04/08/1996 - Regular - MinutesPort Orchard, Washington
April 8, 1996
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers
present: Wyatt, Morrison, Geiger, Van Zee and Grable. Councilman Clauson and
Councilwoman Powers excused. Staff present: Deputy Clerk Hager, Police Chief Mathews,
City Planner Gross, City Engineer Curles, Fire Chief Snow, City Clerk Parks and City
Attorney McCluskey.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No
response was received.
On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the
consent agenda as follows:
a. Minutes of the following Council meeting:
(1) March 25, 1996 regular meeting.
b. Payment vouchers as follows: Claims Warrant No. 24388-24488 in the
amount of $90,710.23 and March 1996 Payroll Warrant No. 124197-124387
in the amount of $204,990.01.
C. Resolution No. 1731 approving installation of the sign on the Public
right of way - located at the west intersection of Old Clifton Road and
Lloyd Parkway. (R.V and Associates, applicant)
d. Resolution No. 1732 approving a temporary replacement of the "Backdoor
Mall" signs with "Sidney Village" signs on the public right of way -
located at Tremont Street at the Port Orchard Boulevard and on Port
Orchard Boulevard as it ends at Bay Street.
e. Ordinance No. 1650 repealing Resolution No. 1711 and Ordinance No.
1384, Section 2 and establishing regulations and fees related to
parking, stopping or standing in certain areas of the City.
f. Ordinance No. 1651 amending POMC 9.18.020 by revising definitions and
adding a new section POMC 9.16.080 to adopt by reference RCW 9A.46.110.
g. Addendum to contract for incarceration of City Prisoners between the
City and Kitsap County setting term of contract for one year from
January 1, 1996 to December 31, 1996.
Mayor Weatherill opened the 7:30 PM Public Meeting regarding a revised Preliminary Plat
Application for 24 single family residential lots on 10 acres, known as Golden Pond.
The site is on the west side of Pottery Avenue, 400 feet south of Melcher Street. The
contract purchaser is J & H Limited Liability Partnership and their representative is
Keene Engineering. LEGAL DESCRIPTION: Attachment "A"
City Planner Gross gave a brief overview of the revised Preliminary Plat Application.
Planner Gross discussed the Planning Commission's recommended conditions of approval.
John Keene, Keene Engineering, availed himself to answer questions from Council and
further advised the developer has agreed to all conditions as recommended by the
Planning Commission.
April 8, 1996
Page 2 of 8
Brian Lovik, representing Mel and Ruth Lovik, 1236 Pottery Avenue, spoke in support of
the revised Preliminary Plat known as Golden Pond, however expressed concern with the
following items: (1) who has the responsibility and liability of the pond; (2)
expressed a concerned about invasion of privacy and suggested sharing the cost with the
developer to install a common fence; (3) sought assurance that run-off to the pond will
not increase, also suggested the possibility of installing an outlet for the pond (4)
questioned the biofiltration swales; and (5) expressed the need to upgrade Pottery
Avenue roadway.
Bruce Paquette, 1212 Pottery Avenue, applauded developer on the revised Preliminary Plat
application and expressed the need for upgrades to Pottery Avenue. Mr. Paquette
suggested neighbors deed 10' or 15' for additional roadway.
City Engineer discussed the quality of stormwwater runoff; and advised the Home Owners
Association would be responsible for the detention pond, filtration pond and bioswales
and discussed Pottery Avenue.
John Keene, Keene Engineering, advised the developer would be agreeable to share the
cost of placing a fence along the pond, approximately 300'. Mr. Keene further stated
Mr. Jim James, the developer of Golden Pond Subdivision, has no intention to extend the
access road any further north, than what is proposed.
Mayor Weatherill called for further public input either for or against the revised
Preliminary Plat, known as Golden Pond. As no response was received, Mayor Weatherill
closed the public input portion of the Public Hearing and referred this matter to
Council for their consideration.
Councilman Geiger presented motion, which was seconded by Councilman Van Zee, to adopt
Planning Commission Resolution No. 260-96 as their own and approved the Preliminary
Plat, known as Golden Pond to allow a subdivision of 10 acres into 24 single family
residential lots at 1280, 1290 and 1330 Pottery Avenue, with 34 conditions as listed
in Planning Commission Resolution No. 260-96.
Councilman Morrison, seconded by Councilman Geiger, amended motion to include a
condition the street configuration be an access road the whole length of the
development. Motion failed with 2 ayes and 3 nays. Councilmembers Grable, Van Zee and
Geiger voting nay.
Council approved original motion to adopt Planning Commission Resolution No. 260-96 as
their own and approved the Preliminary Plat, known as Golden Pond to allow a subdivision
of 10 acres into 24 single family residential lots at 1280, 1290 and 1330 Pottery
Avenue, with 34 conditions in Planning Commission Resolution No. 260-96. Motion passed
with 4 ayes and 1 nay. Councilman Morrison voting nay. The following 34 conditions
are as follows:
1. No permanent sign shall be erected without prior approval from the
Planning Department and issuance of a building permit.
2. A minimum of one street tree with a minimum height of six (6) feet and
1k inches caliper shall be installed within the front yard of each lot
prior to Certificate of Occupancy issuance.
3. The final plat shall indicate Tract A and B as open space and list the
land use restrictions against construction or clearing in these areas.
This area should be deeded to the Homeowner's Association.
April 8, 1996
Page 3 of 8
4. Grading is not permitted in Tract A and B.
5. Public/pedestrian access shall be provided to open space areas labeled
as Tract A and shall be identified as such on the Final Plat.
6. Approval of this plat does not imply approval of the Golden Pond
subdivision beyond the scope outlined herein nor does it imply approval
of future developments to the north and/or west of this site including
west of Ross Creek.
7. The buffer area will be enhanced by an approved landscape plan prior to
final plat approval. The landscape plan will be prepared by a
qualified firm and submitted to the City for approval.
8. The wetland buffer shall be flagged by a qualified specialist prior to
the issuance of the excavation permit and no construction or clearing
shall be allowed in the buffer area.
9. The Developer shall install an 8 inch ductile iron water main from
Pottery Avenue to the cul de sac.
la. An air vacuum release shall be installed at the high point of the water
main extension.
11. All water system improvements will be complete, and the as built
drawing will be accepted by the City prior to Final Plat approval.
12. All homes shall drain to a common sewer pump station, that shall be
constructed according to City requirements.
13. The sewer pump station shall be equipped with an on -site emergency
generator capable of operating both pumps simultaneously and meet the
following requirements:
A. Be an explosion proof assembly.
B. Be a dual pump assembly.
C. Have on site a water outlet, 100 volt outlet, and a telephone
conduit for future telemetry connection.
D. The area shall be fenced with at least a six (6) foot high
fence.
14. There shall be a manhole, of adequate depth, constructed at the
intersection of Pottery Avenue and the new road to allow future
connections by other properties.
15. All sewer system improvements will be complete, and the as -built
drawings accepted by the City prior to Final Plat approval.
16. The streets are to meet City standards and shall be dedicated to the
City as public right-of-way.
17. All streets will be paved with concrete sidewalks and curbs in place
prior to Final Plat approval. The sidewalk on the south side of the
proposed road is to extend to the northerly property line of proposed
Lot 12. The north sidewalk is to extend to the northwesterly property
April 8, 1996
Page 4 of 8
line of proposed Lot 16.
18. Thirty feet of property fronting Pottery Avenue shall be deeded to the
City as right-of-way.
19. The Final Plat shall show that each house in the subdivision shall pay
the City $400.00 for road improvements at the time of building permit
issuance.
20. A lighting plan shall be submitted and deemed acceptable to Puget Power
standards and to the City Engineer prior to placement of any outdoor
illumination. At a minimum, street illumination should be located at
the entrance, detention pond, Lot 16 and the water quality pond lot.
21. Lots 2 and 24 shall not access to Pottery Avenue.
22. The Engineer of record shall certify that the road slopes are 12% or
less.
23. The Developer should provide the City with $200.00 to pay for the
following signs and posts:
1 Street Sign
1 Stop Sign
1 Dead End Sign
24. The stormwater system shall be designed and constructed to meet the
standards that are in effect at the time of the issuance of the
excavation permit for the Preliminary Plat.
25. All areas that have been disturbed during construction, but not
constructed upon by 1 October of the year shall be hydroseeded or
covered with straw to minimize sediment erosion.
26. The stormwater system shall be designed by a professional engineer.
27. All stormwater system improvements will be complete prior to approval
of the Final Plat.
28. All lots will be surveyed and recorded.
29. All utilities will be underground.
30. Road grade at the west end of the project would appear to be 12% grade
into the cul de sac. Request the west end be looked at for more cut
and less grade.
31. Project to have 8-inch main with hydrant at the southeast corner of Lot
24 at the entrance to the project and a hydrant at the property line of
Lot 16.
32. Hydrants to be installed in accordance with Ordinance 999 and equipped
with 5-inch storz adapters.
April 8, 1996
Page 5 of 8
33. The Post Office may require combination boxes and not allow individual
mail boxes. Plans shall show cutouts for these and illustrate that
their placement will not obstruct the sidewalks. The boxes must not
constrict the width of the sidewalk.
34. To reduce the impact to the school system, mitigation fees will be paid
at the time of building permit issuance, if the City adopts a general
implementing ordinance of the school impact fees prior to the date that
a complete building permit application is accepted. The proponent can
also mitigate the impact to the school system by negotiating a
settlement with the South Kitsap School District.
Mayor Weatherill called for a 5 minute recess with the meeting reconvening at 8:35 PM.
Mayor Weatherill opened the 7:45 PM Public Hearing regarding an application for a Land
Use Zone Reclassification from Residential Low to Commercial General which would allow
development of an office complex consisting of two office buildings on .85 acres. The
site is located at 1989 Bethel Avenue. The contract purchaser is Richard L. Granquist.
LEGAL DESCRIPTION: ATTACHMENT "B".
Councilman Morrison stepped down from Council table, due to a conflict of interest.
City Planner Gross reported on the Planning Commission's recommendations for approval
of the Land Use Reclassification with 14 conditions as set forth in Planning Commission
Resolution No. 261-96. Planner Gross reported that the proposed development for
property lying to the south of the subject property has been dropped and condition (lc.
Access to allow joint use with property to the south) is no longer consistent with
Planning Commission recommendations.
Mayor Weatherill called for public input either for or against the proposed Land Use
Reclassification which would allow a development of an office complex located at 1989
Bethel Avenue.
William Palmer, Land Use Consultant, representing Richard L. Granquist, spoke in favor
of the Land Use Reclassification. Mr. Palmer further reiterated Planner Gross' concern
regarding the deletion of condition 1c regarding the access to allow joint use with
property to the south.
Richard Granquist, applicant, answered questions concerning the types of business being
proposed for the Bethel Office Park.
Mayor Weatherill called for further public input either for or against the proposed
reclassification for property located at 1989 Bethel Avenue. As no response was
received, Mayor Weatherill closed the public input portion of the Public Hearing and
referred matter to Council for their consideration.
On motion by Councilman Van Zee, seconded by Councilman Grable, Council unanimously
approved and adopted Planning Commission Resolution No. 261-96 as their own and approved
the Zone Reclassification from Residential Low to Commercial General to allow
reclassifying .85 acres into professional office complex located at 1989 Bethel Avenue
with the following 14 conditions, deleting condition lc. Access to allow joint use with
property to the south:
April 8, 1996
Page 6 of 8
1. Revised site plan shall be submitted and approved prior to issuance of
any permits and include the following:
a. Setbacks must meet Zoning Code requirements. Landscaping for
west, east and south portions of the development shall also
comply with Zoning Code requirements. A pedestrian link shall
be provided to the adjacent Post Office site. Quantity and
spacing of trees on the north property line will comply with
the revised landscape plan submitted on March 18, 1996.
b. Parking spaces changed to 20 feet in length, spaces deleted in
front of warehouse garage doors and incorporate compact parking
spaces into the design. Parking lot islands are not required.
G. --REees-s to —a'- a -je4t use with pFeperty t „+�
d. Dumpster(s) and mailbox locations. Fencing and landscaping
around dumpster(s) incorporated in to design.
e. Sign meeting setback.
f. Show the ingress of the Post Office.
2. Sign permit required prior to installation. The sign shall not exceed
117 square feet and comply with the Zoning Ordinance Chapter 5.6.8.8 &
9.
3. 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.
4. Addresses must be issued prior to building permit issuance.
5. The west 20 feet of the property be deeded to the City as right-of-way
in accordance with Resolution Number 1482.
6. The stormwater system shall be designed and constructed to meet the
best management practices as defined by the Department of Ecology.
7. All areas that have been disturbed during construction, but not
constructed upon by 1 October of the year shall be hydroseeded or
covered with straw to minimize sediment erosion.
8. The stormwater system shall be designed by a professional engineer.
The design will include an analysis of the contributing stormwater
flows to provide adequate protection against flooding.
9. All stormwater system improvements will be complete prior to issuance
of any certificate of occupancy.
10. The site shall be surveyed and recorded.
April 8, 1996
Page 7 of 8
11. At the time sidewalks are constructed along the frontage of the office
complex, a separate pedestrian walkway shall also be installed that
connects the sidewalk to the office building entrances.
12. All landscaped areas shall be irrigated by automatic sprinklers. An
irrigation plan shall be submitted prior to issuance of any permits.
13. All planting materials found dead or diseased within one (1) year of
installation shall be replaced at the property owners expense.
14. A lighting plan shall be submitted and approved prior to issuance of
any permits.
Matthew Randish, M&M Market and Texaco Station, addressed Council regarding the Growth
Management/Planning Committee's review and projected recommendation of the proposed
Tremont Village monument/directory sign. Mr. Randish expressed concern that he may be
required to remove the monument/price sign which was approved by the Council for
placement within the city right of way, if his business is also listed on the main
monument sign for the Tremont Village complex.
Don Thornton, Harrison Hospital, discussed the revised design and placement of the
monument/directory sign and requested to meet with the Growth Management/Planning
Committee's to review the proposed directory sign for South Health Care Campus.
After much discussion, Mayor Weatheri l l requested the Planning Committee meet with sign
applicants for further review and discussion on the proposed monument/directory sign
for the South Kitsap Health Care Campus.
William Ruth, representing Eaglecrest Development (previously known as Highlands at Ross
Creek), requested permission to place a permanent real estate sign on Tremont and
Pottery Avenue right of ways.
After a lengthy discussion on sign regulations and the moratorium on commercial signs
being located off -site, Mayor Weatheri 1 l suggested Mr. Ruth design an A -frame type board
sign and bring back to Council for final approval.
Mayor Weatherill introduced Claim for Expenses submitted by Attorney David Rovang
seeking payment of $534.78 Public Defender fees for a Municipal Court case which was
appealed to Kitsap County Superior Court. Assignment of the Public Defender was made
by Kitsap Co. Superior Court. City Attorney McCluskey reversed his office's prior
opinion that the City had no liability in this situation (since the City had not made
the Public Defender assignment) and suggested the City pay $400.00 which is the maximum
for a Public Defender assignment on an appeal case.
On motion by Councilman Morrison, seconded by Councilman Grable, Council authorized
payment to David Rovang, attorney at law, in the amount of $400.00 for payment of Public
Defender fees for a case which was appealed to Kitsap County Superior Court from the
City Municipal Court.
Councilman Geiger, Chair of Animal Control Committee, presented Committee recommendation
to approve request submitted by Gerry Harmon, 906 Kitsap, seeking an extension of June
28, 1993 temporary waiver of POMC 7.12.090 which allowed her to keep a maximum of five
dogs at her residence for a period of two years while her parents are residing in her
home.
April 8, 1996
Page 8 of 8
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council moved to extend
waiver of POMC 7.12.090 for the lifetime of the five dogs which are currently licensed
to Gerry Harmon, 906 Kitsap Street.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council approved
"Application for Public Event" for the Farmers Market to be held every Saturday starting
April 27, 1996 through October 25, 1996. The Council further emphasized all vendors must
use the Kitsap County Courthouse Parking Lot for their parking.
City Planner Gross discussed the revised plans for Phase II of Olympic Terrace located
on Orlando Street. Councilman Wyatt stepped down from Council table, due to a conflict
of interest.
After much discussion and recommendation by City Attorney that consideration of revised
site plan for Olympic Terrace Phase II should be in a Public }searing forum, Council
directed staff to set and advertise for the earliest date allowable for a Public
Hearing.
Council designated May 6, 1996 at 7:30 PM as the date and time for a Council Study
Session to discuss the Zoning Code Task Force.
On motion by Councilman Grable, seconded by Councilman Geiger, Council authorized the
Mayor to sign the notice to proceed for the City Hall construction drawings.
At 11:00 PM Mayor Weatherill convened Council into Executive Session for 10 minutes to
discuss two current litigation matters. Executive Session was extended an additional
20 minutes.
Mayor Weatherill reconvened Council into regular session and immediately adjourned
meeting at 11:30 PM.
12
PATRICIA PARKS, CITY CLERK
ESLIE J. WEATHERILL, MAYOR
April 8, 1996
Attachment "A"
GOLDEN POND
LEGAL DESCRIPTION
Parcel I:
The North 5 acres of the South 10 acres of the North 25 acres of the Southwest
quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East,
W.M.;
EXCEPT the South 1/2 acre;
Situate in the City of Port Orchard, County of Kitsap, State of Washington.
Parcel 11:
The South 10 acres of the North 25 acres of the Southeast quarter of the Northeast
quarter of Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County,
Washington;
EXCEPT the North 4.5 acres thereof;
AND EXCEPT Pottery Avenue;
Situate in the City of Port Orchard, Kitsap County, Washington.
April 8, 1996
Attachment "B"
GRANQUiST REZONE
LEGAL DESCRIPTION
That portion of the Northwest 1/ of the Northwest 'k of Section 36, Township 24
North, Range 01 East, W.M. , in Kitsap County Washington, defined as follows:
Beginning at the Southwest corner of said subdivision; Thence North 115.5 feet;
Thence East to a point on the Easterly margin of State Highway No. 14 (Bethel
Avenue); said point of being the TRUE POINT OF BEGINNING of property herein
described; Thence East 320 feet; Thence South 115.5 feet more -or -less to the South
line of said Northwest 'A of the Northwest '/ ; Thence West along said South line of
said subdivision to the East margin of State Highway 14; Thence Northeasterly along
said East margin to the True Point of Beginning.
Tax Account Number 362401-2-007-2004