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03/06/2019 AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 6, 2019 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 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – February 20, 2019 C. Minutes of Study Session – February 27, 2019 D. Purchase of Madvac LS175 Compact High Efficiency Vacuum Sweeper E. Salmon Recovery Funding Board (SRFB) Project Agreement for the Northlake Way Preliminary Design for the Kitsap Lake Culvert Replacement F. Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Services 6. GENERAL BUSINESS – There are no General Business items tonight... 7. PUBLIC HEARING(S) A. Public Hearing on Ordinance No. 5366 amending Chapter 20.10 of the Bremerton Municipal Code entitled "Comprehensive Plan Amendments"; and repealing Section 20.70.030 of the Bremerton Municipal Code entitled "Accessory Uses" within the District Center Core 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. Congratulations 2019 WellCity! Each 2019 WellCity recipient receives a 2%premium discount on their AWC Employee Benefit Trust 2020 medical premiums. A 2%premium discount is significant in today's economy.Yet the rewards extend even farther because a WellCity also benefits from: •Reduced costs with decreased sick days,disability,health care claim costs,workers'comp claims. •A culture of health at city hall. •Healthy employees are more productive,have higher morale,better quality of life,and are better able to serve their communities. After the Snow GETTING OUR SIDEWALKS AND STREETS CLEAR The Facts Streets Cleanup Underway: 700 Tons of sand applied to City arterials (60 miles), collectors (35 miles) and residential Streets (192 miles) Currently one sweeper is operating, we expect the second one to be up and running later this week One Sweeper can handle 3.5 Tons of sand at a time Sand being hauled back to City complex and to the sand pile under the Warren Ave Bridge Some sand will be disposed of, some will be recycled for reuse for next snow event Street Department is a Crew of 12 Daily tasks in addition to snow event cleanup: ◦Clearing Sidewalks ◦Pothole & Void Repair ◦ADA Ramp Construction ◦Vegetation Removal / Hazard Tree Response ◦Sidewalk Removal, Repair & Construction ◦Sign Maintenance ◦Traffic Control ◦Emergency Response ◦Nuisance Response –(Graffiti Removal, etc.) Sidewalks Update 285 Miles of Sidewalks to Clear City is renting a Sidewalk Sweeper to begin sweeping main sidewalk arterials -$2,500 a week City Forces to use high power blower where feasible on main sidewalks. Lower Wheaton Way, Lebo Two Seasonal Laborers will have additional duties to clear residential areas and blow sand back into the street where appropriate. Seasonal Recruitment in progress. City has received a Grant to purchase a sidewalk Sweeper for future storm events, Should receive in July. Patience –This is going to take some time to get everything clear of sand. People ask: where can I sweep the sand? Sweep it into the street, we will eventually get there with the Street Sweeper! After Action Review Meeting - Next Steps Continue focus on upgrading equipment as it is replaced:strive for multi-use butsomeadditional“snow only”equipment needed •We added a plow to the Fire Department pick-up purchase •Future sanders will be stainless steel –check our pipeline for the 550s •New deicer truck needed •Two new 74,000 GVW trucks in the pipeline with plows.More effective than 550s •Equip Parks and Facilities with one plow each for an existing truck •More portable radios needed:15 on order •Provide towing straps for every vehicle (not that we would ever get stuck,but just in case ) Future facility improvements: •Enclose east work bay on shop (should be complete in 2019) •Need covered sand/salt storage at west side location (less “dead stick”time) •Need additional salt storage at Oyster Bay •Consider inverted button standard for arterial routes Future operational improvements: •Activate City EOC,(2 administrative employees each shift),when snow removal goes 24/7 •Snow routes:generally good.Add senior care centers.Fire Department will identify streets they should not navigate to and alternate approaches •Snow Berms:our operators already have a plan to do better clearing residential street openings •Activating an EOC will enable us to better communicate with our residents directly and post information on web page.People wanted to help but we did not have efficient,real-time method to communicate •Food:develop a policy to provide “real”food for our crews.Stores and restaurants were shut down much of the events AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: March 6, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 383334 through 383524 and Electronic Fund Transfers V19505 through V19557 in the grand total amount of $2,184,004.21 2.Retro Pays for the period 01/01/2018 through 11/15/2018 in the amount of $17,255.91 3.Regular Payroll for the pay period ending 02/15/2019 in the amount of $882,614.31 4.Regular Payroll for the pay period ending 02/28/2019 in the amount of $776,747.79 5.Retiree Payroll for the pay period ending 02/28/2019 in the amount of $54,140.02 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒Limited 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 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – February 20, 2019 Study Session Date: N/A COUNCIL MEETING Date: March 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on February 20, 2019 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 20, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 20, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 20, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Information Services Manager Dave Kevin Matthew. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Reverend David Stewart of Mt. Zion Missionary Baptist Church. MAYOR’S REPORT – Mayor Wheeler… Provided a report on the City’s response to the snow and ice storm last week; and Thanked volunteers for clearing sidewalks near the schools, first responders who were on service calls in challenging conditions, and crews who were plowing and sanding the roads. PUBLIC RECOGNITION Roy Runyon suggested that after a street is plowed, deicer should be applied immediately; and added that the City should consider purchasing a snowplow. Robert Parker expressed concerns about his recent unsatisfactory experience when applying for a business license renewal; and hoped that the City would look at ways to improve this process. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 383159 through 383333, and EFT-V19460 through EFT-V19504 in the amount of $2,240,801.08 5B – Minutes of Joint Planning Workshop – January 26, 2019 5C – Minutes of Meeting – February 6, 2019 5D – Minutes of Study Session – February 13, 2019 5E – Professional Services Agreement with the Bremerton School District to provide a full-time School Resource Officer 5F – Municipal Master Lease Agreement with Yamaha Motor Corporation, USA for Golf, Beverage, and Utility Carts for use at Gold Mountain Golf Course 5G – Amendment No. 2 to Services Reimbursement Agreement with the Kitsap Public Health District for Security Services at the Salvation Army 5H – Purchase of Retrofit Items for the Closed-Circuit Television Van (CCTV) from Cues, Inc. 5I – Purchase of a Remount/Refurbish for a 2019 Dodge Ram 4500 from Braun NW, Inc. of Chehalis, WA; and a Power Load Lift from Stryker Medical of Chicago, IL 5J – Purchase of a 2019 Ford F-250 from Columbia Ford of Longview, WA 5K – Purchase of a 2019 Ford Escape from Columbia Ford of Longview, WA 5L – Interlocal Agreement with Kitsap Transit for Schedule 74 Underground Power Conversion for the Wheaton Way Transit Center; and related Budget Adjustment City Council Reg. Mtg. Minutes Wednesday, February 20, 2019 Page 2 of 3 5M – Resolution No. 3315 repealing Resolution No. 3187; and adopting new Bremerton City Council Rules & Procedures There were no questions or comments from the public… 05:54:22 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – RESOLUTION NO. 3316 AFFIRMING A COMMITMENT BY THE CITY OF BREMERTON TO THE PRINCIPLES OF EQUITY AND INCLUSION: President Younger explained that following the discovery of flyers that were posted throughout the City promoting the website of a known white supremacist group, members of the community brought their concerns to the City Council’s attention. This resolution shows a commitment by the City Council that they wholly reject the promotion of any regressive ideologies that promote discrimination, bigotry, hatred, and violence; and the City Council supports the purpose outlined since 2014 in Policy 428 of the Bremerton Police Policy Manual that all individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. To clarify the intent of the Resolution, President Younger then read the full text of Resolution No. 3316 into the record. Comments or questions from the public were provided by: Ray Garrido; Roy Runyon; Robert Parker; Tim Matthes; Mike Simpson; Airen Lydick; Martitha May; Lindsey Hailey; Jo Walter; and Anna Eau Claire… 06:35:55 Motion was made by Daugs and seconded by Goodnow… Comments and questions were provided by Daugs; Goodnow, Sullivan (read a statement), Gorman, Wheat, Huddy, and Younger; with responses provided by Police Chief Jim Burchett… 07:17:44 M/S/C (Daugs/Goodnow) Move to approve Resolution No. 3316 affirming the City’s commitment to the principles of equity and inclusion, and will continue to implement practices that seek to improve opportunities and quality of life for all residents, regardless of race, ethnicity, gender, country of origin, immigration status, sexual orientation, gender identity, or religious beliefs. Voted in favor of Motion: Daugs, Gorman, Wheat, Goodnow, Younger Voted opposed to Motion: Huddy, Sullivan Motion carried: 5-Yes; and 2–No COUNCIL MEMBER REPORTS Richard Huddy reminded the public that it is the homeowner’s responsibility to keep residential sidewalks clear; requested input on how to keep arterial sidewalks clear so that residents can walk safely to transit stops; and was pleased that sidewalks are also included on the Council Goals. Michael Goodnow hoped that neighbors would continue to “band together” to get through future winter storms; thanked City staff for keeping the community safe; and hoped that there is continued discussion about how the City responds to clearing snow and ice. Lori Wheat announced that Kiwanis Park Work Parties will continue to be on 4th Saturdays, with the kick-off for 2019 on Saturday, February 23 from 9:00 to 11:00 AM; and looked forward to attending the Black History Discussion Panel on Monday, February 25 from 6:30 to 7:45 PM at the Kitsap Regional Library Downtown Branch. City Council Reg. Mtg. Minutes Wednesday, February 20, 2019 Page 3 of 3 Leslie Daugs thanked Police, Fire, and Public Works for their efforts during this last major storm; and during the cold weather, reminded everyone to please stay safe, and to help your neighbors. Pat Sullivan also thanked emergency services and staff for the wonderful job responding to this severe and unusual storm. With no further business, President Younger adjourned the Council Meeting at 7:30 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 6th day of March, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – February 27, 2019 Study Session Date: N/A COUNCIL MEETING Date: March 6, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on February 27, 2019 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the February 27, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 27, 2019 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 27, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, and Leslie Daugs. Council Member Pat Sullivan was absent. Legislative Office Manager Lori Smith 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 March 6, 2019 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Purchase of Madvac LS175 Compact High Efficiency Vacuum Sweeper Consent Agenda 2. Salmon Recovery Funding Board (SRFB) Project Agreement for the Northlake Way Preliminary Design for the Kitsap Lake Culvert Replacement Consent Agenda 3. Update on the 2019 Water System Plan – Cami Apfelbeck, Water Resources Manager Information Only 4. Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Services Consent Agenda 5. Proposed public hearing on an ordinance amending Chapter 20.10 of the Bremerton Municipal Code entitled “Comprehensive Plan Amendments”; and repealing Section 20.70.030 of the Bremerton Municipal Code entitled “Accessory Uses” within the District Center Core Public Hearing B. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (02/19/19 Meeting) – Chair Kevin Gorman o Finance, Investment, & Parking Committee Briefing (02/25/19 Meeting) – Chair Michael Goodnow o Audit Committee Briefing (02/26/19 Meeting) – Chair Leslie Daugs o Other General Council Business was also discussed. With no further business, President Younger adjourned the Council Study Session at 6:45 PM. Prepared and Submitted by: ______________________________ LORI SMITH, Legislative Office Manager City Council Study Session Minutes Wednesday, February 27, 2019 Page 2 of 2 APPROVED by the City Council on the 6th day of March, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Madvac LS175 Compact High Efficiency Vacuum Sweeper Study Session Date: February 27, 2019 COUNCIL MEETING Date: March 6, 2019 Department: PW&U Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Purchase of the Madvac LS175 high efficiency compact sweeper to service areas where larger sweepers cannot access such as sidewalks, commons areas, walk paths, etc. Ecology grant WQC-2017-BremPW-00213 was accepted on August 15th, 2018 to provide $69,000 in grant funds for this purchase. Sourcewell (formerly NJPA) Contract No. 5566; Member No. 20107. ATTACHMENTS: 1) Project Scope; 2) Summary; 3) Product Information Sheet; 4) Warranty Policy; 5) Quote to purchase the Madvac LS175 Compact vacuum sweeper FISCAL IMPACTS (Include Budgeted Amount): $125,925.52 is the quote (including Washington State sales tax); $125,000 is approved in the 2019 Stormwater CIP for the purchase of the sweeper. Ecology grant will reimburse the Stormwater Fund in the amount of $69,000 over a three year period ($23K/year) provided the operation and maintenance program meets specific goals identified in the Ecology funding agreement. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the Madvac LS175 Compact Hight Efficiency Vacuum Sweeper with grant funding; and authorize the Mayor to finalize and execute the purchase agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5D AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Salmon Recovery Funding Board (SRFB) Project Agreement for the Northlake Way Preliminary Design for the Kitsap Lake Culvert Replacement Study Session Date: February 27, 2019 COUNCIL MEETING Date: March 6, 2019 Department: PW&U Presenter: Chance W Berthiaume Phone: (360) 473-5929 SUMMARY: This project will complete a feasibility and alternatives analysis, and develop a preliminary design to restore a section of Kitsap Creek that flows through a 72" culvert that’s 200 feet long, and 35 feet below the surface of Northlake Way. The culvert is the discharge point for Kitsap Lake, located at Northlake Way NW and Kitsap Lake Rd, where the lake flows into Kitsap Creek, a tributary of Chico Creek. The long, steep culvert is undersized and a partial fish barrier (33% passable). Eliminating this barrier will open 1,082 square meters of spawning area and 104,170 square meters of rearing area for coho, chum, steelhead, and cutthroat trout. ATTACHMENTS: 1) Project Scope; 2) Funding Board Project Agreement (SRFB grant contract) No. 18-1838P that sets terms and conditions, scope of work and deliverables for the project; 3) Copy of Resolution No. 3274, Authorization Resolution for the Northlake Way Project. FISCAL IMPACTS (Include Budgeted Amount): The $101K project is 100% funded by a grant from the Salmon Recovery Funding Board and is included with the approved Stormwater CIP for 2019. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Funding Board Project Agreement for the Northlake Way Preliminary Design, Kitsap Lake Culvert Replacement consistent with Bremerton Resolution No. 3274; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E RESOLUTION NO. 3274 A RESOLUTION of the City Council of the City of Bremerton, Washington authorizing submitting an application for grant funding assistance for Northlake Way Preliminary Design, a sahnon recovery project, to the Salmon Recovery Funding Board. WHEREAS, authorization is needed for submitting an application for grant funding assistance for Northlake Way Preliminary Design, a sahnon recovery project, to the Sahnon Recovery Funding Board, as provided in RCW 77.85, WAC 420 and subsequent Legislative action; and WHEREAS, under the provisions of the Sahnon Recovery Act, state grant assistance is requested to aid in financing the cost of restoration design; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1, The Mayor is authorized to make formal application to the Salmon Recovery Funding Board for grant assistance. SECTION 2, Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's web site at: http://www.rco.wa.gov/documents/ manuals&forms/SampleProjAgreement.pdf (Exhibit A) and authorize the Mayor to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the·project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity ( applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. SECTION 3. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above. SECTION 4. Our organization expects our matching share of project funding will be derived from Stormwater Utility fund 484 and meets the requirements of WAC 420-12-040. In addition, our organization understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTIONS. We acknowledge that if the Sahnon Recovery Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay us on only a reimbursement basis, except for a specially approved advance payment. We understand reimbursement basis means that we will only request payment from the Recreation and 1 Northlake Way Preliminary Design AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Services Study Session Date: February 27, 2019 COUNCIL MEETING Date: March 6, 2019 Department: Public Works & Utilities Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: This agreement provides updates to Water Utility production well wellhead protection areas and the City’s Wellhead Protection Program in support of the 2019 Water System Plan Update (Task 1). This agreement also continues groundwater production impact modeling and mitigation development as required by Washington State Department of Ecology water right preliminary permits for production wells 9, 21, and 22 (Task 2). ATTACHMENTS: 1) Task Summaries; 2) Professional Services Agreement that sets terms and conditions, scope of work, and deliverables; 3) Map of production wells FISCAL IMPACTS (Include Budgeted Amount): Task 1 - $37,600 from the Water Utility Capital Fund as part of the Water System Plan Update and Task 2 - $28,400 from the Water Resources Operating Fund. This work is scheduled and approved in 2019 budget; no budget additions or changes required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Robinson Noble, Inc.; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F WELLHEAD PROTECTION TASK SUMMARY The Safe Drinking Water Act requires every state to develop a wellhead protection program. The state Department of Health (DOH) has administered the wellhead protection program in Washington since 1994. Washington’s wellhead protection requirements are designed to prevent contamination of groundwater used for drinking water by protecting the area surrounding public drinking water supply wells. In Washington, local wellhead protection programs must include: A completed susceptibility assessment. A delineated wellhead protection area for each well, well field, or spring. An inventory of potential contaminant sources in the wellhead protection area that could threaten the water-bearing zone (aquifer) used by the well, spring, or well field. Documentation showing the water system sent delineation and inventory findings to required entities. Contingency plans for providing alternate drinking water sources if contamination does occur. Coordination with local emergency responders for appropriate spill or incident response measures. Task 1 of the proposed PSA with Robinson Noble, Inc., achieves the following: Provides a much-needed update to the City’s current Wellhead Protection Plan developed in 1996. Uses best available science (USGS Kitsap Groundwater Model) to reassess and re-delineate wellhead protection areas. o In response to a Critical Aquifer Recharge Area (CARA) challenge by Alpine Evergreen Company in 2017, the City discovered it had inadvertently submitted to DOH initial draft modeling results for wells 15 and 17. At the time, these results were subsequently determined not to be accurate enough due to modeling shortfalls. Unfortunately, these results, once submitted and approved by DOH, became enshrined as CARA’s. WATER RIGHTS PRELIMINARY PERMITS TASK SUMMARY The City submitted to the Department of Ecology (Ecology) water rights applications for wells 9, 21, and 22 in order to secure capacity to provide for projected future water demand. Under the authority of Chapter 90.03.290 RCW, Ecology may issue a Preliminary Permit requiring the applicant to conduct studies, surveys and investigations necessary to provide information to properly assess the application. Task 2 of the proposed PSA with Robinson Noble, Inc., conducts the required hydrogeological studies and mitigation plan development. Well 9 Well 21 Well 13 Well 14 Well 15 Well 18R Well 22 Well 19 Well 20 Well 17 Well 16 / Well 8 Well 2R Well 1R Well 6R Well 3 Well 7 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community Wells Active Pending AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance No. 5366 amending Chapter 20.10 of the Bremerton Municipal Code entitled “Comprehensive Plan Amendments”; and repealing Section 20.70.030 of the Bremerton Municipal Code “Accessory Uses within the District Center Core Study Session Date: February 27, 2019 COUNCIL MEETING Date: March 6, 2019 Department: DCD Presenter: Allison Satter, Sr. Planner Phone: (360) 473-5845 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending Bremerton Municipal Code (BMC) Title 20 related to the following: Modify Comprehensive Plan Amendment Process. One portion of the proposed amendments to this chapter include revising the Application window for when the City will accept applications to provide more time to process and review the proposals. The amendment also includes modification to this chapter is to add a new section (BMC 20.10.075) to allow a Preliminary Review to evaluate the proposals and reject those amendments that are in direct conflict with Federal, State, or local standards. Remove the District Center Cores (DCC) Accessory Uses. This portion of the code allows mini-storage as an accessory use within the City’s DCC zones (Charleston, Wheaton- Sheridan and Wheaton-Riddell). The concern is that the establishment of mini-storage in our DCC zones will compromise our ability to accomplish the housing and job growth that we have established for these centers. ATTACHMENTS: A. Staff Memo and Zoning Maps B. Planning Commission Meeting Minutes: January 28, 2019 Public Hearing (Draft) C. Ordinance No. 5366 Exhibit A: Planning Commission Findings and Conclusion FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5366 to amend Chapter 20.10 of the Bremerton Municipal Code related to Comprehensive Plan Amendments; and repeal Section 20.70.030 of the Bremerton Municipal Code related to the District Center Core Zone’s accessory uses. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7A Attachment 1 1 City Council Memo for August 1, 2018 Public Hearing – Zoning Code Amendment To: City Council From: Allison Satter, Senior Planner Date: February 19, 2019 Subject: Zoning Code Amendments related to modifying the Comprehensive Plan Amendment process and removing District Center Core zone’s Accessory Use code. EXECUTIVE SUMMARY The Planning Commission has unanimously recommended that the City Council review and approve the proposed Ordinance in order to make changes to the Bremerton Municipal Code related to modifying the Comprehensive Plan Amendment process and removing District Center Core zone’s Accessory Use code. Enclosed: Official Zoning Maps Zoning Code Proposed Text Amendment – BMC 20.10 The Bremerton Municipal Code (BMC) 20.10 regulates how the City processes changes to the Comprehensive Plan in compliance with the Washington State’s Growth Management Act (GMA). A Comprehensive Plan is a guiding document that sets the vision, goals and policies of how Bremerton should be growing and developing within the next 20 years. As this blueprint document sets fundamental growth principles, GMA only allows annual amendments to the Comprehensive Plan once a year (with some exceptions). The proposal is to amend the BMC as described in the following chart Section Changes shown in legislative markup (additions and deletions) Purpose of change 20.10.020 Applications Comprehensive Plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. Application fees for Comprehensive Plan amendments shall be the same as the fee established for rezones. The City has adopted fees established by the City Council. The Rate Table C has the cost for Comprehensive Plan amendments identified. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Attachment 1 2 City Council Memo for August 1, 2018 Public Hearing – Zoning Code Amendment Section Changes shown in legislative markup (additions and deletions) Purpose of change 20.10.030 Time for Filing 20.10.030 TIME OF FILING. Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development between the first business day in January to the end of the first business day of April the first business day in August to November 15 (or the next business day if it falls on a weekend) to be considered for the following year’s amendments. Applications shall be submitted on forms prescribed by the Department, and a Presubmittal Meeting is required prior to submittal. Incomplete applications will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next calendar year amendment process. The Director of Community Development may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a significant impact on the processing of the pending applications. Proposing to change the dates for time for filing a Comprehensive Plan amendment from January 1st through April 1st to August 1st through November 15th. If this amendment was adopted, in addition to allowing Staff more time to process Comprehensive Plan amendment applications within the calendar year, this amendment will also reduce the conflict with the City Council’s end-of-the-year budget deliberations that typically ensure long meetings (which reduces the chance for public participation). The amendment seeks to also provide clarity that a Presubmittal Meeting is required prior to submitting a Comprehensive Plan amendment application as required by BMC 20.02.050. A Presubmittal Meeting takes additional time but is key to the process and ensures the City receives complete and accurate submittals that meet established criteria. 20.10.060 SEPA Review After April 1st of each calendar year, After the annual Comprehensive Plan amendment docket is established, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). With the application window changing, the SEPA review period must also be revised. PROPOSED NEW SECTION: 20.10.075 Preliminary Review and Evaluation Criteria 20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA (a) Prior to the Planning Commission recommendation to City Council, the Department shall conduct a preliminary review and evaluation of proposed amendments and assess the extent of review that would be required under the SEPA in this chapter. The preliminary review and evaluation shall include any review by other departments deemed necessary by the The current code requires the City to process all proposed Comprehensive Plan amendments annually. BMC 20.10.020 identifies that Comprehensive Plan amendments can be proposed by: City Staff, private citizens, private/public entities or agencies, the Planning Commission, and/or the City Council. Staff is proposing to add a new section (BMC 20.10.075) to allow Preliminary Review of the proposal to evaluate proposals and remove those Attachment 1 3 City Council Memo for August 1, 2018 Public Hearing – Zoning Code Amendment Section Changes shown in legislative markup (additions and deletions) Purpose of change Department and shall be based on the following criteria: (1) Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code? (2) Would the proposed amendment cause little or no adverse environmental impacts and, is the time required to analyze impacts available within the time frame of the standard annual review process? (3) Is sufficient analysis completed to determine any need for additional capital improvements and revenues to maintain level-of-service, and is the time required for this analysis available within the time frame for this annual review process? (4) Can the proposed amendment be considered now without conflicting with some other Comprehensive Plan established timeline? (5) Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents and is the time required for processing those amendments or revisions available within the time frame of this annual review process? (6) If the proposed amendment was previously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again? (b) If the Department determines that the answer to any of the above questions is no, it may recommend to the Planning Commission that the proposed amendment or revision not be further processed in the current amendment review cycle. Upon direction from Planning Commission, Department staff will inform those whose amendments that are in direct conflict with Federal, State, or Local standards. If adopted, this Code provision would allow Staff to do a preliminary review of all the amendment proposals against basic evaluation criteria. If the proposals do not comply with fundamental planning principles, would have significant environmental impacts (that could not be mitigated), was a major change that would warrant extensive public review (that could not be completed within the year), or was counter to the vision of Kitsap’s County- wide Planning Policies and the City’s Comprehensive Plan then these proposal should not be further evaluated by the Planning Commission and City Council. Example: A proposal to allow Industrial uses (including heavy industrial uses) within the Low Density Residential Districts. This would not be approvable because it violates GMA, Kitsap County- wide Planning Policies, the City’s Comprehensive Plan, and would require a re-evaluation of the City infrastructure to verify that the City could handle these new uses. With this new evaluation criteria, this proposed amendment would not continue through the annual Comprehensive Plan process and therefore an application would not be accepted. Attachment 1 4 City Council Memo for August 1, 2018 Public Hearing – Zoning Code Amendment Section Changes shown in legislative markup (additions and deletions) Purpose of change proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the department at any time, subject to the timelines contained in this chapter. Zoning Code Proposed Text Amendment – BMC 20.70 DCC Accessory Uses The proposal is to remove the allowance for mini-storage as an accessory use within the District Center zone. Background BMC 20.70 regulates the District Center Core (DCC) zone. The DCC zone is located in three areas of the City: Wheaton-Riddell, Wheaton-Sheridan, and Callow (zoning maps have been attached to the end of the memo). The intent of the DCC is to provide a “town center” which is comprised of mixed use development with housing and commercial uses. The centers should be designed to create a pedestrian friendly community while also accommodating some level of regional drawing uses. These Centers are slated to accommodate a significant amount of the City’s anticipated residential and job growth over the next 20 years. During the 2016 update to the City’s Comprehensive Plan, a minor amendment was made to allow mini-storage as an accessory use in this district. The intent of this code change was to allow existing buildings to be better utilized, especially buildings that have challenging or limited access where commercial, retail, or housing would be difficult to establish. The new code incorporated standards to try to protect the vision of the DCC zone, and the code intent was to ensure that only a portion of a building could be used for mini storage, that no outdoor storage would be allowed and criteria were included to ensure that storage was not an obvious use. When the code was written, the following building off Callow Avenue was an example that was used: Attachment 1 5 City Council Memo for August 1, 2018 Public Hearing – Zoning Code Amendment In this example, the lower floor (outlined in red) is below the grade of Callow Avenue and 11th Street. With the subgrade, the owner of this building has had challenges finding a tenant that desired the space, with a use that was consistent with the DCC zoning, and was compliant with the Building Code. The DCC zoning promotes uses that attract people visit storefronts on foot, and with a building that is lower than the street frontages this is a challenge. The building also has challenges because the Building Code has requirements for windows and doors, all of which are difficult, if not impossible to add to a basement. Given this situation, and a desire to make economic use of existing buildings, in 2016 staff suggested adding the accessory use of mini storage to the DCC district so that buildings of this type could have some use established. In 2018 the owner of this building was able to find a tenant that had a use that was consistent with the DCC and was able to meet the occupancy standards in the Building Code. There is now a business that makes unique interior architectural casting pieces leasing space in this building that the owner had previously believed may only be relegated to storage. It is a success for both the owner and the City to have a viable business at this location who will generate both sales and B&O taxes. Reason for Proposed Amendment The primary reason for amending the code in 2016 was the example provided above, and as shown, the amendment wasn’t necessary to obtain a use of that building. The city is getting many inquiries, and one application, that seeks to establish mini storage at all of the City’s District Centers. Staff encourages applicants to consider building these facilities in the Freeway Corridor and Industrial zones and in some areas of the Puget Sound Industrial Area, as mini storage is an outright permitted use in these zones. The City’s administration is concerned that the establishment of mini-storage in our DCC zones will compromise our ability to accomplish the housing and job growth that we have established for these centers, as mini-storage can take up a lot of our limited land area. In addition, by having the land we have identified for mixed-use development taken up by storage, it will severely limit the ability to increase new sales tax that is generated (the sales tax that is generated by a storage facility will be negligible when compared with a facility that is a commercial retailer). Resources Here are some stories about what other jurisdictions are considering regarding mini-storage: • Audio Clip (a two-and-a-half-minute audio clip) from the MarketPlace from April 14, 2017, Title: Why cities are cracking down on self-storage units. https://www.marketplace.org/2017/04/14/business/cities-crack-down-self-storage-units • Article The Columbian, published on December 21, 2018, title: Vancouver puts hold on new self-storage facilities: City cites its goal of more employees per acre in development: https://www.columbian.com/news/2018/dec/21/vancouver-puts-hold-on-new-self-storage- facilities/ CONCLUSION: The Planning Commission finds that these revisions reflect the input received during the public hearing, and will improve the Comprehensive Plan Amendment process and protect the vision of the District Center Cores. Therefore, the Commission unanimously recommends that the City Council adopt these code changes. Attachment 2 DRAFT Subject to February 25, 2019 Approval CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING January 28, 2019 CALL TO ORDER: Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Vice Chair Wofford Commissioner Davis Commissioner Jones Commissioner Nerf Commissioners Excused Commissioner Pedersen Quorum Certified Andrea Spencer, Director, Department of Community Development Allison Satter, Senior Planner, Department of Community Development APPROVAL OF AGENDA COMMISSIONER DAVIS MOVED TO APPROVE THE AGENDA AS PRESENTED. VICE CHAIR WOFFORD SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES VICE CHAIR WOFFORD MOVED TO APPROVE THE MINUTES OF NOVEMBER 19, 2018 AS PRESENTED. COMMISSIONER NERF SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Tift asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Public Hearing on Two Proposed Amendments to Bremerton Municipal Code (BMC) Title 20 Ms. Satter explained that following her presentation and the public hearing, the Board will be asked to make a recommendation to the City Council. She reviewed that the Commission can recomme nd approval of the amendments as presented or as modified, recommend denial of the amendments, or continue the public hearing to an upcoming meeting for further deliberation. DRAFT Bremerton Planning Commission Minutes January 28, 2019 ~ Page 2 of 5 • Amendment 1: Revise BMC 20.10.030 as related to the Comprehensive Plan Amendment Process and other minor edits. Ms. Satter explained that BMC 20.10 regulates how the City’s Comprehensive Plan amendments are processed. While Washington State allows jurisdictions to make their own regulations for how Comprehensive Plan amendments a re processed, amendments are limited to once each year. She briefly reviewed the processes used in other nearby jurisdictions: • Kitsap County – Application deadlines are set by resolution each year with no set date. In 2019, the submittal period is January 9th through February 6th. • Port Orchard – Amendment applications must be submitted by January 28th in order to be considered for that year’s docket. • Bainbridge Island – Comprehensive Plan amendments are only done every three years, with 2019 being the next opportunity. • Poulsbo – The application deadline is November 15th for the next year’s docket. • Gig Harbor – Applications must be submitted by June 30th of the odd years in order to be considered for the following even year. Ms. Satter said the City’s current application window for Comprehensive Plan amendments is from January through April 1st, and then applications are considered that same year. Staff is proposing to change the application window to August through November 15th for consideration the following year. The code language would be amended to clarify that the State Environmental Policy Act (SEPA) review would be done after all of the applications have been submitted and the docket is set. Changing the application window would provide the City Council with more time to review the proposed amendments earlier in the year and to avoid budget meeting conflicts. The proposed window would also line up better with the end of the construction season, allowing developers to identify problems they encountered and potential amendments. Lastly, staff will have more time to process the amendments. Ms. Satter advised that staff is also proposing to add a new section (BMC 20.10.075), which would allow for preliminary review and evaluation criteria to be added to the Comprehensive Plan amendment and proposals. As proposed, the amendment would allow staff to review initial proposals early in the process for compliance with the following criteria: • Is the proposal consistent with the Growth Management Act (GMA), Washington Administrative Code (WAC), Kitsap County Policies and State and Federal law? • Will the proposal cause little or no environmental impacts? • Will the proposal maintain City plans related to level of service, revenue, etc.? • Is there sufficient time to review the proposal within the year? • Will the proposal, if adopted, result in other significant code changes not addressed? • Has the proposal already been reviewed and denied? Ms. Satter explained that if a proposal is non-compliant with the criteria, staff will present to the Planning Commission why the application should be returned, and the Planning Commission will be asked to confirm or deny the staff’s recommendation. Staff will process the proposals as the Commission recommends. Reasons for returning an application include: • An impact analysis beyond the scope of the amendment process would be needed. • The request does not meet preliminary criteria. • The proposal is already being reviewed by the City. Ms. Satter summarized that Comprehensive Plan amendments take up multiple Planning Commission meetings and City Council consideration, and it is not a good use of time to process applications that are not viable. The criteria ensure that proposals that are made for amendments are appropriate. Commissioner Nerf noted that the application fee for Comprehensive Plan amendments is quite hefty. He asked if the fee is charged when an application is submitted. Ms. Satter responded that, currently, the first step would be a pre-submittal meeting, DRAFT Bremerton Planning Commission Minutes January 28, 2019 ~ Page 3 of 5 which has an associated fee of $100. At the pre -submittal meeting, staff provides initial feedback as to whether or not the proposal meets the criteria, and the applicant can then decide whether or not to move the amendment forward. The application fee is about $1,500 per amendment and must be paid when the application is submitted. As proposed, it is likely the City would refund at least part of the fee if an application is returned if no staff work has been done. Commissioner Davis asked if there is language in the code that requires the City to begin processing the amendment within a set amount of time, or is the review process open ended and at the Director’s discretion. Director Spencer answered that the code does not stipulate a set time period by which the City must commence review of an application but that it can only be done once per year. Ms. Satter added that applications submitted by the November 15th deadline would have to be processed by the end of the following year. While it may be possible for staff to outline a timeline for a proposed amendment, she cautioned against placing specific time requirements in the code. Commissioner Davis summarized that the proposed language implies that applications will be processed by December 31st of the following year. Ms. Satter added that was the intent. Vice Chair Wofford asked how many Comprehensive Plan amendment applications the City receives. Ms. Satter responded that they typically receive several inquiries each year, but formal applications are not often made. Director Spencer added that, as staff converses with people at the counter, they are able to identify flaws in the Comprehensive Plan that morph int o staff-driven amendments. These staff-driven amendments are wrapped into the formal docketing process without a formal application by citizens. • Amendment 2: Revise BMC 20.70.030 as related to District Center Core Accessory Uses (Self -Storage) Ms. Satter advised that this amendment would remove the allowed accessory use of self-storage (aka mini storage) from within the District Center Core (DCC). She explained that, as per the current code, accessory uses require a primary use and must b e subordinate and incidental to that primary use. The intent of the current code is to allow self-storage that is not necessarily accessory to the primary use but could be. She reminded the Commission that the DCC zones are Charleston, Wheaton-Riddell and Wheaton-Sheridan. These areas are intended to be the town centers that focus on a pedestrian-friendly community with some auto-dependent uses. The City anticipates significant growth in the DCC zones (3,700 people and 1,100 jobs) by 2036 that equates to 10% of the current population and 25% of the anticipated 20-year growth. Ms. Satter reviewed that the current code was created in 2016 to allow mini storage only as an accessory use to the primary use. The intent was to provide reuse options for existing buildings that had difficult spaces to locate in because of building and fire code issues. Mini storage had to be accessory to the primary use and standards were put in place to protect the vision of the DCC (i.e. no outdoor storage was allowed, roll-up doors could not be located on the primary building frontage and hours of operation was limited). She shared an example of property on 11 th Street between Callow and Wycoff. Retrofitting this existing subgrade building was difficult because it has minimal exiting and the fire and building codes limit the occupancy load. The idea was to only allow self-storage in awkward spaces, but this stipulation was not specifically written into the code and staff is concerned about the large number of inquiries it has received. It appears that the current code is undermining the intent of the DCC zones and compromising the City’s ability to meet its growth targets. Ms. Satter observed that self-storage development does not produce many jobs per square foot or result in the level of growth anticipated, and the current provision goes beyond what was originally intended. Self-storage cannot be considered an incubator business that brings other businesses into the City, and its associated sales tax revenue does not offset the cost of the infrastructure and City investment that is anticipated for these areas. Again, she explained that the DCC zones are considered town centers, and the City is adding amenities and services (sidewalks, American’s with Disabilities Act access, gathering spaces, sewer/water/fire flow, road improvements, easy access to transit, etc.) in these areas. If the 212 acres within the DCC zones were undeveloped, it would need to be developed to at least 17 dwelling units per acre in order to accommodate the anticipated growth. Because the areas are already developed, some areas will need to have 50 dwelling units per acre and others will have less. Staff is concerned that the proliferation of self -storage development could limit the City’s ability to accommodate future growth. Ms. Satter advised that the City has received one application for a self -storage project and numerous inquiries. Applications submitted prior to adoption of the proposed change would be vested under the current code. To illustrate the staff’s concern, she noted that there is no primary use for the project on the old K -Mart site, and the self-storage space will be located at the DRAFT Bremerton Planning Commission Minutes January 28, 2019 ~ Page 4 of 5 back, with the hope that a business will locate in the front portion of the building sometime in the future. That is not con sistent with the City’s vision for the DCC zones. Again, staff is proposing to remove the provision that allows self -storage as an accessory use in the DCC zones. Ms. Satter recognized that self-storage is important and needed. She pointed out that the use is currently allowed outright in the Freeway Corridor (FC) zone, the Industrial (I) zone and some areas of the Puget Sound Industrial Center (PSIC)-Bremerton. The use is also allowed on properties within the County’s jurisdiction. Chair Tift recalled his discussion with staff regarding the former K-Mart property where the original proposal was for mini storage on the back portion of the site and retail on the front. Apparently, the applicant has been unable to fill the retai l space and has inquired about doing the entire project as mini storage. Ms. Satter clarified that the applicant is not proposing the entire building as mini storage, but keeps pushing it to include more and more. Commissioner Tift voiced concern that because there is a large, flat parking lot in front of the mini storage, it will not draw needed retail uses and additional customer base to the area. This is a good example of how the provision that allows mini storage as an accessory use did not work out as anticipated. He summarized that the model for the K-Mart property was similar to what was done in Gig Harbor, and it worked in the latter situation. However, he does not believe it is appropriate for the City’s DCC zones. Chair Tift opened the public hearing. There was no one present to participate in the hearing, and it was subsequently closed. Chair Tift observed that self-storage is needed and there is a demand. It is important that the City provide options for businesses to provide the service to the community, but not in the DCC zones. VICE CHAIR WOFFORD MOVED THAT THE COMMISSION RECOMMEND THE CITY COUNCIL ADOPT THE ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE BMC AS SHOWN IN ATTACHMENTS A AND B AND BASED UPON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTE D IN ATTACHMENT C. COMMISSIONER NERF SECONDED THE MOTION. BUSINESS MEETING Chair Report Chair Tift announced that the February meeting would be on February 25th rather than February 18th due to the holiday. Director Report Director Spencer announced that the City Council adopted the 2018 Comprehensive Plan amendments as recommended by the Commission with only one minor modification. The Commission recommended allowing duplexes within a certain distance of a Commercial District, as long as the lot size was big enough to meet the density requirement. The City Council eliminated the proviso that allowed new duplexes to be located on the same block as an existing duplex. Director Spencer reported that staff is still working with the Mayor to appoint a new member for the Planning Commission. Director Spencer shared a report she recently prepared for the Mayor’s State of the City Addres s of things the Department of Community Development, including the Planning Commission, accomplished in 2018. She specifically highlighted the following: • A number of code changes were made to be progressive and encourage more housing. • A record high 1,238 permits were approved in 2018. The valuation of the approved permits was almost $79.5 million, a record-breaking year except for 2015 when a very costly college building was constructed. • In addition to the large number of residential, multi-family and commercial space that was constructed in 2018, the City anticipates a much greater level of development in 2019. Nearly 2,000 apartment units and 20,000 square feet of commercial space is anticipated. DRAFT Bremerton Planning Commission Minutes January 28, 2019 ~ Page 5 of 5 • The Department of Community Development’s office space was recently remodeled and staff was moved around. The Tax and Licensing Division became part of the Department of Community Development, which allows for a one - stop counter. The report therefore includes information about Tax and License. Director Spencer thanked the Commissioners for their willingness to jump right to a public hearing on the two proposed Comprehensive Plan Amendments to recognize the emergency status relative to accessory uses in the DCC zones and the need to move the application window to later in the year. The Council would have appreci ated more time to consider the 2018 Docket, and the proposed change would have afforded them more opportunity for discussion. Old Business There was no old business. New Business There was no new business. ADJOURNMENT The meeting was adjourned at 6:20 p.m. Respectively Submitted by: ______________________________ ______________________________ Andrea L Spencer, AICP Rick Tift, Chair Executive Secretary Planning Commission 1 Chapter 20.10 and Section 20.70.030 BMC Updates ORDINANCE NO. 5366 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 20.10 of the Bremerton Municipal Code (BMC) entitled “Comprehensive Plan Amendments” and repealing Section 20.70.030 of the BMC entitled “Accessory Uses” within the District Center Core. WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code (“BMC”), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments are consistent with the City’s Comprehensive Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, the 2019 application window for Comprehensive Plan Amendment requests will not be impacted by the amendments of this ordinance and applications will be accepted until April 1, 2019 for proposed 2019 amendments to the Comprehensive Plan; and WHEREAS, on January 14, 2019, the proposed Zoning Code amendments were circulated to the State Agencies for the requisite review and comment period; and WHEREAS, on January 14, 2019, a State Environmental Policy Act (“SEPA”) Determination of Nonsignificance (“DNS”) was issued for the proposed action and no appeals were filed; and WHEREAS, on January 18, 2019, 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 January 28, 2019, 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 January 31, 2019, the Department of Commerce received the proposed amendments pursuant to RCW 36.70A.106 for the State’s procedural requirements for agency review; and 2 Chapter 20.10 and Section 20.70.030 BMC Updates WHEREAS, on February 22, 2019, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on March 6, 2019, 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. Findings and Recitals. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. SECTION 2. Planning Commission Findings. The finding and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as set forth herein in full. SECTION 3. Chapter 20.10 of the Bremerton Municipal Code entitled “Comprehensive Plan Amendments” is hereby amended to read as follows: Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS 20.10.010 ANNUAL AMENDMENTS. The City Council shall consider amendments to the Bremerton Comprehensive Plan no more than once each calendar year, except as provided in BMC 20.10.050. 20.10.020 APPLICATIONS. Comprehensive Plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. Application fees for Comprehensive Plan amendments shall be the same as the fee established for rezones. 20.10.030 TIME OF FILING. Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development between the first business day in January to the end of the first business day of April the first business day in August to November 15 (or the next business day if it falls on a weekend) to be considered for the following year’s amendments. Applications shall be submitted on forms prescribed by the Department, and a Presubmittal Meeting is required prior to submittal. Incomplete applications will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next calendar year amendment process. The Director of Community Development may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a significant impact on the processing of the pending applications. 3 Chapter 20.10 and Section 20.70.030 BMC Updates 20.10.040 SUSPENSION OF APPLICATIONS. The City Council may, by motion or resolution, suspend the amendment process for any given calendar year. However, in no case shall the amendment process be suspended for two (2) consecutive calendar years. 20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the Comprehensive Plan outside the annual review process set forth in BMC 20.10.010 under the following circumstances: (a) Subarea Plan. The initial adoption of a subarea plan that does not modify the Comprehensive Plan policies and designations applicable to the subarea; and (b) Shoreline Master Program. The adoption or amendment of a Shoreline Master Program under the procedures set forth in Chapter 90.58 RCW; and (c) Capital Facilities Element. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the City’s budget; and (d) Planned Actions. The adoption of Comprehensive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); and (e) Emergency Amendments. At any time an emergency situation exists, emergency Comprehensive Plan amendments may be processed separately and in addition to the standard annual amendment process even though such emergency amendment results in a Comprehensive Plan amendment more frequently than once per year. Prior to considering an emergency amendment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amendments: (1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation; (2) To address the absence of adequate and available public facilities or services; (3) To resolve an appeal of the Comprehensive Plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the Board or court or of a State agency or office or the State Legislature necessitating an emergency Comprehensive Plan amendment; or (4) Council confirmation of the Director’s finding of a conflict, inconsistency, deficiency or other internal defect in the Comprehensive Plan that requires correction for clear, complete and consistent policy direction. 20.10.060 SEPA REVIEW. After April 1st of each calendar year, After the annual Comprehensive Plan amendment docket is established, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the environmental analysis as determined by the responsible official. 4 Chapter 20.10 and Section 20.70.030 BMC Updates 20.10.070 CUMULATIVE EFFECT. In considering annual amendments to the Comprehensive Plan, the Planning Commission and the City Council shall consider all proposed amendments concurrently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 20.10.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. 20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA (a) Prior to the Planning Commission recommendation to City Council, the Department shall conduct a preliminary review and evaluation of proposed amendments and assess the extent of review that would be required under the SEPA in this chapter. The preliminary review and evaluation shall include any review by other departments deemed necessary by the Department and shall be based on the following criteria: (1) Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code? (2) Would the proposed amendment cause little or no adverse environmental impacts and, is the time required to analyze impacts available within the time frame of the standard annual review process? (3) Is sufficient analysis completed to determine any need for additional capital improvements and revenues to maintain level-of-service, and is the time required for this analysis available within the time frame for this annual review process? (4) Can the proposed amendment be considered now without conflicting with some other Comprehensive Plan established timeline? (5) Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents and is the time required for processing those amendments or revisions available within the time frame of this annual review process? (6) If the proposed amendment was previously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again? (b) If the Department determines that the answer to any of the above questions is no, it may recommend to the Planning Commission that the proposed amendment or revision not be further processed in the current amendment review cycle. Upon direction from Planning Commission, Department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the department at any time, subject to the timelines contained in this chapter. 20.10.080 DECISION CRITERIA. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if: (a) There exists an obvious technical error in the pertinent Comprehensive Plan provisions; or (b) All the following criteria have been met: (1) The amendment is consistent with the Growth Management Act; (2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City; 5 Chapter 20.10 and Section 20.70.030 BMC Updates (3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; (4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and (5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. 20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Planning Commission at a public hearing. The Planning Commission shall hold one (1) or more hearings on the proposed amendments. Following the public hearing by the Planning Commission, the Planning Commission’s recommendation shall be forwarded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. 20.10.100 CITY COUNCIL ACTION. Following receipt of the Planning Commission recommendation, the City Council shall affirm, deny, modify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommendation, it shall hold at least one (1) additional hearing on the modified recommendation prior to adoption. 20.10.110 APPEALS. Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. SECTION 4. Section 20.70.030 of the Bremerton Municipal Code entitled “Accessory Uses” within the District Center Core zone is hereby repealed in its entirety as follows: 20.70.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Mini-storage, provided: (1) Mini-storage facilities are permitted as an accessory use, and may not occupy more than fifty (50) percent of the property’s building gross floor area. With the exception of the mini-storage business office, mini-storage facilities shall not be permitted upon the street level of the multistory building where the primary entrance is located. (2) All storage units shall gain access from the interior of the buildings or site, such as access from the alley. No unit doors may face the street. (3) Mini-storage facilities located adjacent to a residential zone, shall: (i) Not be visible from the residential property. This may require that the property be screened by a Type I visual screen per BMC 20.50.050 for the facility loading bays, docks or doors. 6 Chapter 20.10 and Section 20.70.030 BMC Updates (ii) Not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m. The Director may permit extended hours of operation if the facility will not have significant noise impacts on the adjacent properties. (4) Outdoor Storage Prohibited. All goods and property stored in a mini-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor pods or shipping containers are permitted. (5) Each storage unit shall be used for storage only. No commercial or manufacturing activities, vehicle repair or services, or related activities, whether for business or personal purposes, are permitted in any storage unit. SECTION 5. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 6. 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 7. 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 ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ____________ Exhibit A Exhibit A CITY COUNCIL’S PUBLIC HEARING: ZONING CODE AMENDMENT COMPREHENSIVE PLAN AMENDMENT PROCESS & DCC’S ACCESSORY USES MARCH 6, 2019 PRESENTER: ALLISON SATTER, SENIOR PLANNER PROPOSED ZONING CODE AMENDMENTS PLANNING COMMISSION UNANIMOUSLY RECOMMENDS: 1.REVISE COMPREHENSIVE PLANAMENDMENTAPPLICATIONPROCESS 2.REMOVE DISTRICT CENTERCORE’S ALLOWED ACCESSORYUSES: SELF-STORAGE REVISE THE COMPREHENSIVE PLAN AMENDMENT PROCESS: BMC 20.10 COMPREHENSIVE PLAN AMENDMENT PROCESS PROPOSED AMENDMENTS •CHANGE THE WINDOW TO ACCEPT APPLICATION •THIS IMPACTS SEPA TIMELINES WITHIN BMC 20.10 •WAS 3 MONTHS (JAN, FEB AND MAR); PROPOSAL IS 3.5 MONTHS (A UG, SEPT, OCT, NOV 15) •COUNCIL MORE REVIEW TIME AND LESS BUDGET MEETING CONFLICTS •LINES BETTER WITH END OF CONSTRUCTION SEASON •PROVIDES STAFF MORE TIME TO PROCESS AMENDMENTS •COMP PLAN AMENDMENTS CAN ONLY HAPPEN ONCE A YEAR PER GMA Comprehensive Plan Amendment Application Window by Local Jurisdiction Kitsap County Port Orchard Bainbridge Island Poulsbo Gig Harbor Varies each year and set by resolution in Fall {2019 = January 9 to February 6} Apply by January 28 for that year’s docket Every 3 years you can apply from January to February Submit by November 15 for next year’s docket Submit by June 30th of odd years to be considered for the following year 2ND TOPIC: REMOVE DISTRICT CENTER CORE’S ACCESSORY USE PROVISION DISTRICT CENTER CORE’S ACCESSORY USES: MINI-STORAGE •REMOVE A RECENT ADDITION TO THE CODE THAT ALLOWED ACCESSORY USE OF SELF-STORAGE (AKA MINI-STORAGE) WITHIN THE DCC ZONES •DCC ZONES: •CHARLESTON •WHEATON-RIDDELL •WHEATON-SHERIDAN •INTENT: TOWN CENTER WITH FOCUS ON PEDESTRIAN FRIENDLY COMMUNITY WITH SOME AUTO DEPENDENCE •ANTICIPATED 3,700 MORE PEOPLE (10% OF CURRENT POPULATION AND 25% OF 20YR GROWTH) AND 1,100 MORE JOBS •2016 –CODE WAS CREATED •MINI-STORAGE ONLY AS ACCESSORY TO THE PRIMARY USE DISTRICT CENTER CORE’S ACCESSORY USES: MINI-STORAGE WHAT DOES THE CODE ALLOW: •PROVIDE REUSE OPTIONS FOR EXISTING BUILDINGS •HAS TO BE ACCESSORY •STANDARDS TO PROTECT VISION OF DCC •BUILDING OR FIRE CODE ISSUES •SUBGRADE BUILDING •MINIMAL EXITING •REQUIRE TO LIMIT OCCUPANT LOAD •EXISTING SPACE -RETROFITTING Remove specific code provisions regarding a specific accessory use in DCC CURRENT PROPOSAL: REMOVE BMC 20.70.030 WHERE CAN SELF-STORAGE GO IN CITY? •FREEWAY CORRIDOR ZONE (RED) •I NDUSTRIAL ZONE (GRAY) •SOME AREAS OF PSIC- BREMERTON (B LUE) •3000 ACRES OUTRIGHT PERMITTED PUBLIC HEARING SUMMARY OF AMENDMENTS: Change how the City processes Comprehensive Plan Amendment Applications (BMC 20.10) •Change Application Window •Allow preliminary review of proposals 1 Remove DCC’s Accessory Uses code (BMC 20.70.030) 2 From: Bremerton School District Date: Thu, Feb 14, 2019, 3:06 PM Subject: NO SCHOOL Friday, Feb. 15 To: < parents@gmail.com> NO SCHOOL Friday, Feb. 15 More than two-thirds of our students either walk or are driven to school. While we recognize that many roadways are now clear, most sidewalks in the District are still covered with deep snow and ice. We know these snow days are a hardship on many of our f amilies. But the bottom line is safety. It is not safe to have hundreds of our children and families walking to their neighborhood schools on the road because sidewalks aren’t clear after the record -breaking snowfall our community has experienced. Our facilities staff have done an outstanding job getting our facilities ready to go, and the City of Bremerton has done a tremendous job clearing roadways. We want to thank the City for clearing the neighborhood streets around our schools.