12/23/1991 - Regular - MinutesPort Orchard, Washington
December 23, 1991
Council of the City of Port Orchard, Washington called to regular
session by Mayor Leslie J. Weatherill at 7:30 PM. Council
members present: Clauson, Childress, Morrison, Geiger, Powers,
and Grable. Staff present: City Attorney McCluskey, Deputy
Clerk Thomas, Police Sergeant Loflin, City Engineer Curles, City
Planner Davis, Fire Chief Snow and City Clerk Hower. Councilman
Smith excused.
Councilman Morrison led the audience and Council in the Pledge of
Allegiance.
On motion by Councilman Grable, seconded by Councilman Morrison,
Council approved the minutes of the December 9, 1991 regular
meeting as distributed.
Fire Chief Snow updated Council on the terms of the proposed
contract with Kitsap County Fire District No. 7 regarding fire
suppression for the Vine Street Corporation Annexation area.
On motion by Councilwoman Powers, seconded by Councilman
Morrison, Council authorized the Mayor to sign contract with
Kitsap County Fire District No. 7 regarding fire suppression for
the Vine Street Corporation Annexation area, subject to revision
and approval of wording by the City Attorney of the
Indemnification Clause.
On motion by Councilwoman Powers, seconded by Councilman
Morrison, Council authorized the Mayor to sign Mutual Aid
Agreement for Fire and Medical Response with Fire District No. 7.
At 7:45 PM Mayor Weatherill opened Public Hearing regarding an
application for a Zone Reclassification from Residential Low to
Residential High as submitted by Tyee Sinclair Partnerships
located at the northwest intersection of Pottery Avenue and
Melcher Street. LEGAL DESCRIPTION: The south half of the
Southeast quarter of the northwest quarter of Section 34,
Township 24, North, Range 1 East, W.M., Kitsap County,
Washington, Except the south 30 feet thereof conveyed to Kitsap
County by deed recorded under Auditor File No. 924259.
City Planner Davis briefed Council on location of subject
property and outlined the Planning Commission's recommendation to
approve the Zone Reclassification from Residential Low to
Residential High as submitted by Tyee Sinclair Partnership.
Tony Garrity, Chairman, Tyee Corporation gave a very
comprehensive outline of the proposed development.
December 23,1991
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Mayor Weatherill called for additional input either for or
against the proposed rezone. As no response was received Mayor
Weatherill closed the Public Hearing and referred matter to
Council for consideration.
On motion by Councilman Morrison, seconded by Councilman Clauson,
Council adopted Planning Commission Resolution No. 175-91 setting
forth findings of fact, conclusion and conditions as their own
and approved the zone reclassification from Residential Low to
Residential High for property located at the northwest
intersection of Pottery Avenue and Melcher Street, with the
following 28 conditions: 1) A ten foot (10') "Native Growth
Protection Easement" shall be established along the rear lot
lines of adjacent properties. This area shall be supplemented
with natural vegetation to include native trees and shrubs.
2) A landscape plan shall be submitted identifying size, type of
materials, and location within wetland enhancement areas. All
landscape areas around the site entrance, if any, shall be
maintained by an automatic sprinkler system. One street tree
shall be planted adjacent to the street right-of-way on each lot
of record (canopy type). 3) Common area landscaping found dead
or diseased within one year after planting shall be replaced at
the developers expense. 4) Approved fencing shall be installed
around the perimeter of any detention pond or wetland with an
average slope of 3:1 or more. Split rail fencing shall be used
next to wetlands that are adjacent to trail easements or open -
space frequented by the public. S) The grassy play area next
to Wetland "D" shall be planted and maintained with native plant
species. 6) Identify mitigation measures within wetland "D".
7) Prior to issuance of any permits for site work, an erosion
and sediment control plan shall be submitted to the City Engineer
for approval. In addition, a stormwater management plan shall be
submitted to verify the adequacy of existing stormwater
facilities. Hay bales and filter fabric shall be used throughout
all phases of construction. 8) All homeowners shall receive
educational material regarding the importance of wetlands and
spawning streams, their various functions and continued
maintenance. 9) No clearing and grading shall be initiated
until an erosion and sediment control and vegetation plan has
been submitted to the Engineering and Planning Department.
Landscaping plans shall identify the limits of areas to be graded
or cleared. No grading or clearing is allowed within 25 feet of
all wetlands. 10) one sign may be located at the main entrance
and shall not exceed 32 square feet in size. Such sign shall be
indirectly lighted and consist of natural materials. 11) No
portion of any building (including accessory structures) shall be
closer than 50 feet from any identified wetland. 12) Mature
trees to remain after grading shall be clearly marked on the
final plat map. 13) Native growth protection easements shall be
clearly marked in BOLD letters on the final plat map. 14) All
designated common open -space including cul-de-sac landscape
December 23, 1991
Page Three of Five
islands shall be identified as tracts. 15) CC&R's shall be
rewritten to address previously mentioned concerns. 16) Lot
fifteen shall be increased in size to a minimum of 5000 square
feet. 17) No grading or land clearing shall occur within an
average of 700 feet of identified Heron nesting sites until they
are reexamined by a certified wildlife biologist in Spring of
1992. If Heron nests are reoccupied, a minimum nonclearing buffer
averaging no less than 300 feet shall be maintained around such
reoccupied nests. 18) Street lighting shall be Puget Power
approved fixtures with high pressure sodium luminaries. Street
lights shall be placed at intersections and cul-de-sacs as
approved by the City Engineer. It is noted that the street lights
in the City shall become an operational expense of the City.
19) Concrete sidewalks shall be a minimum of five feet wide and
shall extend throughout the development on at least one side of
the road. 20) All streets shall meet City standards for an
access road. 21) The developer shall provide the necessary
street signs as required by the City Engineer. 22) The
developer shall improve the intersection of Sherman Avenue and
Melcher Street by excavating Melcher Street to improve sight
distance. 23) No road grade shall exceed twelve percent (12%)
without expressed approval from the City Engineer. 24) The
developer shall install the water system according to City
standards. Placement and selection of fire hydrants shall be
approved by the Port Orchard Fire Chief. 25) The water system
shall be deeded to the City. All utility easements shall be a
minimum width of 20 feet. 26) The developer shall install the
sewer system according to City standards. 27) The sewer system
shall be deeded to the City. All utility easements required for
the sewer shall be a minimum width of 20 feet. 28) The
developer shall install the stormwater system according to Kitsap
County standards.
Mayor Weatherill called for a 10 minute recess with meeting to
reconvene at 9:10 PM.
Mayor Weatherill opened Public Hearing Scheduled for 8:00 PM
regarding a request to subdivide 7.8 acres into 20 lots, as
submitted by Tyee Sinclair Partnerships to construct single
family homes.
City Planner advised Council and audience the 28 conditi.ons which
apply to the Tyee Sinclair Partnership Rezone also apply to the
request to subdivide 7.8 acres into lots.
Mayor Weatherill called for additional public input either for or
against the proposed subdivision of 7.8 acres into 20 lots. As
no response was received Mayor Weatherill closed the Public
Hearing and referred the matter to Council for consideration.
December 23, 1991
Page Four of Five
On motion by Councilwoman Powers, seconded by Councilman Clauson,
Council approved the request by Tyee Sinclair Partnership to
subdivide 7.8 acres into 20 lots to construct single family homes
and to include the same 28 conditions which apply to the Tyee
Sinclair Partnership Rezone.
Doug Eide, 2475 Bethel Road, read his letter into record, which
strongly opposes "any current land use changes or designations
for the Tremont Corridor". Mr. Eide urged the city to move slow
with any future development on Tremont.
On motion by Councilman Clauson, seconded by Councilman Morrison,
Council approved Ordinance No. 1535 amending Ordinance No. 1135
establishing the allowance for mileage for the employees of the
City of Port Orchard.
On motion by Councilman Geiger, seconded by Councilman Grable,
Council approved Ordinance No. 1536 amending the budget for the
year 1991, ordering appropriation of funds and authorizing a
budgetary transfer.
On motion by Councilman Clauson, seconded by Councilwoman Powers,
Council authorized the Mayor to sign the Kitsap County/City of
Port Orchard Addendum to Contract for Incarceration of City
Prisoners for the year 1992.
Councilman Geiger moved to reconsider Resolution No. 1591
authorizing development of a specific plan, establishing design
and development guidelines for commercial and multi -family
development along Tremont Street, seconded by Councilwoman
Powers. Motion failed with 2 ayes and 5 nays. Councilmen
Grable, Morrison, Childress and Clauson voted nay.
On motion by Councilman Geiger, seconded by Councilman Grable,
Council unanimously approved payment of vouchers as follows:
Claims Warrant No. 16135-16207 in the amount of $90,975.09 and
the December 1991 Payroll Warrant No. 114664-114827 in the amount
of $151,343.91.
On motion by Councilman Morrison, seconded by Councilman Grable,
Council authorized the City Engineer to remove the tree stumps in
the vicinity of 104 Tremont Street right-of-way.
On motion by Councilman Morrison, seconded by Councilman Grable,
Council authorized the City Engineer to eliminate one parking
space at the corner of Mitchell Avenue and DeKalb Street to allow
a transit bus stop. Motion passed with 5 ayes, Councilman
Clauson refrained from voting due to a conflict of interest.
on motion by Councilman Grable, seconded
Council authorized the City Engineer to
Mitchak at 1803 Bay Street of the April
appropriate work which needs to be done
right-of-way.
Meeting adjourned at 9:50 PM.
DEPUTY CLERIC
December 23, 1991
Page Five of Five
by Councilman Morrison,
notify Mr. and Mrs.
1, 1992 deadline for the
on the fence in City
MAYOR