12/27/1993 - Regular - MinutesPort Orchard, Washington
December 27, 1993
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Leslie J. Weatherill at 7:30 PM. Councilmembers present: Clauson,
Childress, Morrison, Geiger, Powers, Van Zee and Grable. Staff present:
Police Sergeant Loflin, City Engineer Curles, City Planner Brown, City
Attorney McCluskey and City Clerk Parks.
Councilman John Clauson led the audience and Council in the Pledge of
Allegiance.
Mayor Weatherill called for audience comments for items not listed 'on this
Council agenda. No response received.
Councilman Grable presented motion to approve the following consent agenda
items. Motion was seconded by Councilman Clauson and approved with six ayes
and one nay. Councilman Van Zee voting no.
3a. Minutes of December 13, 1993 Council meeting.
3b. Payment vouchers as follows: Claims Warrant No. 19816 - 19883 in
the amount of $72,475.26.
3c. Ordinance No. 1597 amending PO Zoning Ordinance No. 1469 by
amending the area and use maps thereof, reclassifying certain
property which is located at 1561 Retsil Road from Residential Low
to Commercial General to facilitate conversion of a residence into
a beauty salon. Joni & David Randall, applicants.
3d. Ordinance No. 1598 amending the budget for the year 1993, ordering
appropriation of funds and authorizing budgetary transfer(s).
3e. Ordinance No. 1599 amending Ordinance No. 1564 by amending the
salary schedule for employees of the City of Port Orchard for the
year 1993. (Due to on going Teamster labor contract negiotations,
this ordinance reflects 1993 salary adjustments for IAAF union
members and elected officials only.
Councilman Morrison, Street/Alley Committee Chair, reported on Committee
review of an Application for Public Event submitted by the Port Orchard Bay
Street Merchants Association (Paula Pack & Robert Ojima) requesting
authorization to utilize City right of way on August 7, 1994 to facilitate the
Country Street Fair and Cruz' 94.
On motion by Councilman Morrison, seconded by Councilman Grable, Council
approved Port Orchard Bay Street Association Application for Public Event to
hold a combined Country Street Fair and Cruz' 94 event conditioned upon
applicants compliance with Public Safety Police & Fire concerns and Insurance
requirement.
At 7:35 PM Mayor Weatherill opened Public Hearing relevant to proposed
amendments to the City of Port Orchard Shoreline Management Plan.
Port Orchard City Council
December 27, 1993
Page 2 of 5
Councilman Don Morrison stepped down and removed himself from discussion and
action on the proposed amendments to the Shoreline Management Plan due to
conflict of interest.
At the request of Mayor Weatherill, City Engineer Curles gave staff report
reviewing Shoreline Management Plan background and documents submitted for
this hearing.
Specific Amendment proposals as provided in the staff study, are:
I. Page 40 Clarify the height restrictions when a structure is built in
Commercial Development, over the water.
The new reading in the matrix would be as follows: Building height may
exceed 15 feet with a conditional use permit, but may not under any
circumstances be greater than 25 feet as measured from the (Ordinary
High Water Bark) OHWM O 15 feet as measuredfrom the ier ar fleat
d
By eliminating the second reference point for a height measurement,
there will be less confusion in the design process. The result of this
change is that any over the water construction will require a surveyor
to establish the OHWM, which would then be used as an elevation
benchmark.
2. Page 54 Relax the restriction on building use for existing over -the -
water structures.
The current rule for commercial buildings over the water is that 75% of
the floor space must be designated for water -oriented uses.This
requirement does not differentiate between new or existing buildings.
The proposed amendment would maintain the 75% usage factor for any new
building which is allowed to be constructed over the water. However, it
would substantially change the requirements for an existing over -the -
water building that is being remodeled. To encourage remodeling and
upgrading existing buildings, the following change is recommended:
Existing buildings that are over the water may have non water -oriented
commercial uses that occupy up to 75% of the -interior building floor.
This policy would apply to the following buildings:
Former Callison's Building, which is being remodeled at this
time.
Annapolis New and Used, 1883 Bay Street.
Port Orchard City Council
December 27, 1993
Page 3 of 5
Port Orchard Marine Railways.
Possibly 6 homes which are over the water.
3. Page 36 Clarify the height requirement for boat houses.
The current rule for height restrictions refers to the matrix in the
SMP. In the existing matrix, boat houses are not listed. However, the
"Over the rater Structure" category limits the height to 10 feet.
Ten feet is an unrealistic height for a boat house and effectively
prohibits any new boat house construction. Currently boat houses are
being allowed to be constructed under the existing Shoreline Permit for
the Port Orchard Yacht Club and the ten foot rule is not being applied.
The purpose of this amendment is clarify the boat house requirements.
Boat houses are extremely beneficial to the care and maintenance of the
boats which are moored year round and are commonly used in the marinas
of the area.
4. Page 34 Eliminates the prohibition of utilities over Natural Areas.
The current rule establishes "Natural Areas" which are recognized to be
regulated more strictly areas such as urban downtown. The natural areas
include Blackjack Creek. The matrix prohibits primary utilities from
crossing the creek.
The proposed amendment would eliminate the prohibition and require a
conditional use permit.
Under the existing rules, the City will not be able to cross Blackjack
Creek with sewer or water. It should be noted that even Puget Power or
the other utilities will not be able to cross the creek. This is too
restrictive. Blackjack Creek bisects the City and it is essential that
water mains be allowed to cross it. Currently, there is a sewer main
planned for crossing Blackjack Creek which would allow the south
expansion of the sewer collection system. By using the conditional use
permit, the City will be able to adequately protect the Natural Area
without prohibiting utility improvements.
5. Paragraph 8.1 Revises the priority of the matrix.
The current rule, as listed in Paragraph 8.1, states that when there is
a conflict between the matrix and the text, the matrix will have
precedence.
Port Orchard City Council
December 27, 1993
Page 4 of 5
The proposed amendment will reverse the precedence and allow the text to
supersede the matrix. By doing so, the City will have more flexibility
in administering the SMP. This revision will increase the burden on the
City Council and Shoreline Administrator in that the text will need to
clearly state what is prohibited, if a definite prohibition is desired.
Don Morrison, 324 Farragut, clarified definition of "Boat houses" - structure
to house 1 or 2 boats and "Common Cover" which is a cover for many boats or
water craft.
Howard Minor, 1400 Bay Street, spoke in favor of 30' height for structures
over water to allow sufficient slope for snowfall runoff.
Engineer Curles shared letter from Linda J. Whitcher from the Department of
Ecology's Shorelands and Coastal Zone Management Program. Councilmembers
reviewed and discussed DOE comments on proposed amendments.
Mayor Weatherili called for additional input. As no response was received,
Mayor Weatherill closed public hearing and referred proposed amendments to the
Shoreline Management Plan to the City Council for consideration.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council
approved and adopted three of the five proposed amendments as follows:
(#1) Page 40 Clarify the height restrictions When a structure is built in
Commercial Development, over the water.
The new reading in the matrix would be as follows: Building height may
exceed 15 feet with a conditional use permit, but may not under any
circumstances be greater than 25 feet as measured from the OHWM
(Ordinary High Water Mark)
(#3) Page 36 Clarify the height requirement for boat houses.
The current rule for height restrictions refers to the matrix in the
SMP. Add Boat Houses to the matrix with height restriction of 30 feet
(#4) Page 34 Eliminates the prohibition of utilities over Natural Areas.
The current rule establishes "Natural Areas" which are recognized to be
regulated more strictly areas such as urban downtown. The natural areas
include Blackjack Creek. The matrix is amended to allow primary
utilities in natural areas with a conditional use permit
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
approved Wastewater Treatment Facility's acceptance of leachate from Mason
County.
Port Orchard City Council
December 27, 1993
Page 5 of 5
Councilman Morrison moved to deny request submitted by Loren Black which
sought permission to build a retaining wall on City right-of-way in the 1800
block of Lawrence Street adjacent to his property. Motion seconded by
Councilmembers Geiger and Powers was approved by unanimous vote.
City Planner Brown thanked Kitsap Transit for providing bus -transportation
which facilitated the tour of the City by the Planning Commission.
Meeting adjourned at 8:22 P.M.
_
CITY CLERK�/�GLc_ _�- �! `" �--- MAYOR WEATHERILL