achieved without contamination or dilution by other discharges. If special provisions are required to achieve discharge sampling, such provisions shall be made at the SECTION 4. Section 15.03.110 of the Bremerton Municipal Code entitled is hereby amended to read as follows: 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the biochemical oxygen demand (BOD) or total suspended solids (TSS) of the sewage, industrial waste, or wastewater exceeds two hundred (200) parts per million (1,000,000) by weight, exceeds local limits, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. High Saltwater discharges can cause corrosion, exacerbate odor problems in the treatment plant, for other uses. Such preliminary treatment facilities shall be approved by the Department and constructed, operate 15 Title 15 BMC Updates 2017 The daily maximum pollutants allowed into the wastewater system from any service shall not exceed the following limits: Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (total) 1.0 mg/L Chromium (hexavalent) 0.25 mg/L Conductivity 6.00 mS/cm Copper (total) 0.75 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide (total) 0.64 mg/L Cyanide (free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH-G 1.00 mg/L TPH-D 1.00 mg/L pH 6.0 - 10.0 Any commercial user that exceeds any of the above limits shall have an appropriately sized, properly installed, regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. For the purpose of conductivity, exceeding the limit of 6.0 mS/cm shall mean, continuous average equal to or exceeds 6.0 mS/cm for any thirty (30) day period. Failure to comply with the installation of the required treatment device within ninety (90) days of notification shall be cause of the discontinuance of the water service to the premise. SECTION 5. Section 15.063.015 of the Bremerton Municipal Code entitled Assessments, Rates, Fees And Charges Established is hereby amended to read as follows: 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. (a) Assessments, rates, fees, and charges for services relating to the Department for water, wastewater, stormwater utilities, and other related services are on file with the City Clerk 3.01 BMC for the link to the City of (b) Commencing on January 1, 2018, and on January 1st of each successive year thereafter, the established utility rates, fees and charges identified in Chapter 3.01 of the 16 Title 15 BMC Updates 2017 Bremerton Municipal Code, not otherwise adjusted by the City Council during the previous six (6) month period, shall automatically be adjusted as follows: (1) The utility GFCs shall be adjusted upward to the nearest dollar based upon the most current Seattle Construction Index (SCI), and (2) All other utility rates, fees and charges shall be adjusted upward to the nearest dollar based on the most current Consumer Price Index for all Urban Consumers, Seattle. SECTION 6. Section 15.06.020 of the Bremerton Municipal Code entitled is hereby amended to read as follows: 15.06.020 ASSESSMENTSSERVICE CONNECTION AND EXPANSION FEES AND CHARGES. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing connections (including surface area impact for stormwater) within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the GFC for existing use. (2) Commencing on January 1, 2018, and on January 1st of each successive year thereafter, the rates, fees and charges established in Chapter 3.01 of the Bremerton Municipal Code, not otherwise adjusted by the City Council during the previous six (6) month period, shall automatically be adjusted as follows: i. The utility GFCs shall be adjusted based upon the most current Seattle Construction Index (SCI), and ii. All other utility rates, fees and charges shall be adjusted based on the most current Consumer Price Index for all Urban Consumers, Seattle.The utility GFCs shall be adjusted annually as set forth in Subsection 15.06.015 above in addition to any other adjustments that may be made by the City Council. (3) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactivate the services. (4) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (5) Parcels that have had their facilities removed and new facilities constructed will not have to pay additional GFCs, unless the meter size is increased. (6) Change of meter size for the parcel and/or facility which is a reduction in GFCs will not be refunded or credited. (7) Change of meter size for the parcel and/or facility which is an increase of GFCs will require the customer to pay for the additional GFCs before work is performed. (8) The calculation of the GFC for stormwater shall be based on the total number of IHSUs added to the parcels. (9) The calculation of the GFC for water shall be based on the meter size to be installed for a new or expanded water service. 17 Title 15 BMC Updates 2017 (10) The calculation of the GFC for wastewater shall be based on the meter size to be installed for the new or expanded water service. (11) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen (15) percent or greater increase above the permitted volume or character of the wastewater constituents being discharged. (12) The calculation of GFCs for stormwater shall be based on the number of impervious hard surface units (IHSUs) as defined in BMC 15.01.020. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. (13) All GFCs shall be assessed and paid at the time of execution of the utility service agreement and prior to occupancy of the new or expanded parcel and/or facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. A deferral of GFC fees for new building construction only may be approved by the Director at his or her discretion through a written agreement with the customer. For those recorded on the property. The agreement shall require that all deferred GFCs and related fees and costs shall be paid prior to final inspection approval of the permit. In consideration for the deferral, the customer shall pay the current GFC in effect at the time of payment, as set forth in Subsection 15.06.015 above, as well as any outstanding recording fees and other fees and costs related to the deferral agreement. which includes any interest on the outstanding fees. (b) Administrative Rate Adjustment. The Director is hereby authorized to make adjustments to the GFCs provided in this chapter and set forth in Chapter 3.01 BMC by increasing or decreasing the amount up to fifty percent (50%) above or below the set charges in accordance with the following provisions: (1) Review. Upon written application to the Director, an applicant may request review of an assessed GFC as applied to the specific developed property for which the charge has been calculated. If the applicant disa applicant may request an additional review by submitting additional information along with a two hundred dollar ($200.00) review processing fee. The additional information shall include an analysis from a qualified engineer that is stamped and signed, specifying the reasons why the information demonstrating: i. That the impact of the proposed growth-related system costs of the deve-related system costs of other similar developments; and ii. Why a reduced GFC for the development is equitable in the specific circumstance of the development. (2) Final Determination. The Director may uphold the earlier determination, calculation proposed by the applicant. (3) Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. The appellant may pay the GFC under protest during the appeal process. Appeals shall be filed within thirty (30) days al is not timely 18 Title 15 BMC Updates 2017 Administrative Hearing Examiner shall review and base his/her decision on the criteria established in subsection (b)(1) of this section as well as other related information. The decision of the Administrative Hearing Examiner shall be final. (c) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a reinspection is notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee shall be paid at the time of execution of the utility service agreement, or before building permit issuance, whichever occurs sooner. (d) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the Utilities Capital Reserve Fund and used only for utility system capital improvements. SECTION 7. Section 15.07.020 of the Bremerton Municipal Code entitled is hereby amended to read as follows: 15.07.020 UTILITY SERVICE ACCOUNTS. The Department shall create a utility service account upon receipt of an executed utility service agreement or an executed owner/tenant form as applicable. The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Billing for utility services shall commence for each service at the date of connection of each service to the property or the date of the closing of sale for a property. Billing for mandated wastewater service, as directed by the Health Officer or the Director regardless of connection, shall commence sixty (60) days following written notice by the Health Officer or the date of connection, whichever shall occur first. All utility billing forms will be available on the City of Bremerton website. Electronic signatures will be accepted for all utility billing online application submittals. When it benefits the Utility to do so and at the discretion of the Public Works and Utilities Director, a credit may be authorized for a Utility customer not to exceed fifty dollars ($50) year per account. A credit in excess of this amount requires City Council approval by motion or resolution. SECTION 8. The provisions set forth in Sections 1 through 7 of this ordinance as amended herein shall become effective July 1, 2017. SECTION 9. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 19 Title 15 BMC Updates 2017 SECTION 10. 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 ____________________, 2017. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2017 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2017. EFFECTIVE the_________ day of ______________________, 2017. ORDINANCE NO. ____________ R:\\Legal\\Legal\\Ordinances\\Public Works & Utilities\\BMC Title 15 - Update 2017 - 4-24-17 Final.docx 20 Title 15 BMC Updates 2017 AGENDA BILL CITY OF BREMERTON 8A CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: May 10, 2017 No. 5319 to amend Chapter 20 of the COUNCIL MEETING Date: May 17, 2017 Bremerton Municipal Code (BMC) entitled Department: DCD Presenter: Garrett Jackson Phone: (360) 473-5289 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20 as follows: 1. Design Standards. Revise standards for commercial and multifamily structures in select zones that permit those uses. 2. Traditional Front Yard Setback. Clarify that intrusions into the front yard setback are not permitted within five feet of the front property line. 3. Determining Structure Height. Revise the method for measuring structure height to coincide with the method used in the International Building Code. 4. Design Response Conference. Provide an option to waive the Design Response Conference permit from the Downtown Design Review Board process. 5. Open Space Definition. Remove duplicative definition. 6. Recycling Collection Station. Remove from permitted uses in the General Commercial zone. 7. Conditional Nonconforming Uses. Remove from the nonconforming code section. 8. Outdoor Storage. Consolidate several existing code sections regulating outdoor storage. ATTACHMENTS: A. Ordinance No. 5319 B. Exhibit A Planning Commission Findings and Conclusions stnd C. Staff Memo and Exhibit B Planning Commission Minutes (1 Workshop Nov. 15, 2016; 2 Workshop Jan. 17, 2017; and Hearing on Feb. 21, 2017) FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5319 to amend Bremerton Municipal Code Title 20 regarding: City design standards, traditional front yard setback, determining structure height, design response conference, open space definition, recycling collection use in the GC zone, conditional nonconforming uses, outdoor storage, and related changes. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 ORDINANCE NO. 5319 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 20 of the Bremerton WHEREAS, through practical use and application of the Zoning Code the need for updates and amendments to the code have been identified; and WHEREAS, the updates and amendments to the Zoning Code include changes to provisions relating to design standards, traditional front yard setback, determining structure height, design response conference, open space definition, recycling collection use in the GC zone, conditional nonconforming uses, outdoor storage, and related changes; 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 amendm Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on November 15, 2016, and January 17, 2017, the Planning Commission conducted workshops on the proposed amendments; and WHEREAS, on January 31, 2017, a State Environmental Policy Act (SEPA) Determination of Nonsignificance (DNS) was issued for the proposed action and no appeals were filed; and WHEREAS, on February 11, 2017, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on February 21, 2017, the proposed Zoning Code amendments were circulated to the State Agencies for the requisite review and comment period; and WHEREAS, on February 21, 2017, 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 WHEREAS, on May 4, 2017, 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 1 Title 20 BMC Updates WHEREAS, on May 17, 2017, 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 herein in full. Chapter 20.02 Project Permitsby amending Section 20.02.150 to read as follows: SECTION 2. Chapter 20.02 of the 20.02.150 DESIGN REVIEW. Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved, as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. (b) Conceptual Design Conference. Before submitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within thirty (30) days of written request by the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages of the project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines pertain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed development based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. (c) Application. Follow the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (d) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within sixty (60) calendar days. The Director shall provide public notice of the design response conference per the requirements of BMC 20.02.100. (e) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present the proposed project and demonstrate its consistency with 2 Title 20 BMC Updates the design guidelines as discussed in the conceptual design conference to the Board. The Board will consider the information presented and make a formal recommendation to the Director for project approval, approval with conditions, or denial. The Board may continue the conference if necessary to gather additional information necessary for its recommendation. If the conference is continued to a specific date, no further public notice is required; otherwise notice of continuance shall be mailed to all parties participating in the design response conference. The Design Response Conference may be waived provided: (1) The Design Review Board provides a unanimous recommendation of approval and makes findings that the Response Conference is not necessary; and (2) The Director finds that more information is not required for the decision after the Design Review Board makes their unanimous recommendation. (f) Approval. Approval of a building permit that is subject to Board review is a Type reviewing the Board recommendation, the Director may grant, deny or conditionally approve an be appealed per the provisions of BMC 20.02.140. SECTION 3. Chapter 20.42 of the Bremerton Municipal Code entitled Subsection 20.42.040(g) to read as follows: 20.42.040 Definitions. (g) Definitions "G": "Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil, including electric vehicle rapid charging stations. Gas stations include self- service and full-service operations. "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each "Grade, average final" means the average of the final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. a horizontal reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. "Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling. 3 Title 20 BMC Updates "Gross floor area (g.f.a.)" means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches. "Group residential" means a place of residence for persons with physical, developmental or mental disabilities, homeless or otherwise dependent persons (not including dormitories), typically with shared living quarters without separate kitchen facilities for each room or unit. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(18). Group residential facilities are categorized as follows: (1) Group residential home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). (2) Group residential facility - Class I (assisted living)" means a group care residence for seven (7) or more children and/or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. (3) "Group residential facility - Class II" means a group care residence for juvenile delinquents, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including prerelease, work-release, and probationary programs that are under the supervision of a court, state, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. SECTION 4. Chapter 20.42 of the Bremerton Municipal Code entitled Subsection 20.42.040(o) to read as follows: (o) Definitions "O": "Office" and "business service, general" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. 4 Title 20 BMC Updates "Off-premises sign" means any sign, including billboard signs, that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. "Open space" means land area not covered by buildings, roads, driveways, parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas, the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. Open Space. For zoning and development purposes, specific areas may be required for outdoor recreation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces that are not related to the open space. Open space areas retained for use as active or passive recreation areas or for resource protection, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. SECTION 5. ereby amended by amending Section 20.44.020 to read as follows: 20.44.020 TRADITIONAL FRONT YARD. In residential zones, the Director may grant modifications to the front yard setback provided: (a) Sixty (60) percent or more of the houses or garages/carports within a numbered block on the same side of the street as the subject property are set back less than the required zoning front yard setback; the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all properties fronting on that side of the street; and (b) The minimum front yard setback shall in no case be less than five (5) feet. No portion of the primary structure shall enter within five (5) feet of the front property line, except as provided in BMC 20.44.010(a)(2). SECTION 6. 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE. The height of a building or structure shall be measured as the distance from the average final grade to the highest point of the structureas the vertical distance from grade plane to the average height of the highest roof surface. Exceptions: penthouse for elevators, firewalls, chimneys, flagpoles, and wireless communications facilities in conformance with 5 Title 20 BMC Updates BMC 20.46.140 may exceed maximum height limits. None of these exceptions to the height regulations shall be used for advertising of any kind. SECTION 7. 20.46.120 OUTDOOR STORAGE AREAS. All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria for these accessory uses: (a) It shall be surrounded by a six (6) foot-high solid wall or sight-obscuring fence except for single-family residential homes on individual lots. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (c) Outdoor storage yards shall meet landscaping requirements for nonresidential uses. SECTION 8. Chapter 20.50 of the Bremerton Municipal Code entitled 20.50.050 to read as follows: 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior landscaping areas shall comply with the following: (1) Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; non-living materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encouraged and are included in the calculation of required landscaping square footage. Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage); (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped area; and 6 Title 20 BMC Updates (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residential zones. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones (R- 10 and R-10M). For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones (R-10 and R-10M). Type II screening shall be provided along all property lines that adjoin the low or medium density residential zones (R-10 and R-10M). A Type II visual screen shall include the following: (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the centers must comply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Any trees located in the City right-of-way may require additional approval through the Department of Public Works and Utilities. Trees shall be spaced no less than three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be provided with street grates at the sidewalk level providing a continuous 7 Title 20 BMC Updates walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting; (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of frontage) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs; and (3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage system and provide a better transition between various land uses within the City. The following provisions encourage vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s) a qualified arborculturalist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recommendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area. In order to promote the retention of existing significant trees during site development, each significant tree within the landscaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of significant tree(s) in exchange for the loss of a parking space. (4) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (e) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought-resistant species, or other species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall be consistent with the list maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility company requirements to avoid conflicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the following size requirements: (f) Plant Type and Size. Plants shall be sized according to the following: (1) Standard deciduous trees: one and one-half (1-1/2) inch to two (2) inch caliper. 8 Title 20 BMC Updates (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths (1-3/4) inch caliper. (3) Evergreen trees: five (5) feet to six (6) feet in height. (4) Shrubs: minimum size one (1) gallon container. (5) Ground cover: minimum four (4) inch container. (g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter. (h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant. (i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing. (j) Outdoor Storage. In addition to any other requirements, storage yards and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (j) Outdoor Storage. Unless provided for otherwise in this Title, outdoor storage in all zones is limited to the minimum number of refuse containers necessary to support approved on site uses. Dumpsters, refuse containers for commercial uses, and outdoor storage shall comply with the following criteria: (1) Be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (2) Outdoor storage and refuse containers requiring screening in the GC, R- 20, NB, and Land Use Centers shall be screened with materials which are architecturally similar to the primary structure. (1)(3) Outdoor storage and refuse containers should not be located between a street and the front of the building, except in industrial zones. (k) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; 9 Title 20 BMC Updates (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director decision. SECTION 9. Chapter 20.54 of the Bremerton Municipal Code entitled ection 20.54.090. 20.54.090 CONDITIONAL NONCONFORMING USES. (a) Unsuitable Structures for Uses. An existing structure constructed for a use no longer allowed by the zone, which has lost its legal nonconforming status, and is not suited for other uses permitted by the zone, may have its use re-established if a conditional use permit is approved pursuant to BMC 20.58.020; provided, that: (1) The applicant demonstrates that the remaining life of the structure is adequate to warrant the proposed use of the structure; (2) The applicant demonstrates that an allowed use of the zone cannot be established; (3) The applicant demonstrates that there is a demand for the use in the community or region that provides a public benefit; and (4) The applicant demonstrates that the use and renovation to the structure is not inconsistent with the goals and policies of the Comprehensive Plan. SECTION 10. Chapter 20.62 of the 20.62.020 PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless communications facilities per BMC 20.46.140; (b) Community facility; (c) Day care; (d) Drinking place; (e) Education and school; (f) Entertainment use; (g) Finance, insurance and real estate; (h) Fully enclosed boat storage; (i) General office and business service; (j) General retail; (k) Hospital; (l) Hotel and lodging place; (m) Medical office and clinic; (n) Museum and gallery; (o) Park, playground, and open space; (p) Personal service; (q) Physical fitness and health club; (r) Public administration use; (s) Recycling collection station; 10 Title 20 BMC Updates (st) Residential of all types except group residential facility - Class II; (tu) Restaurant; (uv) Senior housing complex; (vw) Transportation facility; (wx) Veterinary clinic. SECTION 11. 20.62.070 DESIGN STANDARDS. The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction. At least two (2) of the following criteria shall be used to reduce the appearance of mass and bulk of the facade of all buildings facing public streets: (1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks are not applied to more than twenty-five (25) percent of building facades facing a public street. (2) One (1) or more of the following techniques: (i) Recessing the entrance area at least three (3) feet. (ii) An entrance area that protrudes at least three (3) feet. (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot overhangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window Fenestration. Windows shall occupy or design elements shall be included to emulate the presence of windows for at least fifty (50) percent of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Outdoor storage of all materials shall be prohibited, except outdoor storage may be allowed if screened from the public or private right-of-way and adjacent residential uses with such types of screening like a Type I visual screen pursuant to BMC 20.50.050(b)(1). In no case shall outdoor storage be placed between the primary front building facade and the public right- of-way. For nurseries, screening shall be provided pursuant to BMC 20.50.050(b). (c) Refuse Containers. (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. 11 Title 20 BMC Updates (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right of way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least 60 (sixty) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (b) Secondary Design Features. Three (3) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.62.070(a)(3). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. SECTION 12. 20.70.070 DESIGN STANDARDS. (a) Building Design. 12 Title 20 BMC Updates (1) To enhance the pedestrian environment, commercial uses shall include large windows along any facade facing the public sidewalk or sidewalks providing circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along building facades facing the public sidewalk: outdoor eating areas, street furniture such as benches, bike racks and trash receptacles, and plantings in window boxes. (3) Ground Oriented Uses. Ground oriented uses must conform to either of the following: (i) At least fifty (50) percent of the floor area abutting the linear sidewalk level should be pedestrian-oriented. (ii) The floor area abutting at least fifty (50) percent of the linear sidewalk level frontage shall be designed and constructed to accommodate future conversion to pedestrian-oriented commercial uses and may be occupied by any use permitted in the zoning district. The areas designed and constructed to accommodate future conversion shall meet the following standard, in addition to any other required basic or additional design standards: (A) The sidewalk level facade must include an entrance or entrances to accommodate a single or multiple tenants or be structurally designed to accommodate a single or multiple tenants when converted to the building uses listed in BMC 20.70.020. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the structure. This can be achieved by utilizing any combination of at least two (2) of the following: (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (6) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one (1) or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. 13 Title 20 BMC Updates (b) Site Design. In addition to other standards provided in this chapter, site design shall meet the following requirements: (1) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. (2) 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. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right of way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least sixty (60) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (6) Ground-floor. Ground-floor frontage of a structure facing a public right- of-way should consist of at least fifty (50) percent commercial uses intended to be accessed by pedestrian or bicyclist traffic. At a minimum, this area shall be constructed to a commercial standard in order to accommodate future conversion to pedestrian oriented commercial uses, but in the interim may be occupied by any permitted use per BMC 20.70.020. (b) Secondary Design Features. Four (4) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). 14 Title 20 BMC Updates (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.70.070(a)(3). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. SECTION 13. Chapter 20.79 of the Bremerton Municipal Code entitled -adding Section 20.79.070 to read as follows: 20.79.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section, however, stacked flats are permissible only when meeting the criteria provided in BMC 20.79.070(a) & (b). When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Minimum Transparency. At least forty (40) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (3) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (4) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (b) Secondary Design Features. Three (3) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. 15 Title 20 BMC Updates (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.79.070(a)(2). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. SECTION 14. Chapter 20.82 of the Bremerton Municipal Code entitled 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 (65) percent of a eet 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; (2) To accommodate existing topography, utilities, or other physical 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 include, but are not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections; (b) Side yard setback: zero (0) except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Maximum building size: nonresidential uses may not exceed a footprint of fifteen thousand (15,000) gross square feet; 16 Title 20 BMC Updates (e) Maximum building coverage: sixty (60) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maximum: (1) Projects containing mixed uses: twenty (20) percent bonus; (2) Projects within a two (2) or three (3) story building: ten (10) percent bonus; (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner, bus stop or other key pedestrian area approved by the city. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: ten (10) percent bonus; (4) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five (5) percent bonus; (5) Projects providing at least fifty (50) percent of their required parking underground or within the building: twenty (20) percent bonus; (f) Maximum development coverage: maximum coverage by impervious surfaces seventy-five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed; (g) Maximum building height: thirty-five (35) feet; (h) There is no maximum density for residential as a secondary use ͳ (i) Outdoor storage of any kind shall be prohibited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. SECTION 15. Chapter 20.82 of the Bremerton Municipal Code entitled follows: 20.82.070 DESIGN STANDARDS. (a) Building Design. The following guidelines apply to mixed use and commercial structures only: (1) To enhance the pedestrian environment, commercial uses shall include large windows along any ground floor facade facing the public sidewalk or sidewalks providing circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along any ground floor facade facing the public sidewalk: outdoor eating areas; street furniture such as benches, bike racks and trash receptacles; plantings in window boxes; public art; or public display cases, kiosks, or boards. (3) Building entrances shall be easily identifiable from the street and sidewalks. This may be accomplished by: (i) Ornamentation and/or architectural detailing around the door; and 17 Title 20 BMC Updates (ii) One (1) or more of the following techniques: (A) Recessing the entrance area at least three (3) feet. (B) An entrance area that protrudes at least three (3) feet. (C) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the structure. This can be achieved by utilizing any combination of at least two (2) of the following: (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (6) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right of way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least fifty (50) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. 18 Title 20 BMC Updates (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (b) Secondary Design Features. Three (3) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.82.070(a)(3). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of pedestrian areas. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. SECTION 16. 20.86.070 DESIGN STANDARDS. The following design standards shall be met: (a) Bulk. The horizontal dimension of any structure facing a public right-of-way shall include visual treatment at intervals not to exceed one hundred (100) feet, for a width of not less than twenty (20) feet. Visual treatment shall be one or more of the following types: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from the base material, texture or color. (b) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the minimum number of curb cuts required for safe and efficient vehicle circulation into and out of the site. No curb cut width may exceed forty-eight (48) feet. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. 19 Title 20 BMC Updates When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (3) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the minimum number of curb cuts required for safe and efficient vehicle circulation into and out of the site. (b) Secondary Design Features. Two (2) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of the front facade shall not extend for more than one hundred (100) feet, as measured from any one point of the structure, without a significant architectural variation of at least five (5) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. SECTION 17. Chapter 20.92 of the Bremerton Municipal Code entitled follows: 20.92.070 DESIGN STANDARDS. (a) Blank Facades. The horizontal dimension of any structure facing the perimeter of the site along a public right-of-way shall provide one (1) of the following visual treatments for a width of twenty (20) feet at intervals not to exceed one hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from that of the base material, texture or color; (b) Structures containing general retail uses, restaurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any facade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five (65) percent of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a canopy or overhang extending at least five (5) feet over the sidewalk in the entrance area. 20 Title 20 BMC Updates The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right of way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least sixty (60) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (b) Secondary Design Features. Four (4) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.92.070(a)(3). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. 21 Title 20 BMC Updates SECTION 18. Chapter 20.98 of the Bremerton Municipal Code entitled 20.98.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following criteria shall be applied to all primary building facades and facades facing public streets: (1) Top & Base. Buildings shall convey a visually distinct base and top. A above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right of way shall orient structures toward the primary street, or internal campus. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least fifty (50) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (b) Secondary Design Features. Three (3) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Façade Materials. At least three (3) different façade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per BMC 20.98.070(a)(3). (5) Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extends along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk, this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the 22 Title 20 BMC Updates Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project. SECTION 19. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 20. 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 ____________________, 2017. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2017. _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2017. EFFECTIVE the ________ day of ______________________, 2017. ORDINANCE NO. ____________ R:\\Legal\\Legal\\Ordinances\\Community Development\\BMC Title 20 Land Use UPDATED 5-1-17.docx 23 Title 20 BMC Updates City Council Garrett Jackson, Planner II May 10, 2017 Amendments to the Zoning Code related to Design Standards & Other Minor Amendments SUMMARY The Planning Commission has unanimously recommended that the City Council review and approve the proposed Ordinance in order to make the following changes to the Bremerton Municipal Code related to land use issues, as follows: PRIMARY AMENDMENT ·Design Standards: the proposed revisions to City design standards would alter existing regulations affecting the exterior appearance of commercial and multifamily structures in select zones that permit those uses. These revisions are intended to provide a standardized format, relax some of the more stringent existing standards, and provide built-in flexibility to developers. MINOR AMENDMENTS ·Traditional Front Yard Setback: clarify that intrusions into the front yard setback are not permitted within five feet of the front property line. ·Determining Structure Height: alter the existing method of measuring structure height to coincide with the method used in the International Building Code, in order to remove an unnecessary redundancy from the permitting process. ·Design Response Conference: provide an option to waive the Design Response Conference permit from the Downtown Design Review Board process, in order to streamline the permitting process. ·Open Space Definition: revise to remove duplicative definition and provide clarity. ·Recycling Collection Station: remove from the permitted uses in the General Commercial zone, in order to avoid conflict with surrounding uses. ·Conditional Nonconforming Uses: remove from the nonconforming code section, as written it undermines the intent of the Nonconforming Code and individual zoning districts. ·Outdoor Storage: consolidate several code sections regulating outdoor storage for easier operability of the zoning code. ATTACHMENT ·Attachment I Planning Commission Meeting Minutes for November 15, 1016 workshop, January 17, 2017 workshop, and February 17, 2017 public hearing. RECOMMENDATION FOR COUNCIL: Planning Commission recommends that City Council review the materials provided, conduct a Public Hearing, consider testimony and approve the proposed Ordinance. BACKGROUND: The review of City design standards was prompted by comments received regarding a new warehouse development located in the Employment Center zone. Design standards refer to criteria which guide the aesthetic exterior appearance of commercial and multifamily buildings. Examples of design standards criteria are provided in the adjacent table. Design standards are meant to instill a sense of pride for the community, and give visitors a reason to stop and look around. The provided picture illustrates an example of two accessory storage buildings whose function is likely very similar, however, in exterior appearance they clearly represent opposite ends of the spectrum. In one form or another, all jurisdictions have design standards, whether that is for site orientation, parking, architectural features, etc. Regardless of the manner in which they are executed, required design standards can be a double-edged sword. A community that requires many detailed design standards may drive development to other jurisdictions with lesser regulations, however, the projects that were development would likely be of higher quality, enjoyed by citizenry, and establish a communitys sense of place. If a community requires few design standards, its possible more development may occur initially, but the resulting projects may not be of a caliber valued by the community. It is important to point out that the City already has design standard regulations in place, and the proposed zoning code amendments are intended to improve the implementation of those standards for only commercial and multifamily structures. The Comprehensive Plan calls for a balanced approach in requiring design standards. Standards for site orientation and façade design are meant to foster an environment of walkability and social interaction (ED2B); juxtaposed with these requirements is a call for regulatory flexibility (LU2C). Clearly, a balanced must be maintained which ensures a baseline of quality while at the same time not being overtly regulated to the point of stymying innovative design or deterring development. REVIEW EXISTING CODE: A review of existing design standards revealed a few basic themes where the existing code could be improved, namely by relaxing some of the more stringent design requirements, standardizing the format across all zones, and adding flexibility in the application of prescriptive requirements. ·Relax Standards. Upon comparing design standards for commercial zones against standards for projects in the Downtown Subarea Plan, Staff found that in some cases standards outside Downtown were actually more restrictive. For instance, the highest percentage of required transparency Downtown is 60%, whereas some zones outside the Downtown Subarea Plan require up to 75% transparency. Other instances of more restrictive regulations include increased weather protection, and modulation. Development Downtown is incentivized through the multifamily tax exemption, CDBG funding, and other programs. Requiring increased design standards in areas outside of Downtown may provide a disincentive to developing in those areas. The proposed design standard amendments are fashioned under the assumption that design standards should not be more restrictive than required Downtown. ·Standardizing. Staff suggests standardizing each zones design standards section in order to provide a more predictable set of criteria. For instance, in one code section an upper-floor setback of at least ten feet is required (BMC 20.70.070(a)(4)(i)), whereas a separate section requires an upper0floor setback of no more than ten feet (BMC 20.62.070(a)(1)). This is one Page 2 example, which represents a few occurrences within the code, of criteria that would benefit from standardization. · Flexibility. At the behest of the Planning Commission, Staff requested feedback from the Downtown Design Review Board (DRB) for any guiding information they thought would be helpful in revising existing regulations. The comments Staff received from both the DRB and Planning Commission emphasized the need for flexibility when applying a prescriptive code. The existing code does not offer flexible alternatives and therefore does not adequately address the likelihood of site specific constraints limiting a projects ability to meet all code provisions. A strictly prescriptive code may also inadvertently stifle innovative design and lead to buildings which lack variability, leading to a monotonous streetscape. Geoff Wendtland, Planner with the City of Seattle and Bremerton Design Review Chairman, noted in his comments that approximately 75% of projects in Seattle require some kind of departure from design standards. After a review of City projects Downtown which required DRB approval, 100% of projects required some departure from the code. The goal of design standards should be to increase the aesthetic quality of the community, not to strictly adhere to a set of regulatory criteria for the sake of it. The proposed code provides alternative routes for compliance, while ensuring a baseline of design elements. REVIEW EXISTING DEVELOPMENT: Prior to developing a final draft of design standard requirements, Staff reviewed development proposals from Downtown. As our Downtown area has experienced the most growth in recent years, it acts as a good barometer for the types of design standards the market is currently supporting. This analysis resulted in a proposed code which relaxes some standards, while leaving others open for the developer to provide their creative interpretations. For instance, building modulation is meant to break up an otherwise flat façade by providing varying recesses and protrusions. In some zones, existing code requires building modulations of ten feet or more, however, Downtown projects have consistently shown that a building façade can be broken up with much lesser modulation depths. For this reason, the proposed code leaves some design aspects to the discretion of the developer. PROPOSED CODE: Based off Staff research, and feedback from the Planning Commission and Design Review Board, the resulting code is separated into two sections: Primary Design Features, and Secondary Design Features. This format is standard across all zones. All primary design features are required, and are intended to provide for the most basic design elements to be incorporated into every new proposed structure, and represent the most straightforward guidance from the goals of the Comprehensive Plan. Secondary Design Features are intended to be more flexible for the developer, as not all secondary features are required, permitting the developer to choose which secondary features best suit their project. The number of required secondary design features is dependent on the zone, for instance, the Charleston District Center requires more secondary design features than the Freeway Corridor zone. While the design criteria format has been standardized across all zones, specific requirements are tailored to each zone based on the codified intent of individual zones. Secondary design features are meant to provide the built-in flexibility suggested by the Design Review Board, while remaining prescriptive. While a completely prescriptive code may have its drawbacks, it also provides reliability for developers by Page 3 removing the discretion of a given plans reviewer whose subjective tastes in design should not be a reason to stall a project. The suggested method of prescriptive criteria, teamed with flexibility, provides security for the site specific developer while ensuring quality structures add to the community. A provision has also been included to account for development which involves the remodel or expansion of existing structures. In these cases the Director may modify design requirements to reasonably fit the scope and scale of the remodel or expansion. Flexibility is required in these instances as a number of factors (structural requirements, site orientation, etc.) may limit a proposed redevelopments ability to completely conform to design standards. PLANNING COMMISSION REVISIONS: A few revisions to the code proposed at the February hearing have been suggested by Planning Commissioners. Those revisions are as follows: · Revise statements of, Residential development of three (3) units or less are exempt from this section. To, Residential development of three (3) units or fewer are exempt from this section. · Revise BMC 20.70(a) from, Residential development of three (3) units or less are exempt from this section. Stacked flats are permissible only when meeting the criteria provided in BMC 20.79.070(a) & (b). to, Residential development of three (3) units or less are exempt from this section, however, stacked flats are permissible only when meeting the criteria provided in BMC 20.79.070(a) & (b). · Revise BMC 20.42 from, Grade plane and Grade, average final means a reference plane representing the average of finished ground level adjoining the building at exterior walls. To, Grade plane and Grade, average final means a horizontal reference plane representing the average of finished ground level adjoining the building at exterior walls. MINOR AMENDMENTS: The Comprehensive Plan is the vision which guides community decisions, whereas zoning code regulations are the specific instructions on how to enact that vision. The exact phrasing, punctuation, and format of the code are the nuts and bolts of the document that need to be inspected and recalibrated regularly to ensure City regulations meet the evolving needs of the community. The following revisions are aimed at cleaning up sections of the code in order to provide greater consistency and ease of use for City Staff, as well as developers attempting to navigate City regulations. Staff is proposing that the Council consider the following amendments: · Traditional Front Yard Setback. In the R-10 zone, a single family residence must be setback fifteen feet from the property line adjoining the street. In some areas, however, development occurred in the past much closer to the roadway than would be permitted under the existing code. In these instances wh3ere a strict application of the code would result in a structure placement that would be out of sync with neighboring development, the Code provides relief from the required setback by permitting a developer to use the average setback of neighboring properties. In no case is a proposed structure permitted to be closer than five feet of the property line. The intent of the code is to keep any portion of the primary structure outside of that five foot setback; the code will be updated to state this explicitly. · Measuring Structure Height and Definition of Average Final Grade. Currently, the Building Code and Zoning Code have different methods for determining the height of a structure, and for determining what the average final grade of a site is. This has been a point of confusion for developers, as they must demonstrate in two separate ways that their project satisfies a single regulation. It is proposed that the zoning code will adopt the definitions used in the Building Code to provide consistency between the two regulatory documents. Page 4 · Design Response Conference. Currently, the code requires two design review meetings for applicable projects within the Downtown Subarea Plan. The initial meeting is referred to as the Conceptual Design Conference, at which the Design Review Board (DRB) provides feedback to the applicant on ways they could improve upon their projects design. A second meeting, the Response Conference, is then required where the applicant demonstrates how they have incorporated DRB comments into their proposal. On occasion projects are presented to the Design Review Board which the Board approves of with no requested revisions to the project, however, even though no changes are requested the applicant is still required to complete the second meeting. This zoning code amendment provides a method for the DRB to recommend project approval without the need for a second meeting. · Open Space Definition. There are two definitions of open space found in the definitions sections of Title 20 (BMC 20.42). The code will be revised to retain one definition. ·Recycling Collection Station. Currently, the General Commercial (GC) zone permits the use of recycling collection stations as an outright permitted use. The use is not compatible with the high intensity commercial and residential uses intended for this zone, and is better suited to reside in one the Citys many industrial areas. · Conditional Nonconforming Uses. Nonconforming uses are uses that are not permitted in a given zone; a classic example of this is an industrial or commercial use in a residential zone. Nonconforming uses are phased out over time when replaced by uses that are supported by the community. A peculiar code provision exists which permits abandoned nonconforming uses to be resurrected years after their uses has long since terminated. This provision runs counter to the intent of the nonconforming section, supports uses that do not meet the intent of a given zone, promotes conflict, and as such staff is proposing the removal this section. · Outdoor Storage. Garbage containers and outdoor storage area currently regulated in several separate sections of the code. To provide clarity, and reduce redundancy. Staff is proposing consolidation. SUMMARY: The Planning Commission finds that the proposed amendments to the Bremerton Municipal Code (BMC) Title 20 Land Use Section, 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. Page 5 AGENDA BILL CITY OF BREMERTON 8B CITY COUNCIL SUBJECT:Public Hearing on Ordinance Study SessionDate: May 10, 2017 No. 5320to approve Annexation ofproperty COUNCIL MEETING Date: May 17, 2017 near Corbet Drive in the West Bremerton Department: DCD Urban Growth Area Presenter: Allison Satter Phone: (360) 473-5845 SUMMARY:A property owner within the West BremertonUrban Growth Area UGA) has requested that the City Council consider annexing their property to the City of Bremerton. In addition to the initial petitioner, much of this area contains properties that have signed outside utility agreements which consent to annexation. After careful deliberation and consideration of the financial impacts, the Council passed Resolution No. 3287on March 15, 2017,to accept the initial annexation proposalsfor 40 parcels or 24.5 acresnear the area of Corbet Drive. By accepting Petition annexation process, gathering of sign Following the public hearing the City Council willdetermine if itwill pass the proposed ordinance and approve the Corbet Driveannexation. In addition to accepting the annexation, the ordinance also establishes an effective date for the annexation following the Boundary Review Board processand establishesthe annexedCity Council District. ATTACHMENTS: 1)OrdinanceNo. 5320 with Exhibit 1: Legal Description of the property;Exhibit 2: Map of the proposed territory; and 2)Resolution No. 3287acceptingthe 10% Petition 3)Fiscal Analysis of the CorbetDrive Annexation FISCAL IMPACTS(Include Budgeted Amount): Fiscal impacts as documented in the Corbet Drive Annexation Report and Cost/Benefit Analysis(Attachment C). STUDY SESSION AGENDA:No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5320annexing the propertywithin the West BremertonUrban Growth Area near Corbet Driveinto the City of Bremerton. COUNCIL ACTION:ApproveDenyTableContinueNo Action Form Updated 01/07/15 ORDINANCE NO. 5320 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of certain contiguous lands comprising approximately 24.5 acres in the West Bremerton Urban Growth Area (UGA) known as the Corbet Drive annexation; requiring the assumption of all of the City's existing indebtedness by the area to be annexed; establishing an effective date of the annexation; and designating a City Council District for the annexed area. WHEREAS, on March 15, 2017, the City Council passed Resolution 3287 stating its Intent to Annex the proposed territory; and WHEREAS, a valid and sufficient 60% Petition for Annexation of Territory was filed on behalf of the initial petitioner, signed petitioners of this area, and the outside utility agreements granting consent to annexation; and WHEREAS, all statutory annexation proceedings for annexation by the 60% petition method were executed as documented in Resolution 3287 and incorporated by reference, including public hearings and notices; and WHEREAS, the proposed area for annexation is legally described as Exhibit 1 and having the boundaries as indicated in the map attached in Exhibit 2; and WHEREAS, the proposed area for annexation is located within the City's West Bremerton Urban Growth Area (UGA); and WHEREAS, Ordinance No. 5299 passed on May 18, 2016, Comprehensive Plan -annexation land use designations. The pre- designations are contained within the Land Use Element of this Plan in a table known as the designations; and WHEREAS, based on the Equivalence Table, the City established the Plan for the proposed annexation area as is Medium Density Residential (M) and Low Density Residential (LDR as depicted in Exhibit 3; and WHEREAS, pursuant to RCW 35.13.125 residents and property owners in the area proposed for annexation have been afforded an opportunity to be heard during a public hearing on May 17, 2017, at the regular City Council meeting, and all statutory notice requirements for said hearing including publish in a newspaper of local circulation have been provided; and 1 Corbet Drive Annexation WHEREAS, on April 20, 2017, the City of Bremerton filed a copy of the 60% on April 27, 2017, the City received a Certificate of Sufficiency affirming consent of properties totaling more than 60% of assessed property valuation; and WHEREAS, the City of Bremerton will file a Notice of Intent to Annex with the Kitsap County Boundary Review Board (Boundary Review Board), and the annexation may not be effective before the Boundary Review Board statutory review period has expired; and WHEREAS, the City of Bremerton has prepared an analysis of the costs and benefits and the anticipated fiscal impacts to the City of annexing this territory; and WHEREAS, the City Council seeks to annex territories that contribute to the overall economic and social health and wellbeing of the City and lead to an orderly and logical pattern of development; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the proposed annexation as presented, and require the assumption of all or any portion of City indebtedness by the area to be annexed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. SECTION 2. Property to be Annexed. There shall be annexed to the City of Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly Exhibit 1, attached hereto and incorporated herein by this reference, and which is located and having the boundaries as indicated in the map set forth in Exhibit 2, attached hereto and incorporated herein by this reference. SECTION 3. Assumption of Existing Indebtedness. In accordance with the Petition for Annexation as authorized in RCW 35.13.130, the property hereby annexed shall assume and be subject to its proportionate share of the City assessed and taxed at the same rate and on the same basis that other property within the City of Bremerton is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. SECTION 4. Land Use Designation. As authorized in RCW 35.13.130, the Annexation area shall be subject to the pre-assigned land use designation identified in the Comprehensive Plan as land use designation of Low Density Residential (LDR) and Zoning of Residential Low Density (R-10) and Medium Density Residential (MDR) and Zoning of 2 Corbet Drive Annexation Medium Density Residential (R-10M) and the Zoning map is hereby amended accordingly as depicted in Exhibit 3. SECTION 5. Effective Date of Annexation/Boundary Review Board. This annexation will become effective August 1, 2017, or if Boundary Review Board jurisdiction is invoked, on the first day of the full month immediately following the expiration of the Boundary part of the City of Bremerton subject to all the laws and ordinances of the City except as otherwise provided by law, unless the proposed annexation is modified or rejected by the Boundary Review Board,. If the proposed annexation is modified by the Boundary Review Board, City Council may take appropriate action to incorporate the modification(s) and complete the annexation. If the proposed annexation is rejected by the Boundary Review Board, the proposed annexation shall not take effect. SECTION 6. Population Determination. Pursuant to RCW 35.13.260, within 30 days for the effective date of this annexation as provided by law, the City of Bremerton Department of Community Development (DCD) shall, under the direction of the Mayor of the City of Bremerton, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. DCD shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 7. Filing of Ordinance. Upon passage of this ordinance, the City Clerk of the City of Bremerton, pursuant to RCW 35.13.150, shall send to the Office of the Clerk of the Kitsap County Board of Commissioners a certified copy of this ordinance. SECTION 8. City Council District Assignment. Upon the effective date of annexation, the property annexed by this ordinance shall be assigned to Bremerton City Council District 6. SECTION 9. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 10. 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 ____________________, 2017. 3 Corbet Drive Annexation _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2017. _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2017. EFFECTIVE the_________ day of ______________________, 2017. ORDINANCE NO. ____________ 4 Corbet Drive Annexation Exhibit 1: Legal Description Proposed Corbet Annexation into the City of Bremerton The following described areas situate within the Plat of Phinney Bay Water Front Tracts as recorded in Volume 4 of Plats, Page 17 situate within Section 10, Township 24 North, Range 1 East, W.M., Kitsap County, Washington: The south 30 feet; And the north 260 feet of the south 290 feet of Corbet Drive (platted Phinney Avenue); And the south 260 feet of Tract 10; And the south 260 feet of the east 66 feet of Tract 11; And the south 80 feet of Tract 11 lying west of the east 66 feet thereof; And the south 165 feet the west half of Tract 12; And the south 165 feet of Tract 13; And the south 165 feet of the east 32 feet of Tract 14; And the following described areas situate within the Section 15, Township 24 North, Range 1 East, W.M., Kitsap County, Washington: The North half of the North half of the Northwest quarter of the Northwest quarter of the Northeast quarter; And the South half of the North half of the Northwest quarter of the Northwest quarter of the Northeast quarter lying east of the west 30 feet thereof; And the Southeast quarter of the Northwest quarter of the Northwest quarter of the Northeast quarter; And the East 350 feet of the North half of the North half of the Southwest quarter of the Northwest quarter of the Northeast quarter; And the South half of the North half of the Southwest quarter of the Northwest quarter of the Northeast quarter lying east of the west 1 acre thereof; And the East half of the North half of the North half of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter; And the East 158 feet of the South half of the North half of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter; And the Northeast quarter of the Northwest quarter of the Northeast quarter; And the North 30 feet of the Southeast quarter of the Northwest quarter of the Northeast quarter. EXCEPT those portions within the city limits of Bremerton, per City of Bremerton Ordinance Numbers 2298 and 3455. City of Bremerton ¯ Area Proposed for Annexation 0% Petition 2017 1 2 3 4 40 5 1 9 T H 6 7 8 9 10 11 12 13 14 17 19 15 Territory Proposed for 16 24 21 1822 20 18T H Annexation 23 26 29 28 27 2 30 31 32 33 34 35 1 7 T H 36 37 38 39 Legend Proposed Territory for Annexation Outside Utility Agreement (OUA) Initial Petitioner City Limits Urban Growth Area (UGA) 00.1Miles City of Bremerton ¯ Area Proposed for Annexation Pre-Land Use Designation Map 1 2 3 4 40 5 1 9 T H 6 7 8 9 10 11 12 13 14 17 19 15 16 24 21 22 18 20 1 8T H Territory Proposed for 23 26 Annexation 29 28 27 2 30 31 32 33 34 35 1 7 T H 36 37 38 39 Legend Low Density Residential () Medium Density Residential (MDR) Proposed Territory for Annexation City Limits Urban Growth Area (UGA) 00.1Miles Fiscal Impacts of Annexation: Corbet Annexation Final - April 2017 City of Bremerton Allison Satter, Senior Planner th Fiscal Analysis has been updated since the March 2017 345 6 Street Suite 600, Bremerton, WA 98337 to include the efforts by City Counci Resolution. (360) 473-5845 Allison.Satter@ci.bremerton.wa.us Corbet Drive Annexation Fiscal Analysis Table of Contents Project Overview ........................................................... 2 Potential Annexation Aerial ........................................... 3 Study Area ...................................................................... 4 Growth Planning Status .................................................. 4 Report Structure ............................................................. 4 General Annexation Discussion: ..................................... 5 Rocky Point Urban Growth Area .................................... 5 Annexation Method Petition Method ......................... 5 Request for Annexation & Outside Utility Agreements ............................... 6 Fiscal Impacts City Perspective .................................... 7 Cost and Benefits Rocky Point Resident Perspective ...................... 8 Community Character of the Proposed Annexation ...... 9 Land Use ......................................................................... 9 Housing and Population ............................................... 10 Assessed Valuation ....................................................... 10 Public / Open Space ...................................................... 10 Schools .......................................................................... 10 Infrastructure Overview ............................................... 11 Potable Water .............................................................. 11 Sanitary Sewer .............................................................. 11 Stormwater Infrastructure............................................ 11 Streets and Transportation ........................................... 11 Attachment A: Staff Proposed Study Area ................... 12 Attachment B: Growth Assumptions ........................... 13 Attachment C: Fiscal Impacts of West Bremerton & Gorst UGA Annexation ...... 14 Attachment D: Rocky Point Public Handout ................. 15 Attachment E: Water & Sewer Map ............................. 16 April 11, 2017 Corbet Drive Annexation Fiscal Analysis Project Overview This report was prepared for City Council Review in advance of the March 15, 2017 City Council meeting with annexation petitioners. The City has been asked to consider annexing a portion of the Rocky Point Urban Growth Area (UGA). This process began on January 23, 2017 when the City Clerk received a Petition to Annex from a single property owner pursuant to RCW 35.13.125 . This property proposed for annexation is adjacent to the City of Bremerton current limits. In addition to the single property owner petition, over recent years the City has extended utility services to nearby parcels and (OUAs) water or sewer service) an agreement was signed stating that the owner of the property would not oppose a future annexation. The Corbet Annexation has been configured by Staff as shown on the following page Corbet Drive th 17 Street Subject Parcel April 11, 2017 City of Bremerton ¯ Area Proposed for Annexation 1 2 3 4 40 5 1 9 T H 6 7 8 9 10 11 12 13 14 17 19 15 Territory Proposed for 16 24 21 1822 20 18T H Annexation 23 26 29 28 27 25 30 31 32 33 34 35 1 7 T H 36 37 38 39 Legend Proposed Territory for Annexation Outside Utility Agreement (OUA) Initial Petitioner City Limits Urban Growth Area (UGA) 00.1Miles Corbet Drive Annexation Fiscal Analysis Study Area The map on the previous page identifies the subject area that the City is considering for th annexation. The general boundaries of the study area are adjacent to Corbet Drive near 15, thth 17 and 19 Streets and this area is adjacent to current city limits. As an overview, this area is a relatively developed neighborhood of single family homes. There are some larger lots within the area that are undeveloped or have a single family home on a large lot that may choose to subdivide their property in the future. Growth Planning Status This Corbet Annexation is entirely within the City of Bremerton associated Rocky Point UGA and is contiguous to the City. This UGA it may be annexed at any time by Bremerton without challenge or dispute from other jurisdictions. 2016 Comprehensive Plan anticipated annexing this area during the 20-year time horizon of the Plan. Report Structure The purpose of this report is to summarize the following: Area proposed for annexation (Attachment A) Growth assumptions (Attachment B) Fiscal impacts of annexation (Attachment C) Share public information relevant to Rocky Point (Attachment D) Vicinity of City infrastructure (Attachment E) Attachment A: A map of potential annexation. Attachment B: As the City annexes territory, the City must consider both the existing population and the buildout potential. This attachment contains the figures The data in this section are used for assessed value and future population growth. Attachment C: Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexation. This attachment addresses the fiscal impacts of all West Bremerton UGAs: Navy Yard City, West Hills, Gorst and Rocky Point. City Council should consider the impacts to annexations comprehensively and in totality. This attachment provides the insight for City Council to determine the short and long-term impacts of annexing all the West Bremerton UGAs. The reader should understand that the proposed Corbet Annexation is only a small portion of this much more comprehensive look at annexation. Attachment D: Rocky Point Handout). This document contains public information regarding annexation benefits and impacts to a property owner. Attachment E: Vicinity Map of the sewer and water mains to assist the reader understanding where the capital infrastructure is located. April 11, 2017 Corbet Drive Annexation Fiscal Analysis General Annexation Discussion: Rocky Point Urban Growth Area An important consideration is how the Corbet Annexation relates to the remaining portion of the Rocky Point Urban Growth Area. As of this time, the City is promoting annexations but is not the initiating party for annexation. The City is seeking interested owners within UGAs to request annexation. In Spring 2017, Staff will be proceeding with educational outreach processes to each UGA to assist the public with any annexation questions and gauge public interest in annexations. The Corbet proposal is to annex a small portion of the Rocky Point UGA; the remaining peninsula of UGA is not be proposed for annexation at this time. Please also note that Kitsap County is not supportive of annexations that create or f like to see Bremerton annex the Rocky Point UGA as it is surrounded by City of Bremerton limits. The proposed annexation of a portion of the Rocky Point UGA does not further create more impact to Kitsap County. Annexation Method Petition Method There are nine methods of annexation pursuant to state law, and the Corbet Annexation utilizes Step 1 Step 2 ust represent the requisite percentage of either assessed value or acreage of land. One of the primary purposes of the two step process is first for the City Council to meet with the initiating petitioners and determine if the City will accept, reject, or modify the proposed annexation. Once the City Council sets the geographical boundaries for the annexations signatures are gathered for the finalizing petition (60%). The first step is the only time that the City Council may make modifications to the area that is proposed for annexation. The City must ensure that annexations have logical boundaries. The Corbet Annexation is at step 1 of the petition process, and the City Council will be meeting with petitioners on March 15, 2017. Following this meeting, the Council will decide to accept, reject, or modify the annexation. consideration to establish a logical boundary for this proposed annexation; this will be a modification from the original annexation petition that was received. The boundaries that City staff have proposed for the Corbet Annexation are described in more detail in the next section. April 11, 2017 Corbet Drive Annexation Fiscal Analysis Request for Annexation & Outside Utility Agreements The City received a petition to annex on January 23, 2017. Upon receipt of that request to annex, Staff reviewed City records to find OUAs in close proximity to the property requesting annexation. Staff strategically utilized a portion of the existing OUAs to enlarge the annexation geography to the greatest extent feasible while designing a logical City limit boundary. OUA documents previously executed between the City and property owners state that in exchange for the extension of a public utility to a property (eg. water or sewer service) the owner of that property agrees to support a future annexation. The OUA is a legal document that runs with the land, and is on file with the City of Bremerton and the Kitsap County recording power of attorney clause. Previous legal precedent confirms that OUAs may be substituted as a signature on annexation petitions by the owner of the property, even if the current owner is different than those who signed the agreement. Staff believes that the proposed annexation geography makes the most effective use of concentrations of OUAs. April 11, 2017 Corbet Drive Annexation Fiscal Analysis Fiscal Impacts City Perspective The City Council desires to move forward with annexation for all the UGAs. Before undertaking any annexation, the City must consider the 20-year vision of annexation, including fiscal impacts. The City of Bremerton has developed a Fiscal Impacts of West Bremerton UGA and Gorst UGA 1 Annexation which can be seen in Attachment C. The current petition for annexation is to bring only a small portion of the . The total acreage of the West Bremerton UGA is 1,530 AC. The Corbet Annexation, as configured by Staff, is 24.5 AC (1.5% of the West Bremerton UGAs). The table below is an excerpt from Attachment C (page 11). This has been provided for the reader to see the total West Bremerton UGAmpacts for 2017, 2020, and 2032. This report has assumed that 1.5% of the total impacts identified in the table above can be attributed to the Corbet Annexation. Here are the calculations to show the proportionate share of the total West Bremerton UGA cost/benefits: Corbet Drive Annexation 2017 2020 2032 Net Resources ($2,895) $8,040 $3,840 1 As the Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexation was completed in 2015, the data used for this report was the 2014 and 2015 budget and documents. However, after reviewing the 2016 and 2017 budgets, Staff has determined that there were no considerable structural changes between these budgets. For this reason, the City would not expect significant differences in planning-level results of the study and is comfortable with continuing to use this data as a basis for this analysis. City financial Staff confirmed the reasonableness of this assumption. April 11, 2017 Corbet Drive Annexation Fiscal Analysis Cost and Benefits Rocky Point Resident Perspective An informational handout has been created to help the residents identify the impacts of annexations. This handout was developed utilizing information from the Fiscal Impacts of West Bremerton UGA and Gorst UGA Annexation. This handout has been included as Attachment D. Attachment D is based on three categories of cost that a property owner may be impacted by. Those include the following: (1)Property taxes; (2)Utility Services cost, fees and taxes; and (3)Transportation Benefit District (car tabs). Property Taxes: Property Tax rates between the City and County area is less than 3% difference. Part of property taxes include any capital bonds or levies. In 2015, the City of Bremerton voters passed the Fire capital bond by 71.1%. This bond will generate $4.5M for fire engines, a ladder truck, two ambulances and other vehicle and firefighting equipment. It also will remodel two fire stations to outfit them with fire sprinklers and create specialized facilities for both men and women. Property taxes increase by 22 cents per thousand dollars of assessed property values. Upon annexation the recommendation is for the capital bonds to be extended the annexed territory. Utility Service Cost: Most residents already using City water and sewer utilities will cease to pay out-of-city surcharges, so they will see some savings. Other differences include: the City shows storm water utility charges as a separate line item on the utility bill whereas the County includes it in taxes; and the City requires garbage collection service while the County does not. Transportation Benefit District: Transportation Benefit District (TBD) is used to improve and Kitsap County does not have a TBD, and the City does. The handout has assumed each household has two cars, thus an additional fee of $40 per year if annexed. Summary of Cost: Attachment D shows that an average assessed property value of $240,000 could expect to pay an additional cost of $143 a year, or less than $12 a month. April 11, 2017 Corbet Drive Annexation Fiscal Analysis Community Character of the Proposed Annexation The following documents the overall character and existing conditions in the proposed area. Land Use The area is approximately 23.6 acres and is predominantly developed with single family homes. An important part of the annexation process is to establish an adopted City Comprehensive Plan land use for the territory that will be annexed. The following describes what the City has done to prepare that land use designation. and Zoning has designated the area with two land uses: Urban Medium and High Density Residential (UMHDR) with Urban Medium Density Residential Zoning; and Urban Low Density Residential (ULDR) with LDR zoning. would annex during the 20-year plan horizon, and in this adopted plan the City predesignated all land uses within our UGAs. The City believed that by pre-designating the land use with the to the City and individuals would be fully informed about what land use designation they would receive after annexation. be as follows: Kitsap County UMHDR will become City of Bremerton equivalent Medium Density DR) City: Kitsap County ULDR will become City Kitsap: LDR ULDR Kitsap: City: LDR April 11, 2017 Corbet Drive Annexation Fiscal Analysis Housing and Population The City and County Department of Community Development have witnessed increased development pressure within the region. As for this area, most of the undeveloped area (approximately 7 acres) may contain some wetland features and moderate geological hazardous area (slopes) that make development more challenging, but the strength of the housing market is making these areas viable for development. In total, the estimated existing population of the study area is 69 people and at full buildout, the City could expect 156 people. Assessed Valuation The total assessed valuation of land and structures in the area in 2017 is $6.3M. As shown in Attachment B, the total assessed value of existing buildings is $4.8M, and the total assessed value of the land is $1.5M. Public / Open Space Within a short distance from the potential annexation area, there is an existing City Neighborhood Park: Haddon Park (picture to the right). This park was established in 1987 and is about 3.09 acres. This park includes a play area, perimeter pathway, restrooms and open lawn. It is well-used and provides passive and active recreation opportunities. Schools School district boundaries are typically a major concern for residents. Municipal annexations do not modify school district boundaries. April 11, 2017 Corbet Drive Annexation Fiscal Analysis Infrastructure Overview Attachment E is a map that shows the City of Bremerton installed infrastructure, including water and sewer mains. The following is information regarding the potential annexation and its infrastructure. Potable Water The potential annexation area is serviced by City of Bremerton water infrastructure. A water main runs through the potential annexation area. Little or no additional public investment would be required to service this area with water. As development occurs within this area with subdivisions, private developers will be responsible for extending the water system for their projects. Sanitary Sewer Sanitary Sewer service is available for the potential annexation area. As development occurs within this area with subdivisions, private developers will be responsible for extending the collection system for their projects. Stormwater Infrastructure Most streets in the vicinity have not been developed with integrated curb and gutter systems. Future public investment would be required to bring the Stormwater system up to the City of Bremerton standards in future years. Streets and Transportation The existing network of streets in the study area is operating well within City of Bremerton service capacity levels. Corbet Drive is the key arterial street running through the study area and this road has further capacity for services. As development occurs within this area with subdivisions or multifamily housing, private developers will be responsible for contributing to any necessary transportation improvements April 11, 2017 City of Bremerton ¯ Area Proposed for Annexation 10% Petition March 2017 1 2 3 4 5 1 9 T H 6 7 8 9 10 11 12 13 14 17 19 Territory Proposed for 15 16 24 21 22 18 20 18T H Annexation 23 26 29 2728 20 30 31 32 33 34 35 1 7 T H 36 37 38 39 Legend Proposed Territory for Annexation Initial Petitioner Outside Utility Agreement (OUA) City Limits Urban Growth Area (UGA) 00.1Miles Corbet Drive Annexation Fiscal Analysis Attachment B: Growth Assumptions Corbet Annexation 2017 Existing & Projected Buildout Data Existing Conditions (2017)Projected Buildout (2037) Units Single Family3060 Units Multi Family08 Commercial GSF00 Number Operating 00 Businesses Estimated Total 69156 Population Total Parcels (Lots)3964 Lots Sewered1351 Lots City Water1864 Total Acres (Taxable 2222 Property) Total 73 Undeveloped/Open Acreage Total Assessed $4,822,860$13,866,860 Value Buildings Total Assessed $1,498,340$1,498,340 Value Land Total Assessed $6,321,200$15,365,200 Value Assumptions / Sources 1.Kitsap County Assessor Records checked against aerial photo for unit counts. 2.2.3 persons/household assumed. Figure suggested for use by OFM for Kitsap. 3.Gross Density of 6 DU / Acre assumed for remainder infill development lots. 4.All future buildout lots assumed to have water and sewer. 5.Average 2016 assessed value of single family home is applied to all units at buildout. 6.All dollar figures in 2017 dollars. April 11, 2017 CITY OF BREMERTON FISCAL IMPACTS OF WEST BREMERTON UGA AND GORST UGA ANNEXATION FINAL: AUGUST 5, 2015 Table of Contents 1.0 INTRODUCTION .............................................................................................. 1 1.1 Study Purpose ....................................................................................................... 1 1.2 Study Area Description ......................................................................................... 1 1.3 Document Organization ........................................................................................ 2 1.4 Approach and Methodology.................................................................................. 3 1.5 Data Sources .......................................................................................................... 4 2.0 ASSUMPTIONS ................................................................................................ 6 2.1 General Assumptions ............................................................................................ 6 2.2 Development Assumptions ................................................................................... 6 3.0 SUMMARY OF KEY FINDINGS ....................................................................... 8 3.1 Baseline Budget Assumptions (No Annexation) ................................................. 8 3.2 Annexation is Estimated to Provide a Net Fiscal Benefit to the City ................. 9 4.0 SHORT-TERM ANNEXATION IMPACTS ....................................................... 10 4.1 Short-term Operating Revenue Impacts ............................................................ 10 4.2 Short-Term Operating Cost Impacts .................................................................. 14 4.3 Short-Term Capital Impacts ................................................................................ 17 5.0 LONG-TERM ANNEXATION IMPACTS ......................................................... 21 5.1 Long-Term Operating Impacts ............................................................................ 21 5.2 Long-Term Capital Impacts ................................................................................. 21 APPENDIX A: GORST PREFERRED ALTERNATIVE LAND USE MAP ................. 27 1.0INTRODUCTION 1.1STUDY PURPOSE The City of Bremerton is considering annexation of the Navy Yard City, Rocky Point, West Hills, and Gorst Urban Growth Areas (UGAs), and this analysis was conducted to assist the City in assessing the fiscal implications of such an annexation. In 2014 a separate analysis was completed evaluating potential annexation of the Gorst UGA; this assessment differs from the 2014 analysis in that it combines the impact of annexing all four areas at the same time. The purpose of the analysis is to give the City an understanding of specific incremental fiscal impacts costs and revenues of such an annexation during the first five years after annexation. In addition, the City is interested in potential long-term fiscal impacts of annexation. This analysis assesses high-level potential impacts over the next 20 years to identify long-term risks, opportunities, and uncertainties the City of Bremerton should consider. 1.2STUDY AREA DESCRIPTION In 2014, the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs had a population of approximately 4,900 residents and an estimated 630 jobs. The four Potential Annexation Areas (PAAs) are shown in Exhibit 1. Exhibit 1: Potential Annexation Areas Map Source: Kitsap County, 2014; BERK, 2015. Navy Yard City UGA. The Navy Yard City is the largest of the four areas in terms of population and employment, with approximately 2,600 residents and an estimated 370 jobs in 2014. Rocky Point UGA. Rocky Point UGA is primarily residential, with a population of approximately 1,560 residents. West Hills UGA. In 2014, West Hills UGA had a population of approximately 480 residents and an estimated 15 jobs. Gorst UGA. In 2010, the Gorst UGA had a population of 222 residents and an estimated 237 jobs. Under the Preferred Alternative from the Gorst Subarea Plan developed in 2013, the UGA is planned to evolve into a complete community with places to live, play, shop, and work in a waterfront setting. Mixed uses would be allowed through much of the UGA. The waterfront area would allow lower intensity commercial uses with smaller impervious footprints interspersed by trails, parks, and reclaimed shoreline habitat. Under this alternative the UGA is assumed to add 1,060 people and 298 additional jobs by 2035. For a map that shows the future zoning of Gorst under the Preferred Alternative, please refer to Appendix A. 1.3DOCUMENT ORGANIZATION This document includes the following sections: Assumptions Short-Term Impacts Long-Term Impacts 2.0 Study Approach. This section introduces the approach and methodology of this study, and provides some additional background information in the purpose of the analysis. 3.0 Summary of Key Findings. This section presents the high-level findings around net fiscal impact of the annexation. 4.0 Short-Term Annexation Impact. This section presents the detailed findings for operating costs and revenues and capital costs and revenues for the first five years after annexation. 5.0 Long-Term Annexation Impacts. This section presents a high-level consideration of how the annexation may impact the City over the next 20 years. Appendix A. Gorst UGA Preferred Alternative Future Land Use Map. 1.4APPROACH AND METHODOLOGY This report presents planning-level operating cost and revenue estimates of annexing the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs into the City of Bremerton over the next five and twenty years. The report also addresses capital impacts of annexation including capital facility needs and capital revenue estimates. High-Level Planning Document It is important to note that this is a financial planning study and not a budget development exercise. The analysis is intended to provide a reasonable estimate of potential costs and revenues associated with annexation and to allow for the development and evaluation of alternative scenarios to test the implications of development assumptions, policy choices, and alternative service delivery options, to help the City determine how to proceed with the potential annexation of these areas. If the City proceeds with annexation, this analysis provides a basis from which the City can begin the process of planning for the higher service demands of a slightly larger city. However, the actual implementation will be accomplished through the regular budget process wherein City management will revisit the balance of costs and revenues in light of updated information and the overall needs of the City at that time. In addition, staffing projections used in this analysis are the best estimates given current information. The City will need to determine exact staffing levels for each department if annexation becomes a reality. There will likely be a transition phase as new staff are hired and trained, which can include substantial lead time. The number of personnel needed and the timing of hiring by position will have to be planned to a greater level of detail than was necessary for this planning-level analysis. 2014 Base Year Budget BERK started this study in mid-2014, and due to timing, used the 2014 City of Bremerton budget as a basis for building the baseline fiscal model. The preliminary draft results were submitted to City staff in late 2014. The City has since finalized the 2015 budget; however, after reviewing both 2014 and 2015 budgets, BERK determined that there were no considerable structural changes between these budgets. For this reason, BERK would not expect significant differences in planning-level results of the study and is comfortable with continuing to use 2014 as a basis for the analysis. finance staff, who confirmed the reasonableness of this assumption. Analysis Considers City With and Without Annexation To be an effective decision support tool, the analysis cannot consider fiscal impacts by looking just at the annexation areas alone, but instead must consider the potential impacts of annexation by comparing the fiscal outlook for the City of Bremerton under two alternative futures: (1) the future of the current City with boundaries unchanged and (2) the future of a larger version of the City that includes annexation of the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs. Analysis of these two alternative futures provides a truly comprehensive look at the potential implications of annexation on long-term fiscal sustainability. Land-Based Fiscal Model BERK developed an annexation fiscal model to estimate revenues and expenses for both the existing City and a post-annexation City. Taking the analysis into the future shows how the fiscal balance in the City might change over time and how annexation might affect the long-term fiscal outlook for the new, larger City. Ongoing Costs and Revenues The fiscal model estimates changes in the cost of services based on relationships between direct services, such as maintenance workers or planners, and underlying demographic and community changes, such as increases in population, housing units, commercial activity, and land area. Costs are separately estimated for labor and non-labor categories: Labor costs are based on current salaries and benefits and an assumed annual escalation rate. Non-labor costs in each department are driven by the current relationships between the number of Full Time Equivalents (FTEs) in that department and the magnitude of non-labor costs in that department. Non-labor costs that are unrelated to the positions in a department (such as facilities maintenance, which is related to the size of a building, or street lighting costs, which are related to lane miles) are separated from the department costs and estimated based on relevant cost drivers. The analysis of operating impacts focuses solely on the general and street funds, as these are the primary operating funds for the City. Enterprise funds, whose operations are generally self-supporting through user fees, are not addressed as part of the operating impact analysis. Capital Cost and Revenue The capital impact analysis includes capital costs from all City departments, including the enterprise funds, to capture all capital needs in the potential annexation areas. The capital revenue analysis focuses on general capital revenues, primarily the Real Estate Excise Tax. 1.5DATA SOURCES Data used in this report came from the following sources: City of Bremerton o City of Bremerton Budget, 2014 o Staffing detail, including position titles, FTEs, salary and benefit costs, 2014 o Bremerton Annexation of Gorst UGA Memo, 2014 o Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013 o Gorst Planned Action Environmental Impact Statement, 2013 o White Paper: Rocky Point Assumption Issues, 2014 o Bremerton Department of Public Works and Utilities, Capital Improvement Program Overview, 2014 o Bremerton Department of Public Works and Utilities, Water System Plan Update, 2012 o Bremerton Department of Public Works and Utilities, Wastewater Comprehensive Plan Update, 2014 o Bremerton Parks Department, Parks, Recreation & Open Space Plan, 2014 Kitsap County o Kitsap County Assessor, Parcel data, 2014 o Kitsap County, Buildable lands data, 2014 o Kitsap County Assessor, Personal property tax revenue, 2012 o Kitsap County GIS, Parcel and street layer, 2014 o Kitsap County, UGA Sizing & Composition Remand Final Capital Facilities Plan Update, 2012 o Kitsap County Parks, Recreation & Open Space Plan, 2012 o Kitsap County Public Works, Navy Yard City Sewer CFP 2015-2020, 2014 o Kitsap County Public Works, Sewer Utility Six-Year Capital Facilities Plan 2014-2019 o Kitsap County Public Works, Solid Waste Division Six-Year Capital Facilities Plan 2014-2019 o Kitsap County Public Works, Surface and Stormwater Plan Six-Year Capital Facilities Plan 2014- 2019 o Kitsap County Public Works, Transportation Six-Year Improvement Program 2015-2020 Puget Sound Regional Council o 2014 employment Washington State Department of Revenue o 2013 taxable retail sales Washington State Office of Financial Management o 2014 population o 2014 housing units 2.0ASSUMPTIONS 2.1GENERAL ASSUMPTIONS General Assumptions The analysis assumes that the City of Bremerton annexes the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs into the City in 2016. The analysis assumes annexation related costs and revenues accrue on an annual basis beginning in 2016. All analysis presented in this document is based on annual estimates. Actual impacts from annexation in any specific year will depend on the effective date of the annexation. Impacts in this document should be considered planning-level estimates for the City to understand the direction and magnitude of likely impacts. Escalation Assumptions. The analysis assumes a general inflation rate of 3.0% annually. Staff salaries are escalated at 2.0% annually. Benefits are assumed to grow at 6.5% per year in most years, with the following exception: benefits are assumed to jump by 15% in 2018 due to Affordable Care Act implementation rules regarding health plans. 2.2DEVELOPMENT ASSUMPTIONS The analysis is built on the premise that key factors in the land base (such as population, employment, and commercial activity) drive both demand for serv regarding fiscal and taxing policy (limited by tax laws). The BERK fiscal analysis framework is flexible and allows for varying assumptions about anticipated development in the City and annexation areas over time, and how these changes affect the underlying local tax base. In particular, the following elements are explicitly specified: (1) development assumptions including type, scale, and timing of new development; (2) type and mix of tenants, associated employment, and business income levels; (3) housing mix (single-family and multi-family) and density; and (4) productivity of new retail activity. development activity similar to that seen historically. Development assumptions for the potential annexation areas are described below. Exhibit 2 summarizes the population and employment projections that underlie the cost and revenue estimates in this study. The first column shows the current estimated housing units, population, and employment within the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs. The subsequent columns show the estimated housing units, population, and employment in the UGA boundaries over time. Exhibit 2. Development Metrics for Potential Annexation Areas (2014-2031) 20142016202120262031AAGR 2014-2031 Navy Yard City Housing Units1,3321,3651,4471,5291,6111% Population2,6132,7272,9163,1053,2941% Est. Employment3744355977769746% Rocky Point Housing Units7347648399159902% Population1,5571,6641,8432,0222,2012% Est. Employment22222- West Hills Island Housing Units2092302823343874% Population4805546798039274% Est. Employment1515151515- Gorst Housing Units10610714126852010% Population2222343115731,04010% Est. Employment2372372753424284% Total All Potential Annexation Areas Housing Units2,3812,4662,7103,0463,5082% Population4,8725,1795,7486,5037,4623% Est. Employment6286898891,1351,4195% Source: Kitsap County, 2014; BERK, 2015. Gorst. These development assumptions are based on the adopted Preferred Alternative in the 2013 Gorst Subarea Plan, which designated long-term growth targets for 2035. Interim years are interpolated based on conversations with planners and City staff, and give a conceptual representation of the pace at which the UGA may develop to reach its long-term targets. Immediately upon annexation in 2016, the City of Bremerton will add to its boundaries the 107 housing units, 234 residents, and approximately 237 jobs in the Gorst UGA. By 2021 units, 311 residents, and approximately 275 jobs. All of this activity would be located within the new boundaries of the City of Bremerton. Based on the Gorst Subarea Plan, this fiscal analysis assumes that Gorst will grow to approximately 520 housing units, 1,040 residents, and approximately 428 jobs by 2031. Navy Yard City, Rocky Point, and West Hills. Since a detailed subarea plan has not been developed for these subareas, development assumptions for this model were based on assuming similar build-out rates for these PAAs as for the Gorst subarea. Therefore, of the available capacity in each subarea, the same percentage of available residential and commercial capacity was assumed to be built out by 2035 in all four subareas. The driving assumption was the implicit build-out percentage from the Gorst Subarea Plan Preferred Alternative. 3.0SUMMARY OF KEY FINDINGS This section provides a brief overview of the key findings of how annexation of the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs will impact the City of Bremerton, based on the conceptual development assumptions identified above. This section quantifies the impacts for both operating costs and revenues as the City transitions through the annexation. Short-term impacts, defined as 2016-2020, are explained in more detail in Section 4.0. Longer-term impacts of annexation (after 2020) are described in Section 5.0. 3.1BASELINE BUDGET ASSUMPTIONS (NO ANNEXATION) While all cities across the state are different in terms of tax bases, mixes of commercial and residential land uses, and fiscal policies, almost all cities face structural challenges in local government funding that have led to the cost of municipal services growing at faster rates than tax and fee revenues. This creates an ongoing budget challenge for cities to maintain adequate levels of service without changing tax and fee policies. The most significant contributors to this underlying structural challenge have been the result of two voter approved initiatives: 1.Initiative 695, which was passed by voters in 1999, reduced Motor Vehicle Excise Tax rates to a flat $30 fee. A portion of these revenues were used to support sales tax equalization payments that were a significant funding source for many cities with lower than average sales tax collections. 2.Initiative 747 (and subsequent legislative action to restore the provisions of the Initiative after it was declared unconstitutional by the Supreme Court in November 2007) limits growth in property taxes to 1% per year, without voter approval. The effect of this change was to reduce the rate of growth in property tax revenues, which is one of the three most important sources of local government funding, to a rate that, in most cases, is lower than general inflation. The 1% limit does not apply to the value of new construction. As a result, a projection of revenues and costs that assumes no change in current policies (tax or level- of-service) suggests the City of Bremerton can expect to face budget deficits in the coming years. This finding is consistent with the common fiscal challenge in most other cities in Washington State and is principally related to the impact of rising costs of doing business and additional staffing related to in-city growth needed to maintain existing levels of service. Since a city cannot operate with a budget deficit, the Bremerton City Council will make choices each budget cycle to bring cost and revenue growth into alignment and maintain a balanced budget every year. When analyzing annexation, it is important to consider that the way in which the City chooses to address any baseline operating deficits may change the potential impacts of annexation. For example, if the City were to consider raising business or residential taxes to close the gap, the different tax rates would change revenues expected from the annexation areas based on the individual land base in those areas. If the approach were to reduce costs by modifying levels of service, then these revised levels of service would reduce costs associated with annexation in different proportions, again based on the land base and the corresponding demand for services. future budgets, and the City does not need to make those decisions at this time. Since the goal of this annexation study is to evaluate the incremental fiscal impacts of a potential annexation, it analyzes a scenario which assumes continuing current policies. This results in a long-term outlook that shows increasing budget deficits. These long-term deficits represent the structural imbalance between municipal cost and revenue growth rates. In reality, the City will balance its budget in any given year. 3.2ANNEXATION IS ESTIMATED TO PROVIDE A NET FISCAL BENEFIT TO THE CITY The key finding of this analysis is that the annexation of the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs will have a slight negative impact in the short-term to the City of Bremerton, and a moderate annual benefit in the medium- to long-term. A high-level picture of this finding is shown in Exhibit 3. Exhibit 3 Estimated Long Term Net Fiscal Impact of Annexation Source: BERK, 2015. Note: This Exhibit if no changes were made to policies that impact costs and revenues. In reality, the City Council will balance its budget each year. This table represents the impact that the Navy Yard City, Rocky Point, West Hills, and Gorst UGAs current cost and revenue structures. The Exhibit shows that in the near term there may be a slight negative impact, as the City may need to hire some staff before the full revenue impacts of the UGA are realized. In addition, the near term figures include impact of potential property tax and sales tax revenue sharing with Kitsap County (approximately $785,000 in 2017; see Section 4.1 for more information). The short-term and long-term impacts on revenues and costs are described in more detail in the following sections. Specific decisions around long-term service decisions for police and fire services may change the long-term impact. 4.0SHORT-TERM ANNEXATION IMPACTS 4.1SHORT-TERM OPERATING REVENUE IMPACTS Exhibit 4 shows short-term estimated revenues that would accrue to the City of Bremerton from annexation of the Potential Annexation Areas (PAAs), assuming annexation in 2016. All analysis presented in this document is based on annual estimates. Actual impacts from annexation in any specific year will depend on the effective date of the annexation. This analysis of operating impacts only includes revenues for the General Fund and Street Fund. Exhibit 4 Annual Annexation Revenue Impacts, 2016-2020 (Assuming 2016 Annexation Year) Operating Revenues20162017201820192020 Revenues not assuming any revenue sharing Sales Tax629,000665,000698,000735,000777,000 Criminal Justice Tax60,00063,00066,00068,00072,000 Property Tax/Road Levy01,088,0001,128,0001,168,0001,209,000 Leasehold Excise Tax00000 Utility Taxes296,000312,000330,000347,000368,000 Commercial Parking Tax00000 Gambling Tax00000 Solid Waste Franchise Fee19,00020,00021,00022,00023,000 Building Permits and Fees57,00059,00061,00063,00065,000 Business Licenses and Permits11,00012,00013,00014,00015,000 EMS Levy0191,000192,000192,000193,000 Liquor Board Profits and Excise Tax52,00054,00056,00059,00061,000 Gas Tax104,000106,000108,000110,000113,000 Planning and Plan Check Fees23,00024,00024,00025,00026,000 Municipal Court Costs61,00063,00065,00067,00069,000 Fines and Forfeits134,000140,000147,000153,000161,000 Recreation Charges(13,000)(13,000)(11,000)(10,000)(9,000) Grants and Other Intergovernmental108,000113,000119,000124,000129,000 Other Charges29,00031,00032,00033,00035,000 B&O Tax000329,000329,000 Police Services and Ambulance Transport Fees68,00071,00074,00076,00079,000 Internal Charges for Service00000 Total1,638,0002,999,0003,123,0003,575,0003,715,000 Potential Impacts of Revenue Sharing (472,000)(333,000)(174,000)00 Loss in Sales Tax Revenue Loss in Property Tax Revenue0(451,000)(312,000)(161,000)0 Total After Revenue Sharing1,166,0002,215,0002,637,0003,414,0003,715,000 Source: City of Bremerton, 2014; and BERK, 2015. Exhibit 4 provides two different pictures of the level of revenue the City may receive from annexation. The top portion of the table shows the full level of revenue that would be generated by the PAAs. The bottom portion of the table provides a picture of how revenues may accrue to the City if the City were to sign a revenue sharing agreement with Kitsap County to mitigate the impacts of annexation on the s. Such an agreement would only be put in place if the interlocal method of annexation were used. Currently, the City is not subject to a revenue sharing agreement with Kitsap County. However, for the purpose of providing a conservative fiscal analysis, the revenue estimates assume that the City may choose to participate in revenue sharing. The 2020 revenue impacts shown in Exhibit 4 reflect a stable picture of the PAAs going forward, given the assumption that any potential revenue sharing agreements with Kitsap County would be completed by 2020. In 20203.7 million in revenue from the annexation of these areas. This amount would grow going forward based on inflation as well as increased development in the UGA as services are built out. Operating Revenue Detail This section describes the methodology used to estimate the primary revenue items described above. Primary Revenue Sources As with many cities in Washington State, the three largest revenue sources for the City of Bremerton are Sales Tax, Property Tax, and Utility Taxes (including Payments In Lieu of Taxes (PILOT)), which make up approximately 60% of the 2014 general and street fund operating revenues. Additionally, the City levies a Business & Occupation (B&O) tax that is a significant revenue contributor, although the City is working to reduce this source of revenue over time. Sales Tax. Taxable retail sales are assumed to increase by 0.5% per year more than the general inflation rate of 3.0% used in this analysis. If the City entered a revenue sharing agreement with Kitsap County to offset the impact to the County of losing the UGA, this analysis assumes the City would receive 25% of sales tax revenues generated in the UGA in 2016, 50% in 2017, 75% in 2018, and 100% of revenues thereafter. Any actual revenue sharing agreement would be negotiated with the County and may vary from these assumptions. Property Tax. The property tax revenue (the amount that the City can collect) is limited to 1% or IPD (Implicit Price Deflator), whichever is lower, above the previous year collections plus a levy on the value of new construction. In future years, the base assessed value in the City and annexation areas is expected to increase at a rate of 2% (0.5% below inflation). Additional assessed value will be added to the area through residential and commercial development. If the City entered a revenue sharing agreement with Kitsap County to mitigate the impacts of annexation on th with the County using the same ratios as described above for sales tax. The timing of annexation will impact when the City begins to collect the property tax levy from the PAAs. Collections would only begin in 2017 if the City annexes the UGA early in 2016. Utility Tax and PILOT. Utility taxes for telephone, gas, cable, electricity, and garbage are assumed to grow based on the combination of population and employment in the PAAs. Current rates of these utility revenues relative to population and employment in the City of Bremerton were applied to assumed population and employment totals in the UGA to estimate utility revenues generated within the UGA. The City utility systems transfer Payments In Lieu of Taxes (PILOT) to the General Fund. PILOT payments include water, wastewater, and stormwater systems and are charged to the utility as a percentage of the total revenue from all customers. These revenues are similar to utility taxes and are projected in a similar fashion. The City already provides water service within Gorst, Navy Yard City, and West Hills, and charges a 50% surcharge for these customers since they are outside city limits. Rocky Point currently has its own water district, although the water is purchased from the City of Bremerton; this study assumes that the Rocky Point Water District would be absorbed into the City upon annexation. Therefore, annexation of these UGAs would result in a decrease in revenues from these customers to the utilities. This will subsequently result in a decrease in PILOT revenues to general and street funds (approximately $95,000 in 2016). Business & Occupation Tax. City of Bremerton is slowly reducing its dependency on B&O taxes as a major revenue source by increasing the total Gross Business Income (GBI) exemption by $20,000 per year until the tax is no longer collected (Bremerton Municipal Code 3.48.050(2)(b)). In 2015, this exemption is at $120,000. Due to this provision, B&O tax receipts have generally stayed flat over the last several years. To account for this going forward, B&O revenues for both the City and the annexation areas are projected to stay at current levels throughout the timeframe of this analysis, effectively reducing the real value over time. In addition, business in the PAAs annexation. Therefore, B&O tax revenues are assumed to begin accruing to the City in 2019. For existing Gross Business Incom apply, since the majority of business activity in Gorst comes from the retail sector. This tax rate is 0.125%. For the increase in GBI from development within the UGA, this analysis uses an effective tax rate of 0.1625% to account for exemptions and varying rates based on types of businesses. This effective rate the City. Other Revenue Sources The City receives revenue from many other sources, as described below. Criminal Justice Tax. Kitsap County levies a dedicated sales tax to support criminal justice expenditures. This 0.1% sales tax is collected by the state Department of Revenue, and is distributed to counties and cities on a per capita basis. In 2014, Bremerton estimates per capita criminal justice sales tax revenue at approximately $11.04 per capita. Future revenues are calculated on a per capita basis, with the annual per capita revenue assumed to increase at the rate of inflation. Solid Waste Franchise Fee. The Solid Waste provider in the City pays a franchise fee for providing this service within the City limits. These revenues are projected on a per capita basis and are estimated to be $3.51 per resident in 2014. These fees are assumed to extend into the PAAs upon annexation. Building Permits and Fees, and Planning and Plan Check Fees. These fees help cover the cost of staff that review building plans and permit applications for residents. Since the City does not set its fees on a strict cost recovery basis, these revenues are estimated on a per capita and per job basis, and are assumed to increase both with inflation as well as with increases in population and employment. Business Licenses and Permits. The City of Bremerton charges a fee to obtain a business license within the city limits. These revenues are projected based on the ratio of total employment in the City and the annexation areas. Annual employment estimates are generated from land use and development assumptions within the model. EMS Levy. The City of Bremerton is currently authorized by voters to levy an Emergency Medical Services tax. The maximum allowable levy is $0.50. In 2014, the levy rate was $0.50, since it was renewed at the maximum rate in August 2014. Because the EMS Levy is a form of property tax, is it subject to the same 1.0% annual increase plus new construction in years without voter-approved increases. It is therefore assumed that the levy revenue will begin to stabilize going forward as assessed values begin to grow at a pace more in line with historical growth as the region recovers from the recession. The timing of annexation will impact when the City begins to collect the EMS levy from the PAAs. Collections would only begin in 2017 if the City annexes the UGA early in 2016. Liquor Board Profits and Excise Tax. According to Washington State law, a share of the state profits from liquor sales and state collected excise tax on liquor is distributed directly to cities on a per capita to be $9.89 in 2014. This per capita estimate is assumed to increase with inflation. Gas Tax. A portion of the state-collected gas tax is shared directly with municipalities, which bear a substantial portion of the overall costs of road maintenance and construction. The gasoline and diesel tax is a flat amount levied per gallon (rather than a percentage of the price at the pump). Cities are allowed to use this funding for maintenance or capital, and Bremerton uses the full funding capita gas tax allocation of $20.03 in 2014. Since the tax is a per-gallon tax and not impacted by changes in prices, this per capita number is assumed to remain constant into the future. Municipal Court Revenues. These revenues are collected through fees that help cover the cost of Municipal Court services. These revenues are estimated to grow with increases in population and employment going forward, with the per capita and per employment amount growing with inflation into the future. Fines and Forfeits. Tcurrently projects the per capita revenues for fines and forfeits to be approximately $24.53 in 2014. This per capita estimate is assumed to increase with inflation going forward. Recreation Charges. This analysis assumes that current UGA residents are already using and recreation services, and therefore new revenue will only come from population growth from development within the UGA. Users who live in the PAAs and currently pay for parks and recreation services are charged a 25% surcharge for being non-residents. Therefore, there would be some loss in revenue from these uses being transitioned into the City at first. Over time, the revenue from new users will offset revenue loss from the 25% non-resident surcharge. Grants and Other Intergovernmental Revenue. The grants and transfers from other government agencies considered in this analysis are for operational expenditures only, not for capital projects. Future revenues from these sources are estimated on a per capita basis and applied to the annexation 2014 budget, are $20.08 and are assumed to increase at the rate of inflation. It is important to note that it is difficult to estimate this source of revenue, as grants tend to fluctuate widely from year to year, and that very little additional revenue will likely be seen from annexation. Police Services and Ambulance Transport Fees. The City estimates it will receive approximately $323,100 in 2014 from law enforcement services, such as fees for police service, fingerprint fees, and to be approximately $20.57 in 2014. This per capita estimate is assumed to increase with inflation going forward. This analysis assumes that the City would take over provision of fire and EMS services for Rocky Point, West Hills, and Navy Yard City. Bremerton Fire Department estimates approximately five ambulance transports per month from Navy Yard City, resulting in approximately $21,000 in additional revenue per year. Other Charges. This analysis models approximately $250,000 in other miscellaneous revenues. These charges include revenue streams such as investment interest, donations, miscellaneous permits and fees not related to buildings or businesses, and other minor charges for City services. Currently the revenue approximately $6.79 in 2014. This per capita estimate is assumed to increase with inflation going forward. Car Tab Fees. These fees currently accrue to the Transportation Benefit District (TBD) and are used to improve and repair existing streets. Tab fees are approved for a six year period and there is no existing City policy on allocating these revenues between capital and operating projects. In addition, any TBD revenues dedicated to operations in the Street fund are typically offset by expenditures to carry out the work plan, resulting in a net fiscal impact of zero. For these reasons, car tab fee revenue estimates are not included in this study. Leasehold Excise Tax, Commercial Parking Tax, Gambling Tax, and Internal Charges for Service. These revenues are not expected to be impacted by the annexation of these PAAs, as the taxes are structured 4.2SHORT-TERM OPERATING COST IMPACTS Exhibit 5 summarizes the estimated cost impacts of a 2016 annexation in 2020 five years later. The chart shows 2020 because it presents a snapshot of the short-term impact of annexation once development in the PAAs has begun and the departments have hired up to their full short-term need. Years 2016-2019 are not shown in the table because the exact impact in any one year will depend on how the City chooses to ramp up its hiring. The City will need to weigh the impacts on the ground as well as the actual revenue increases from the PAAs to determine when hiring decisions need to be made. The methodology behind these hiring numbers is described after the chart. Exhibit 5 Snapshot of Annexation Staffing and Cost Impacts, 2020 Source: BERK, 2015. The annual costs listed next to the FTE amounts reflect the total annual cost increase in each of these departments due to annexation. In some cases, these increases include equipment, supplies, utility costs, and contract charges. Operating Cost Detail Operating cost and staffing impacts were estimated based on our land base fiscal model and refined after conversations with City staff. The following departments are estimated to receive cost impacts from the annexation: Finance. The finance department will likely need to add one additional Accounting Assistant II beginning in 2017 to handle the increase in licensing activity, and about 0.5 FTE additional payroll specialists to handle increased staffing levels in other departments. Police. The Police Department currently serves the City in five patrol areas with a total of 71 FTEs including commissioned and non-commissioned staff. According to the Bremerton Police Department, annexing all four PAAs at the same time would trigger the need for a new patrol area to serve the residents and businesses in these areas with the same response times that other City residents receive. While Rocky Point, West Hills, and Gorst do not currently generate a large call volume, Navy Yard City is known for a high volume of service calls related to felony crimes. If a new patrol area were added, it would require 6.0 FTEs to provide full-day patrol service. There would also be a need for 0.5 FTE Community Resource Specialists. There is a timing gap of approximately one year that exists for Police Officers between testing, academy, training, and readiness for patrol activities. To bridge this gap and also to phase-in the annexation impact in the short-term, the Police Department could add two FTEs to the graveyard shift (8pm until 6:40am) to cover the time with the highest number of calls. Another option is adding two FTEs to the graveyard shift and two FTEs to the day shift (6:20am until 5pm) to have better service coverage. However, both of these scenarios would still likely result in slower response times to the PAAs and possibly the City until the new patrol area is added. These additional staff members will necessitate a one-time capital investment for new vehicles (3 patrol cars at $42,000 each, using ratio of two officers per car) and equipment ($5,000 per officer, $30,000 total). Fire. The four PAAs differ in their estimated impacts to fire services: o Gorst. Given the geographic constraints of the UGA, the City plans to contract with South Kitsap Fire and Rescue (SKFR) to continue providing service to Gorst. The City would pay for this service $100,000 annually beginning in 2014, and would increase over time with development in Gorst. o Rocky Point. Similar to Gorst, this area is currently served by SKFR. The City already responds to calls in this area based on mutual aid agreements, and the Fire Department estimates that they can provide service to this area with no additional staffing. o West Hills. This area is currently served by Central Kitsap Fire and Rescue (CKFR). Considering the small geography and low call volume, the Fire Department estimates that they can provide service to this area with no additional staffing. o Navy Yard City. This area is also currently served by SKFR; unlike other PAAs, it generates high volumes of calls for service. The Fire Department estimates that annexing this area will necessitate changes to the current response zones including the need for two additional firefighters. In addition, the City would likely need to add one FTE for additional fire inspection services. This within the annexation areas s fire code as they come into This staff person would also support the need for additional inspections as development ramps up in Gorst. Municipal Court. The City currently contracts for public defender services, budgeted at $285,000 per 2014 budget. Since the increase in demand for these services is driven by caseload, this analysis assumes that this contract will increase proportionally with population growth over time. To estimate the impacts of annexation, the current per capita cost of this contract within the City was applied to the increase in population from annexation. This approach results in an estimated cost of approximately $17,000 in 2014, growing with both inflation and population going forward. This contract cost also grows over time due to population increase within the current city boundaries. Considering caseload increases in the current city and annexation areas, the total contract is projected to increase to approximately $380,000 in 2020. In addition, the City will likely need to increase to hear a higher number of cases. This can be accomplished by increasing the contracted number of hours with the Court Commissioner, estimated to cost approximately $15,000 per year. This cost will continue to increase with inflation annually until 2021 when an additional part-time judge (or bigger contract for the Commissioner) is estimated to be needed. The total cost impact of annexation is estimated at $37,000 in 2020. Community Development. The community development department will likely need to add 1.5 FTE additional Building Development Specialist II (building inspector and plan reviewer) to handle the increase in permit activity citywide. These additional staff members will necessitate a one-time capital investment for a vehicle when they are hired. The analysis assumes a one-time cost of $36,000 for vehicle and other equipment. Parks Maintenance and Recreation Level of Service (LOS) requires a neighborhood park to be within ½ mile pedestrian distance of all residences. Based on the land area included in the PAAs and the locations of existing neighborhood and community parks, the model estimates there would need to be seven new neighborhood parks to meet LOS requirements for the newly annexed areas. Using a minimum of 1.5 acres per new neighborhood park, this translates into a minimum of 10.5 acres of new park area in the annexed areas. Assuming a maintenance cost to the City of approximately $4,000 per developed acre, this would generate about $42,000 in costs per year once the parks are developed (reflected in the model as 0.25 FTE laborer, with associated non-labor costs). While the exact development timeline of these parks is unknown, this analysis assumes maintenance beginning in 2019 to provide the City with a conservative estimate of cost impacts. Additionally, based on population growth, the City may need to hire approximately 0.25 FTEs in recreation program staff to support additional recreational users once residential development in the UGA comes online. Street Maintenance. The new lane miles that will be added to the City through annexation, from both the existing roads in the PAAs as well as new roads that will be built as the UGA develops, will drive the need for additional maintenance staff. Based on the constraints of hiring for partial positions, the City would have to add a full 2.0 FTE based on the additional demand. Additionally, there will be marginal costs related to the additional lane mileage beyond staff time, including supplies, materials, and utility costs to support the maintenance work. This results in annual costs of significantly more than just salaries and benefits for the 2.0 FTE. These additional non-labor costs are based on the average non-labor costs per FTE that the City currently budgets in the Street Fund. Non-Departmental Impacts. In addition to department-specific impacts, the growth in population and development will result in marginal cost increases to election services, population-based contracts with other jurisdictions, and programs like animal control. These costs are based on the share of population between the baseline City and the City after annexation. This analysis of non-departmental impacts includes the following major costs: o Election services o Care and custody of prisoners o Animal Control o Kitsap County emergency management contract o Public health district contract and alcoholism programs Additionally, the City may incur additional costs from assuming responsibility for the proportionate PAAs. In total, non-departmental impacts are estimated at about $100,000 per year immediately after annexation, and the majority of these costs will grow with inflation and population over time. The analysis assumes that the other departments not mentioned explicitly above such as City Council, Legal, will not be impacted. 4.3SHORT-TERM CAPITAL IMPACTS The following provides an overview of short-term capital facility projects between 2015 and 2020 with an assumption of annexation in 2016. Overall, there are nine separate short-term capital facility projects identified, totaling approximately $18.6 million. Responsibility for these projects is divided between the City of Bremerton, Kitsap County, public grants, and local utility LIDs. Exhibit 6 provides a list of the individual projects by capital facility type, PAA, and funding source. Exhibit 6 Planned Short-term Sewer Capital Projects SOURCE: City of Bremerton Wastewater Comprehensive Plan Update, 2014; Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013. City of Bremerton Responsibilities For purposes of this analysis, capital facility projects financed by user fee assessments (UFA) were classified as City of Bremerton projects. A conservative approach was taken whereby projects that either have full or partial City funding ownership including UFAs were categorized as City funded projects. As a result, it is estimated that approximately $15.9 million in short-term capital facility projects would be funded by the City. The following provides a brief overview of short-term capital facility projects by capital type for those projects identified as having City-based funding sources. Fire. (Cost: None). There were no short-term capital impacts related to Fire services for annexation. Police. (Cost: None).There were no short-term capital impacts related to Police services for annexation. Parks. (Cost: None). There were no short-term capital impacts related to Parks services for annexation. Sewer. One to seven projects (Cost: up to $15.3 million). A total of seven short-term sewer capital facility projects have been identified that are located across the four annexation areas. The four PAAs differ in their respective estimated impact to short-term sewer capital facilities as listed below. Note: Some projects overlap or cross annexation geographies and may be listed more than once. Gorst. (Cost: Up to $200,000). One short-term sewer-related capital improvement project was identified for Gorst, the Grout Annular Space of SW Bremerton Force Main. This project is funded by the City via user assessment fees. Navy Yard City. (Cost: Up to $6.9 million). Three short-term sewer capital facility projects have been identified for Navy Yard City including: o Westside WWTP Outfall o East and West Bremerton UGA Sewerage ULID Development o Grout Annular Space of SW Bremerton Force Main All of these projects would be financed by a combination of user fess assessments, grants, and/or utility LIDs. Navy Yard City Additional Context: Prior to the current annexation study, the County expressed interest in the City taking ownership of the Navy Yard City sewer infrastructure. However, as the infrastructure for this area dates to WWII there are significant related operating, maintenance, and capital facility costs. Approximately five years ago the County offered the City $1,000,000 in capital funding to support transition to City ownership. At the time, it was decided that City ownership did not make sense from a financial perspective and transition of ownership to the City did not take place. Currently, there is one short-term sewer capital facility project listed within the Kitsap County Public Works Sewer Utility Six-Year Capital Facilities Plan the Navy Yard City I & I Collection System Improvements project, with an estimated cost of $2.7 million. Based upon conversations with the City, this project would need to be completed by the County as a prerequisite for annexation. Rocky Point. (Cost: up to $8.8 million). A total of four short-term capital improvement projects have been identified including: o Jackson to Corbet Drive Sub Basin RP-3 o Phinney Bay Extension Sub Basin RP-3 o Sewer Collection Sub Basin RP-5 o East and West Bremerton UGA Sewerage ULID Development All of these projects would be financed by a combination of user fess assessments, grants, and/or utility LIDs. West Hills. (Cost: up to $1.5 million). Two short-term capital facility projects have been identified including: o Ostrich Bay Extension o East and West Bremerton UGA Sewerage ULID Development All of these projects would be financed by a combination of user fess assessments, grants, and/or utility LIDs. Stormwater. One project (Cost: up to $600,000). The Gorst Creek Watershed Capital Improvement Plan lists the need for a Flood Cause Study to evaluate flooding within the UGA. The plan estimated the cost of the study at $600,000 and designated the City of Bremerton as responsible for funding. Listed revenue sources for this Flood Cause Study include the stormwater fund and grants. There were no other short-term stormwater capital facility projects identified in the remaining PAAs. Transportation: (Cost: TBD). There were no short-term capital impacts related to transportation for annexation. Water. (Cost: None). There were no short-term capital impacts related to water capital facilities for annexation. Short-term Capital Revenues funded by the enterprise funds themselves. The City manages four capital improvement funds general capital improvements, park facilities construction, Washington Avenue connector, and Lower Wheaton Way. The largest funding sources for Washington Avenue connector and Lower Wheaton Way are grants, which are not expected to be impacted by annexation. The remaining capital funds are primarily supported by the Real Estate Excise Tax (REET). This section describes how the annexation would generate additional REET revenues. Real Estate Excise Tax. The REET is levied on all sales of real estate, both commercial and residential, that occur within City boundaries. The City collects REET at a 0.5% tax rate based on the transaction price of the sale. To estimate REET revenues, this analysis makes assumptions about the turnover rate of properties within the PAAs. The current rate of real estate sales is still slightly lower than historical averages due to the recovery from the recession. To be conservative, this analysis assumes a turnover rate of 4.0% for residential properties and 2.5% for commercial properties through 2015, and then a return to a more typical rate of 5.0% for residential properties and 3.5% for commercial properties for 2016 and beyond. These assumptions result in the following REET revenue impacts from the PAAs: in the near term, 2016- 2020, the City is estimated to receive a total of approximately $675,000 in REET revenues from the PAAs, or an average of about $135,000 per year. This is based on turnover of existing property as well as sales of new development. This compares to approximately $400,000 in the REET revenue per year, which is expected to increase as the economy recovers and development returns to a more typical pace. The City has additional revenue sources, besides REET, that can be used for capital funding. These include the Motor Vehicle Fuel Tax and the Commercial Parking Tax. However, given current pressures on operations through the general and street funds, it may be difficult for the City to reallocate significant portions of these funds to capital expenditures in the short-term. 5.0LONG-TERM ANNEXATION IMPACTS 5.1LONG-TERM OPERATING IMPACTS Over the long run, it is estimated that revenues generated by activity in the PAAs will be higher than costs and staffing needs generated by the areas. These general long-term fiscal impacts of annexation mirror the short-term findings, as shown in Exhibit 3, and will result in a positive annual impact to the City o However, as with any long-term financial analysis, there are risks inherent in some of the revenue and cost analysis that could arise. A few issues that could substantially change the long-term outlook include: Development Assumptions. The development assumptions included in the model drive nearly all of the cost and revenue findings presented above. Very few impacts are generated simply by the geography of the annexation, rather they are generated by the people and businesses that choose to live and operate there. Therefore, there would be risk if the PAAs did not develop as quickly as planned. The risk is primarily that the PAAs would not have as large of a fiscal benefit to the City. Given the moderate current population and the low level of service need, a lower development rate would result in both lower costs and revenues, resulting in a minor and possible negligible fiscal benefit if development did not occur. Fire Service Needs. The short term impacts of annexing Gorst UGA are to be addressed through a contract with South Kitsap Fire & Rescue. However in the long term, the City would need to look at providing these services directly. In that case, the City would need a fire station (of which there is one currently in Gorst), an engine/paramedic unit, and 6- 5.2LONG-TERM CAPITAL IMPACTS Over the remainder of the study period, there are additional capital facility needs, particularly for parks, sewer, stormwater, and transportation facilities. Responsibility for these projects is divided between the City of Bremerton, Kitsap County, Washington Department of Transportation (WSDOT), and private property owners via local utility LIDs. All Capital Facility Needs The scope of this analysis does not include a new examination of all this section focuses on compiling and describing the capital needs identified in recent capital facility needs analyses including: City of Bremerton, Bremerton Annexation of Gorst UGA Memo, 2014 City of Bremerton, Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013 City of Bremerton, Gorst Planned Action Environmental Impact Statement, 2013 City of Bremerton, White Paper: Rock Point Assumption Issues, 2014 Bremerton Department of Public Works and Utilities, Capital Improvement Program Overview, 2014 Bremerton Department of Public Works and Utilities, Water System Plan Update, 2012 Bremerton Department of Public Works and Utilities, Wastewater Comprehensive Plan Update, 2014 Bremerton Parks Department, Parks, Recreation & Open Space Plan, 2014 Kitsap County, UGA Sizing & Composition Remand Final Capital Facilities Plan Update, 2012 Kitsap County Parks, Recreation & Open Space Plan, 2012 Kitsap County Public Works, Navy Yard City Sewer CFP 2015-2020 Kitsap County Public Works, Sewer Utility Six-Year Capital Facilities Plan 2014-2019 Kitsap County Public Works, Solid Waste Division Six-Year Capital Facilities Plan 2014-2019 Kitsap County Public Works, Surface and Stormwater Plan Six-Year Capital Facilities Plan 2014-2019 Kitsap County Public Works, Transportation Six-Year Improvement Program 2015-2020 City of Bremerton Responsibilities Funding sources for the identified long-term capital facility projects vary by project type and include the City of Bremerton, Kitsap County, WSDOT, grants, and local utility LIDs. For purposes of this analysis, capital facility projects financed by user fee assessments (UFA) were classified as City of Bremerton projects. Overall, after the year 2020 there are 32 projected capital facility projects located across the PAAs, totaling $51.3 million. Exhibit 7 provides a high level summary of long-term capital facility costs by jurisdictional funding source with an estimated $33.8 million worth of capital facility projects to be funded by the City of Bremerton. As shown in detail in Exhibit 8, there are multiple long-term capital facility projects whose funding sources are either undetermined or potentially shared. As a result, a conservative approach was taken whereby projects that either have full, potential, or undetermined City funding ownership were listed as City of Bremerton projects. A brief discussion of long-term capital facility projects by facility type is provided below. Exhibit 7 Long-term Capital Facility Projects by Jurisdiction CityCountyCounty/StateStateTotal FireTBD---$ - ParksTBD---$ - Police----$ - Sewer$ 31,890,000---$ 31,890,000 Stormwater$ 1,858,000-$ 456,000$ 3,224,000$ 5,538,000 TransportationTBD$ 12,804,000--$ 12,804,000 Water--$ 1,100,000-$ 1,100,000 Total$ 33,748,000$ 12,804,000$ 1,556,000$ 3,224,000$ 51,332,000 Source: Kitsap County/City of Bremerton Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013; City of Bremerton Wastewater Comprehensive Plan Update, 2014; City of Bremerton Parks, Recreation & Open Space Plan, 2014; Kitsap County Public Works Transportation Six-Year Improvement Program 2015-2020; City of Bremerton Wastewater Comprehensive Plan Update, 2014. Fire. New fire station and equipment (Cost: TBD). Upon annexation, the South Kitsap Fire & Rescue district would provide support services including equipment to the Gorst UGA. Over the long-term the City would assume fire service to this area requiring a fire station and the purchase of related equipment (e.g. fire engine, paramedic unit). The estimate for these costs are undetermined but would be needed as part of long-term capital facilities planning for the City. Police. (Cost: None). There were no long-term capital impacts related to Police services for annexation identified. Parks. Seven additional neighborhood parks totaling 10.5 acres in size (Cost: TBD). To meet Level of Service (LOS) standards established by the City, a neighborhood class level park is required to be within ½ mile pedestrian distance of all residences. Based on the land area included in the PAAs and the locations of existing neighborhood and community parks, the analysis estimates there would need to be seven new neighborhood parks to meet established LOS requirements within the newly annexed areas. The LOS park analysis excludes both Pendergast Park Regional Park in Navy Yard City and Harborside Fountain Park in Bremerton. Using a minimum of 1.5 acres per new neighborhood park, an additional seven new parks would translate into a minimum of 10.5 acres of new park lands that would need to be purchased in the annexed areas. The estimated cost of purchasing new park lands depends on a variety of factors such as location, site topography, potential remediation needs, and other factors. Estimating this cost is outside the scope of this analysis; this cost remains undetermined. Exhibit 8. Long-term Capital Facility Projects by Capital Facility Type Funding Capital Facility UGAProjectsCostsYear 3 Type Source FireAllFire station; engine/paramedic unitTBD> 2020TBD 1 All7 Additional neighborhood parks (10.5 acres) TBD> 2020TBD Parks PoliceAllNone$0> 2020- SewerNavy Yard CityReplace Crosstown Pipeline (#C-3)$8,600,000> 2020UFA SewerNavy Yard CitySR 304 Sewer Collection (#NS-3)$4,280,000> 2020UFA/G SewerRocky PointPump Station MD-2 (#NS-2B)$4,730,000> 2020UFA/G SewerRocky PointPump Station MD-3 (#NS-2C)$2,830,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin MD-1 (#NS-1A)$2,550,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin MD-2 (#NS-1B)$1,320,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin RP-1 (#NS-2D)$1,220,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin RP-2 (#NS-2E)$2,180,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin RP-4 (#NS-2G)$820,000> 2020UFA/G SewerRocky PointSewer Collection - Sub Basin RP-5 (#NS-2H)$1,910,000> 2020UFA/G SewerWest HillsNorth Extension (#NS-4B)$1,450,000> 2020UFA/G StormwaterAllNPDES UpgradesTBD> 2020TBD StormwaterGorstGorst Creek floodplain flooding$15,000> 2020TBD StormwaterGorstHighway flooding from two creeks$3,224,000> 2020WSDOT StormwaterGorstHillside seepage & stream overbank flooding$99,000> 2020TBD StormwaterGorstPrivate storm sewer piping creating sink hole & fish $456,000> 2020County/State passage barrier StormwaterGorstRoadway undermining and culvert clogging$13,000> 2020UFA/G StormwaterGorstStorm drain piping & sink hole$216,000> 2020TBD StormwaterGorstStream overtopping$1,049,000> 2020TBD StormwaterGorstUpstream Culvert 12 inlet flooding and fish $292,000> 2020TBD passage, Map ID #111010 StormwaterGorstWater quality concerns with yard flooding$0> 2020- StormwaterGorstWater quality with private pond$0> 2020- StormwaterGorstWSDOT Hwy 3 flooding$174,000> 2020TBD 2 AllPossible bike improvementsTBD> 2020TBD Transportation TransportationAllPossible pedestrian ImprovementsTBD> 2020TBD TransportationGorstBelfair Widening to 4 lanes - Bremerton City Limits $2,822,000> 2020County to Sam Christopherson Ave. TransportationGorstBelfair Widening to 4 lanes - Mason County Line to $9,982,000> 2020County Bremerton City Limits TransportationGorstPossible Intersection improvements - Sherman TBD> 2020TBD Heights Road WaterAllNone$1,100,000> 2020County/State Total$51,332,000 1 This table does not include costs of upgrading the UGAs' current transportation infrastructure to an urban standard. 2 These parks were identified as part of the long-term annexation analysis, and are not identified in any existing City or County capital documents. 3 UFA = User Fee Assessment; G = Grants & LID Source: Kitsap County/City of Bremerton Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013; City of Bremerton Wastewater Comprehensive Plan Update, 2014; City of Bremerton Parks, Recreation & Open Space Plan, 2014; Kitsap County Public Works Transportation Six-Year Improvement Program 2015-2020; City of Bremerton Wastewater Comprehensive Plan Update, 2014. Sewer. One to eleven projects (Cost: up to $31.9 million). A total of 11 long-term sewer capital facility projects have been identified that would be fully or partially located within the PAAs. All of the 11 long- term sewer projects identified are listed in the 2014 City of Bremerton Wastewater Comprehensive Plan Update. The four PAAs differ in their estimated impacts to sewer capital facilities: Gorst. (Cost: None). No long-term sewer capital improvements have been identified. Navy Yard City. (Cost: Up to $12.9 million). Two long-term sewer capital improvement projects have been identified. The first is the Replace Crosstown Pipeline project to be financed by user fee assessments. The second is the SR 304 Sewer Collection project and it would be financed by a combination of user fess assessments, grants, and/or utility LIDs. Rocky Point. (Cost: up to $17.6 million). A total of eight long-term capital improvement projects have been identified. These include two pump station projects (Pump Station MD-2 and MD-3) and six sub-basin sewer collection projects (Sub Basin MD-1, MD-2, RP-1, RP-2, RP-4, and RP-5). All projects would be financed by combination of user fess assessments, grants, and/or utility LIDs. West Hills. (Cost: up to $1.5 million). One project has been identified the North Extension project. This project would be financed by combination of user fess assessments, grants, and/or utility LIDs. Stormwater. (Cost: up to $1.86 million). The majority of long-term stormwater projects identified are within the Gorst annexation area. Additional NPDES-related stormwater projects are anticipated across all PAAs (see Exhibit 9). All PAAs. It is anticipated that the NPDES regulatory framework adopted by the City of Bremerton would facilitate the planning and building of new stormwater structures within any one or all of the PAAs. To date, no NPDES related capital improvement projects have been identified nor funding sources identified. However, upon annexation, NPDES related projects may add costs and/or impacts to stormwater capital facility planning over the long-term. Gorst. Between one to seven projects (Cost: up to $1.86 million). The Gorst Creek Watershed Plan identifies 35 sites within the watershed that need stormwater improvements. Of these projects, 11 are within the Gorst UGA. These projects are shown in Exhibit 9 below. Exhibit 9 Long-term Stormwater Capital Facility Needs for the Gorst UGA (2018 - 2035) Source: Kitsap County/City of Bremerton Gorst Creek Watershed Stormwater Capital Improvement Plan, 2013. The plan provides initial cost estimates for these projects and lists the entity responsible for each project. Of the 11 projects in the Gorst UGA, seven are designated the responsibility of the City of Bremerton. These seven projects total $1.86 million. Responsibility for stormwater projects is based on the Gorst Creek Watershed Stormwater Capital Improvement Plan Technical Memorandum completed in September, 2013. Discussions with the City of Bremerton Public Works Department indicate that they believe the City is only responsible for projects in the public right-of-way, which is just one project totaling $13,000. $771,000. As a result, potential long-term stormwater capital costs vary widely based on how responsibility is ultimately assigned. To be conservative, the City may want to assume the maximum of $1.86 million when considering the full impacts of annexation. Once Gorst residents begin paying into t the City may be expected to partner on drainage issues on both public and private party. Transportation. (Cost: TBD). Future transportation infrastructure capital investments will be necessary to achieve a modern urban standard. The City should consider long-term planning around upgrading the UGAs current transportation infrastructure to an urban standard which may include adding sidewalks, curbs, gutters, bike paths, and storm drain systems. These improvements could be phased over time as the City identifies specific needs and revenue sources. Water. (Cost: Up to $1.1 million). Currently, the Cityprovides drinking water to the Gorst, Navy Yard City, and West Hills annexation areas as part of the Bremerton Service Area. The City also ultimately supplies drinking water to the Rocky Point annexation area but its relationship to Rocky Point remains unique. In particular, although Rocky Point conveyed its water system infrastructure to the City in 1952, the area has maintained its own special purpose water district with an elected three-person board of commissioners with responsibilities for administration, planning, and capital improvements. This structure currently results in redundant costs for Rocky Point residents. Upon annexation the City would likely enter into negotiations with the Rocky Point Water District for potential inclusion within the City of Bremerton water utility. Prior to assumption by the City, should that occur, improvements may need to be completed within the Rocky Point Water District, financed by non-City funding sources. These improvements have an estimated cost of approximately $1.1 million. APPENDIX A: GORST PREFERRED ALTERNATIVE LAND USE MAP Exhibit A- 1 shows the future land use map for the Gorst UGA under the Preferred Alternative. Exhibit A- 1 Gorst UGA Preferred Alternative Future Land Use Map Source: City of Bremerton, 2014. WHAT IF WE BECAME PART OF BREMERTON... Rocky Point in 20 annually. LEVEL OF SERVICE Representation. represented by three County Commissioners serving 250,000 people, residents would be served by one Mayor and seven City Council Members serving about 40,000 people. Police Services. Fire and EMS Services. Parks and Recreation For More Information, with geographic service standards (1/2 mile distanc Please Contact: Utilities MUNICIPAL TAXES AND FEES Annex to County Assumptions: three that owns their own home and has approximate this include: 2 7.0 HCF 6.5 HCF * Fire Levy County Roads Levy Monthly Garbage Level $89 * to levy this tax on annexed property is a Stormwater Garbage we have included them (based using the increased assessed value $808 annexed. $0 included as a cost to annexed residents. Existing City of Bremerton ¯ Water & Sewer Infrastructure 1 9 T H 18T H PotentialAnnexation 1 7 T H Legend aterain Sewer Mains Study Area City Limits 00.12Miles From: Sent: To: Subject: Hi Ms. Satter We received the information in the mail on our neighborhood possibly being annexed into the Bremerton city limits. My question to you is how do we go about protesting this proposal? We would rather not have this happen if possible. Please advise on how/what we need to do? Thank you, -- J. Nathan and Leslie Kerns (Corbet Dr) 360-362-2896 1 From: Sent: To: Subject: Ms. Satter, I recently received a notice that my property on Corbet Drive is being considered for annexation into the city of Bremerton. I understand this will be discussed at a city council meeting next week. Will this meeting be my only chance to oppose this action? Will the residents of the area have an opportunity to vote on this proposal? Thank you, Nathan Kerns 1 From: Sent: To:Satter Cc: Subject: Allison I, Thomas Capell, property owner of Tax Id Number 3786-000-012-0208, request to be considered for annexation of my parcel on the March 15, 2017 Public Meeting for the Corbet Drive annexation. My property is adjacent to the proposed annexation boundary. I am in support of annexation, even if that only means the annexation of the landward portion of my site (not including the portion of my lot that includes the tidelands as I understand that would create an illogical boundary for the City). Thank You Thomas (Tom) Capell (206) 781-2735 1 From: Sent: To: Subject: Allison, Iownthehouseat1903CorbetDriveNW,notedonthesketchirecievedasPlot9;Inoticeplot1014behindmelook liketheyaregoingtobedevelopedalongwith19thStreetbeingimprovedandpotentiallypushingthrutoLafayette?is thistheintentionhere?Currently19thismoreofadrivewayandisahedgeabouthalfwaydownmyproperty.Iam confused!Also,willthecitybeputtingsidewalksonCorbet?iwouldLOVEthat! PleasecalloremailmebackwithmoredetailsontheCity'sintention.Thankssomuch! ChrisMiller MillerSheetmetal,Inc. www.millersheetmetalinc.com C3607311121 1 From: Sent: To: Cc: Corin Subject: Wees) Mr.Wees, ThisistoacknowledgethatyouremailwasreceivedandhasbeenprovidedtoCouncilMemberRichardHuddy;anddue toyourconcerns,acopyhasalsobeensharedwithCouncilMembers,Mayor,PoliceChief,CityClerk,andCommunity Developmentfortheirreviewandconsideration. AcopywillbeincludedasapartoftherecordfortheMay17CouncilMeetingunderPublicHearingsItem8B. Thankyoufortakingthetimetosubmityourcomments. Sincerely, ChristineGrenier Council/AuditorAssistant BremertonCityCouncil (360)4735280 City.Council@ci.bremerton.wa.us www.BremertonWA.gov From:DPWees\[mailto:BUCKEYE.41@hotmail.com\] Sent:Sunday,May14,20172:17PM To:CityCouncil<City.Council@ci.bremerton.wa.us> Subject:Proposedannexationofpropertybetween17thand19thstreets TheHonorableRichardHuddy.IamDavidWees,theowner,alongwithmywifeCarolWees,ofthepropertylocated 3023SeventeenthStreetand3020SeventeenthStreet.Weareverymuchagainsttheannexationof3020Seventeenth Street.Theinformationthathasbeensentshowsariseinourpropertytax,abenefitfortheCitybutnotforus.Oneof thestatedreasonsisthatwouldgiveusCityPolicecoverageratherthanthe{ŷĻƩźŅŅ͸ƭdepartment.Therewasadrug housenextdoortoour3023propertyandtheCityPolicedidnothingthatwehaveevidenceoftocurbtheactivitythere eventhoughnumerouscallsweremadeoverthepastfourplusyears.Thelandlordofthedrughousepropertyfinally removedtheresidentstwomonthsagoandtheareahashadasenseofcalmuponiteversince. Ihaveownedmyhouseat3020SeventeenthStreetsinceNovember1990andhavebeenquitesatisfiedwiththelaw enforcementprotectionprovidedbythecounty.Iseenoreasontohavemytaxesraisedandreallydonotdesirethe BremertonPoliceovertheSheriffsDepartmentnortheextramonthlycostofgarbagepickup.Itiscuriouswhythesame servicebyWasteManagementshouldcostmoreforthecitythanforthecounty.ThatispoliticsIguess.Anyway,please Mr.Huddyandothercouncilmembers,pleasevoteNOontheannexation. 1 VerySincerely, DavidWees SentfromMailforWindows10 2 Street st www.albersvistagardens.org Albers Vista Gardens 124 NE 31 More information at ? District 7 about 5280 - (360) 473 in hearing more Younger Contact Council Member Eric City.Council@ci.bremerton.wa.us Interested From: Sent: To: Subject:Annexation Ms.Satter,Ipreviouslysentanemailplusleftamessageonyourvoicemailregardingourdispleasureonbeingannexed intoyourcity.SincethenIhavehadthepleasureofspeakingto4otherhomeownersintheproposedannexationarea thatarealsodesiroustoremaininthecounty.Youreturnedareplytomytelephonecallstatingthat60%oftheowners wanttoannex.IhavetoassumethatitispossibletofindoutwhotheseownersareandwouldrequestthatIbegivena list.IsuspectthatthesepeopleareprobablyabsenteeownersthatrentouttheirpropertyandreallyķƚƓ͸Ʒcarewhat happensaslongastheycollecttherents.Thisassumptionstemsfromthefactthatthefivefamilies(ourneighbors)that owndonotwanttoleavethecounty.IthankyouforyourassistanceandstateherethatuponreceiptofthelistInormy familywillnotharassinanywayanyofthepeopleinoppositiontoourhopesandwishes.Iremainsincerelyyours,David Wees SentfromMailforWindows10 1