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08/24/1992 - Regular - MinutesPort Orchard, Washington August 24, 1992 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 and Grable. Staff present: City Attorney McCluskey, Deputy Clerk Hager, Police Chief Mathews, City Engineer Curles, Fire Chief Snow. Councilman Smith excused. Fire Chief Snow led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grable, seconded by Councilman Geiger, Council approved the minutes of the August 10, 1992 regular meeting as distributed. Elaine Perkerewicz, V.W.F. Auxiliary #2669, presented a U.S. Flag to the City in replacement of the worn and tattered flag on the island adjacent to the Police Station. Jim Wiley, representing David Evans and Associates spoke on the improvements to the Port Orchard ByPass and Tremont Avenue. Mr. Wiley availed himself to answer questions from the Council. Ed McHugh, architect representing Mr. Kim, requested an extension of the zoning deadline for the proposed motel at 1121 Bay Street. Mr. McHugh outlined the time frame involved for the motel project. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized an 18 month extension on the zoning from Residential to Commercial General for property located at 1121 Bay Street for the construction of a motel. At 7:45 PM Mayor Weatherill opened the 7:45 PM Public Hearing regarding an application for comprehensive plan amendment, multiple land use reclassification as submitted by Chuck Childress, for property located in the vicinity of Lippert Street and SR16. LEGAL DESCRIPTION: Attachment "A" Councilman Childress stepped down from Council table, due to a conflict of interest. City Engineer Curles, brought Council up -to --date on the comprehensive plan designation on the proposed property located in the vicinity of Lippert and SR16. Mark Kuhlman, PE, Pac-Tech Engineering, Inc., answered questions from the Council concerning the existing and proposed comprehensive plan designation. August 24, 1992 Page Two of Five Mayor Weatherill called for further input either for or against the proposed reclassification in the comprehensive land use plan for property located in the vicinity of Lippert and SR16. As no response was received, Mayor Weatherill closed the public hearing and referred the matter to the Council for their consideration. On motion by Councilman Geiger, seconded by Councilwoman Powers, Council adopted Planning Commission Resolution No. 186-92 as their own and approved the reclassification in the comprehensive land use plan from Residential Low to Residential High for property located in the vicinity of Lippert and SR16. Mayor Weatherill opened the 8:00 PM Public Hearing regarding an application for a subdivision of 17 acres of property as submitted by Chuck Childress for property located in the vicinity of Lippert Street and SR16. LEGAL DESCRIPTION: Attachment "A". Councilman Childress stepped down from the Council table, due to a conflict of interest. City Engineer updated the many issues facing this project, and explained the purpose of this subdivision is primarily for single family residences, and first time horse buyers. At this time, Councilwoman Powers, seconded by Councilman Clauson, moved to continue the 8:00 PM public hearing regarding a subdivision of 17 acres of property located in the vicinity of Lippert Street and SR 16, until a decision is made concerning the rezoning of the property. On motion by Councilman Geiger, seconded by Councilman Clauson, Council reopened the 7:45 PM Public Hearing concerning a comprehensive plan amendment, multiple land use reclassification as requested by Chuck Childress for property located in the Lippert Street and SR 16 area. City Engineer Curles discussed the existing and proposed zoning classifications and the Planning Commission recommendations. Mark Kuhlman, PE, Pac-Tech Engineering, Inc., outlined the existing zoning of the proposed project. Mayor Weatherill called for further input either for or against the proposed multiple land use reclassification as submitted by Chuck Childress, for property located in the vicinity of Lippert and SR16. As no response was received Mayor Weatherill closed the 7:45 PM public hearing input portion of this meeting, and referred matter to Council for their consideration. August 24, 1992 Page Three of Five On motion by Councilman Geiger, seconded by Councilwoman Powers, Council adopted Planning Commission Resolution No. 187-92 as their own and approved the land use reclassification from Residential Low and Green Belt to Residential High for property located in the vicinity of Lippert Avenue and SR16. At this time, Mayor Weatherill reopened continued 8:00 PM Public Hearing regarding an application for subdivision of 17 acres of property as submitted by Chuck Childress for property located in the vicinity of Lippert Street and SR16. City Engineer outlined the conditions recommended by the Planning Commission concerning the subdivision of 17 acres of property located in the vicinity of Lippert Street and SR16. Mark Kuhlman, representing Chuck Childress, spoke on the proposed road configuration in the development and reiterated some of the findings and facts as recommended by the Planning Commission. Chuck Childress, proponent, spoke concerning the deeding of private roads to the City and advised Council he is in the process of contacting property owners. Doug Eide, 2475 Bethel Road, spoke in favor of the city enhancing affordable housing and the education of property owners concerning the wetland issues. Mayor Weatherill called for further input either for or against the proposed subdivision of 17 acres of property located in the vicinity of Lippert Street and SR 16 as submitted by Chuck Childress. As no response was received, Mayor Weatherill closed the Public Hearing and referred matter to Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Clauson, Council adopted Planning Commission Resolution No. 188-92 as their own with the following conditions: 1) A scaled grading plan shall be submitted identifying existing and future grades. 2) A hydraulics report shall be prepared, identifying off site drainage impacts and proposed mitigation measures. 3) A plan describing temporary stormwater controls shall be submitted and approved prior to any grading. 4) The wetland shall be delineated and flagged. Additional flagging shall be placed 50 feet from the wetland edge. 5) No grading shall occur within 50 feet of the wetland. 6) The final plat map shall identify a 50 foot nonclearing tract around the wetland. 7) One street tree, as determined by the planning department, shall be installed within the front yard of each lot. 8) A common play/picnic area shall be provided. Amenities such as a big toy, bar--b--cue shelter, etc., shall be clearly August 24, 1992 Page Four of Five identified. 9) A landscape plan shall be submitted for the common area. 10) In addition to the 50 foot wetland buffers, there will be a 25 foot No - Build area around the buffer to prohibit clearing and impervious surfaces; 15' buffer on the west side of lots 33 thru 37; 10' buffer around the west side of lots 40 thru 43 and a 10' buffer on the east side of lots 1-11, as identified on the Preliminary Plat plan. 11) Property owners of lots abutting the wetlands will be provided educational information on wetlands. 12) The buffer and No - Build areas will be established with common ownership within the subdivision. 13) Before lots 13 to 24, inclusive, can be developed, the wetlands buffer and No --Build area will be delineated with a color fabric fence barrier during construction. 14) The water main system shall be a minimum of 8 inch Class 52 Ductile Iron main and all appurtenances shall comply with the City standards. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of the payment of connection fees. The $50 inspection fee for each meter assembly will be paid by the homeowner with the other connection fees. 15) Hydrants need to be located and approved by the Fire Department. 16) All water mains in the right-of- way, to include the entrance road, will be deeded to the city. 17) The water main system shall have a main installed to allow a loop with the property to the north. This details shall be approved by the City Engineer. 18) The sewer pump station shall serve the subdivision. The station shall be approved by the City Engineer and shall be equipped with a properly sized emergency generator. 19) Each lot shall have the service line and property line clean - out installed. The $50 inspection fee for each lot will be paid by the homeowner with the other connection fees. 20) All sewer mains in the right of way, to include the entrance road, will be deeded to the City. 21) The proposed road system does not comply with the City standards. The Street Committee of the City Council has reviewed and agreed upon the concept of one way street and streets with less right of way. Council approval of the Preliminary Plat should not be made until the new road standards have been adopted by the City Council. 22) Street illumination shall be located at the following vicinities: a) southwest corner of Lot 1 b) Northwest corner of Lot 23 c).Northeast corner of Lot 38. 23) All roads, to include the entrance road, should be deeded to the City as a public road and conform to City standards for both road and sidewalks. 24) The project will construct a City standard sidewalk and curb on the entrance road which extends to Pottery Avenue. 25) Stormwater detention shall conform to the requirements currently be used by the Department of Fisheries for detention volumes and best management practices. 26) Sediment control and best management practices will be used during the site construction, as directed by the City Engineer. 27) Excavated sloped areas will be hydroseeded prior to October 31 for areas which have been cleared of vegetation and on which construction has not commenced. August 24, 1992 Page Five of Five 28) All lots will be surveyed and recorded. 29) The intersection of Pottery Avenue and Lippert Street will be monumented and that monument will be recorded in Kitsap County. 30) Provisions for emergency vehicle turnaround shall be provided for on dead end roads, wide areas, personal driveways with wide approaches and/or cul-de-sac. Mayor Weatherill called for a 10 minutes recess with meeting to reconvene at 10:10 PM. Ann Bringloe, representing Kitsap County, discussed the proposed Comprehensive Solid Waste Management Plan Amendments and also reviewed the curbside recycling in Port Orchard. On motion by Councilman Geiger, seconded by Councilman Clauson, Council placed into the water/sewer committee review of the proposed Comprehensive Solid Waste Management Plan Amendments. Maggie Gold, Olympic Cablevision, availed herself to answer questions concerning the transfer of Olympic Cablevision to Falcon Video Communications L.P. On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Resolution No. 1614 approving the transfer and assignment of a cable television franchise from Olympic Cablevision Limited Partnership to Falcon Video Communications, L.P. and also authorized the Mayor to sign Assignment of Franchise and further authorized the installation of a video cable between Kitsap County Courthouse and the Municipal Court buildings. On motion by Councilman Geiger, seconded by Councilman Clauson, Council unanimously approved payment of vouchers as follows: Claims Warrant No. 17380-17505 in the amount of $88,801.13. On motion by Councilman Clauson, seconded by Councilman Grable, Council accepted the bidding proposals for the extension of the sewer main to 200 Tremont Street and awarded the contract to Lyrch and Associates in the amount of $3,800.00. Meeting adjourned at 11:23 PM. DEPUTVCLERK MAYOR ATTACHMENT "A" CHUCK CHILDRESS LEGAL DESCRIPTION That part of the North 18 Acres Northeast quarter of Section 3, quarter of the Northeast quarter Route 16, in Township 23 North, County, Washington, described as August 24, 1992 City Council Meeting of the Northeast quarter of the and that part of the Northwest of Section 3 lying East of State Range 1 East, W.M., in Kitsap follows. Beginning at the Northeast corner of said Section 3; thence along the East line of said Section 3, S 3013'07" W 571.15 ft.; thence N 88°01'58" W 30.01 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin N 3°13'07" E 40.01 ft.; thence N 88101' 58" W 335.10 ft. to Point "A"; thence N 3013' 07" E 50 . 00 ft . ; thence N 88001' 58" W 49. 99 ft . ; thence N 3°13' 07" E 120.00 ft.; thence N 18045' 25" W 53.45 ft.; thence N 3013'07" E 309.16 ft. to a point on the North line of said Section 3; thence along said North line N 88017'37" W 470.08 ft. to the TRUE POINT OF BEGINNING; thence S 0000'00" W 567.23 ft.; thence N 88001'58" W 394.01 ft., more or less, to a point on curve having radius of 5429.58 ft. on the Easterly right-of-way margin of State Route 16 from which point the radius point of said curve bears N 67005' 50" E; thence along said margin clockwise (northwesterly) along said curve an arc distance of 236.33 ft. through a central angle of 2°29'38"; thence continuing along said margin S 69°35' 28" W 100.00 ft. to a point on a curve having a radius of 5529.58 ft. from which point the radius point of said curve bears N 69035'28" E; thence continuing along said margin clockwise (northwesterly) along said curve an arc distance of 410.73 ft. through a central angle of 4015'21" to a point on the North line of said Section 3; thence along said North line S 88°17'37" E 296.65 ft. to the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 3; thence continuing S 88017'37" E 407.18 ft. to the true point of beginning. TOGETHERWITH an easement for ingress, egress and the installation and maintenance of utility lines over, under and across the following described parcel of land: Beginning at Point "A" hereinabove defined; thence S 88001'58" E 335.10 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin S 3013' 07" W 40 .01 ft.; thence N 88001' 58" W 843.27 ft.; thence N 0000' 00" E 65.04 ft . ; thence S 88'01' 58", E 100.00 ft.; thence S 67006 ` 31" E 70.00 ft. thence S 88001' 58" E 345.89 ft. to point "A". August 24, 1992 Page Two The above described tract comprises an area of 7.42 Acres. Together with, approximately the West 1\2 of the following described parcel. Lots B, C and D of Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; ALSO That portion of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 1 East, W.M., described as follows: Beginning at a point 30 feet West and North 0023' East 331 feet from the Southeast corner of said Section; thence North 8930' West 1290 feet; thence North 0023' East 331 feet; thence South 8900' East 1290 feet; thence South 0023' East 331 feet to Point of Beginning; EXCEPT the West 2 acres thereof; AND EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; ALSO That portion of the Southeast quarter of the Southeast quarter, Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at a point which is 30 feet West from the Southeast corner of said Section 34; thence North 89000' West 1290.0 feet; thence North 0023' East 331.0 feet; thence South 89000' East 1290.00 feet; thence South 0023' West 331.0 feet to the Point of Beginning; EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; Situate in Kitsap County, Washington.