09/12/1994 - Regular - MinutesPort Orchard, Washington
September 12, 1994
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, Childress, Geiger, Powers, Van Zee and
Grable. Councilman Morrison excused. Staff present: Police Chief Mathews,
City Engineer Curles, Deputy Fire Chief Wernet, Deputy Clerk Hager, City Clerk
Parks, and City Attorney McCloskey.
Councilman Childress led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this
agenda. Jeff Peacock, Parametrix, discussed the results of the recent Sidney
Landing Project survey and requested a final decision from the City Council on
plan A or B at the October 10, 1994 Council meeting.
On motion by, Councilman Grable, seconded by Councilman Van Zee, Council
approved Consent Agenda with item 3c. removed (proposed 1995 Humane Society
Animal Control Agreement) and referred to Finance Committee for further
review.
(A) Minutes of the following Council meetings:
(1) August 22, 1994 City Council Meeting
(2) August 17, 1994 Draft Comprehensive Plan Meeting
(B) Payment vouchers as follows: Claims Warrant No. 21139-21231 in
the amount of $106,806.81 and August Payroll Warrant No. 120452-
120644 in the amount of $178,227.91.
Delores Chandler, chairperson, Farmers Market, requested the Mosquito Fleet
Days Application for public event to designate the Chamber of Commerce and
Farmers Market as co -applicants.
On motion by Councilman Clauson, seconded by Councilman Grable, Council
amended the Public Event Application submitted by the Port Orchard Chamber of
Commerce to include the Farmers Market as co-sponsor for the Port Orchard
Mosquito Fleet Days on September 18, 1994.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding a Shorelines
Conditional Use Permit to allow construction of four single family residences
(Shipwatch Shores) located at 275 Wilkins Drive (200 block of Bay Street).
LEGAL DESCRIPTION: That portion of the West 525 feet of Government Lot 1,
Section 26, Township 24 North, Range 1 East, Willamette Meridian, lying North
of the southerly margin of State Highway No. 14; Together with tidelands as
conveyed by the State of Washington, situate in front of, adjacent to and
September 12, 1994
Page 2 of 6
abutting thereon; together with Cots 1 through 11, inclusive, Block 1, Sidney
Tidelands situate in front of, adjacent to or abutting thereon; situate in
Kitsap County, Washington.
City Engineer Curles discussed the procedures necessary for the Shorelines
Conditional Use Permit and reviewed the Shipwatch Shores project.
John Chadwell, ESM, Inc., representing Dr. and Mrs. E.J. Bourdeau, discussed
various aspects of this project and availed himself to answer questions from
the Council.
Mary Monroe, 1201 Dogwood Hill Road, asked for clarification of ingress and
egress onto State Highway 166 (Bay Street W). Mr. Chadwell advised ingress
and egress would be onto State Highway 166 (Bay Street W) as approved by the
Department of Highway.
Franki Campbell, Dogwood Hill Road, voiced concern with increase speed and
traffic on State Highway 166 (Bay Street W).
Ray Monroe, Dogwood Hill Road, questioned height restrictions. City Engineer
Curles advised this project is within the rural designation with a height
restriction of 25'.
Dr. Bourdeau, applicant, also commented on the height restriction, stating the
new structures would not be any higher than existing structures.
Franki Campbell, Dogwood Hill Road, expressed concern with setting a
precedence of future development along Bay Street waterfront and a decrease in
green space.
Ray Monroe, Dogwood Hill Road, reiterated his concern with speed limits on
State Highway 166 (Bay Street W).
City Engineer stated that when annexations have taken place in this area, the
city has reduced the speed zone to 35 MPH.
Mayor Weatherill called for additional input either for or against the
proposed application for a Shorelines Conditional Use Permit for Shipwatch
Shores. As no further response was received, Mayor Weatherill closed the
public input portion of the public hearing and referred natter to Council for
their consideration.
Councilman Van Zee moved to approve issuance of the Shorelines Conditional Use
Permit for Shipwatch Shores located at 275 Wilkins Drive (200 block of Bay
Street), as submitted by Dr. and Mr. E.J. Bourdeau, short platting a
waterfront parcel into four parcels to allow four single family homes,
September 12, 1994
Page 3 of 6
construction of a community dock and the repair of the riprap, with the
following five conditions:
1. No building permit, excavation permit or other City approval will be
issued for any portion of Shipwatch Shores until the Department of
Fisheries approves or waives the requirement for a Hydraulic Application
Permit.
2. Shipwatch Shores is site plan specific and all construction must be
consistent with the drawings submitted to the City Council.
3. All ingress and egress onto State Road 166 shall be approved by the
Washington Department of Transportation.
4. The homes shall be connected to City water and sewer. The utility
extension shall be approved by the City. All construction and expense is
the responsibility of the property owner.
5. Building permit applications shall contain erosion control plans,
stormwater designs and landscape plans. No permit shall be issued until
these issues are shown to be consistent with the Shorelines Management
Program,
seconded by Councilman Clauson and carried with 5 ayes and 1 nay. Councilman
Geiger voting nay.
At 8:15 PM Mayor Weatherill opened the 7:40 PM and 7:45 PM Public Hearings
regarding a Zone Reclassification Application to reclassify 1.33 acres from
Residential Low to Residential High and a Preliminary Plat Application to
subdivide approximately 1.33 acres into 7 lots to construct seven single
family residences, as submitted by Charles Bowman. Subject property is
located at 106 Poplar Street about 1200 feet west of Sidney Avenue at the end
of Poplar Street. LEGAL DESCRIPTION: That part of the southwest quarter of
the southwest quarter of Section 35, Township 24 North, Range 1 East, W.M.,
described as follows: Beginning at a point 1023 feet north and 1320 feet east
of the southwest corner of said Section 35; thence north 70 feet more or less,
to a point in the center of county road; thence west parallel to the south
boundary of said Section 35, 208.71 feet; thence south 70 feet, more or less,
to the northwest corner of the property conveyed to Lewis E. Forsythe and wife
by Deed recorded in Volume 165 of Deeds on page 570, as Auditor's File No.
177194, records of said county; thence south 208.71 feet; thence east 208.71
feet; thence north 208.71 feet to the point of beginning. Situated in Kitsap
County, Washington.
City Engineer Curles discussed the Planning Commissions recommended conditions
of approval for the proposed rezone reclassification and Preliminary Plat.
September 12, 1994
Page 4 of 6
Alan Todd, of Map LTD Engineers, representing Charles Bowman, applicant,
discussed the proposed conditions of approval and stated they are willing to
meet all requirements.
Howard Minor, 1400 Bay Street, stressed the need for affordable single family
homes in Port Orchard.
Mayor Weatherill called for further public input regarding a Zone
Reclassification Application to reclassify 1.33 acres from Residential Low to
Residential High and a Preliminary Plat Application to subdivide approximately
1.33 acres into 7 lots to construct four single family residences. As no
further input was received, Mayor Weatherill closed the Public input portion
of the Public Hearing and referred matter to Council for consideration.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council
adopted Planning Commission Resolution No. 220-94 as their own and approved
the Preliminary Plat Subdivision of 1.33 acres of property located about 1200
feet west of Sidney Avenue at the end of Poplar Street, as submitted by
Charles Bowman to allow the subdivision of 7 lots to construct single family
residences with the following conditions:
1. A scaled grading plan shall be submitted identifying existing and future
grades.
2. A minimum of one street tree with a minimum caliper of 2.5 inches shall
be installed within the front yard of each lot.
3. The lots will be restricted to single family residences.
4. The 4 inch water main is adequate only if the Fire Chief does not
require a fire hydrant inside the subdivision.
5. The water main needs a "Blowoff Assembly" as part of the
project. town +� { h ew censtruetion
aAd peP4
mild hn n r ni r.r c manhole, i n hl.�
wetlands; -
the assembly vm-sr-cc�-rec�T� �rrr�-r�-�ei� , "' S-S�-crr�
4ses. !he assembly does haye to be plaeed
in--sueh a .ay as te--da-reef the water- into the s-tarm system. if not, we
.i lnnd Ord.- du annual main ma_i_n
�--�ie��Cc,�-a-�-�-au�3-#�-�urrrrtscc,-w��£'�—,msrT�--n,�rn-teEe:
6. The sanitary sewer main should be less deep if possible. A ten foot cut
will have more impact in the wetlands than a 4 foot cut.
7. it would reduee the 4mpaGt to the wetlands 4 the san4tary sewer were
-installed -—irrthk the ne*t -6--Weeks . OthePW4 5e, the may + c moo be
done 4n he winter.
September 12, 1994
Page 5 of b
8. The trench in the wetlands has to be hydroseeded to prevent
sedimentation in the area.
9. The project construction needs to follow best management practices as
proposed by the Department of Ecology to include the use of filter
fabric fencing, gravel pads at road entrances and hydroseeding.
10. All roads should be deeded to the City as public roads and conform to
City standards for both roads and sidewalks.
11. 1--the c4dewal k on Paplar does n9t—extend to the new sidewalk, $he
level a er wi 11 be re ui red to connect 1a':=< ":`<'>d' Rl':k= e':°:::`::
p q ..:
12. No street light is anticipated
13. In addition to the individual street tree requirements, it would be
preferable to plant additional trees at the curve of the new road or
other landscaping similar to the entrance of Windfall Place.
14. A 25 foot enhanced buffer and a 15 foot no -build zone shall be created
between the wetland and the subdivision. A landscape plan with
appropriate native wetland vegetation shall be submitted and implemented
as part of the Building Permit process.
15. This —project is too smal l—to -require on siteel playground equipment.
16.
Modify access to lot #5 to provide better access to the road.
17. All lots will be surveyed and recorded.
18. Each lot should have survey markers installed.
20. The Fire DistriGt whiGh seryir=es this area will be the C#y
°494 0rehard, not KG`Q #7 as indTc-ated.
2. Fie flow will need to be—reyi ewed enGe—}crhe sirz�'-�nr�
G9A6trUGtiGA of the new houses are identified. if a fire hydFant 4s
needed the m i n Ee will need to be upgraded aceordinnl .r__
September 12, 1994
Page 6 of 6
On motion by Councilman Clauson, seconded by Councilman Grable, Council
adopted Planning Commission Resolution No. 219-94 as their own and approved
the land use zone reclassification from Residential Low to Residential High
for property located at 106 Poplar Street, as requested by Charles Bowman to
allow for 7 single family residents.
Mayor Weatherill called for a 5 minute recess with meeting to reconvene at
9:35 PM.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council
approved Ordinance No. 1607 relating to the keeping and control of dogs and
other animals; licensing of dogs; providing optional cat licenses for
neutered/spayed cats; declaring certain practices of certain animals to be
public nuisances; defining offenses; establishing penalties; requiring removal
and disposal of animal waste; prohibiting horses on sidewalks; defining
dangerous animals and providing process for restraint, registration appeal
process and penalty for failure to control; and repealing Ordinance Nos. 1386;
1375; 1342; 1322; 1160; 1133; 1062; 1059; 1011; 959; 907; 757; 693; 683; 682;
17 Div 2 Sec. 3.
On motion by Councilwoman Powers, seconded by Councilman Grable, Council
excused Councilman Clauson from the September 26, 1994 Council meeting.
On motion by Councilman Geiger, seconded by Clauson, Council authorized the
Mayor to sign Change Order #1-A for the Pottery/Sidney Sewer main at a cost of
$2,270.00.
On motion by Councilman Geiger, seconded by Councilmen Clauson and Grable,
Council authorized the Mayor to sign Change Order #3 in the amount of
$4,158.28 for the Port Orchard Bypass Project.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council
authorized the City Engineer to negotiate a sale of approximately 10' to 12'
wide easement on the southeast side the Sidney/Kendall street property.
Meeting adjourned at 11:10 PM.
ATRICIA PARKS, CITY CLERK
LESLIE'J. WEATHERILL, MAYOR