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01/24/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 24, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger, Mayor Protem Rita Dilenno Carolyn Powers, Excused Ron Rider Rick Wyatt ALSO PRESENT: Planning Director Joanne Long-Woods, Associate Planner Glynis Casey, City Clerk Carol Etgen, Police Chief Alan Townsend, and City Attorney Loren Combs. 6:30P.M. CALL TO ORDER Annapolis Water Commissioner Jeannie Screws led the audience and Council in the Pledge of Allegiance. PRESENTATIONS Y Department of Emergency Management, Regarding Adoption of the Kitsap County Multi-Hazard Mitigation Plan Jeannie Screws, Department of Emergency Management, and Kathy Woodside, Code Enforcement Officer for the City of Port Orchard, presented the Kitsap County Multi- Hazard Mitigation Plan to Council, noting the changes to the document since the last presentation by Emergency Management. Y Cindy Baker, James Weaver and Eva Khoury Regarding Sub Area Plan Cindy Baker, Director of the Department of Community Development for Kitsap County, reported the population allocation reports have been completed, along with the land capacity update for the Sub Area Plan. The new consultant was introduced to Council, along with other planners involved in the process. The Citizens Advisory Group has elected a chair and they will be working to identify a study area, which is a larger area that could be impacted by an expanded urban growth area. An updated timeline was provided to Council. APPROVAL OF AGENDA An executive session was added to the agenda to discuss on-going and potential litigation. Minutes of January 24, 2005 Page 2 of 6 EXCUSED ABSENCE OF COUNCIL MEMBER Council Member Cramer moved and Council Member Geiger moved to excuse Council Member Powers from the meeting. Upon vote, motion carried unanimously. AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lucas, citizen, spoke about requirements for the width and turnaround clearances of roads for rescue vehicles. He stated Goldenrod Street does not meet the requirements, and that it presents an unsafe condition. He asked when the City would be upgrading the streets. Malcolm Flemming, Administrative Director of Kitsap County, encouraged Council to bring the Government Overlay District discussion forward as soon as possible. PUBLIC HEARINGS > Consideration of Modification to Zoning Ordinance to Provide Standards for a Master Plan within a Government Overlay District (Continued from Meeting of January 10, 2005) This public hearing was continued to February 28, 2005 and will be re-noticed. > Consideration of Modification to Zoning Ordinance to Add Standards for Small Lot Development (Continued from Meeting of January 10, 2005) Joanne Long-Woods, Planning Director, reported on the need to amend the existing Zoning Code to allow detached housing developments for properties with R-12 and R- 20 designations. Associate Planner Glynis Casey spoke to details of the proposed changes, noting that some of the most important issues to address in zoning designations for urban areas are those of character and compatibility, parking, affordability, open space, and the provision of safe places for children to walk to school. Ms. Long-Woods pointed out that policies within the Comprehensive Plan under the conclusion section were drawn out and changes made to allow for infill development and the creation of good mixed land use within the City. Ms. Long-Woods stated the Planning Commission recommends approval of the proposed modifications. The Mayor opened the public hearing to public testimony. Patrick Lucas, citizen, stated he liked the plan, but noted it does not address street width, and suggested the Fire District be consulted. Mr. Lucas was pleased to note there were sidewalks in the plan, and questioned whether the streets were all meant to be designated as collector streets. Christine Sanders, citizen, stated she saw serious problems with the plan. Ms. Sanders stated she didn't believe there was any undeveloped property in Port Orchard that this Minutes of January 24, 2005 Page 3 of 6 zoning plan would work for. She stated blending R12 and R20 zones together with apartment building and houses would only create a mess. Ms. Sanders expressed her opinion that crowded neighborhoods would create difficulties for police and fire crews responding to crimes and emergency situations. Ms. Sanders stated it was obvious that the proposed changes would create the biggest benefit in additional tax revenues and more money for developers. She added that traffic, drainage and sewer would all be bigger problems. William Palmer, Land-Use Planning Consultant, advised he was speaking as a representative for several people who have been working for months to attempt to reconcile inconsistencies in the Port Orchard Zoning Code. He noted it was his understanding that Council had been prompted to ask the Planning Commission to review the Zoning Code after there had been several administrative appeals in 2003. Mr. Palmer provided handouts to Council that he felt presented good examples of small lot development. He pointed out provisions in the examples for stormwater retention, off-street parking, common and recreational open space, and care of significant trees. Mr. Palmer expressed his belief that there are several areas in Port Orchard similar to those used in his examples, and provisions for amenities and proper development of usable open space would attract people who are looking for this type of environment. Mr. Palmer presented other examples that: • Provide good drainage corridors for steep sloped areas, • Show how homes can be built and landscaped appropriately on angled lots, • Provide proper turnaround space for emergency vehicles and buses, • Show how decks can be used on housing units, and • Provide for additional lawn and garden areas in small lots. Mr. Palmer expressed his belief that these development standards could be accomplished with an open space requirement of 15 percent, and that 20 percent would not work. Gil Michael, citizen, recommended Council consider modifying the impervious surface area limits from the proposed 70 percent to 85 percent, as Mr. Palmer suggested. He also expressed concern about the 40-foot minimum site circle, stating the requirement would prevent developers and individual property owners from working with unique sites. He stated the proposal works well for square lots but does not work well for cui de sacs and other unique development possibilities. Scott Servin, Oakridge Homes, Gig Harbor, spoke in favor of the changes and that he believed the open space requirement should be modified to 15%, and stated there needs to be exceptions for odd-shaped lots that occur in cui-de-sacs and similar situations. Minutes of January 24, 2005 Page 4 of 6 With no one else coming forward to testify, the Mayor closed the public hearing to further public testimony at 7:29 p.m. Council Member Dilenno thanked the Planning Commission and staff for their work on this issue, but asked how Council's original request for review of R4.5 lot standards ended up generating this recommendation for R12 and R20 lot standards. She stated she felt the topographical layout of Port Orchard does not support the existing R4.5 standards nor does it properly implement the Growth Management Act. Planning Director Long-Woods reported she was sure the Planning Commission would be happy to address R4.5 and R8 lot standards; she had only recently become aware of Council's original request. Ms. Long-Woods stated the Planning Commission had discussed the 40-foot circle issue by allowing builders to develop irregularly shaped lots using a 25-foot setback and placing the 40-foot circle requirement within the remaining buildable area. She stated it is her hope that this discussion and future changes to the zoning code create the basis for meeting both future population demands and Growth Management Act requirements. Council Member Dilenno moved and Council Member Rider seconded a motion to move this issue to a Study Session at the earliest possible date. Upon vote, motion carried unanimously. RECESS Council recessed at 7:43 p.m., reconvening into regular session at 7:51 p.m. CONSENT AGENDA Council member Rider moved and Council member Wyatt seconded a motion approving the Consent Agenda. Motion carried unanimously. A. Minutes of the January 10, 2005 City Council Meeting B. Approval of Claim Warrants Nos. 42666-42751 in the amount of $397,533.54 C. Authorization for Mayor to Sign Renewal of Countywide Traffic Safety Task Force Mutual Aid and Interlocal Agreement D. Authorization for the Mayor and Police Chief to Sign the Marine Patrol Interlocal Agreement Between the City and City of Bremerton E. Passage of Ordinance No. 001-05 Modifying the Coverage Limits of Faithful Performance Bonds for City Employees BUSINESS ITEMS Adoption of Resolution No. 002-05 Adopting the Kitsap County Multi-Hazard Mitigation Plan Minutes of January 24, 2005 Page 5 of 6 Council Member Rider moved and Council Member Diienno seconded a motion to adopt Resolution 002-05 adopting the Kitsap County Multi-Hazard Mitigation Plan. Upon vote, motion carried unanimously. Acceptance of Public Art -Library Mural Council Member Rider moved and Council Member Clauson seconded a motion to accept the gift of public art from the Friends of the Library for a mural to be painted on the east side of the downtown Port Orchard library building. Upon vote, motion carried unanimously. Ratification of the Countywide Planning Policies Council Member Geiger moved and Council Member Clauson seconded a motion to ratify the Countywide Planning Policies as adopted by the Kitsap County Commissioners at their November 22, 2004 meeting. Upon vote, motion carried unanimously. COUNCil/MAYOR & STAFF REPORT Planning Director Long-Woods reported on the process to update the City's Comprehensive Land Use Plan. Chief Townsend reported the administrative changes proposed to the Boat and RV Parking Ordinance would not affect his department's enforcement ability. Council Member Diienno noted that permit holders could be notified by letter of the Council's decision to not put a time limit on the permits. Council directed the Finance Committee to review the City's contract with Waste Management for garbage disposal services, as the current contract's term ends mid- year. Mayor Abel reported she will be attending the Kitsap Regional Coordinating Committee meeting next week. The agenda will be distributed to Council members tomorrow. The following committee meetings were set during the Council meeting: Finance, Insurance & Negotiations-January 2ih, 7:30a.m. and February 3rd, 7:30 a.m., City Hall Sewer Advisory Committee-February 16th, 6:30 p.m., Karcher Creek Sewer District Facility Streets, Alleys & Storm Water Committee -Waiting on City Attorney Economic Development Committee-January 27th, 7:00 p.m., City Hall Public Property Committee-February 2nd, 7:30 a.m., City Hall Growth Management Committee -Date uncertain -to be noticed when verified Public Safety-February 28th, 5:00 p.m., City Hall Ad Hoc Committee-February 4th and March 11th, 7:30p.m.-JA Michaels EXECUTIVE SESSION Council went into executive session at 8:08 to discuss on-going and potential litigation matters with the City Attorney, reconvening into regular session at 9:02 p.m. Minutes of January 24, 2005 Page 6 of 6 ADJOURNMENT At 9:05 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor