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09/11/2006 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Fred Chang Robert Geiger Rita Diienno Tye Moore Carolyn Powers, Mayor Protem Rick Wyatt, Absent City of Port Orchard Council Meeting Minutes Regular Meeting of September 11, 2006 ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Police Chief Townsend, Interim City Clerk Merlino, Interim Deputy Clerk Jill Boltz and Assistant City Attorney Forbes. 7:00 P.M. CALL TO ORDER Port Orchard Police Officer Ron Patterson, South Kitsap Fire and Rescue Lieutenant Ray Lamoureax, Firefighter Eddy Lange, Firefighter Regan Benneditti and Intern David Robinson led the audience and Council in the Pledge of Allegiance. Mayor Abel asked for a moment of silence in honor and remembrance of those who lost their lives during the 9/11 tragedy. APPROVAL OF AGENDA Council Member Clauson moved and Council Member Dilenno seconded a motion to excuse Councilmember Rick Wyatt from this Council meeting. Upon vote, motion passed unanimously. AUDIENCE COMMENTS James Weaver, Kitsap County Senior Planner distributed electronic copies of the Port Orchard South Kitsap Sub Area Plan draft 10 year Comprehensive Plan Update to the Council. Mr. Weaver requested that the Council submit public comment during the Environmental Impact Statement (EIS) comment period similar those issued by the Council in June of 2006. Rick Pezzner presented a program and distributed information used in the City of Carnation for utilizing schools after hours. Minutes of September 11, 2006 Page 2 of 13 Rick Pezzner presented a program and distributed information used in the City of Carnation for utilizing schools after hours. Fred Olin, 219 Tracy Avenue N. #301 thanked the members of the Public Property Committee for addressing the Marquee issues. Kathie Lipka, 2505 S. Flower Avenue thanked Mr. Abed for his help and presented pictures of the continual dust problem related to the new construction behind her home and the lack of silt fencing. Ron Rice, 369 SW Sedgwick Road would like to attend the Utility Committee and asked staff to provide copies of the communication between Mr. Rice and the City from 2004 to present. PUBLIC HEARINGS 2005 Comprehensive Plan Amendments Coppola Property (CA-22-05) Planning Director Long Woods provided the Council with a summary of the proposed Comprehensive Plan Amendments. The first applicant is Lary Coppola, the proposal is to designate approximate a .87 acre parcel as Commercial. The property is located at 321 Tremont Street. The Planning Commission unanimously recommended approval. The surrounding properties are zoned Community Facility, Mixed Use, R-8 and R4.5. The Tremont Corridor Specific Plan and the Tremont Street Design Overlay requirements apply to this location. At 7:27 p.m. Mayor Abel opened the Public Hearing. Assistant City Attorney Forbes entered into record the staff report, attachments including the Planning Commission Report and exhibits. At 7:28p.m. Mayor Abel closed the Public Hearing Council Member Powers moved and Council Member Clauson seconded the amendment to approve the Comprehensive Plan Amendment and not move forward on the associated zoning designation and direct staff to prepare an Ordinance for the next regularly scheduled meeting. Upon vote/ motion passed unanimously. Herstad Propretv CCA-23-05) Planning Director Long-Woods presented application for Comprehensive Plan Amendment as submitted by Tom Herstad. The property is approximately a .44 acre parcel located at 296 Tremont Street. The site is currently designated Medium Density Minutes of September 11, 2006 Page 3 of 13 Residential in the Comprehensive Plan, with R8 Zoning. The Tremont Corridor Specific Plan and the Tremont Street Design Overlay requirements apply to this location. This parcel is located next to the Fire Department and has an existing Special Use Permit to conduct business. The Tremont Corridor Specific Plan discourages the conversion of single-family homes to commercial use. This property is not contiguous to Commercial designation and is situated next to a community facility. Staff recommended denial and the Planning Commission upheld that decision. Robert Baglio, BJC Group 2465 Bethel Avenue, representing the applicant apologized for not being present at the Planning Commission meeting. Mr. Herstad has been in this location since 1998 providing architectural services and is looking to expand his services to 7,800 square feet for professional offices. Mr. Baglio addressed the compatibility with surrounding uses and the Tremont Corridor Plan, stating that this has been a commercial use for eight years, has been operating without complaints and is harmonious with the surrounding areas. Mr. Baglio addressed the reference to a "spot rezone" and showed a map of the current uses on Tremont Street including the Fire Station, the existing commercial zoned building to the west and a recently cleared lot across the street. Mr. Baglio suggested that the even though the Fire Station is a community facility it is used for offices and meeting space. Mr. Baglio addressed the access and traffic onto Tremont Street, currently there are two points of access and that there are options that could be looked at when a site specific rezone is applied for. Mr. Baglio asked for reconsideration of the denial of the Comprehensive Plan and asked that the specifics be addressed when they submit the rezone and proposal to develop this parcel. Gil Michael, 228 Seattle Avenue, speaking as the Planning Commission Chair, concurred with Mr. Baglio's statement that the building as it exists is harmonious with the surroundings Mr. Michael advised this commercial property is not contiguous with other Commercial properties in the area as required by the Zoning Code As a citizen and Planning Commission member, Mr. Michael recommends that the Council uphold the Planning Commissions recommendation. Robert Baglio, stated that the commercial property adjacent to Mr. Herstad's is what Mr. Herstad's building would resemble, with a Northwest theme, sloped roof, cedar siding, improved landscape. The building is 5,700 square feet; the use does not impact the area, would be an improvement to the area and would fit in with current existing commercial facility on the other side of the Fire Station. At 7:51p.m. Mayor Abel closed the Public Hearing Council Member Diienno moved and Council Member Clauson seconded a motion to approve the Comprehensive Plan Amendment and direct staff to Minutes of September 11, 2006 Page 4 of 13 submit an Ordinance at the next regularly scheduled meeting subject to a review of the Comprehensive Plan consistency. Upon vote/ motion passed with four assenting votes and two dissenting vote~ Council Members Chang and Powers casting the two dissenting votes. Rice, Brown, Krueger Properties (CA-026-05) Planning Director Long-Woods presented a Comprehensive Plan Amendment to establish a designation of Commercial for approximately 29.96 acres comprised of six parcels, applicant is Brown, Rice & Krueger. These properties are currently designated Highway Tourist Commercial in the Kitsap County Comprehensive Plan. These properties were added to the City's Urban Growth Boundary in October 2004. This property is located on the east side of Sidney Road approximately 300 feet north of SW Sedgwick Road. The applicants want to redesignate as Commercial and are close to Blackjack Creek and have Green Belt Zoning designation. Future plans include trying to get big box developments in this area with a medical facility next to the property and a retail center with intent for high density condo development. The area is appropriate in terms of a neighborhood commercial center or node with transportation amenities. The applicant will be submitting formal petition for annexation and the City will process it • accordingly. The petition for annexation requires two Public Hearings thirty days apart. The other issue discussed at Planning Commission was the request to reduce the 200 foot greenbelt to 100 feet. The property is close to Blackjack Creek and Ruby Creek and the applicant has ideas on how to mitigate those constraints. Staff and Planning Commission concur that this amendment meets the intent and purpose of the Comprehensive Plan and recommends approval of this application. At 8:10 p.m. Mayor Abel opened the Public Hearing. William M. Palmer, land use planning consultant representing Mr. Brown, Mr. Rice and Mr. Krueger for the proposed Comprehensive Plan Amendment advised that in January 2005, a proposed annexation request was submitted. Discussion indicated that the County was not excited about having an annexation proposal for a portion of Sidney Road. At the time of the annexation the proposal included six parcels, the current proposal only includes five properties. When Kitsap County created it's zoning in 2004 they only rezoned Commercial the areas indicated by a dark line (see attachment) and the remainder was Rural Protection. Since that time two factors have surfaced that have changed the conditions from when the application was submitted in April 2005. Through action of Kitsap County and the recommendation of the citizens advisory group that worked on the South Kitsap SubArea Plan, all of the properties have been proposed for designation as Commercial in the County's alternatives 2 & 3. The other change was due to discussion with the developer interested in acquiring this property and the Minutes of September 11, 2006 Page 5 of 13 property to the north believing a 100-foot line of a greenbelt zone is more appropriate than the 200-foot as represented. Mr. Palmer added that if the Council would approve the area as Commercial they would be able to proceed with an annexation to bring the property into the City. As a Comprehensive Plan Amendment one of the considerations is the adjacent properties and how it fits in the Comprehensive Plan. Ron Rice, Sidney/Sedgwick stated that this is one of the last pieces of property to be available to do a big box development and would think that the City would want to annex this property. Richard Brown, stated that this culminates ten years of work and the first parcel is 39 acres with a total of 60 acres on the other side of Ruby Creek and asked that the Council cut the buffer to 100-feet with the understanding that mitigation would be necessary. Gil Michael, 228 Seattle Avenue, stated he has supported this for the 12 years he has lived here and supports changing the area from green to orange (see attachment) and that the mitigation and proposals that Mr. Brown and Mr. Palmer have tentatively set forth are excellent. Approving this tonight would allow them to move forward with the planning and annexation process. At 8:33p.m. Mayor Abel closed the Public Hearing. Council Member Dilenno moved and Council Member Moore seconded a motion to approve the Comprehensive Plan Amendment as mixed Commercial and Greenbelt effective upon annexation and direct staff to bring back an Ordinance at the next regularly scheduled meeting. Council Member Dilenno moved and Council Member Clauson seconded a motion to amend the original motion to specify the Commercial designation will include the area as presented and entered into the record as orange adjacent to red. Upon vote motion passed unanimously. Gil Michael, spoke as Chair of the Planning Commission, stated that the Planning Commission voted six to nothing to approve as originally submitted the Greenbelt up to about 200 feet without the orange area. Upon vote, original motion, as amended passed unanimously. At 8:52p.m. Mayor Abel called for a 5-minute recess. Minutes of September 11, 2006 Page 6 of 13 At 8:55p.m. Mayor Abel called the meeting back to order. PUBLIC HEARING Amendment to Site Specific Rezone CR-1057-Al)-Lowe's Planning Director Long-Woods gave a summary of the proposal for an amendment to a Site Specific Rezone (R-1057-A1) for a 14.33 acre Commercial property to allow for construction of an approximately 138,700 square foot home improvement store (Lowe's) with a 31,709 square foot open garden center. The proposal includes approximately 525 parking stalls. The main entrance will be off of Sedgwick Road. There was a Mitigated Determination of Non-Significance issued on August 24, 2006 and the appeal period is open until September 18, 2006. The existing site has two wetland areas. Significant grading will take place on this proposal with retaining walls to stabilize slopes. The applicant has submitted a traffic study with a proposal for a stoplight at the entrance to the property and the right turn lanes on two sides of the Hwy 16 intersection. The frontage improvements along Sedgwick Road will be paid for by the applicant. The applicant is planning to reduce the buffer with mitigation. There are a substantial number of conditions of approval and staff feels that they have adequately addressed most or all of the concerns and have either proposed mitigation in the future or will require payment of their fair share of the improvements. Staff and Planning Commission are recommending approval as submitted. Assistant City Attorney Forbes reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Forbes asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. Assistant City Attorney Forbes further asked if any Council Member had any financial interest in this property, applicant or representative of the applicant, either directly or indirectly relating to the property that is involved. Assistant City Attorney Forbes asked if any member of the audience felt any of the Council Members should not participate in the hearing. There was no response to any of the questions. Council Member Chang disclosed that he works for the Washington State Department of Transportation and acknowledged that he does not feel it would impact his ability to make a decision on this matter. Anna Nguyen, Engineer of record for Lowe's project, requested the Council approve this application and made the following clarifications: Condition No. 23 states that the proponent shall allow access to the neighboring property. Ms. Nguyen explained that they would be more than happy to facilitate discussion but would like to make sure that the neighboring properties would be responsible for the permitting and bear the cost of the permits and engineering required for this access. In addition, Lowe's would like to Minutes of September 11, 2006 Page 7 of 13 request that a traffic impact analysis be completed by the neighboring owner to insure the access does not impact or impede the traffic coming into the Lowe's property. Lowe's would like to reserve the right to approve the location of the proposed access. Ms. Nguyen clarified the intent for Condition No. 25 is to not provide a right turn lane extending the frontage of the property but rather a right turn pocket, 50-feet in length and enough to accommodate two vehicles. Ms. Nguyen addressed Condition No. 27 in that Lowe's is installing a regional lift station that will be turned over to the City to maintain but be asking the City Council to approve a latecomer fee to assist with construction and engineering costs. Condition No. 30 requested that this condition be changed to read, " ... will be completed prior to final certificate of occupancy." William M. Palmer, land use planning consultant, stated he submitted comments on September 7th and addressed concerns regarding access to the property, specifically as it relates to the close proximity of entrance into the Lowe's property. Mr. Brown also addressed the traffic light and whether it is appropriate although maybe necessary because of the amount of traffic that Lowe's will generate. Richard Brown expressed a concern that Sidney Road would become a Wheaton Way, and the City should take proper traffic mitigation to prevent this from occurring. Mr. Brown further commented the City should take the necessary right-of-way along Sidney and Sedgwick. Ron Rice stated that he has no opposition to the project and questioned the applicant having the right of approval for any proposed shared access. Anna Nguyen clarified some of the questions presented, stating the access into the project is already at the property line and that they cannot propose an access on private property. Ms. Nguyen further clarified that a traffic impact analysis was done on this project and took into account the intersections in this area including Bethel Road. In regards to signal issues, the signal is warranted due to the current speed on Sedgwick Road. The sewer lift station at Albertsons does not have the capacity to service the Lowe's project. William Palmer stated that there has been discussion for coordinated access and that his project has made allocation for coordinated access. At 9:40p.m. Mayor Abel closed the public hearing and called for a 5 minute recess At 9:45 p.m. Mayor Abel called the meeting back to order. Council Member Diienno moved and Council Member Clauson seconded a motion to continue deliberation until the next regularly scheduled Council Minutes of September 11, 2006 Page 8 of 13 meeting. Upon vote, motion passed with five affirmative votes and one dissenting votes. Council Member Chang cast the dissenting vote. Council Member Dilenno moved and Council Member Moore seconded a motion to address the Consent Agenda items next and add Business Item 6-A to consent agenda. Upon vote, motion passed unanimously. Council Member Dilenno moved and Council Member Chang seconded a motion to approve the Consent Agenda as modified. Upon vote, motion carried unanimously. CONSENT AGENDA A. Approval of Claim Warrants # 46181 -46267 in the amount of $401,296.70 and August Payroll Warrants #140070-140124 in the amount of $346,112.05 B. Minutes of the August 28, 2006 City Council Meeting C. Authorization for Mayor to Sign Lease Agreement Renewal of Toshiba Copier/Fax Lease Agreement between Court and Kelley Imaging Systems (Hunt) D. Authorization for Mayor to Sign Lease Agreement with Kelley Imaging Systems for Public Works Shop Copy Machine (Abed) E. Authorization for Mayor to Sign Heavy Duty Diesel Retrofit Grant Agreement with Department of Ecology (Abed). F. Authorization for Mayor to Sign Contract with West Sound for Engineering Design for Arnold Street Culvert (Abed) G. Approval of Applications for Public Event -Murder Mystery Weekend and Great Ball Race (Boltz) Council Member Chang moved and Council Member Powers seconded a motion to address Business Item 6-C as the next item on the agenda. Upon vote, original motion failed with six dissenting votes and one affirmative vote, Council Member Chang voting in the affirmative. Council Member Geiger moved and Council Member Moore seconded a motion to extend past lO:OOp.m. to complete the Horstman Heights Preliminary Plat Public Hearing and discuss Business Item 6-C. Assistant City Attorney Forbes brought to the Council's attention that the applicant's representative has stated that should the decision on the Lowe's project be continued past September 23, 2006 it could create a hardship. Council Member Moore moved and Council Member Chang seconded a motion to reconsider the motion to continue the deliberation of the Amendment to Site Specific Rezone {R1057-A1)-Lowes. unanimously. Minutes of September 11, 2006 Page 9 of 13 Upon vote, motion carried Council Member Moore moved and Council Member Clauson seconded a motion to continue the deliberation of the Amendment to Site Specific Rezone {R1057-A1)-Lowe's from September 25, 2006 at 7:00p.m. to September 19, 2006 at 7:00p.m. City Attorney Forbes informed the Council that the applicant will not be available on September 19, 2006. Council Member Moore amended the motion and Council Member Clauson seconded the amendment to continue the deliberation of the Amendment to Site Specific Rezone from September 25, 2006 at 7:00p.m. to September 20, 2006 at 7:00p.m. Upon vote, motion carried unanimously. Council Member Chang moved and Council Member Diienno seconded the motion to extend meeting to 10:30p.m. to hear the Horstman Heights Preliminary Plat Public Hearing and discuss Business Item 6-C. Upon vote, amended motion tied with Council Members Geiger, Diienno and Chang casting the three affirmative votes and Council Members Powers, Clauson and Moore casting the three dissenting votes. Mayor Abel broke the tie vote by voting in the affirmative. Motion passed with four affirmative votes and three dissenting votes. Upon vote, original motion passed unanimously. PUBLIC HEARING Horstman Heights Preliminary Plat/PRO (SUBDIV 05-02/ And Rezone (R- 1156) Comprehensive Plan Amendments Planning Director Long-Woods presented the staff report regarding the Horstman Heights Preliminary Plat/PRD and Rezone for 10.92 acres located between Horstman Road and Orlando Street. The parcels are located in an area designated Residential High Density and zoned Residential 20 (R20). This project contains a wetland area and seasonal stream on the north side of the property. The applicant is doing buffer averaging and has submitted a wetland analysis and mitigation plan. The Significant Tree ordinance would require replacement of 150 trees and would be required as part of their final landscaping plan. The Planning Commission discussed pedestrian access to streets and not adequately providing on-site recreational facilities for the residents of the subdivision. The Planning Commission recommended the applicant build a neighborhood park or contribute an amount per lot to have a park built. Conditions of Minutes of September 11, 2006 Page 10 of 13 approval did not include frontage improvements however comments have been submitted by the Public Works Director. The Planning Commission is recommending approval of this application. Assistant City Attorney Forbes reminded Council that while they normally operate in a legislative capacity, during this Public Hearing the Council is acting as a quasi-judicial body. Assistant City Attorney Forbes asked if any Council Member had any ex parte contact with anyone regarding this application, outside of this public hearing. Assistant City Attorney Forbes further asked if any Council Member had any financial interest in this property, applicant or representative of the applicant, either directly or indirectly relating to the property that is involved. Assistant City Attorney Forbes asked if any member of the audience felt any of the Council Members should not participate in the hearing. There was no response to any of the questions. At 10:09p.m. Mayor Abel opened the Public Hearing. Norm Olson, N.L. Olson & Associates, representing James Corporation addressed the project of 54 lots with a wetland area that will include buffer averaging and steep slopes for open space. The project contains view lots with roads designed as public roads with the exception of Road D with sidewalks on both sides and parking on one side. The pond has been designed as a combination with detention and infiltration to help protect the downstream drainage course and will not be discharging up to the two-year storm. Mr. Olson explained that there is a low area that Mr. James is requesting to fill and is proposing to build a regional park for the use of the development and the apartments. Mr. James is also proposing a per lot cost above and beyond the cost to develop the park. Mr. Olson addressed the Conditions of Approval and asked for corrections to Condition No. 2 changing the wording to read, " ... must be met prior to the approval of the final plat." In regards to Condition No. 4 the applicant would rather not run temporary irrigation system in front of all the lots and recommending the lot owners take care of the trees in front of their home and suggested changing the condition "except for the areas between lot front yards and sidewalks". The applicant is requesting to modify Condition No. 9 and use the proposed area to fulfill the requirement of recreational facilities in addition to a proposed $200.00 per lot. Condition No. 32, Planning Commission requested pedestrian connectivity from access Road C but discussed lighting, which is not practical but is still referenced. Council Member Geiger moved and Council Member Diienno seconded a motion to continue past 10:30p.m. to conclude the Public Hearing for Horstman Heights. Minutes of September 11, 2006 Page 11 of 13 Council Member Chang amended the motion and Council Member Powers seconded the amended motion to include Business Item 6-C. Upon vote, motion passed with 6 affirmative votes and one dissenting vote, Council Member Dilenno cast the one dissenting vote. Heather Wilson, 788 Tufts Avenue, asked Council to consider frontage improvements to the Horstman side of the project stating the school bus stop is directly across from the proposed entrance to Horstman Heights and that there are no sidewalks along Horstman Road. Norm Olson stated that at Planning Commission several homeowners of Sinclair Heights expressed the similar comments. However Mr. Olson further advised with the new development they will be able to pass through the development and reach Orlando Road, this will be a benefit to the homeowners of Sinclair Heights. Mr. Olson expressed a concern with putting sidewalks down Horstman. The creation of the new road through the development will create better access for pedestrians and vehicles including buses. At 10:41 p.m. Mayor Abel closed the Public Hearing. Council Member Geiger moved and Council Member Chang seconded a motion to approve the Preliminary Plat/PRO and Rezone Application of Horstman Heights subject to the following conditions and direct staff to prepare both a Resolution and Ordinance for the next regularly scheduled meeting: • Condition No. 2 changing the words from " ••. final construction plans." to " ... final plat." • Condition No 4 eliminating the requirement for temporary irrigation except for common areas; • Condition No. 9 " ... the applicant shall be required to develop a neighborhood park approximately 1/3 acre in size between the proposed plat of Horstman Heights and Olympic Terrace Apartments and pay $200.00 per lot to cover the cost of equipment and installation." • Condition No. 32 clarifying that lighting shall be monument type; • Condition No. 36 eliminating this condition and adding a requirement for the developer to sign a no protest agreement for future full frontage improvements along Horstman Road. Upon vote, motion carried unanimously. Marquee Discussion Minutes of September 11, 2006 Page 12 of 13 Public Works Director Abed discussed the items as addressed by the Public Property Committee and provided options and associated costs for both removal and repair of the marquee. Council Member Clauson discussed the light standards and the per unit range of $5,000 -$10,000 using an average of $7,500.00. The additional $20,000 in the option to keep the marquee is due to the light standards at Bay and Sidney Avenue, as they are currently being held up with cables and the poles would need to be sturdy enough to hold up the standards. If the Council elects to remove the marquee, Department of Transportation (DOT) would come in and place temporary poles and then budget for galvanized light standards, which could be painted as an additional cost to the City. Council Member Dilenno clarified the motion made at a previous meeting was to demolish the marquee, which failed and that no motion was made to repair the marquee. In addition, she stated that there are building owners who do not want the marquee and have come forward willing to contribute to the removal of the marquee, which has not been taken into account in the figures presented. Council Member Chang stated the annual maintenance costs have been left out of the replacement option. Rick Raymond from TEC Construction spoke about sealing the wood by caulking and using epoxy paint. Council Member Chang stated that perhaps there is a third alternative of doing nothing and questioned a one-size fits all solution. Council Member Diienno suggested speaking to the downtown property owners who have previously expressed interest in having the marquee removed and in paying for the demolition. Council Member Clauson suggested taking the time to talk with the downtown property owners and digest the information presented this evening. Council Member Dilenno agreed with Council Member Clauson's suggestion to speak with the downtown property owners and invite them to attend and provide input on the decision. ADJOURNMENT At 12:04a.m.Mayor Abel adjourned the meeting. Minutes of September 11, 2006 Page 13 of 13 Kim E. Abel, Mayor Q < 0 5.20 AC. COM. 559.18' 1.09 AC. 1.09 AC. 549.52' SITE COM. 1.82 AC. 026 2.65 AC. SW SEDG COM. N (") oi V) N n.r COM. 010 (019) 3.65 AC.