12/14/1998 - Regular - MinutesPort Orchard, Washington
December 14, 1998
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Morrison, Wyatt, Geiger,
Powers, Van Zee, and Stansbery. Staff present: City Clerk Parks, Deputy Clerk Merlino, Police Chief
Mathews, City Treasurer Tompkins, City Engineer Curles, City Planner Gross, City Attorney Hanson and
Fire District No. 7 Contract Representative Assistant Chief Snow.
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Jim James, representing Aidan Place and Rockport Subdivisions, submitted pictures depicting broken
sidewalks caused by heavy equipment traveling over the sidewalk. Mr. James asked permission to delay
the driveway approach until the construction of the adjacent house has been completed. Mr. James also
asked for further Council acceptance of a receipt for purchase in lieu of installation of required big toys.
Note: Councilman Wyatt stepped down form Council table and did not participate in any discussion, since
he lives within 300' of the subdivisions. Mayor Weatherill held request over to 12/28/98 Council Meeting
allowing staff time to prepare a "Conditions of Approval" compliance report, for Aidan Place and Rockport
Subdivision.
Fire Chief Brown, representing South Kitsap Fire District No. 7, distributed a booklet which illustrated the
"Criteria Base Dispatch" program. Chief Brown introduced Medical Officer/Assistant Chief Cliff Wilson who
gave a brief overview of the new program. Assistant Chief Wilson stated the program is designed to
establish guidelines for all EMS dispatch personnel. The Emergency Medical Dispatch (EMD) will help the
EMS system provide appropriate responses; assist in patient care by providing pre -arrival instructions; and
enhance the efficiency and effectiveness of the EMS system. Fire Chief Brown also clarified the financial
and liability aspect of the program. Fire Chief Brown assured the Council, Fire District No. 7 is not asking for
any funding for the program as it will be funded by the District. Fire Chief Brown addressed the liability
issue stating this program will reduce the number of personnel and emergency vehicles that need to
respond to an emergency call, thereby greatly reducing the liability to the Fire District and City.
Mayor Weatherill addressed the unfinished business item, which refers to Carolyn Celis, Community
Director for Arbor Terrace Apartment, seeking Council approval to locate a sign off -premises at the corner of
Sidney Avenue and Tremont Street.
On motion by Councilman Morrison, Chair of the Street Committee, seconded by Councilman Wyatt,
Council denied request submitted by Carolyn Celis, Community Director for Arbor Terrace Apartments, to
locate an off -premise sign at the corner of Sidney Avenue and Tremont Street. Council advised this request
did not comply with the new sign ordinance.
At 8:30 PM Mayor Weatherill called for a 10 minute break with meeting reconvening at 8:40 PM.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the draft Zoning Ordinance, zoning
procedure book and zoning map.
City Planner Gross advised Council and audience, staff has received written comments from the State
Department of Community, Trade and Economic Development and the Suquamish Tribe. Two site -specific
zoning map changes were also received. City Planner Gross distributed suggested minor and substantive
text changes to the draft zoning ordinance and asked for Council concurrence on the following changes.
Minor changes:
1. Delete "manufactured or" from "Home park subdivision - manufactured or mobile" (page 35).
Council concurred with change.
December 14, 1998
Page 2 of 7
2. Clarify under "Dwelling unit — single family detached" definition that stick -built, manufactured homes,
and modular homes are all included (page 31 and 73).
Council concurred with changes.
3. Add design requirements found under "Dwelling unit — manufactured home" definition to "Dwelling
unit — modular home" definition (pages 35 and 72).
Council concurred with changes.
4. Delete following definitions which are inconsistent with current state law: "Residential care —
children's boarding (foster care) homes", "Residential care — group foster homes", and "Residential
care —adjustment or halfway house" on page 82. These same uses are defined under "Family"
(page 33) and the various
"Dwelling unit - group ..." found on page 71.
Council concurred with changes.
5. Include "live-aboards" as permitted under the Marina definition on page 78.
Council concurred with change.
6. Insert footnote under Table "Densities and Dimensions" in Chapter Cl noting that plats recorded
prior to 1910 as sited in appendix are exempt from 5,445 minimum required lot size. Add list of pre-
1910 plats to appendix.
Council concurred with change.
7. Add the Suquamish Tribe and the Washington State Department of Community, Trade, and
Economic Development to the list of agencies notified for Comprehensive Plan and Zoning
Ordinance amendments under Procedures Section 3.e.
Council concurred with change.
8. Clarify that Chapter 5 of the Procedures book is for the appeal of Planning Commission decisions
(variances) or the appeal of staff determinations or administrative variances. Appeals of City
Council decisions are made to Superior Court.
Council concurred with change.
9. Add wording to Chapter 2 of the Procedures book clarifying that proposed amendments to the
Comprehensive Plan must be considered concurrently and cumulatively not more than once per
year.
Council concurred with change.
10. Identify Port Orchard as a second class city in Chapter Al.
Council concurred with change.
11. Change "Fire Chief' to "Fire Service Contract Representative" throughout.
Council changed "Fire Chief' to "Fire Authority"
12. Clarify Planning Commission authority under Chapter 35.63 of the RCW's.
Council concurred with change.
13. Clarify appointment of City Clerk and City Engineer positions consistent with POMC 2.08.010.
Council changed wording to reflect: Clarify appointment of City Clerk and City Engineer positions
as defined in the Port Orchard Municipal Code.
14. Chapter Cl under "Densities and Dimensions" table under note #4, change "shall be 85%
coverage" to "shall be no more than 85% coverage" for mixed use outside of downtown.
Council concurred with change.
December 14, 1998
Page 3 of 7
Substantive changes:
1. Add Planned Residential Development standards as presented at the November 23, 1998 City
Council meeting.
Council concurred with addition.
2. Change the Procedures section to make it consistent with ESHB1724 — Regulatory Reform.
Primary changes will be that adjoining property owners are notified of a pending application as soon
as it is deemed complete upon submittal and a final decision must be reached no later than 120
days after the completion date.
Council concurred with change.
3. Add Administrative Variance procedures to Variances chapter in Procedures book.
Council concurred with change.
4. Add statements in Procedures book that Rezones, Conditional Uses and Special Uses are site plan
specific unless otherwise stipulated.
Council concurred with addition.
5. Allow "Pet Shop" as a permitted use in the Commercial and Mixed Use districts table.
Council concurred with change.
6. Add "Pet Grooming Parlor" to Land Use Definitions and allow as a permitted use in the Commercial
and Mixed Use districts table.
Council concurred with change.
Proposed Map Changes:
Staff Recommendations (map errors):
1. Change R20 designation from Mr. & Mrs. Curtis' property to Mr. Benoit's property (located in the
700 block) of Kitsap Street between Prospect Street and Sidney Avenue.
Council concurred with change.
2. Change 4 parcels on the northwest corner of Rockwell Avenue and Coles Lane to R8 to reflect
current uses and surrounding zoning.
Council concurred with change.
3. Change Red Barn property (900 Mitchell Avenue) to R20.
Council concurred with change.
4. Suggest changing property along south side of Prospect Street between alley and Sidney Avenue
to Mixed Use.
Council made the following change: Property along south and east side of Prospect Street between
alley Kitsap Street and Sidney Avenue from Commercial to Mixed Use.
This concluded staff recommended changes to the draft Zoning Ordinance.
At this time, Mayor Weatherill invited anyone who has questions or comments on the proposed zoning map
to address them at this time.
December 14, 1998
Page 4 of 7
Gary Chrey, attorney representing Boyer Halvorsen's request to redesignate his property (Tax Parcel No.
272401-3-001-2009) located along Ross Point west of State Highway 166 to Commercial zoning and
maintain the property east of State Highway 166 as Residential 4.5. Mr. Chrey advised the property is
currently used for barge storage. The property was previously used for log storage from 1958 to
approximately 1995. Due to the decline of log towing on Puget Sound the use changed to barge storage.
Brad Corner, representing Tyee International, owner of 110 acres north of SR16, currently zoned R4.5. Mr.
Corner asked Council to consider a designation overlay on the zoning map to allow for a mixed use
designation that would encourage growth for many different types of marketing opportunities.
Gary Chrey, attorney representing Orrin Nelson, owner Kitsap Marina, (Tax Parcel No. 332401-1-009-2007)
presented (Exhibit 1) an aerial photo which depicts a modular home on the property, which is used by one of
the business owners as his living quarters. Mr. Chrey advised this modular is considered the same as a
manager's unit at a storage facility; its purpose is accessory living quarters. The property is currently zoned
R4.5 and Mr. Chrey is asking for a designation change to Industrial. All of Tax Parcel No. 332401-1-009-
2007 is proposed as Industrial except the property where the modular home is situated.
Gary Chrey, attorney representing Greg Suldan, owner of Suldan's Boat Works, (Tax Parcel No. 342401-2-
036-2001) presented (Exhibits 2, 3, 4, 5, and 6) panoramic photos that depict a parking lot used for a marina
and marine related activities. It also contains the ramps that provide access to the marina. The property is
currently zoned R4.5 and Mr. Chrey is asking for a zoning designation change to Commercial to reflect
actual use.
Gary Chrey, attorney representing Cliff Thompson's property, (Parcel No. 272401-3-003-2007) which is
located on the south side of Boyer Halvorsen's property east of State Highway 166. The property currently
has a zoning designation of Residential 4.5. Mr. Chrey advised this property is currently zoned Residential
R4.5. Mr. Chrey advised the property has equipment in the water (dolphins) on the north property line which
have historically been used for water related activities such as log storage. Mr. Chrey is asking for a zoning
designation change to Commercial.
Virginia Skinner, Sun Quest Realty, representing the estate of Marion Gorton, (Tax Parcel No. 342401-2-
002-2001), located at 1061 SW Bay Street, presented a packet of information that characterizes the history
of the property. Ms. Skinner advised the property was purchased in the 1950's. Mr. Gorton was a
commercial fisherman and built a double pier to dock and moor his fishing boat. The property is currently
zoned R4.5. Ms. Skinner is asking for a commercial zoning designation on the waterside and a residential
zoning designation on the east side of State Highway 166.
City Planner Gross referred to letter submitted by Norma J. Montgomery, owner of property located at the
corner of Farragut Avenue and Guy Wetzel, (Tax Parcel No. 4027-011 -001 -00) explained the current zoning
for her parcel is R8 and would like Council to consider a zoning designation change to R20 to conform to the
zoning within the adjoining block.
Mayor asked for further audience comments concerning the proposed draft Zoning Ordinance, zoning
procedures book and zoning map. As no further comments were received, Mayor Weatherill closed the
public input of the Public Hearing and referred this matter to Council for their consideration.
Councilman Morrison, seconded by Councilwoman Powers, moved to approve the following modifications to
the draft zoning map:
❑ Boyer Halvorsen's property located along Ross Point west of State Highway 166 (Tax Parcel No.
272401-3-001-2009). Property located to the west of SR 166 changed to Commercial zoning
designation and the property to the east of SR 166 remain as R4.5 zoning designation.
❑ Kitsap Marina property (Tax Parcel No. 332401-1-009-2007) change the zoning designation from
R4.5 to Industrial zoning designation.
December 14, 1998
Page 5 of 7
❑ Suldan's Boat Works (Tax Parcel No. 342401-2-036-2001) change the zoning designation from
R4.5 to Commercial.
❑ Cliff Thompson's property located on the south side of Boyer Halvorsen's property, west of State
Highway 166 (Tax Parcel No. 272401-3-003-2007) change the zoning designation from R4.5 to
Commercial zoning.
Councilman Geiger moved to amend motion to change the zoning designation for the property located at
1061 SW Bay Street, (estate of Marion Gorton) from R4.5 to Commercial, seconded by Councilman
Clauson. Motion failed 2 ayes and 5 nays. Councilmembers Wyatt, Morrison, Powers, Van Zee and
Stansbery voting nay.
Council unanimously approved original motion as presented to modify the draft zoning map.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council denied the request to
change zoning designation to R20 as submitted by Norma J. Montgomery, owner of property located at the
corner of Farragut Avenue and Guy Wetzel.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved the map changes
and text changes to the draft zoning ordinance and draft zoning map, as presented by staff and amended by
the City Council.
Councilman Geiger moved to approve changing the zoning designation for the property located at 1061 SW
Bay Street, (estate of Marion Gorton) from R4.5 to Commercial. Motion died for a lack of second.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council approved the text
changes to the draft zoning procedures book, as presented by staff and amended by the City Council.
On motion by Councilman Van Zee, seconded by Councilman Morrison, Council denied request by Brad
Corner, Tyee International, owner of 110 acres north of SR16, currently zoned R4.5 to develop a
designation overlay on the zoning map to allow for a mixed use designation. Council recommended that Mr.
Corner consider submitting a Mixed Use Rezone application.
At 11:33 PM, Mayor Weatherill called for a 10 minute recess with meeting reconvening at 11:53 PM.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding proposed Ordinance No. 1745 repealing
Ordinance No. 1707 (POMC 13.04) and establishing regulations providing for the control, management,
maintenance and use of public and private water and sewer systems and providing rates for connections of
use of such systems.
City Engineer Curies and City Treasurer Tompkins gave the staff report on the changes to the current water
and sewer ordinance.
Mayor Weatherill asked for audience comments concerning the ordinance regulating city water and sewer
systems and providing rates for connection and use of such systems. As no response was received, Mayor
Weatherill referred this matter to Council for their consideration.
On motion by Councilman Clauson, seconded by Wyatt, Council approved Ordinance No. 1745 repealing
Ordinance No. 1707 (POMC 13.04) and establishing regulations providing for control, management,
maintenance and use of public and private water and sewer systems and providing rates for connections
and use of such systems.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council approved the following
consent agenda items as follows: Note: Councilman Wyatt refrained from voting due to a conflict of interest
with Item e.
December 14, 1998
Page 6 of 7
a. City Council minutes as follows:
November 23, 1998 regular meeting, as amended.
November 30, 1998 study session to discuss proposed 1999 Budget
December 7, 1998 special meeting Public Hearing on 1999City Budget.
b. Ordinance No. 1744 amending Ordinance No 1694 by amending the salary schedule for
employees of the City of Port Orchard for the year 1998. (To reflect wage adjustments
implemented during the year of 1998.)
C. Ordinance No. 1746 vacating a portion of Rockwell Avenue right of way as submitted by
Sandy and John O'Donnell.
d. Ordinance No. 1747 adopting the budget for the year 1999 (To reflect appropriations as
designated at budget public hearing held December 7, 1998.
e. Resolution No. 1842 modifying Condition No. 10 of Resolution No. 1811 (Special Use
Permit) 296 Tremont Street — Tom Herstad Building Design.
f. Resolution No. 1843 amending Resolution No. 1761 to authorize a salary adjustment for
the position of Construction Engineer.
g. Approval of Claim Warrants Number 29862-29969 in the amount of $288,168.20 and
November 1998 Payroll Warrants 130651-130819 in the amount of $ 206,568.64.
h. Approval for Mayor Weatherill and Chief Mathews sign DUI Task Force Mutual
AidAgreement, 1999 - 2000.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council authorized the Mayor
to sign a 63 month Term Rental Agreement with Pitney Bowes for the new postage mailing machine,
Model No. E590.
On motion by Councilman Morrison, Chair of Street Committee, seconded by Councilman Wyatt,
Council approved a request to allow a "v-shaped" sign located in public right -of way adjacent to
Sedgwick Road, east of State Highway 16 (NE quadrant) with the following conditions:
❑ The sign shall measure a maximum height of 5 feet above the roadway to the top of the
sign;
❑ the sign will measurer no larger than 4' x 8%
❑ the sign will be removed one year from the date of approval or at the discretion of the City
Council;
❑ the sign must contain the word "realty" and a contact phone number.
On motion by Councilman Morrison, Chair of Street Committee, seconded by Councilman Stansbery,
Council authorized the City Engineer to place a stop sign at the corner of Roland Avenue and May
Street.
On motion by Councilman Morrison, Chair of Street Committee, seconded by Councilman Wyatt,
Council denied request to vacate an alley in the 1400 block of Sidney Avenue, due to lack of
information and reason for the request.
Mayor Weatherill placed in the Street Committee, a request to place A -board signs in city right-of-way
as submitted by the Covenant Church.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the Mayor
to sign a contract with Commercial Communication Services, Inc., in the amount of $10,586.01, plus tax
to install telephone and computer wiring in the new City Hall.
December 14, 1998
Page 7 of 7 1
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to
sign Easement Agreement for city property along Lloyd Parkway. The easement provides for utilities
along Lloyd Parkway and allows for access across city property north of the site.
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council authorized the City
Engineer to contract with Carrenden Enterprises, Inc. in the amount of $1,125.00 for the Methane
Monitoring Program, for the proposed new Public Works shop facility, located on Lloyd Parkway.
Meeting adjourned at 12:15 AM.
Michelle Merlino, Deputy City Clerk
LESLIE J. WEATHERILL MAYOR