Loading...
11/28/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 28, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger, Mayor Protem Rita Diienno Carolyn Powers Ron Rider Rick Wyatt ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Treasurer Kristine Tompkins, City Clerk Etgen, Police Chief Townsend, and City Attorney Combs. 6:30 P.M. CAll TO ORDER Howard Minor led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA The Mayor noted there had been a change to the draft minutes on the consent agenda noting Council Member Diienno's vote regarding funding of repairs for the marquee. PRESENTATION Kitsap Economic Development Council Update David Porter, Executive Director, and Kathy Cocus, Business Recruitment and Retention Manager for Kitsap Economic Development Council reported on: the Economic Development Council's Business Retention Program, an upcoming campaign to buy local, and the Business to Business Directory available through the website. Mr. Porter reported that businesses are attracted to the area because of the availability of marine services and equipment, clean and alternative energy, and information technology. He said some of the weak points in attracting businesses to the County are a lack of community identity/vision and timeliness and predictability in permitting. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA No comments. PUBLIC HEARING CUP 016-05 Bed and Breakfast Planning Director Long-Woods reviewed the application under consideration for a Conditional Use Permit for a five-bedroom Bed and Breakfast and a request to hold special events and meetings in an existing 4,600 square foot residence. This is an existing historic residence with seven bedrooms, but the application is for five Minutes of November 28, 2005 Page 2 of 12 bedrooms. The applicants have provided the required onsite parking for the Bed and Breakfast. The Planning Commission reviewed the application on November 21, 2005 at a public meeting. The Port Orchard Zoning Code defines a Bed and Breakfast as an owner-occupied dwelling unit or accessory unit with no more than five bedrooms available for paying guests. If there are more than five bedrooms, the hotel/motel definition applies, which is not allowed in a residential zone, only in a commercial zone. The property is zoned R-8 and a Bed and Breakfast is allowed with a Conditional Use Permit. It is located at the northwest corner of the Seattle Avenue and Prospect Alley intersection. No new construction is expected. The interior was remodeled to reflect the original character. The home was built at the turn of the century and is designated as an historic building. Primary access is Seattle Avenue, which is classified as a collector road. The existing portion of Seattle Avenue as identified is substandard in the way it was built; the pavement width is 14 feet with no curb, gutter or sidewalks. Collector roads are supposed to be 60 feet in width with 40 feet of payment and improvements. Allies are to have 16 feet of pavement. Comments were received from the Fire Department. They had no concerns about the five-bedroom Bed and Breakfast portion of the request but did have concerns about the Special Events request. The on-site parking as approved allows for one parking space for each bedroom plus two for the facility, for a total of seven. An attached residence above the garage has two parking spaces for a total of nine on the entire lot. This meets the parking requirements for the five-bedroom Bed and Breakfast. There is no approved plan for off or on-site parking for the proposed Special Events. Conflicting numbers have been given as to the number of people who may attend special events from 50 and up, or as identified at the Planning Commission meeting as potentially being between 100 and 175. The IBC Code designates the number allowed at a special event or assembly hall setting as based on the square footage of the facility. The Critical Areas Ordinance allows for some parking spaces near a steep slope if a geotech or study identifies the slopes as stable with the existing conditions and then proposes mitigation if allowed in buffer zones. The requirements were met for this application. The City Engineer has the ability to approve the parking in lieu of a variance for setback requirements. The findings and conclusions are part of the Planning Commission resolution and staff report. The issue of identified parking for a Special Events facility is still outstanding. The Zoning Ordinance states that for residential use, offsite parking can be used but it has to be within 500 feet of the closest corner of the building, and a plan has not been provided. The Planning Commission voted to not approve the Special Events application for that reason. Minutes of November 28, 2005 Page 3 of 12 There were three motions passed by the Planning Commission; 1) approve the five- bedroom Bed and Breakfast; 2) deny the request for the Special Events because they could not provide parking; and 3) suggest Council revise Code requirements for Bed and Breakfast facilities to make it more amenable to applicants as it is very brief and non-descriptive. City Attorney Combs advised Council that while they normally operate in a legislative capacity, during this Public Hearing they are acting as a quasi-judicial tribunal and it is required that they not be political, and are fair and impartial with no conflict of interest or appearance of fairness violations. Council was to disclose any ex-parte contact regarding this application with anyone outside of this public hearing, and to state for the record any beliefs of an actual or apparent conflict of interest to expose it. Mr. Combs reiterated it is not Council's job to set policy during the hearing, but to listen to evidence and apply existing laws to the matter as a judicial panel. When asked if anyone felt they could not make a fair and impartial decision, there was no response by Council Members. When asked if anyone in the audience felt any members of the Council could not make a fair and impartial decision, there was no response. When asked if any Council Member had received verbal or written communication about the application after it was filed, Council Member Dilenno responded that she had received a phone message a couple of weeks ago about a delay in posting notice on the property, but that she had not followed up by returning the call. City Attorney Combs stated it would not be a disqualifying issue. Public Works Director Abed reported one of the issues they reviewed was looking at one structure with two proposed uses. The understanding by the Fire Marshall is that there are to be 10 people or less as the occupational load for the Bed and Breakfast use. The Revised Code of Washington (RCW) allows the City to classify the property as R3 and is acceptable based on that criterion. The issue of using the facility for assemblies is key because of the requirements for off-site parking. The Special Event application stated the facility would be used for wedding receptions, dinners and other social events. The Building Code was reviewed to match this type of occupancy for consistency, and it appeared to fall under the definition of an assembly, which includes the use of a building or structure for a gathering together of persons for civic, social, or religious functions. There are different types of assemblies, and Mr. Abed reported he wanted to verify the correct definition was used to look at parking requirements. Mr. Abed reiterated that the off-site parking is required to be no more than 500 feet from the building, which is why the Planning Commission rejected that part of their application, and the applicant agreed to narrow the focus of the application to only a five-bedroom Bed and Breakfast. With the narrowing of the request, it eliminated the need for off-site parking and a traffic impact analysis study. Minutes of November 28, 2005 Page 4 of 12 Mr. Abed reported he met with the Building Inspector and applicant to review Building Code requirements in terms of the two uses. The Code and fire protection requirements were two issues addressed. A two-hour firewall from the first floor through the roof would be necessary to separate the two types of uses originally requested in the structure. The second fire protection method requires two walls. Under the Code, an assembly building of 750 square feet would require a sprinkler system. Mr. Abed reported mitigation is allowed for existing historical structures, but the criteria is quite strict. The main issue for the Special Use application is the lack of off-site parking. City Attorney Combs pointed out that the staff reports, Planning Commission resolution and Codes are automatically a part of the public hearing record, and that the burden is on the applicant to show they have met the seven criteria as set forth on page 90 of the Zoning Ordnance of the staff report. The application cannot be approved if all the criteria are not met. In response to a question by Council Member Diienno, Mr. Combs stated it appeared the applicant wanted to proceed with both requests. At 7:14p.m. the Mayor opened the Public Hearing to public testimony. Kathy Michael, applicant, displayed a copy of a brochure from 1909 and the 1970's published by Kitsap Bank discussing the historic events at the time the house was built. It was constructed in 1908 by Peter Nordby and family, and completed in 1909. Ms. Michael stated they wanted to buy the house because it had long been a dream to have an historic house. They have restored the house; it has been a challenge but also a great pleasure. Ms. Michael stated they had an opportunity to meet and speak with two of the granddaughters, Marilyn in Seattle and Barbara in San Diego. Ms. Michael stated it was a disappointment that Gerry Bruckhart did not get to see the residence again after reminiscing about playing on the porches of the house during her childhood. Ms. Michael displayed pictures of how the house had changed over the years. The house disappeared from view behind landscaping and the trees by the time they bought it. You could not see downtown from the house or the house from downtown. The water was not in view until you leaned over the unstable railing on the second story of the house. Ms. Michael stated the Planning Commission broke the request into three sections, the first being tied to the Bed and Breakfast, the second the Special Events request, and the third with recommendations to Council. She stated it was confusing for them and the Planning Commission. Ms. Michael stated they did originally request seven bedrooms with the Conditional Use Permit. At the time they bought it there were eight bedrooms in the home and they returned it to the original seven bedroom home, then learned they could not get a variance because the Code limited the number of bedrooms to five, so they revised the application to five. The application included the Special Events request. Minutes of November 28, 2005 Page 5 of 12 The Planning Commission recommended the approval of five-bedroom Conditional Use Permit application and requested Council address the allowance of seven bedrooms on a site-specific basis. She stated they meet all the requirements for seven bedrooms, including the parking standards. The use of seven bedrooms allows the full historical use of the house. She stated there are over 600 Bed and Breakfast establishments in Washington State, bringing economic vitality to their communities. Poulsbo and the County allow 10- bedroom Bed and Breakfasts. The number of allowable bedrooms in Port Angeles is based on the square footage of the lot, and Port Townsend allows up to 20 bedrooms and is one of the main Bed and Breakfast areas in the region. They are asking that Council revise the Code to base the number of allowable bedrooms on the site. Ms. Michael stated they believe they have met the International Building Code (IBC) requirements with the number of bedrooms they are requesting. Condition No. 2 has been handled along with Condition No. 3, by placing a log six feet from the electrical box. The geotech wanted a log or curb to prevent people parking closer than six feet to the area as they come down Seattle Avenue towards the property on the eastside of the street. They have also put logs in the parking lot and complied with Condition No. 4 to ensure runoff does not go down the steep slopes. The existing parking area has always been used for parking, even when it was City right-of-way. They took care of the six-foot parking requirement by implementing the recommendations of the geotech. There is no need for site improvement in the parking lot, as confirmed by the City Engineer. At this point in time they meet all the requirements for a five-bedroom Bed and Breakfast and are asking Council to remove the restriction on the number of bedrooms. Ms. Michael reiterated they have parking on site for seven bedrooms; they are required to have two for the facility and two for themselves, which are in the garage and behind the garage, as the owners are allowed to tandem park. She said they left the Special Event request in the application to make sure their purpose for future use was clear. City Attorney Combs reminded council they could deliberate only after all testimony was taken. Gil Michael, co-applicant, came forward to join Ms. Michael. City Attorney Combs reported that although Mr. Michael is the Chairman of the Planning Commission, he was not present, as appropriate, at the Planning Commission meeting regarding this application. His wife and their attorney made the presentation. Mr. Combs stated Mr. Michael is allowed to be part of the presentation during this public hearing. Ms. Michael stated Council changed the ordinance to limit the number of bedrooms in a Bed and Breakfast to five bedrooms in 1998, and they would like the ordinance to be restored to what it previously was. Minutes of November 28, 2005 Page 6 of 12 City Attorney Combs stated it was not possible to change the Code this evening. The laws Council must use to consider the application are based on those that were in effect at the time the application was submitted. Council was reminded they were not sitting as a policy making board but as a quasi-judicial body taking the law into account and applying it to the application being considered. There is a legal process to modify the Code involving public hearings that are properly advertised. Council Member Wyatt stated he would like to ask questions as the matters came up rather than wait to review the three issues separately, and questioned why it appeared the procedure had changed. City Attorney Combs stated normally staff addressed Council, followed by the applicant and other testimony, and then there was deliberation and clarifying questions. Council Member Wyatt asked if there was enough parking for seven bedrooms on site. Ms. Michael stated yes, but that it had not been brought up at the Planning commission because the current Code does not allow for seven bedrooms in a Bed and Breakfast. Ms. Michael asked that Council move to change the Code. It was not until the meeting with the Planning Commission that they realized they could not receive the variance for their Special Events application. It is their desire that Council be aware of the issue in order for it to be addressed. Ms. Michael noted they obviously could not accommodate large groups with onsite parking. As the City Engineer indicated, the IBC allows less than 50 people in a 750 square foot area for sit down table/chair type functions with a minimum of one egress in and out of the area. Originally they had thought of off-site parking because the assembly designation is non-residential, but now they believe they qualify for at least having less than 50 at a sit down table and chairs event. Using the average of 2.5 people per vehicle would give them the ability to park on-site. Ms. Michael stated it is her understanding that in this type of situation valet parking could be provided. The City approved this type of plan when the Cline Street rezone was approved with 13 parking spaces on site and proposed an additional 16 off-site spaces, and ended up with a total of 23. She felt the City had set a precedent and could apply the same to their property for special events. Their designation is R1, resident-occupants, where the occupants are transient like boarding houses and motels, but she stated they are not bringing people in like a boarding house to stay for a longer term. Ms. Michael quoted the Washington Administrative Code (WAC) classifying Bed and Breakfasts as a transient facility classified as R1 when accommodating more than 10 persons and R3 for 10 persons or less. She stated it appears the WAC allows 10 or more persons, but as long as the limit of five bedrooms is in effect, it is a mute point. Ms. Michael stated under the assembly designation there is confusion as to whether they are an A1 or A3 designation. An A1 designation has fixed seating like performing arts and motion pictures including theaters, symphony and concert halls and television studios. A3 is for recreation and are not limited to things such as dance halls and Minutes of November 28, 2005 Page 7 of 12 exhibition halls. Ms. Michael stated they can meet that requirement and hypothetically if there are 600 Bed and Breakfasts in Washington State there is something more applicable to what they are doing in the IBC, because they are not a bowling alley or church. Ms. Michael stated they are willing to comply with the more strict requirements until the City sorts through how other cities handle Bed and Breakfasts. Ms. Michael stated nothing they are doing is nonresidential. Birthday parties, graduations and weddings are all considered residential uses. Complications arise when attempting to apply the IBC to an existing house, although they have been told they can mitigate. She said it would be extraordinary for them to have a sit down dinner for 50 people. Ms. Michael synopsized another section of the Code referring to historical homes. Ms. Michael reported the IBC states that in dwellings with not more than three stories a separate egress must exist to comply with the Code, and that a building change shall be permitted that complies with the Code. She said they feel they would be able to meet the 50 people or less sit down dinner with tables and chairs in 750 square feet and be able to provide 20 parking spaces on-site. She stated she felt Council could allow this to move forward with the Special Event application. If not possible, they would request a temporary permit to see how it works. Ms. Michael stated she would like to see hundreds of people flood into the City on weekends for events like small weddings, and that the businesses would be ecstatic with the revenue coming into the City. She pointed to Leavenworth and how they are affected by Bed and Breakfast business impacting the business in the City. Council Member Dilenno asked when they had been told about qualifying as an assembly. Mr. Michael stated it had been brought up in a phone call the week before the Planning Commission meeting, and that they had only been provided with one page listing the specific square footage requirement. No other information was given to them until after the Planning Commission meeting; a lot of the information was new to them. Mr. Michael stated the first time he heard about it was after the Planning Commission meeting when he met with the City Engineer and the Building Inspector and got a copy of the definition of an assembly from the IBC. Mr. Michael stated he bought a copy of the IBC to get the remainder of the information. Ms. Michael stated in 80 to 90 percent of Port Orchard there would be no place for off- site parking within 50 feet. Ms. Michael said they reviewed their title to see if it was allowed, but they cannot provide it. She stated there should be a clarification between outside and inside events. She stated they do not wish to put 125 people at an inside event but would like to see an outside wedding with perhaps a shuttle providing transportation to eight to 10 people at a time for minimal impact and then perhaps limit the number of trips. They could refer customers to other Bed and Breakfasts if they were full. Minutes of November 28, 2005 Page 8 of 12 Council Member Powers asked Ms. Michael if they would consider proceeding with the special use permit for the five-bedroom Bed and Breakfast and allow Council to review the other issues at another meeting. She asked about the access and whether the City Engineer needed to address it further. Mr. Abed reported the Special Events request could not be considered under the current Code, and that access for the five-bedroom facility was satisfactory, but more traffic would trigger review of the requirements. Ms. Michael stated they would like to at receive authorization for the Conditional Use Permit for the five-bedroom Bed and Breakfast. She expressed her belief that the streets and parking could handle the impact without changing the atmosphere of the neighborhood. In response to a question from Council Member Diienno, City Attorney Combs stated Council can only consider the information with the request before them at this public hearing, and there is no parking in the application that would allow for a Special Events permit. He reminded Council that a public process is required in order to change the Code. The City Attorney and Council briefly discussed the parking map. Mr. Michael explained that they originally had nine parking spaces and had been requested to revise the number for the final submission. The number of 175 people was provided when staff requested the maximum number of people who would attend Special Events, based on a five-year time frame. The revised number of requested parking spaces is just for the five-bedroom Bed and Breakfast. Ms. Michael reiterated their desire to have Council consider their request for a seven- bedroom Bed and Breakfast and a Special Events permit. She again expressed her concern about another business being allowed a Special Events permit without the parking and questioned Council would address that situation. RECESS Council recessed at 8:37 p.m., reconvening into the Public Hearing at 8:48 p.m. Howard Minor congratulated the Michaels on the work they had accomplished. He stated he had planned on filling it with antiques to bring people in and was glad he had not done so. He recalled when he built the first building on Black Jack Creek that Council could not do enough for him, and commented now there appears to be arguing over two parking spaces. He stated six to eight cars are always parked two houses down from the Michaels just for a family and the property is not as big as the Michael's. Jim Gauthier reported he has been a businessman in Port Orchard for 22 years and performed the architectural design work on the Michael home. He stated there is a lot of artwork that went into the design and structure of the building, and it is an asset to the City of Port Orchard. He feels their business will be a cornerstone for Port Orchard to become a Bed and Breakfast community, as Port Townsend is. He expressed concern over only allowing a five-bedroom Bed and Breakfast at the site with the Minutes of November 28, 2005 Page 9 of 12 beautiful views available from each of the seven rooms and felt the number of parking stalls should not prevent the use of the other two bedrooms. Tim Thomson of Port Orchard requested the Conditional Use Permit be approved. He stated he lives behind a Bed and Breakfast and that the events such as weddings have not inconvenienced them or impacted their way of life. He noted the Port Orchard Code appear to be deficient and asked Council to consider rewriting the section on Bed and Breakfasts. Mr. Thomson added he believes the house is a lasting treasure in the community. Ron Rada stated he has a business within City limits and is a past president of the Port Orchard Chamber of Commerce. He reported he intends to build a Bed and Breakfast in Manchester and recently attended a State Bed and Breakfast Guild meeting. He hopes the County's regulations are not so stringent and asked that the City review their Bed and Breakfast regulations. He expressed his surprise that there are 600 Bed and Breakfasts in Washington State and none in Port Orchard, and feels the parking requirements are staggering. Most Bed and Breakfasts have 8.5 bedrooms and 42 percent have meeting rooms and offer on-site activities such as weddings. Gil Michael is doing a majority of the work on the house himself and the Bed and Breakfast will attract a lot of people to the community. Ron Bates, Southworth, stated he has pioneered three things in Kitsap County and Seattle and that it is always a struggle. He believes people will come to the Bed and Breakfast by bicycle, motorcycle, automobile and water transportation. He stated if people come in boats there is a need for more moorage. He would like to see a reservation service for the moorage of boats. He suggested Mr. Michael work with the adjacent property owner to obtain more parking. Miles Mason, citizen, stated he obtained a license as a Bed and Breakfast from the State in order to use it someday. He would be happy to work with Mr. Michael to solve parking issues and is pleased to see a Bed and Breakfast go in. Denise Thomson, citizen, stated she agreed with her husband and stated the Port Orchard Revitalization Team (PORT) had talked about strategies for economic development and one of them had been for bringing in Bed and Breakfasts. She stated she has frequented Bed and Breakfasts for thirty years and understands their philosophy and that most of the individuals who frequent Bed and Breakfasts prefer quiet and like the residential environment. She suggested the special events would usually be family events and she strongly supports the request. With no further testimony, the Public Hearing was closed to public testimony at 9:04 p.m. Minutes of November 28, 2005 Page 10 of 12 Council Member Diienno moved and Council Member Clauson seconded a motion to approve the Conditional Use Permit for a five-bedroom Bed and Breakfast and to adopt Planning Commission Resolution 22-05. Council Member Diienno expressed her wish that the City's rules for Bed and Breakfast establishments were more user-friendly, and commended the Michaels on the work done on their property. Council Member Rider expressed his desire to address the other issues. Council Member Powers also complimented the Michaels on the property and expressed her opinion that she hopes Council addresses the other issues in the future. In response to a question by Council Member Wyatt, the City Attorney advised Council could go through the public process to modify the rules as discussed by the first of February. Council Member Geiger also complimented the Michaels on the home. Upon vote, motion carried unanimously. Council Member Clauson moved and Council Member Wyatt seconded a motion to direct staff to proceed with modifying the current regulations to allow for seven bedrooms by an administrative process as quickly as possible. Upon vote, motion carried unanimously. CONSENT AGENDA Councilmember Clauson moved and Councilmember Wyatt seconded a motion approving the Consent Agenda. Upon vote, motion carried unanimously. A. Approval of November 14, 2005 Minutes B. Adoption of Resolution 034-05 Authorizing Surplus of Firearms C. Approval of Application for Public Event and Fireworks Display-Festival of Chimes and Lights BUSINESS ITEMS Approval of Recommendation by Lodging Tax Advisory Committee for Distribution of 2005/2006 Hotel-Motel Tax Funds -Continued from November 14. 2005 Council Meeting The motion on the floor, moved by Council Member Dilenno and seconded by Council Member Rider is to approve the Committee's recommendation for allocation of Hotel/Motel Tax. Council Member Clauson advised he spoke with employees at the County regarding the late application for Concerts by the Bay; they advised it had simply slipped through the cracks. Minutes of November 28, 2005 Page 11 of 12 Council Member Clauson moved and Council Member Diienno seconded a motion to amend the motion to allocate $5,000 to Concerts by the Bay with the funding to come from the Visitors and Convention Bureau and Chamber of Commerce allocations if the Treasurer did not have the additional amount in the Fund. Upon vote, motion carried unanimously. Adoption of Resolution 038-05 Authorizing the for Mayor to Enter Into an Employment Agreement with Municipal Judge Tarrell S. Decker Council Member Clauson moved and Council Member Wyatt seconded a motion to adopt Resolution 038-05 authorizing the Mayor to enter into a contract with Judge Tarrell S. Decker. City Attorney Combs noted that the wording in the contract regarding medical benefits needed to be modified to be in line with those given to other employees. Council Member Clauson and Diienno agreed to the friendly amendment to approve the contract with changes to the medical benefit section to bring the benefits in line with those given to other employees. Upon vote, motion carried unanimously. Authorization for Mayor to Sign Change Order No. 12 for the JWWTP Council Member Rider moved and Council Member Cramer seconded a motion to authorize the Mayor to sign Change Order No. 12 for the Joint Waste Water Treatment Plant in the amount of $82,062.85 plus Washington State Sales Tax. Upon vote, motion carried unanimously. MEETING PAST ADJOURNMENT TIME Council Member Dilenno moved and Council Member Cramer seconded a motion to continue the meeting past the adjournment time through the Executive Session. Upon vote, motion carried unanimously. EXECUTIVE SESSION -Pending Litigation [RCW 42.30.110 (1)(i)(A) and (B)] Council went into executive session at 9:31 p.m. to discuss pending litigation, reconvening into regular session at 9:59 p.m. EXCUSED ABSENCES Council Member Clauson moved and Council Member Diienno seconded a motion to excuse Council Members Rider and Wyatt from the regular Council Meeting of December 12, 2005. Upon vote, motion carried unanimously. COUNCil/MAYOR-STAFF REPORTS Mayor Abel reported she had received requests by members of the public for up to 40 minutes on the issue of best available science at the continued Critical Areas Ordinance Public Hearing on December 12th, and asked Council for direction. It appeared to be Minutes of November 28, 2005 Page 12 of 12 the consensus that 20 minutes for the group of three individuals testifying would be allowed. ADJOURNMENT At 10:02 p.m. Mayor Abel adjourned the meeting to go into a Study Session to discuss the proposed 2006 Budget. BUDGET STUDY SESSION Council Member Dilenno moved and Council Member Cramer seconded a motion to continue the budget Study Session to November 30, 2005, at 7:30 p.m. Upon vote, motion carried unanimously. ADJOURNMENT The Study Session was adjourned at 10:04 p.m. Kim E. Abel, Mayor