09/08/1997 - Regular - MinutesPort Orchard, Washington
September 8, 1997
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. Council members present: Geiger, Powers,
Van Zee, and Grable. Council members Clauson, Wyatt, and Morrison excused. Staff present:
Police Chief Mathews, City Engineer Curles, City Planner Gross, Fire Chief Snow, City Clerk Parks,
and City Attorney Hanson.
Police Chief Mathews led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Carol Geisler, owner of property located at 1105 Tacoma Avenue, requested Council rescind
authorization allowing use of Tacoma Avenue tennis courts by skateboarders. She stated this use
does not belong in a close residential area, citing constant noise of skateboards, loud music, foul
language used and disturbances well past 10:00 P.M. make it impossible to live a quality life.
Jim Dudley, who lives across the street from Ms. Geisler, voiced opposition to any continued use of
the Tacoma Avenue tennis courts for skateboarding and offered suggestion that Van Zee Park may
be a viable alternate site.
Randy Pickett, 1104 Tacoma Avenue, stated he lives directly across from the Park and feels his
family is the most effected. Since the Skateboard Park was installed they have been living in a
constant state of disruption. The noise is unbearable, his 4 year old child can not sleep, and they
can not sit in their living room and watch television due to the noise. The skateboarders do not
leave the park when the lights go out at 10:00 PM, they stay until well after 2:00 A.M. This has
been a very difficult time for his family.
Mayor Weatherill encouraged Council members to reconsider approval of skateboarding at the
Tacoma Avenue tennis courts, stating that approval was contingent upon the skateboarders
policing themselves and not disturbing the neighborhood. Mayor Weatherill voiced opinion that
Council approval should have been stopped at the beginning of the school year. It is important that
families, especially those with school children have an environment that allows them to get proper
rest. Mayor Weatherill further stated that the Council graciously allowed this use so the
skateboarders would not be left without a place to skateboard. However, it has come to the point
that the City has bent over backward and now needs to think about what is going on in that
neighborhood. Also, we are already looking at a cost to resurface the tennis courts.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council discontinued use
of Tacoma Avenue tennis courts for skateboarding at end of this week. Skateboarding will be
allowed this week with the "Skateboard Park" closing daily at 6:30 P.M. Signs are to be posted on
site giving notice of daily closure time and discontinuance of use effective Sunday, September 14,
1997 at 6:30 P.M.
Dave Lystad, 124 May Street voiced complaint of sewer smells in the May Street area.
Tom Horkan, Greg Lippincott, and Jerry Phieffer updated Council and Mayor on Washington State
Department of Transportation SR16/Tacoma Narrows Study. This study includes the area west of
Nalley Valley viaduct (in Tacoma) to the SR302 connection at Purdy. A public involvement
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telephone number (1-888-SOLVE16 ) has been established for citizen input. Mr. Lippincott also
requested the City appoint a city representative to serve on the Local Involvement Committee.
Tim Ransom, Puget Sound Water Quality Authority Action team (PSWQAAT) introduced himself as
the liaison between the PSWQAAT and Kitsap, Jefferson, and Mason Counties. Mr. Ransom
reviewed Action Team history and the key actions of regional activity.
Mayor Weatherill called for a 15 minute recess with meeting reconvening at 8:45 PM.
Mayor Weatherill opened Public Hearing scheduled for 7:30 P.M. on Zone Reclassification Application
R-1129 submitted by Northwest Equity Investments II. Application would allow construction of gas
station, food mart, and detached car wash on the south side of Mile Hill Drive (1800 block). Legal
Description Attachment "A".
City Planner Gross gave staff report reviewing proposal and clarified location.
Jon Rinker, acting as representative for applicant, responded to Council questions regarding access,
drainage and usage.
Mayor Weatherill called for public input relevant to Rezone Application R-1129. As no response was
heard, Mayor Weatherill closed public input portion of Public Hearing and referred matter to the City
Council for consideration.
On motion by Councilwoman Powers, seconded by Councilman Grable, Council adopted finding,
facts, conclusions and conditions as set forth in Planning Commission Resolution No. 284-97 as their
own and approved Rezone Application R-1129, reclassifying property located in the 1800 block of
Mile Hill Drive from Residential Low to Commercial General as submitted by Northwest Equity
Investments, II with the following 19 conditions:
1. Any major modifications as defined in Chapter 4, Page 9, of the Zoning Ordinance will
require a public hearing (with public notification) before the City Council. Any modified site
plan must have City Council approval and may be subject to new conditions of approval.
2. Sign permit is required prior to installation. Total signage for the site shall not exceed 264
square feet and must comply with standards set forth in Chapter 5.6.B(8) and (9) of the
Zoning Ordinance.
3. Landscaping must comply with standards set forth in Chapter 5.6.B(6) of the Zoning
Ordinance. All landscaping must be installed prior to the issuance of the Certificate of
Occupancy for the site.
4. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation and lighting
plan shall be submitted prior to the issuance of any permits.
5. All planting materials found dead or diseased within one (1) year of installation shall be
replaced at the property owner's expense.
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6. The height of any structure shall not exceed 33 feet to the roof drip line at any point unless a
fire protection plan is approved by the Fire Chief.
7. This reclassification shall be valid for a period of 18 months. If substantial progress toward
construction has not occurred by the expiration of this time period, the City Council may
revoke the new land use reclassification or approve an 18 month time extension with
conditions.
8. The property can be served by the Annapolis Water District, if the Water District approves.
9. The building permit for the construction of the structure shall not be issued until the water
supply plans are approved.
10. The property can be served by Kitsap County Sewer District #5, if the Sewer. District
approves.
11. The building permit for the construction of the structure shall not be issued until the sewer
service plans are approved.
12. The access to Mile Hill Drive shall be right -in -right -out only.
13. The Developer shall construct a five-foot wide concrete sidewalk and concrete curb near the
south edge of Mile Hill Dive. This shall be completed before issuance of the Certificate of
Occupancy.
14. The Developer shall pave between the existing road and new concrete curb to provide a
shoulder for bicycle use. This shall be completed before issuance of the Certificate of
Occupancy.
15. All areas that have been disturbed during construction, but not constructed upon by October
1 of each year shall be hyrdoseeded or covered by straw to minimize erosion.
16. The storm water system shall be designed by a professional engineer, licensed in the State
of Washington, and shall meet the requirements of the Department of Ecology storm water
manual or its equivalent.
17. The detention pond shall be fenced with at least a six-foot high chain link fence and its
access gate shall be locked.
18. Hydrant placement on site may be required. Definite location cannot be identified until
engineered drawings are prepared on tank locations and piping identification.
19. The site address must be issued prior to building permit issuance.
Mayor Weatherill opened the 7:35 P.M. Public Hearing on Zone Reclassification Application R-1128
as submitted by Doug Ostrom, Ostrom Management. The application is seeking to reclassify property
located at 1761 Pottery Avenue from Residential High to Multi -Family to allow demolition of an
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existing single family residence and develop a 60 unit assisted living facility (Stafford Suites). Legal
Description : Attachment "B"
City Planner Gross gave staff report describing location and reviewed Planning Commission's
recommendation of approval with conditions.
Mayor Weatherill opened public input portion of the hearing and requested input on this matter.
William M. Palmer and Don Proctor, representing applicant Mr. Doug Ostrom, reviewed project and
responded to questions from Council.
Doug Ostrom, applicant, requested Council reconsider condition recommended by the Planning
Commission requiring construction of "walking trails". Mr. Ostrom ask for latitude to install outdoor
recreational facilities as deemed appropriate for their residents.
Frank Grotkopf, 1773 Sage Court, spoke representing 24 residents who live in the areas adjacent to
the subject property. Mr. Grotkopf stated they are not opposed to the project, however would like to
voice concern on the following items:
1. Size of structure is to tall. Neighbors believe a two story structure would be more appropriate
for the residential nature of the neighborhood;
2. Neighbors would like parking requirement reduced to .5 spaces per unit;
3. Requested drainage pond be fenced;
4. Increase landscape buffer with more trees at rear along east property line;
5. Requested limited construction hours be designated;
6. Requested cedar fencing be required to blend with surrounding properties.
Greg Koster, 1776 Sage Court, questioned how overflow from the retention pond will be directed.
Don Proctor explained the pond is engineered to flow west toward Pottery Avenue away from
adjacent properties.
Dave Lystad, 124 May Street spoke in opposition to a three-story building. Mr. Lystad also voiced
strong concerns on storm drainage; citing drainage problems he perceived are a result of ineffective
drainage system in other neighboring developments. Don Proctor addressed storm drainage -
retention system describing the increase size of the pond and engineering methods used to design
the Stafford Suites retention system.
Mayor Weatherill called for additional input regarding Rezone Application R-1228. As no response
was heard, Mayor Weatherill closed public input portion of the Public Hearing and referred matter to
Council for their consideration.
Councilwoman Powers moved to reclassifying property located at 1761 Pottery Avenue from
Residential High to Multiple Family 20 as submitted by Doug Ostrom, Ostrom Management, and
September 8, 1997
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adopt finding, facts, conclusions and conditions as set forth in Planning Commission Resolution No.
283-97 with the following three revisions: (Motion was seconded by Councilman Van Zee):
• Revise Condition 3 to reinstate six (6) foot tall cedar fence
• Revise Condition 19 to read "All stormwater improvements shall be completed prior to issuance of
an occupancy permit."
• Add new condition establishing a parking variance to allow .5 space per unit.
Councilman Van Zee moved to further amend Condition 3 to permit walking trail or other outdoor
exercise area, motion seconded by Councilwoman Powers and carried with 4 ayes.
Original motion as amended was unanimously approved adopting Planning Commission Resolution
No. 283-97 and authorizing the Zone Reclassification of property located at 1761 Pottery Avenue
from Residential High to Multiple Family 20 as requested by Ostrom Management, Don Ostrom to
allow development of a three (3) story, 31,200 square foot assisted living facility at 1761 Pottery
Avenue contingent upon compliance with the following 23 conditions:
A sign permit is required prior to installation. The sign shall comply with the Zoning Ordinance
Chapter 5.4.B(7) and (8).
2. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation plan shall be
submitted and approved prior to issuance of any permits. The irrigation system shall be
installed prior to issuance of the Certificate of Occupancy.
3. A revised landscaping plan must be submitted and approved by the City Planner prior to
building permit issuance. The landscape plan must detail a (6) six foot tall cedar fence on
the site's north, south and east perimeter, a walking trail or other outdoor exercise area,
necessary bridges over the bioswale(s), incorporate native vegetation, and increase the
evergreen plantings around the north turn -around. All landscaping including the six (6) foot
tall cedar fence and walking trail or other outdoor exercise area must be installed and
inspected prior to issuance of a certificate of occupancy.
4. A lighting plan must be submitted and approved prior to building permit issuance. All lighting
must be directed away from all adjoining residential properties.
5. All planting materials found dead or diseased within one (1) year of installation shall be
replaced at the property owner's expense.
6. The reclassification shall be valid for a period of 18 months. If substantial progress toward
construction has not occurred at the expiration of this time period, the City Council may revoke
the new land use reclassification or approve an 18 month time extension with conditions.
7. The design of the storm water system will be consistent with Department of Ecology standards.
8. Prior to obtaining any City permit or clearing the property, the Developer shall obtain a forest
practice permit from the Department of Natural Resources.
9. The construction details of the water service shall be included in the building permit application.
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10. The construction details of the sewer service shall be included in the building permit
application.
11. The location of the dumpster shall be included on the site plan in the building permit
application.
12. The Developer shall sign a concomitant agreement agreeing to participate on a pro-rata basis
for a traffic signal at the intersection of South Kitsap Boulevard and Pottery Avenue.
13. The Developer shall construct a five (5) foot wide concrete sidewalk and asphalt bike path
along the Pottery Avenue right of way to improve pedestrian access prior to issuance of the
certificate of occupancy. A revised site plan must be submitted, reviewed and approved by the
City Engineer.
14. The properly shall be surveyed.
15. All on site utilities should be underground.
16. The stormwater system shall be designed by a Professional Engineer licensed in the State of
Washington.
17. All areas that have been disturbed during construction, but not constructed upon by 1 October
of the year shall be hyrdoseeded or covered with straw to minimize sediment erosion.
18. The drainage pond shall be fenced with a six (6) foot tall chain link fence. The access gate
shall be locked.
19. All stormwater improvements shall be completed prior to issuance of a certificate of occupancy.
20. A fire protection plan shall be approved by the Fire Chief prior to building permit issuance.
21. Fireflow shall conform to the Uniform Fire Code. One (1) fire hydrant minimum will be required
on site.
22. The driveway to the rear parking lot to the east of the structure requires review for emergency
vehicle turn around.
23. Establish a parking variance to allow .5 space per unit.
On motion by Councilman Grable, seconded by Councilman Geiger, Council approved consent
agenda items as follows:
a. Minutes of the following Council meeting:
(1) August 25, 1997 regular meeting
(2) August 20, 1997 Special Meeting — Zoning Code Ordinance
b. Approval of Claim Warrants Number 27310-27374 in the amount of $109,075.81 and
August 1997 Payroll Warrants. 127750 — 127952 in the amount of $217,793.07.
September 8, 1997
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Councilman Grable presented framed photo of the USS Nimitz that he had accepted on behalf of the
City at the farewell to the Nimitz ceremony August 30, 1997.
Mayor Weatherill gave report on Martin Luther King Day Scholarship Luncheon held September 7,
1997. At this luncheon, Mayor Weatherill accepted a certificate honoring the City for recognizing
Martin Luther King Day as a holiday for city employees.
Mayor Weatherill informed Councilmembers the VFW has scheduled a meeting for October 7,1997 at
7:30 P.M. to discuss bringing the Loyalty Day Parade back to Port Orchard in 1998.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council approved
Resolution No. 1788 authorizing the use of credit cards in the Municipal Court, upon review of
agreement by City Attorney.
On motion by Councilman Geiger, seconded by Councilman Grable, Council authorized the Mayor to
sign the Utility Extension Agreement allowing property located at 1118 SW Old Clifton Road, Frank
Grace, owner to connect to the City water system.
Mayor Weatherill adjourned meeting at 10:35 PM.
LP�c.
Patricia Parks, City Clerk
LESLIE J. WEATHERILL, MAYOR
September 8, 1997
Attachment "A"
Fox's Chevron Rezone
Legal Description
THE NORTH 240 FEET OF THE FOLLOWING:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER,
SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SUBDIVISION
WITH THE SOUTHERLY MARGIN OF STATE HIGHWAY NO.14 RIGHT-OF-WAY; AND
RUNNING THENCE WEST ALONG SAID SOUTHERLY MARGIN 132 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 320 FEET; THENCE WEST 132 FEET;
THENCE NORTH 320 *FEET TO SAID SOUTHERLY MARGIN; THENCE EAST ALONG
SAID SOUTHERLY MARGIN 132 FEET TO THE TRUE POINT OF BEGINNING.
ALSO THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, WITH THE SOUTH
MARGIN OF STATE ROAD NO.14; THENCE SOUTH ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER 660 FEET; THENCE WEST
132 FEET; THENCE NORTH 660 FEET TO THE SOUTH LINE OF SAID STATE ROAD
NO.14; THENCE EAST ALONG SAID SOUTH LINE 132 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND REGRESS ACROSS AND
THROUGH THE TRAFFIC ISLES IN AREAS DESIGNATED ON THIS PROPERTY WHICH IS
USED FOR SUCH PURPOSE BY THE OWNERS AND ITS PERMITIEES.
September 8, 1997
Attachment "B"
Stafford Suites Rezone
Legal Description
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH,
RANGE 01 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 18 RODS SOUTH ON THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH 32 RODS; THENCE EAST 25 RODS;
THENCE NORTH 32 RODS; THENCE WEST 25 RODS TO POINT OF
BEGINNING; EXCEPT THE WEST 50 FEET FOR COUNTY ROAD;
SITUATE IN KITSA COUNTY, WASHIGTON; EXCEPT THE SOUTH
ONE ACRE THEREOF.
TAX PARCEL NUMBER: 352401-3-005-2005