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09/10/2007 - Regular - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of September 10, 2007 Council Members: Mayor Pro-Tem Wyatt, Chang, Clauson, Diienno, Geiger, Powers, and Putaansuu ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Police Chief Townsend, City Clerk Merlino, and Assistant City Attorneys Jacoby and Forbes. 7:00 P.M. CALL TO ORDER Christian Doerr led the audience and Council in the Pledge of Allegiance. Public Hearing Tremont Medical Site-Specific Rezone Case No. R-1162 Planning Director Long-Woods presented the staff report, stating this proposal is for a site-specific rezone from Residential 4.5 (R4.5) to Residential 20 (R20) to allow for the construction of four new medical office buildings, totaling approximately 60,000 square feet, on a total of 5.03 acres. The properties are designated high-density residential in the Comprehensive Plan. The parcel is located on the north side of Tremont Street, between Cedar Canyon Estates and the Group Health facility, with access provided off Tremont Street. The property has no structures, except for power lines in a Puget Sound Energy easement across the northern boundary of the property. Planning Director Long-Woods further commented the Planning Commission discussed this issue on July 16, 2007 and August 20, 2007. The Planning Commission voted to approve this request as presented. It was also noted the applicant has been meeting with the residents to answer any questions on the proposed development. Planning Director Long-Woods advised the Planning Commission and staff discussed the criteria for the stormwater vault as it relates to nonresidential land uses in a residential zone: > Building coverage shall not exceed the coverage allowed for a residential use > Impervious surface by a nonresidential use shall not exceed the coverage allowed for a residential use > New buildings and structures shall not be closer than 5 feet to any property line > Parking areas are permitted with the required setback area from property lines > Site shall abut or be accessible from at least one public street. The access is directly off of Tremont Street. Minutes of September 10, 2007 Page 2 of 10 >-The base height shall conform to the zone in which the use is located. Assistant City Attorney Jacoby advised four documents were submitted as part of the administrative record as follows: • April 2007 Traffic Impact Analysis Study • February 2007 Geotechnical Report • August 2007 Landscaping Plan • August 20, 2007 Planning Commission Minutes Planning Director also referenced an additional condition that should have been referenced in the Planning Commission minutes: An easement for the stormwater system will run through a parcel on Canyon Court with an easement dedicated to the City. Assistant City Attorney Jacoby 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 Jacoby asked if any Council Member had any ex parte communication with anyone regarding this application. There was no response from any Council Member. Assistant City Attorney Jacoby further asked if any Council Member had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Council Member. Assistant City Attorney Jacoby asked if any Council Member had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Council Member. Assistant City Attorney Jacoby asked if any member of the audience felt any of the Council Members should not participate in the hearing. There was no response from any audience member. At 7:10 p.m. Mayor Abel opened the Public Hearing. Shawn Parker, architect for the project, availed himself to answer questions from the audience. Mr. Parker presented an illustration of the proposed project, depicting four small buildings with access off Tremont Street. Mr. Parker advised, the applicant intends to develop the project with a fair amount of modulation and also keep the scale of the buildings similar to those around it. Mike Ekshtut, PE, Traffic Engineer, Mirai Associates, Inc., advised traffic counts are based on traffic studies and recommendations as presented within materials distributed. Mr. Ekshtut discussed the proposed left turn lane into the site along Tremont Avenue, and acknowledge this left turn is part of the widening project for Tremont Avenue. Minutes of September 10, 2007 Page 3 of 10 Dennis Oost, Oost and Associates, landscape architect, identified on an illustration the 21 significant trees that are located within the buffer of the project site. Mr. Oost advised this illustration is a conceptual idea and the applicant has advised he will work with the property owners to develop a buffer area that is suitable for everyone. Norm Olson, Olson and Associates and Project Engineer, acknowledged there are two significant trees on the site that are over the 36" threshold. The applicant is requesting permission to remove these trees. The application is also proposing a stormwater detention vault between lots "A" and "B". A 50 foot Puget Sound Energy easement with a transmission is also proposed with specific conditions that the applicant has agreed to comply with. John Johnson, applicant, expressed his appreciation and opportunity to bring this project to the City. Mr. Johnson advised he met with the neighborhood to discuss all their concerns and has successful worked through all the issues that were brought up by the neighbors. Mr. Johnson further commented he has met with Anne Johnson an adjacent property owner and agreed to provide her with an 8' privacy fence along her property line. The properties that have a stormwater easement, have also signed agreements with the developer. Council Member Chang asked Mr. Johnson if they had considered a traffic backup along Tremont Avenue. Mr. Johnson advised they researched this issue and assured the Council this will not become a problem. Council Member Geiger asked what types of significant trees were being removed. Mr. Oost advised there is a 64-foot alder tree and urged the Council to approve the removal of this tree. Assistant City Attorney Jacoby asked if the landscaping diagrams and fences presented are conceptual and if the property owners have approved them. Mr. Oost advised these are currently conceptual landscaping designs. Mr. Oost further advised the property owners have agreed to the fencing type and materials. Council Member Clauson questioned other significant trees on the site. Mr. Oost advised there are other significant trees that will remain on the project site. Council Member Dilenno asked if the applicant had considered placing the buildings in other locations to retain the two significant trees the applicant is proposing to remove. Mr. Parker advised the two significant trees the applicant is proposing to remove would become hazardous as they would become a single stand of trees. Minutes of September 10, 2007 Page 4 of 10 At 7:45 pm, Mayor Abel asked for audience comments. Doug Nabors, 1407 Canyon Court, voiced a concern with several of the trees leaning on his fence and asked that they be removed. Mr. Nabors advised after speaking with the applicant, he is satisfied with the project. Andrew Doerr, 1501 Canyon Court, advised that Mr. Johnson has met with the property owners and following is what was agreed: • A 6 foot fence; • All larger trees be left on site; • Separation provided between the stormwater vault and the Canyon Court Estate homeowners property. Mrs. Anne Johnson, 381 Tremont Street W., acknowledged she is happy with the fence the applicant is proposing to build, and feels this project will enhance the area. At 8:01 p.m. no further comments were received and Mayor Abel closed the Public Hearing. On motion by Council Member Wyatt, seconded by Council Member Powers, Council approved the requested site-specific rezone (R-1162) for Nathan's Glen, Inc., and with the approval to remove two significant trees as requested by the applicant and directed staff to submit an Ordinance for review at the next regularly scheduled Council meeting. Upon vote, motion passed unanimously .. At 8:03 Mayor Abel called for a 2 minute recess, with the meeting reconvening at 8:05 pm. Shoreline Substantial Development Permit for 1810 Bay Street Planning Director Long-Woods presented staff report indicating this Shoreline Substantial Development Permit is a request to allow for the construction of a 2,200 square foot single-family residence located on a 0.14-acre parcel within 200 feet of Sinclair Inlet, and designated Shoreline of Statewide Significance. The Planning Commission at a public meeting on August 20, 2007 considered this project and unanimously recommended approval of the Shoreline Permit subject to conditions. Assistant City Attorney Jacoby 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 Jacoby asked if any Council Member had any ex parte communication with anyone regarding this application. There was no response from Minutes of September 10, 2007 Page 5 of 10 any Council Member. Assistant City Attorney Jacoby further asked if any Council Member had any financial interest in this property, with the applicant or representative of the applicant, either directly or indirectly relating to the property involved. There was no response from any Council Member. Assistant City Attorney Jacoby asked if any Council Member had any reason to believe they would not be able to render a fair and impartial decision based on the information they receive today. There was no response from any Council Member. Assistant City Attorney Jacoby asked if any member of the audience felt any of the Council Members should not participate in the hearing. There was no response from any audience member. At 8:13pm Mayor Abel opened the Public Hearing. Dave Peterson, applicant, reported he purchased the property a few months ago to develop a 2200 sq foot home. Mr. Peterson further advised an engineer has looked at the existing retaining wall and is taking extra steps to make sure no additional pressure is placed on that wall. At 8:17 p.m. Mayor asked for further audience comments, as no comments were received Mayor Abel closed the public hearing. On motion by Council Member Powers, seconded by Council Member Wyatt, Council approved the Shoreline Substantial Development Permit (SOP 70-07) for 1810 Bay Street, as conditioned in Planning Commission Resolution No. 011-07, and directed staff to prepare a resolution for approval at the next regular meeting. l/pon vote, motion passed unanimously. Approval of Proposed Changes to Zoning Ordinance No. 1748, Home Businesses. Assistant City Attorney Forbes presented a draft ordinance which will amend the zoning ordinance as it relates to home (cottage) industries, home occupations and home businesses and also adding a new chapter 5.99 to the Port Orchard Municipal Code relating to home business licensing requirements. At 8:23 p.m. Mayor Abel opened the Public Hearing. Gil Michael, 228 Seattle Avenue, chair of the Planning Commission, presented the following comments to the draft ordinance: 1. Section 58 definitions: -Mr. Michael recommends that home businesses shall be conducted by the owner of the property and not by a renter of the property. Minutes of September 10, 2007 Page 6 of 10 2. Section 59 definition: Mr. Michael recommends that a Home Profession may have no on-site employees. 3. Chapter 5.99.030 (1) (c) of the POMC-Mr. Michael recommends that instead of limiting the number of employees in a Home Industry or Home Occupation in the POMC, the number of employees shall be set at the time of the Conditional Use Permit approval. 4. Chapter 5.99.030(1) (d) of the POMC-Mr. Michael recommends allowing more than one business in the home at the time of the approval of the Conditional Use Permit 5. Chapter 5.99.030(1) (f) of the POMC -Mr. Michael recommends deleting the specific square foot and percentage limits. 6. Chapter 5.99.030(1) (g) of the POMC -Mr. Michael recommends adding the following language: "The City Council shall have authority to determine whether or not a use not specifically prohibited shall be allowed at the site during the Conditional Use Permit approval process." Dana Harmon, 824 Kitsap Street, commented that the current draft does not allow for more than one home business in a single dwelling unit. Mrs. Harmon expressed a concern, since sometime both the husband and wife own their own business in a single family dwelling unit Fred Olin, 219 Tracy Avenue No., encouraged the City Council to take the advice of the City Attorney and allow renters the opportunity to own their own businesses. Jerry Harmon, 906 Kitsap Street, suggested the City review the application for a home business at the time of application and the approval should be based on the type of business and the effect on the neighborhood. At 9:07 p.m., no further comments were received from the audience, and Mayor Abel closed the public hearing. On motion by Council Member Wyatt, seconded by Council Member Dilenno, Council approved the changes to Zoning Ordinance No. 1748 to provide new standards for "Home Businesses" and to add to the Municipal Code, Chapter 5.99, for home businesses and direct staff to submit a final Ordinance for approval at the next regularly scheduled meeting. Minutes of September 10, 2007 Page 7 of 10 On motion by Council Member Chang, seconded by Council Member Clauson, Council moved to continue this motion and discussion to the September 24, 2007 Council Meeting. Council Member Chang amended the motion and Council Member Clauson seconded the amendment to continue this motion and discussion to the October 8, 2007 Council Meeting and place the issue into the Growth Management Meeting for further review. Upon vote, original motion as amended passed unanimously. Council Member Wyatt asked the City Attorney to survey neighboring cities and Kitsap County to determine if home businesses have to be owner occupied. APPROVAL OF AGENDA • Council moved Consent Agenda Item 5(E) "Adoption of Resolution No. 019-07 Relating to Non-Representative Employees" to Business Items. • Mayor Abel asked for a 2-minute Executive Session regarding potential litigation. AUDIENCE COMMENTS Jerry Harmon, 906 Kitsap Street, expressed a concern that when the Council receives a question from an audience member, the Council does not answer their questions. Mayor Abel advised that the Council speaks through one voice by approving ordinances and/or resolutions. Council Member Diienno also commented that it is more helpful to hear what the people of the City want. Dana Harmon, 824 Kitsap Street, expressed her appreciation for the first public hearing, simply because the developer and the residents worked together on the proposed development. CONSENT AGENDA Council Member Diienno moved and Council Member Wyatt seconded the motion approving the Consent Agenda as amended. Upon vote, motion passed unanimously. A. Approval of Claim Warrants Nos. 48307-48405 totaling $271,150.95 and August Payroll Warrants Nos. 140894-140965 and Direct Deposits in the amount of $373,242.77. B. Minutes of the August 7, 2007 Special Study Session -Development Regulations C. Minutes of the August 27, 2007 City Council Meeting D. Minutes of the August 29, 2007 2008 Budget Workshop E. Adoption of Resolution No. 019 07 Relating to Non Representative Employees Moved to Business Items Minutes of September 10, 2007 Page 8 of 10 BUSINESS ITEMS: First Reading Regarding Approval of Ordinance No. 025-07 Adopting the Downtown Overlay District Regulations This item was continued from the August 28, 2007 meeting to allow for further Council deliberations. Council Member Dilenno asked that the Council to consider revising the boundaries to include three properties on the south side of Cline Street and Austin Avenue. Stephanie Bailey submitted this request early in the discussion of the boundaries. The consensus of the Council was not to include these properties at this time. These properties could be considered during a Comprehensive Plan Amendment Assistant City Attorney Jacoby as for further clarification on the following sections: • Section .110 (11) does the Council wanted to strike this section regarding special amenities. Council concurred to leave this section in the documen~ however made the following modification: "... the property owner must contribute an amount equal to 2% of the building valuation and land value." • Section .110 (12) does the Council want to delete, modify or keep this section relating to an enclosed plaza. Council concurred to modify the language that an enclosed plaza must be readily accessible, either near a public entrance and visible to customers. On motion by Council Member Clauson, seconded by Council Member Chang, Council extended the Council meeting to 10:30 p.m. Upon vote, motion passed unanimously. • Section .110 (13) clarification of placement of public restroom signs. Council concurred to place signs on the outside of the buildings and in front of buildings, however with the condition they are not to be placed on the fronts of buildings where public restrooms are required per building codes. • Section 100-relating to Maximum Building and Structure Heights. Council concurred with the following language: "1% of the value of the proposed building and the land. " City Attorney advised he will revise Section .050 as it relates to Conditional Uses. Minutes of September 10, 2007 Page 9 of 10 Council concurred to include Appendix "1" and incorporate the pictures which are identified as "Recommended Designs" and "Not Recommended Designs." Council Member Wyatt asked the Council to rethink the possibility of incorporating the View Protection Ordinance back into the document. On motion by Council Member Powers, seconded by Council Member Clauson, Council extended the meeting an additional 15 minutes. Motion passed with 4 affirmative votes and three dissenting votes. Council Members Geiger, Dilen no and Wyatt cast the three dissenting votes. Council Member Clauson moved and Council Member Putaansuu seconded the motion to incorporate the consensus of the Council into the final document and place it on the next agenda for Council consideration. Council Member Geiger amended the motion and Council Member Wyatt seconded the amendment to instruct the Assistant City Attorney to draft an alternative ordinance based on the View Protection Ordinance. Motion failed with 2 affirmative votes and 5 dissenting votes. Council Members Wyatt and Geiger case the two affirmative votes. Upon vote, original motion as presented passed unanimously. Discussion Item: Draft Ordinance Adopting the Design Review Board Assistant City Attorney Jacoby advised he and Council Members Clauson, Diienno and Putaansuu met to discuss in detail the draft ordinance adopting the Design Review Board. Planning Director Long-Woods asked that staff have an opportunity to review the draft ordinance adopting the Design Review Board. Council concurred with this request and moved this discussion to the next Council meeting. Authorization for the Mayor to Sign the 2007 Asphalt Overlay Project Contract This issue is placed on the September 24, 2007 Council meeting. Authorization for the Mayor to Sign Boat Grant On motion by Council Member Clauson, seconded by Council Member Powers, Council authorized the Police Department to accept the US Department of Homeland Security Harbor Security Grant. Upon vote, motion passed unanimously. Minutes of September 10, 2007 Page 10 of 10 Discussion Item: Vacation Leave Accrual Benefit to Union Employees This issue is placed on the September 24, 2007 Council meeting, On motion by Council Member Clauson, seconded by Council Member Wyatt, Council extended the meeting an additional 2 minutes to allow for the Executive Session. Council Member Clauson amended the motion and Council Member Putaansuu seconded the amendment to extend the meeting an additional 10 minutes for further discussion. Upon vote, original motion as amended passed unanimously. At 10:42 p.m. Mayor Abel adjourned Council into Executive Session for 10 minutes to discuss potential litigation and extended the Executive Session and additional 10 minutes. At 11:02 p.m. Mayor Abel reconvened the Council meeting into regular session. ADJOURNMENT At 11:02 p.m. Mayor Abel adjourned the meeting. \___ .... fk.:cflc_(Q( Y\Lu.CL,~c Michelle Merlino, City Clerk Kim E. Abel, Mayor