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04/23/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of April 23, 2007 Council Members: Mayor Pro-tem Wyatt, Chang, Clauson, Dilenno, Geiger, Powers and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Abed, Planning Director Long-Woods, City Clerk Merlino, Interim Deputy Clerk Gilreath, and Assistant City Attorney Forbes. 7:03 P.M. CALL TO ORDER Jill Jean led the audience and Council in the Pledge of Allegiance. PRESENTATION Kitsap Regional Librarv Levy Lid Lift Request Jill Jean, Executive Director of the Kitsap Regional Library (KRL) presented information regarding the May 15, 2007 ballot measure requesting a Levy Lid Lift for the Library. The request is for an additional $.18 cent levy rate from $.30 cents to $.48 cents per thousand dollars of assessed value. This is the first time the KRL has requested a levy lid lift since 1979. Ms. Jean stated that the Kitsap Regional Library works in partnership with the owners of the buildings that house the libraries throughout the County. Kitsap Regional Library provides the staff, materials, computers and other equipment and the building owners, such as the City, maintain the building. Ms. Jean stated that due to the structure of the County tax assessment, it is difficult to maintain services at the current levy rate. PUBLIC HEARING Pre-Annexation Comprehensive Plan & Zoning for Sedgwick Landing-Gordon D. Rush Property-First Public Hearing Planning Director Long-Woods presented staff report and advised North Pacific Design, on behalf of property owner Gordon D. Rush, submitted a Petition for Annexation to annex 9.7 acres located near the NW corner of the intersection of Sidney Road and Sedgwick Road. The parcel is adjacent to a commercially zoned area and the applicants intend to extend additional commercial uses on this parcel. The property was incorporated into the City's Urban Growth Area by Kitsap County as part of the update of their Comprehensive Plan with a designation of Urban High-Density Minutes of April 23, 2007 Page 2 of 8 Commercial/Mixed Use. The applicant is requesting to be annexed with a City Comprehensive Plan and Zoning Designation as Commercial. At 7:21 p.m. Mayor Abel opened the Public Hearing. Dennis Walden, representing North Pacific Design and the applicant, Gordon D. Rush, stated that the plans for this property will be a great addition to the community. There were no further public comments. Mayor Abel closed the Public Hearing at 7:23 p.m. Council Member Powers moved and Council Member Putaansuu seconded a motion to direct staff to schedule a second Public Hearing to be held at least 30 days from this public meeting. Upon vote, motion passed unanimously. Proposed Amendment to Zoning Ordinance 1748: Parking Standards for Bed and Breakfast Facilities Planning Director Long-Woods presented staff report and noted that the City Council held a Public Hearing on a proposed Conditional Use Permit for a bed & breakfast facility in July 2006. During that discussion, it was identified that the parking standards in Zoning Ordinance 1748 required bed & breakfast facilities to provide a number of onsite parking spaces or provide an off site parking lot within 500 feet of the facility. Some older residences within the City that could be used as bed & breakfast facilities could not meet the number of spaces required by the Ordinance. The Economic Development Committee recommended that the City provide parking permits in lieu of requiring permanent spaces. The Council directed the Planning Commission to review the committee's recommendation. The Planning Commission proposed that parking "vouchers" be given to owners of approved bed & breakfast facilities based on the number of bedrooms they rent. The word "voucher" has been changed to "permit". The Zoning Ordinance and the Municipal Code need to be changed to reflect the new requirements. At 7:28 p.m. Mayor Abel opened the Public Hearing. Lorraine Olsen, 724 Kitsap Street, commented she is very pleased with what is being proposed because it appears to be very consistent and business friendly. Gil Michael, 228 Seattle Avenue, speaking as chair of the Planning Commission, stated that the Planning Commission met the requirements as directed by the City Council. Speaking as a private citizen, Mr. Michael encouraged the Council to approve the proposed changes. Minutes of April 23, 2007 Page 3 of 8 A discussion followed regarding the number of permits to be allowed per establishment including resident parking requirements and temporary permits for special occasions. There were no further public comments. Mayor Abel closed the Public Hearing at 7:40 p.m. Planning Director Long-Woods explained the current requirements using Mr. Michael's establishment as an example. Council Member Diienno questioned the new wording for the Zoning Ordinance and Municipal Code. A discussion commenced on the impact to the citizens who live on those streets and the possibility of fees for the permits. Police Chief Townsend explained that the Council needs to provide direction so they can properly enforce the proposed amendments to the Zoning Ordinance. Council Member Wyatt moved and Council Member Powers seconded a motion to return the proposal to the Public Safety Committee for further review and recommendation. Assistant Attorney Forbes clarified that if the changes to the Zoning Ordinance were substantial, this matter would have to return to the Planning Commission. Ms. Forbes further stated that the Parking Ordinance would not have to return to the Planning Commission; however, the Zoning Ordinance and Parking Ordinance should be kept on the same track and changes in the proposal would require another Public Hearing. Council Member Geiger stated that he would be extremely disappointed if the Council couldn't move forward with this. Council Member Wyatt withdrew his motion. Council Member Diienno moved and Council Member Geiger seconded a motion to direct staff to take into consideration the comments made regarding off street parking requirements and return the Zoning Ordinance to Council at the next scheduled meeting. Mayor Abel clarified the suggested changes to be addressed: 1) The Bed & Breakfast facility is not required to obtain permits in areas that do not have a permit system in place. 2) The facility will be required to have the appropriate number of parking spaces up to one per bedroom of the Bed & Breakfast rooms. 3) Permits can only be issued to supplement parking that already exists or could be added to the site. 4) Maximum number of off-site permits allowed should be three (3) (not including the resident's parking permits). 5) Cost of Permits (in areas that have permitted parking): Permits should be issued in the same manner as all other parking permits and there should not be a fee; however, Minutes of April 23, 2007 Page 4 of 8 approach this issue with broad wording so that the City may be able to charge fees at a future date. Upon vote, the motion passed unanimously. At 8:33 p.m. Mayor Abel called for a seven-minute break with the meeting reconvening at 8:40p.m. APPROVAL OF AGENDA The following Consent Agenda Item was removed from the agenda and placed into Business: • Adoption of Resolution No. 012-07 Verizon Cell Tower, CUP 021-06/SDP 69- 06/V1176 CONSENT AGENDA Council Member Wyatt moved and Council Member Geiger seconded a motion to approve the agenda as modified. Upon vote, motion passed unanimously. A. Approval of Claim Warrants #47547-47621 totaling $95,560.06 and April Payroll Warrants #140598-140656 and Direct Deposits in the amount of $351,044.21. B. Minutes of the April 9, 2007 City Council Meeting C. Adoption of Resolution No. 011-07 South Kitsap Little League Storage Facility, CUP 025-06 (Long-Woods) D. Adoption of Resolution No. 012 07 Verizon Cell Tower, CUP 021 06/SDP 69 06/V1176 (Long Woods) Moved to Business E. Adoption of Resolution No. 014-07 Approving the 2007 Changes to the Countywide Planning Policies (Long-Woods) AUDIENCE COMMENTS There were no comments from the audience. BUSINESS ITEMS Adoption of Resolution No. 012-07 Verizon Cell Tower, CUP 021-06/SDP 69- 06IV1176 The applicant provided a drawing to indicate the size (12 feet x 18 feet) and position of the flag the City requires on the cell tower. Council Member Chang moved and Council Member Wyatt seconded a motion to adopt Resolution No. 012-07 approving Conditional Use Permit (CUP 021- 06), a Shoreline Variance, a View Protection Variance (V1176), and a Shoreline Substantial Development Permit (SOP 69-06), to allow placement of a 100 foot wireless communication facility with a 12' x 18' United States Flag as specified within the Resolution, on a 2.2 acre property zoned Minutes of April 23, 2007 Page 5 of 8 commercial, retail and office (CO) with a shoreline designation of urban maritime. Upon vote/ motion passed unanimously. Approval of the April 3. 2007 Council Special Session Minutes-Development Regulations Council Member Wyatt moved and Council Member Putaansuu seconded a motion to approve the April 3, 2007 Council Special Session Minutes - Development Regulations. Upon vote/ motion passed with four affirmative votes and three abstaining votes. Council Members Clauson/ Diienno and Powers cast the three abstentions due to nonattendance at the meeting. Discussion: Pros and Cons of Kitsap Regional library Levy Lid lift. Ballot Proposition No. 1 Mayor Abel stated that Washington State RCW requires the Council to put this on the agenda to hear pros and cons from the public before they can consider taking a position on the ballot measure. Paul Drzewiecki, 1390 Cedar Canyon Place, stated that he is a member of the Port Orchard Library Board and recognized Board Member Laura Early and Board Member Diane Seitz who were also in attendance. Mr. Drzewiecki read the Port Orchard Library Board of Trustees Resolution which states that a successful levy lid lift would strengthen the partnership between the City of Port Orchard, the Port Orchard Library and the Kitsap Regional Library system for the foreseeable future. Linda K. Thompson, Librarian, 875 Puget Drive SE, stated she hopes that the Council will support the Library Levy Lid Lift. Council Member Chang moved and Council Member Putaansuu seconded a motion to adopt Resolution No. 013-07 supporting the Kitsap Regional Library Levy Lid Lift on the May 15, 2007 ballot. Mayor Abel clarified that the additional revenue required by the levy lid lift would come from the City's General Fund. Citizens of the City do not vote on this ballot proposition; however, the City does have to pay for the services of the Kitsap Regional Library. Upon vote/ motion carried with six affirmative votes and one abstaining vote. Council Member Diienno cast the abstaining vote. Approval of Horstman Heights Significant Tree Removal Planning Director Long-Woods presented the staff report and noted that the applicant, Olympic Development Company, states that three trees over 36 inches in diameter must be cut in order to accommodate site development. Minutes of April 23, 2007 Page 6 of 8 Nels Rosendahl, Rosendahl & Associates-agent for the Applicant, spoke on the removal of each tree specifically. The tree in Lot 44 is too close to the proposed house. The Maple in Tract A will rain debris on the houses once they are built. The applicant is asking to remove the tree in Tract E because it will not survive the grading process. All the trees that are being removed will be replaced at a 3:1 ratio. Council Member Wyatt moved and Council Member Powers seconded a motion to allow removal of three significant trees on the Preliminary Plat/PRO of Horstman Heights and direct staff to draft a Resolution for the next regularly scheduled Council meeting. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Council Members Chang and Diienno cast the two dissenting votes. Meeting with the Initiating Parties Regarding Notice of Intent to Annex Cousins Propertv Planning Director Long-Woods stated that the applicant submitted a Notice of Intent to Annex one parcel contiguous to the City limits. The parcel is located west of the intersection of Sidney and Sedgwick Roads and has been added to the City's Urban Growth Area through Kitsap County's Comprehensive Plan. The applicant intends to develop the property with commercial uses under either commercial or mixed use zoning in the future. Council Member Dilenno moved and Council Member Clauson seconded a motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, motion passed unanimously. Council Member Clauson asked City Attorney Forbes to provide the Council with a written explanation of the annexation process and Boundary Review Board process. Council Member Clauson further stated that City Attorney Combs was writing the documents. Authorization for the Mayor to Sign Scope of Work Regarding Downtown Feasibility Study Public Works Director Abed presented the staff report by stating $50,000 was allocated in the 2007 Budget to conduct a downtown parking feasibility study. The Finance Committee and the staff interviewed consultants and selected Art Anderson Associates to prepare the study. Council Member Clauson moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the Professional Services Agreement Minutes of April 23, 2007 Page 7 of 8 to prepare the downtown parking feasibility study for an amount not to exceed $50,000. Council Member Chang asked that Item 16, Artist's Rendition, be provided in a pdf or jpg file so it can be posted on the City website. Council Member Diienno expressed a concern as to how the study is going to address future development plans for the waterfront area when the Council hasn't adopted the Downtown Overlay District Plan. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Council Member Diienno cast the one dissenting vote. Adoption of Ordinance No. 008-07 Regarding Expedited Review and Processing of Land Use Permits Public Works Director Abed presented staff report by stating the Finance Committee and the staff have developed an Ordinance that will facilitate an option for developers to utilize an outside engineering consultant to provide an expedited review process for Land Use Permit Applications. Council Member Diienno expressed a concern about Section 18.30.040, Director Review and Appeal of Director Review Process, because fourteen calendar days truncates the period of time for large projects. Assistant Attorney Forbes stated that period of time is consistent with most land use appeal time periods. Council Member Diienno suggested that the appeal information be placed on the invoice. Council Member Powers asked if the Planning Department was involved in the expedited process. Assistant Attorney Forbes explained that the Ordinance is written toward expediting the engineering process only, not the planning process. There was discussion regarding an equivalent ability to expedite the planning portion of the process. The Council requested staff to revise the Ordinance as discussed and present it at a future Council meeting. Discussion: Draft letter to Kitsap Transit Regarding Hours of Service Council Member Chang spoke of the coordinated effort between the Cities of Bremerton and Port Orchard to encourage economic ties between the two cities. Extending the hours of operation of the foot ferry between Port Orchard and Bremerton would prevent citizens from getting stranded due to discontinuing service at an early hour. Council Member Clauson stated due to his position at Kitsap Transit he will not participate in the discussion or vote on this topic. Council Member Powers moved and Council Member Chang seconded a motion to send a letter to Kitsap Transit in support of extending the hours of (/ Minutes of April 23, 2007 Page 8 of 8 service for the foot ferry between Port Orchard and Bremerton. Upon vote, the motion passed with six affirmative votes. Council Member Clauson refrained From voting due to his position at Kitsap Transit Council Member Chang stated that during the meeting between the City of Port Orchard Growth Management Committee and Bremerton Growth Management Committee proposed Urban Growth Area (UGA) boundaries were discussed. Council Member Chang presented a map that indicated Bremerton's proposed UGA boundaries. Council Member Powers moved and Council Member Chang seconded a motion to extend the meeting to discuss additional information regarding the Urban Growth Area. Upon vote, the motion passed unanimously. A discussion followed concerning a possible conflict between the City of Port Orchard and Bremerton as to which city could logically provide services and where the boundaries should be. ADJOURNMENT At 10:04 p.m. Mayor Abel adjourned the meeting. ' Gil rea~, Interim Deputy Clerk Kim E. Abel, Mayor