09/20/2006 - Special - MinutesCity of Port Orchard
Council Meeting Minutes of September 20, 2006
Continued from Regular Council Meeting of September 11, 2006
PRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno, Absent
Tye Moore
Carolyn Powers, Absent
Rick Wyatt
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Acting
Deputy Clerk Jill Boltz and Assistant City Attorney Forbes.
7:00 P.M. CALL TO ORDER
Mayor Abel called to order the Continued Public Hearing for Site Specific Rezone
Amendment (R-1057-A1), Lowe's and reminded Council and audience members that the
public input portion of the meeting had been closed. The continuation is for Council
deliberation.
Council Member Wyatt advised he was absent from the September 11, 2006 Council
meeting, however he had reviewed the videotapes.
Council Member Chang moved and Council Member Clauson seconded a
motion to approve the Amendment to Site Specific Rezone 1057-A1, Lowe's
with the conditions as stated in the staff report.
Council Member Geiger asked about access problem discussed at the last meeting and if
there was any progress in combining the prospective two driveways into one.
Public Works Director Abed stated that staff has made it a condition of approval that
Lowe's will work with applicant to provide access through their site.
Public Works Director Abed, explained that Lowe's had to do a traffic impact analysis
based on the number of trips generated from their site and reiterated Planning Director
Long-Woods statement that these are two different sites and the impact is different for
the two different projects.
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Council Member Geiger asked if the City has looked beyond the Hwy 16 light and the
Albertsons light and try to predict the traffic from Belfair and all the potential new
construction.
Public Works Director Abed stated that when the traffic analysis was done it took into
account as far as Pottery and Tremont to analyze the traffic that would be generated.
Council Member Geiger questioned how many lanes Sedgwick Road would be.
Public Works Director Abed stated that Sedgwick Road will eventually be widened to
four lanes in both directions to accommodate traffic but is not warranted at this time.
Lowe's will do frontage widening improvements including sidewalks, landscaping and
lighting and have an option of paying $52,810 now or sign a waiver of protest for future
local improvement district for the widening of Sedgwick. In addition it would not make
sense to do frontage improvements only along the Lowe's property and should be part
of a comprehensive project such as the widening of Bethel Road.
Council Member Geiger questioned whether the portion of frontage improvements
required by the no protest agreement would be outside the $52,000.
Public Works Director Abed clarified that it would be one or the other and if Lowe's paid
the $52,000, they would have met their obligation. In the case that they participate in
a local improvement district they would pay their fair share at that point.
Council Member Geiger questioned whether how many feet of roadway would $52,000
would provide in terms of widening the length of road adjacent to the Lowe's property.
Public Works Director Abed clarified that Lowe's is doing improvements along their
frontage and that credit would be given for their improvements such as sidewalks,
street-lights and traffic signal. These improvements would receive credit and the
$52,000 is what is left of their obligation for the frontage improvements based on the
cost estimate. In addition Lowe's is installing a turn lane at Sidney and Sedgwick,
another traffic light and interconnecting the traffic signals to help mitigate their impact.
Council Member Clauson questioned an area on the diagram as to whether or not it is
right of way so if in the future the road needed to be widened there would be existing
right of way and the improvements could be made without additional property
acquisition.
Public Works Director Abed clarified that improvements will be made such as sidewalks,
lighting and drainage improvements in the current layout. In the future if the City
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decided to widen Sedgwick there would be additional asphalt widening, some drainage
and other requirements in regards the mitigation.
Council Member Clauson, asked for clarification on Condition No. 24.
Anna Nguyen, PACLAND pointed out that the right hand turn lane begins on Sedgwick
and it is the turn movement to the southbound lane of the highway, therefore, the
actual right turn lane is on Sedgwick.
Council Member Clauson addressed Condition No. 27 and the applicant's request for a
latecomer developer's agreement for this improvement and questioned whether this
could be done in a separate action at a later time.
Assistant City Attorney confirmed that, latecomer agreement could be done in a
separate action.
Council Member Chang questioned if there would a left turn lane westbound on
Sedgwick Road with holding for five to six cars.
Public Works Director Abed clarified the left turn lane on Sedgwick Road was not
included as a condition but will be of an engineering and design issue.
Council Member Chang questioned what has the Council done in the past when there
are two adjacent properties that want to be developed? How do you decide that they
should co-locate an entrance. Do we give priority for the application that came first or
the application that has the largest parcel?
Council Member Clauson, stated that these provisions are covered in Condition No. 23
in that "The developer shall coordinate the effort to allow ... "
Council Members concurred with changes to the following findings and conditions:
• Condition No. 20 add wording to include " ... to be decided on or before Certificate
of Occupancy is issued.";
• Condition No. 30 replacing the wording "prior to issuance of any building permit
applications" with "prior to issuance of Certificate of Occupancy.";
• Finding No. 20 removed the second sentence regarding the sign variance as this
was entered in error;
• Condition No. 23 remove the word "effort".
Council Member Chang agreed with the proposed change to Condition No. 23 in
principal but based on what has been presented it may not be practical and stated that
he would like the opportunity to hear from the applicant.
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Council Member Chang moved and Council Member Moore seconded a motion
to reopen public hearing.
Upon vote, motion passed with four affirmative votes and two dissenting
votes. Council Members Chang, Geiger, Moore and Diienno casting the
assenting votes and Council Members Clauson and Wyatt casting the
dissenting vote.
Mayor Abel reopened the Public Hearing at 7:53p.m.
Bill Fortunado, PACLAND stated that the applicant is okay with the proposed changes to
Condition No. 23.
Dick Brown speaking for Nick Reynolds stated that they are in support of the change as
long as Lowe's works with Mr. Reynolds in good faith. In addition they would like
cooperation with water and sewer and would like to see it shared from the east.
Ron Rice questioned Lowe's request for right of approval for access.
Mayor Abel closed the public hearing at 7:56p.m.
Upon vote original motion as modified by concurrence, carried unanimously.
Council Member Clauson added that there has been a Finance Committee Meeting
scheduled for Monday, 25, 2006 at 7:45a.m. at Mhyre's.
Planning Director Long-Woods updated the Council on the modifications made to the
fee schedule Ordinance and that it was discovered that the modifications did not include
fees for annexation.
ADJOURNMENT
At 7:59p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor