12/09/1996 - Regular - MinutesPort Orchard, Washington
December 9, 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: Clauson, Wyatt, Geiger, Powers, Van Zee and Grable. Councilman Morrison
excused. Staff present: Police Chief Mathews, City Engineer Curles, City Planner Gross,
Fire Chief Snow, Deputy Clerk Hager, City Clerk Parks and City Attorneys Hanson and
Ryan.
Councilman Grable 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.
Mayor Weatherill opened the continued 7:35 PM Public Hearing regarding an application
for a Zone Reclassification from Residential Low to Commercial General for property
located at 2497 Bethel Avenue. This would allow development of a two (2) story
professional office building upon demolition of the existing single family residence.
Application submitted by Doug and Dee Eide. LEGAL DESCRIPTION: Attachment "A"
City Planner Gross gave staff report outlining revised site plan. After the Planning
Commission meeting the developer requested the Council's Public Hearing be delayed to
this date to allow them time to redesign the project site plan. Ms. Gross stated that
the changes are consistent with the comments made by the Planning Commission.
Doug Eide, 4033 Lasada Ln, Port Orchard, addressed Council concerning a potential
problem with the placement of the dumpster in the parking lot. Mr. Eide requested
permission to shift the parking lot approximately 5 feet toward the front lot line to
provide additional vehicle back-up space in the back of the parking lot, where the
dumpster is located. Mr. Eide further stated an additional planting strip would be
added along the front of the structure and landscape screening added around the
dumpster. These were acceptable additional conditions of approval.
Mayor Weatherill called for public input either for or against the proposed application
for a Zone Reclassification from Residential Low to Commercial General which would allow
development of a two (2) story professional office building located at 2497 Bethel
Avenue. As no response was received, Mayor Weatherill closed the public input portion
of the Council meeting and referred the matter to the Council for their consideration.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council unanimously
adopted as their own, Planning Commission Resolution No. 267-96 (with 10 conditions as
recommended by the Planning Commission, listed below) and approved. -the Zone
Reclassification from Residential Low to Commercial General to allow development of a
two (2) story professional office building located at 2497 Bethel Avenue, upon
demolition of the existing single family residence and further included two additional
conditions (1) permitting developer to shift the parking lot approximately 5 feet toward
the front lot line to provide for additional vehicle back-up space in the back of the
parking lot, where the dumpster is located; (2) an additional planting strip would be
added along the front of the structure and landscape screening added around the
dumpster.
1. A revised site plan including the following shall be submitted to and
approved by the Public Works Department prior to issuance of any permits:
a. Relocating the required front yard street trees within 10 feet of
the "new" property line after the 20 foot dedication.
b. Five (5) additional trees shall be provided in the parking lot
landscape island and nearby as required in the Zoning Code.
December 9, 1996
Page 2 of 6
2. Sign permit is required prior to installation. The sign shall not exceed
140 square feet and comply with the Zoning Ordinance Chapter 5.6.B(8) and
(9). Any sign requested in the public right-of-way shall be reviewed
separately by the City Council.
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. The west 20 feet of the property must be deeded to the City as right-of-
way in accordance with Resolution Number 1482 prior to issuance of a
building permit.
5. The design of the stormwater system will be consistent with Department of
Ecology standards.
6. The property will connect to the City's sanitary sewer system, prior to
occupying the new building.
7. All landscaped areas shall be irrigated by automatic sprinklers. An -
irrigation and lighting plan shall be submitted prior to issuance of any
permits.
8. All planting materials found dead or diseased within one (1) year of
-installation shall be replaced at the property owners expense.
9. Fireflow in conformance with the Uniform Fire Code will be required.
10. The City Engineer will approve the sewer pump design prior to its
installation.
Mayor Weatherill opened the 7:40 PM Public Hearing regarding the revised site plan
requesting a joint use parking lot between Olympic Terrace Apartments and South Sound
Cinema. Mayor Weatherill stated this public Hearing will only address the parking lot
issue and not include any discussion on access through the apartment complex and cinema,
which will be addressed at a later date.
Councilman Wyatt stepped down from the Council table and refrained from voting due to
a conflict of interest.
City Planner Gross stated the request is to extend the existing parking lot of South
Sound Cinema onto the Olympic Terrace site for use by the cinema. Ms. Gross also
advised, for the record, two letters were received concerning the joint use parking lot.
Mr. William Wiley wrote in favor of the joint parking facility and the second letter,
Mr. and Mrs. Ralph Brady, 1500 Russell Ave SE., Port Orchard, are opposed to the joint
use parking lot due to a variety of issues including an increase in traffic and
potential access between the apartment complex and cinema.
Bill Palmer, land Use Consultant, representing applicant, stated the joint use parking
facility, will allow additional parking for the cinema and the apartment complex will
be in compliance with the city's parking standards.
December 9, 1996
Page 3 of 6
Richard A. Brown, P.O. Box 545, advised this request is meant to address the need for
additional parking for the cinema and when the developer for Phase 3 and 4 of Olympic
Terrace Apartment has finished his design, access between the cinema and the apartment
will be discussed in detail.
Paul Page, 11915-134th, Gig Harbor, representing Paul Garcia, managing partner for Phase
I and II of Olympic Terrace Apartments, stated if this public hearing is addressing only
the revised site plan for the parking lot, he will save his comments regarding access
between the apartment complex and cinema until a later date.
Mayor Weatherill called for additional comments either for or against the proposed joint
use parking lot. As no additional comments were received, Mayor Weatherill closed the
public input portion of the public hearing and referred the matter to the Council for
their consideration.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved the
revised site plan for the joint parking lot located on the southern most 65 feet of
Olympic Terrace site, the dimensions of the parcel are 65' x 395' to allow a total of
69 parking spaces and at this time the joint access between Olympic Terrace Apartments
and South Sound Cinema is undefined. Motion passed with 5 ayes.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:40 PM.
Mayor Weatherill opened Public Hearing scheduled for 7:45 PM regarding a Special Use
Permit application to construct a 100' monopole cellular tower, 12 panel -type antenna,
up to five self-contained electronic cabinets and a 2' microwave dish. The site is
located on the Cedar Heights Jr. High School grounds, 120 feet east of the existing
Cellular One monopole tower. The applicant is Sprint Spectrum, L.P. LEGAL DESCRIPTION:
Attachment "B".
City Planner Gross reviewed the Special Use Permit Application and outlined the Planning
Commission's recommendation of approval.
Kevin Barlay, representing Sprint Spectrum, presented three digitized photos depicting
the location and appearance of the tower and described the tower's potential uses.
Mayor Weatherill called for public input from the audience either for or against the
proposed Special Use Permit. 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, seconded by Councilman Van Zee, moved to approve issuance of a
Special Use Permit to Sprint Spectrum, LP. (with seven condition as recommended by the
Planning Commission, listed below) to construct a 100' monopole cellular tower, 12
panel -type antennas, up to five self-contained electronic cabinets and a 2' microwave
dish with an additional condition, if at any time in the future it becomes technically
feasible and the location becomes a benefit to Ki tsap County Central Communication
(CENCOM 911) they will be allowed to hook into this cellular pole at the expense of
CENCOM 911.
1. A building permit shall be obtained from the Building Department prior to
installation.
2. No exterior lighting shall reflect on adjoining residential properties.
December 9, 1996
Page 4 of 6
3. A landscaping and lighting plan shall be submitted and approved prior to
building permit issuance. At a minimum, the landscaping plan must include
evergreens to screen the site from Lippert Drive and the athletic field
and to replace any which need to be removed for the site development.
4. A copy of the recorded, modified and expanded easement agreement shall be
submitted to this office prior to issuance of a building permit.
5. An address shall be issued for this facility prior to building permit
issuance.
6. The terms of the Special Use Permit shall commence within 180 days from
the effective date of approval. If the time limit for development expires
and development has not commenced, or the use permitted by the does not
exist, the permit shall be considered void. No notice need be given nor
hearing held.
7. Any dead or diseased landscaping found on the site within one (1) year of
planting shall be replaced by the applicant.
At this time in the meeting, Mayor Weatherill reopened the Public Hearing regarding the
Special Use Permit as submitted by Sprint Spectrum, LP. to allow for additional
comments.
Kevin Barlay, representing Sprint Spectrum, advised Sprint Spectrum would consider
negotiating a lease with CENCOM 911 or another entity to hook into their tower.
Mayor Weatherill called for further public input from the audience regarding the
proposed Special Use Permit as submitted by Sprint Spectrum, LP. 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.
After considerable Council discussion, Mayor Weatherill reopened the Public Hearing
regarding the Special Use Permit as submitted by Sprint Spectrum, LP., to allow for
additional comments from the applicant.
Kevin Barlay, representing Sprint Spectrum, clarified that depending on the type of pole
that is installed, it may have the potential of a collocation between two and four
additional carriers. If the monopole is constructed to accommodate only two -additional
carriers, reserving one access for CENCOM 911 might eliminate further leasing options
for Sprint Spectrum. Mr. Barlay also expressed a concern that preserving CENCOM`s 911
right to locate at any time in the future, could possibly become a conflict of interest
at a later date with the other potential carriers.
Mayor Weatherill called for further public input from the audience regarding the
proposed Special Use Permit as submitted by Sprint Spectrum, LP. 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 and Councilman Van Zee, agreed to withdraw motion approving issuance
of a Special Use Permit to Sprint Spectrum, LP.
December 9, 1996
Page 5 of 6
Councilman Clauson moved to continue Public Hearing to December 23, 1996 (regular
Council meeting) at 7:30 PM to give CENCOM 911 an opportunity to respond to this Special
Use Permit application, seconded by Councilwoman Powers. Motion failed with 4 nays and
2 ayes. Councilmembers Wyatt, t #�d Powers, Van Zee and Geiger voting nay.
0,60
On motion by Councilman Geiger, seconded by Councilman Wyatt;/Council adopted Planning
Commission Resolution No. 269-96 as their own and approved issuance of a Special Use
Permit to Sprint Spectrum, LP. to construct a 100' monopole cellular tower, 12 panel -
type antennas, up to five self-contained electronic cabinets and a 2' microwave dish
with the following seven conditions as recommended by the Planning Commission:
1. A building permit shall be obtained from the Building Department prior to
installation.
2. No exterior lighting shall reflect on adjoining residential properties.
3. A landscaping and lighting plan shall be submitted and approved prior to
building permit issuance. At a minimum, the landscaping plan must include
evergreens to screen the site from Lippert Drive and the athletic field
and to replace any which need to be removed for the site development.
4. A copy of the recorded, modified and expanded easement agreement shall be
submitted to this office prior to issuance of a building permit.
5. An address shall be issued for this facility prior to building permit
issuance.
6. The terms of the Special Use Permit shall commence within 180 days from
the effective date of approval. If the time limit for development expires
and development has not commenced, or the use permitted by the does not
exist, the permit shall be considered void. No notice need be given nor
hearing held.
7. Any dead or diseased landscaping found on the site within one (1) year of
planting shall be replaced by the applicant.
Mayor Weatherill called for a 5 minute recess with meeting reconvening at 9:45 PM.
City Engineer Curles discussed proposed Ordinance No. 1650 an ordinance which would
adopt parking regulations by ordinance and also introduced the new parking tickets.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved
Ordinance No. 1650 repealing Ordinance Nos. 1152, 1356, 1384 §2, 1522 §§1-4, and
establishing regulations and fees related to parking, stopping or standing in certain
areas of the City.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted
Resolution No. 1758 establishing time limits in certain areas of the City.
On motion by Councilman Grable, seconded by Councilwoman Powers, Council approved the
consent agenda as follows:
December 9, 1996
Page 6 of 6
a. Minutes of the following Council meetings:
(1) November 25, 1996 regular meeting, with noted corrections
(2) November 25, 1996 Budget Study Session
(3) December 2, 1996 - 1997 Budget Public Hearing.
b. Approval of Claim Warrant Nos. 25786-25852 in the amount of $87,539.56 and
November 1996 Payroll Warrant Nos. 125823-126086 in the amount of
$298,131.74.
C. Ordinance No. 1668 adopting city budget for 1997.
d. Ordinance No. 1669 revising the annual salary schedule for employees of
the City for the year 1996 to include negotiated wage adjustments which
were effective October 1, 1996.
e. Authorization for the Police Chief to sign proposed renewal of Bremerton-
Kitsap County DUI Task Force Mutual Aid Agreement.
On motion by Councilwoman Powers, Public Property Chair, seconded by Councilman Van Zee,
Council authorized the large trees located in the landscaping area at the corner of Bay
Street and DeKalb Street be removed and every effort to preserve them and replant them
along Lloyd Parkway. Any new plants need to be visually pleasing and low maintenance
also new plantings cannot block drivers visibility. Mr. Rod 011as, owner of 510 DeKalb
Plaza, will be responsible for the planting and maintenance of the shrubs for one year
at which time they will become the responsibility of the City.
City Clerk Parks presented a request by Rochelle's Pine Fabrics to sell fireworks at
the South Kitsap Mall parking lot from 6 pm to midnight on December 31, 1996.
On motion by Councilman Van Zee, seconded by Councilman Wyatt, Council authorized
Rochelle's Fine Fabrics permission to sell fireworks at the South Kitsap Mall parking
lot from 6 pm to midnight on December 31, 1996.
Mayor Weatherill adjourned Council into Executive Session for 5 minutes to discuss a
personnel issue.
Mayor Weatherill reconvened Council into regular session.
Councilman Clauson moved to establish that all part-time employees hired after December
9, 1996 will not receive full benefits, seconded by Councilman Van Zee and carried
unanimously.
Meeting adjourned at 11:02 PM.
Patricia Parks, City Clerk
PAZ-=
LESLIE J. WEATHERILL, MAYOR
Decatber 9, 1996
Attachment "A"
FIDE REZONE
LEGAL DESCRIPTION
SECTION 36 TOWNSHIP 24 RANGE 1 EAST
THE WEST 135 FEET OF FOLLOWING; BEGINNING 50 RODS NORTH OF
SOUTHWEST CORNER OF NORTHWEST OF THE 1/4 SOUTHWEST 1/4
THENCE EASTERLY ON A LINE LYING PARALLEL WITH AND 50 RODS
DISTANT NORTH OF SOUTH LINE OF NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 TO POINT ON THE WESTERLY MARGIN OF THE COUNTY
ROAD THEN N89 20'E ALONG ROAD 141.65 FEET THEN S89 20'W TO A
POINT ON WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
TO BEGINNING EXCEPTING ROAD.
TAX ACCOUNT NUMBER 362401-3-010-2007
Lso Do= iptan of Property:
December 9, 1996
Attachment "B"
T` AT PORTION OF THE NORTHE.ArS T {7UARTER OF THE NORTHEAST QUARTER AND THE NORTH HALF OF TECE
S10THEIAST QQARTF..R OF THE NORTHEAST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., KITSAP COUNTY, WASHINGTON. LYING EASTERLY OF PRZLAaY STATE HIGHWAY NO. 14 AND BEING
MARE PARTICUZARLY DESCRIBED AS FOLLOWS;
CDMMMICTING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE' SOM 3013' 07' WEST ALONG THE
EAST LINE OF SAID SECTION 3, A DISTANCE Or 571.15 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NORTH 88001'58* WEST 1267.29 FEET TO A POINT ON A CURVE ON THE EAST MARGT...3' OF SAID
P?_MARY STATE HIGHWAY NO. 14, WHOSE RADIUS POINT BEARS NORTH 67005'501m.EAST 5429.58 FEET;
THENCE SOUTHZASTERLY ALONG THE ARC OF SAID CURVE, AS DESCRIBED IN DEED OF AMITOR' S FILE
N7. 630830 A DISTANCE OF 877.88 FEET; T'rMTCE SOUTH 32110' EAST 145.72 FEET; THRICE
C7NTIN=G ALONG SAID HIGHWAY MARGIN A5 DESCRIBED IN DEED OF AUDITOR'S FILZ NO. 630835,
V')RTH 98005'10" WEST 120.73 FEET; THENCE SOUTH 32'10' EAST 792.11 FEET TO A POINT ON THE
EDVTH LINE OF SAID NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE
L-rAVING SAID HITHWAY MARGIN RUN SOUTH 87046'16* EAST 396.28 FEET TO THE SCQT'rM%ST CORNER
C F SAID NORTH R LF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; TrT, ENC E NORTH
2213107" EAST ALONG THE EAST LINE OF SAID SECTION 3 A DISTANCE OF 1541.53 FEET TO T:1- TRUE
3INZ' OF BEGINNING;
:XCEPT THE EAST 30.00 FEET THEREOF;
. KCSPT THAT PORTION CONVEYED TO THE CT_'s ' OF PORT ORCHARD FOR RIGHT OF WAY PURPOSES FOR
7TTERY AVENUE BY DEED RECORDED UNDER AUDITOR'S FILE NO. 947180;
;-CSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR SR-16 BY DEED RECORDED
:NDER AUDITOR'S FILE NO. 7806070121.
:ARCEL II:
THAT PORTION OF THE SOUTHEAST QUARTER OF 7.112 NORTz AST QUARTER AND OF THE NOR:': -.AST
QUARTER OF THE NORTHEAST QUARTER (GOV_RNrEENT LOT 1), SECTION 3, TOWNSHIP 23 NORTH, RANGE 1
FAST, W.M., IN TITSAP COUNTY, WASHINGTCN, DESCRIBED AS FOLLOWS:
rEGINNING AT A POINT OPPOSITE HIG'riWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS R'ES)
SB 460+75 ON THE SB LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO r1 EMONT
STREET, AND 200 FEET NORTHEASTERLY TF.=REFRCM; THENCE NORTHWESTERLY, ALONG THE RIGHT OF WAY
LINE OF SAID HIGHWAY, TO A POINT OPPOSITE HES SB 465+80 ON SAID SURVEY LINE AND 225 FEET
!1ORTHIEASTERLY THEREFROM; THENCE NOMI WWESTERLY, ALONG THE RIGHT OF WAY LINE OF SAID
TO.A POINT OPPOSITE HES SB 471+00 ON SAID SURVEY LIME AND 300 FEET NORT'FC--'%ST-RLY
-=:iER£FRCM, SAID POINT BEING AT THE IN'*ER.SZCTION OF SAID RIGHT OF WAY LINE WITH A LINE
-)RAWN PARALLEL.WITH AND 300 FEET NORT:iEASTERLY, WHEN MEASURED AT RIGHT ANGLES AND/OR
:ADLALLY, FROM THE SURVEY LINE OF STATE HIGHWAY ROUTE NO. 161 BETHEL TO SINCLAIR INLET,
%CCORDING TO THE PLAN THEREOF NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY OF
i`RANSPORTATION AT OLYMPIA, WASHINGTON, BEARING DATE OF APPROVAL MAY 24, 1955; THMICE
SOCirHEASTERLY, ALONG SAID PARALLEL LINE, TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID
SOQTHFAST QUARTER, OF THE NORTFf£AS-r QUARTER; THENCE WESTERLY, ALONG SAID --SOUTH LINE, TO
INTERSECT A LINE EXTENDING FROM A POINT OPPOSITE HES ND 466+00 ON THE NB LINE SURVEY OF
SAID STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET, AND 215.0A FEET
NORTHEASTERLY THEREFRCM SOUTHERLY TO THE POINT OF BEGINNING; THENCE SOUTHERLY TO THE POINT
DF BEGINNING.
GOT 2 q 1996