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02/13/1989 - Regular - MinutesPort Orchard, Washington February 13, 1989 Council of the City of Port Orchard, Washington was called to regular session by Mayor Weatherill. Councilmembers present: Clauson, Childress, Wilson, Geiger, Powers, Smith and Grable. Staff present: City Attorney Haberly, Deputy Clerk Thomas, City Treasurer Miller, Police Chief Mathews, Planning Technician Smith, Fire Chief Snow and City Clerk Hower. Councilman Childress led the audience and Council in the Pledge of Allegiance. On motion by Councilman Geiger, seconded by Councilman Grable, Council approved the minutes of the January 23, 1989 meeting as circulated. Nancy McKay and Louise Forrest outlined 1989 Puget Sound Water Quality Management Plan. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM. This is the second and final Public Hearing to review, seek comments and evaluate establishing a Comprehensive Plan Map Designation of Residential Low for property located east of West Street (2200-2400 blocks) and west to Blackjack Creek. Commonly known as Price/Minor Annexation. The City Council requires the simultaneous adoption of a Comprehensive Plan Designation as a condition of acceptance of an annexation petition. Mayor Weatherill called for public input in favor of or against the City establishing a Comprehensive Plan Map designation of Residential Low for property within the Price/Minor Annexation. As no response was received, Mayor Weatherill declared this Public Hearing closed and referred matter to Council for consideration. On motion by Councilman Wilson, seconded by Councilman Geiger, Council established a Comprehensive Plan Map Designation of Residential Low for property located east of West Street (2200-2400 blocks) and west to Blackjack Creek. Commonly known as Price/Minor Annexation. (Legal Description - Attachment "A") Mayor Weatherill opened Public Hearing scheduled for 8:00 PM to consider a Zone Reclassification from Residential High to Commercial General, as submitted by Leonard Minor for property located on the northeast corner of Division and Austin, (513 Austin). Mayor Weatherill called for public input either for or against the Zone Reclassification as requested by Leonard Minor. Leonard Minor, proponent, stated a parking lot would be more attractive than an older building. Elizabeth Jackson, 614 Dwight, expressed concern that this action constitutes spot zoning and requested Council consider the welfare of the neighborhood when considering this Zone Reclassification. February 13, 1989 Page Two Donald Loop, 612 Dwight, spoke in favor of the rezone, but expressed concern regarding the effect of spot zoning on the surrounding neighborhood. Mayor Weatherill called for additional public input. As no further response was received Mayor Weatherill closed Public Hearing and referred matter to Council for consideration. Councilman Wilson moved to adopt Planning Commission Resolution No. 116-89, (Attachment "B") with Findings and Facts and Conditions, as their own and approve the application for Zone Reclassification from Residential High to Commercial General, as submitted by Leonard Minor for property located on the northeast corner of Division and Austin (513 Austin), seconded by Councilman Clauson and carried. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E, Sidney S.M. Stevens Block 18, Lot 4. Mayor Weatherill opened Public Hearing scheduled for 8:15 PM regarding an application for Zone Reclassification from Residential -Low to Multi -Family 20, as submitted by Kurtis R. and Pamela R. Mayer for property located on the east side of Pottery Avenue, north of SR16. Mayor Weatherill called for public input in favor of or aginst the Zone Reclassification as requested by Kurtis R. and Pamela R. Mayer. Bram Dally, representing Kurtis R. and Pamela R. Mayer, availed himself to answer questions pertinent to this Zone Reclassification. Merton Cooper, 1028 Bethel, advised Council he was neither for nor against the rezone, however, he requested Council place a condition on the reclassification regulating storm water runoff. Charles Meigs, 2410 Sidney, requested a fence be place on the south side of subject property. As no further response was received from the audience, Mayor Weatherill closed Public Hearing and referred proposed Zone Reclassification as submitted by Kurtis R. and Pamela R. Mayer to Council for consideration. Councilman Geiger moved to adopt Planning Commission Resolution No. 117-89, (Attachment "C") with Findings and Facts and Conditions, as their own and approve the application for Zone Reclassification from Residential Low to Multi -Family 20, as submitted by Kurtis R. and Pamela R. Mayer for property located on the east side of Pottery Avenue, north of SR16, seconded by Councilmen Smith and Wilson. February 13, 1989 Page Three Councilman Wilson moved to amend motion to delete Condition No. 3 from Planning Commission Resolution No. 117-89 (No. 3. - Applicant shall agree to enter into a one (1) year maintenance agreement for the establishment and care of required landscaping), seconded by Councilman Clauson and carried. Original motion as amended to adopt Planning Commission Resolution No. 117-89, with Findings and Facts and Conditions, as their own (deleting Condition No. 3) and approve the application for Zone Reclassification from Residential Low to Multi -Family 20, as submitted by Kurtis R. and Pamela R. Mayer for property located on the east side of Pottery Avenue, north of SR16. LEGAL DESCRIPTION: Section 02, Township 23, Range 1 E; the west 292 feet of the following described property; that portion of the S 2/5 of the N 3/5 of S 10 acres of SW 1/4, NW 1/4 lying W of Sidney Co. Rd. EXT portion thereof lying westerly of a line defined as follows: Beginning at a point on the S line of SW 1/4, NW 1/4 of said section which is 90 feet easterly of its SW corner; thence N to a point which is opposite Highway Engineers Station 14 54+00 & 80 feet easterly therefrom when measured at right angle to the A 14 line of SR16 Olympic Drive to Tremont & End of this line description. Mel Easter, registered Landscape Architect, brought Council up to date on the development proposed for the Molzan property located at 1866 Sidney. Jeffrey Haberman, Specialty Service, Inc., requested a meeting with the Water -Sewer Committee to discuss hook-up fees for apartments. On motion by Councilman Geiger, seconded by Councilman Grable, Council referred to the City's insurance carrier, a Claim for Damages submitted by Howard Mulkey, 1121 Tacoma Avenue, in the amount of $22,216.09 for damages caused by broken water main. On motion by Councilman Powers, seconded by Councilman Geiger, Council accepted Claim for Damages as submitted by the South Kitsap Parks and Recreation District and authorized removal of penalties in the amount of $3,570.51 on Account Nos. 3624-011-017-2004, 3624-014-001-2006 and 3624-014-003-2004. On motion by Councilman Wilson, seconded by Councilman Grable, Council authorized Mayor Weatherill to sign Warranty Deed accepting Wilkins Well and real estate as in accordance with agreement signed at the January 12, 1987 City Council Meeting. On motion by Councilman Clauson, seconded by Councilmen Wilson and Grable, Council moved to close a portion of Bay Street on April 29, 1989 as requested by the Veterans of Foreign Wars for the Loyalty Day Parade. City Clerk Hower read Mayor Weatherill's proclamation declaring the month of February as American History Month. February 13, 1989 Page Four On motion by Councilman Wilson, seconded by Councilman Grable, Council unanimously concurred with Mayor Weatherill proclaiming the month of February as American History Month. On motion by Councilman Wilson, seconded by Councilman Geiger, Council approved Resolution No. 1505 setting March 13, 1989 at 7:45 PM as date and time of Public Hearing on a Petition to Vacate a portion of Hull Avenue right-of-way. LEGAL DESCRIPTION: Situated in Section 26, Township 24N, Range 1 East Kitsap County, Washington. That portion of Hull Avenue, which abuts the north margin of Division Street, the west line of Lot 13, Central Addition to Sidney Replat, the south line of J.H. Cline's Addition to Sidney and the east line of Government Lot 2. On motion by Councilman Powers, seconded by Councilman Grable, Council adopted Ordinance No. 1448 amending Port Orchard Zoning Ordinance No. 1163; by amending the area and use maps thereof, reclassifying certain property from Residential Low to Commercial General (Brian Horch, David Herbold Co., Inc. owner of record) located at 2200 Mitchell Road. On motion by Councilman Wilson, seconded by Councilmen Clauson and Grable, Council adopted Ordinance No. 1449 regarding the levying and the fixing of a tax for admissions to any place charging an admission in the City of Port Orchard. Motion passed with 6 ayes. Councilman Geiger refrained from voting due to conflict of interest. Mayor Weatherill called for recess with meeting to reconvene at 9:20 PM. On motion by Councilman Wilson, seconded by Councilman Grable, Council authorized the Mayor to sign an addendum to the Kitsap County/City of Port Orchard contract for incarceration of City prisoners, renewing contract for period of January 1, 1989 thru December 31, 1989. Councilman Powers excused herself from the Council action concerning proposals submitted on 810 Bay Street, due to a conflict of interest. Councilman Powers is a Board Member of Kitsap Mental Health Services. Councilmen Smith and Geiger spoke for the Building/Property Committee on four proposals received from the following social service agencies, who are interested in utilizing the 810 Bay Street Building: (1) Kitsap Community Action Program; (2) AGAPE Unlimited; (3) Kitsap Mental Health Services; (4) Kitsap Sexual Assault Center. The Committee asked that Council authorize them to negotiate with Kitsap Community Action Program and AGAPE Unlimited for use and sale of 810 Bay Street building. On motion by Councilman Wilson, seconded by Councilman Geiger, Council authorized the Building/Property Committee to commence negotiations with Kitsap Community Action Program and AGAPE Unlimited for operation and sale of 810 Say Street Building. February 13, 1989 Page Five Vouchers audited and certified by the auditing officer (City Clerk) as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing and made available to the Council. On motion by Councilman Geiger, seconded by Councilmen Wilson and Clauson, Council unanimously approved payment of those vouchers as follows: Claims Warrant No. 11493-11571 in the total amount of $58,458.71. On motion by Councilman Geiger, seconded by Councilman Wilson, Council authorized the City Engineer to purchase a Nydrolic Clamp or Thumb for the backhoe in the amount of $4,439.00 from Case Equipment. On motion by Councilman Clauson, seconded by Councilman Grable, Council authorized the Mayor to sign the Automatic First Alarm Mutual Aid Agreement for Fire and Medical Response with District 7, subject to approval by City Attorney. Fire Chief Snow informed Council the Port Association has purchased $3,000.00 worth 2. Mayor Weatherill and Council members dedicated service and time the volunteers Orchard Volunteer Firemen of furniture for Fire Station No. expressed their appreciation for the give to their community. Mayor Weatherill adjourned Council into Executive Session for approximately 15 minutes to discuss sale of City property. Councilman Smith moved to excuse Councilman Powers from the February 27, 1989 City Council meeting, seconded by Councilman Grable and carried. Meeting adjourned at 10:20 PM. j CLERK MAYOR February 13, 1989 Attachment "A" A.W. PRICE/LEONARD MINOR LEGAL DESCRIPTION That portion of the SW 1/4, NE 1/4, the NE 1/4, SW 1/4 & NW 1/4, SE 1/4, Section 02, Township 23 North, Range 01 East, W.M., described as follows: Beginning 600 feet south and 30 feet east of the northwest corner of the southwest 1/4, northeast 1/4; thence west about 721 feet to the center of Blackjack Creek; thence southerly along said Creek to where it intersects with the north line of the northwest 1/4, southeast 1/4, said Section 02; thence east to a point that is 495 feet east of the northwest corner of the southeast 1/4 of Section 02; thence south 420 feet; thence west to the center of Blackjack Creek; thence northerly along the centerline of Blackjack Creek to where it intersects with the west line of the northwest 1/4, southeast 1/4; thence north along said west line to the southwest corner of the northeast 1/4 of Section 2; thence continue north along the west line of the northeast 1/4, 720 feet; thence east 30 feet to point of beginning. February 13, 1989 ATTACHMENT "B" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 116-89 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL - HIGH TO COMMERCIAL GENERAL ON TIIE BELOW DESCRIBED PROPERTY, LOCATED ON THE NORTHEAST CORNER OF AUSr1N AND DIVISION, AS REQUESTED BY LEONARD MINOR. A SEPA checklist has been submitted and has received a declaration of non -significance. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E, Sidney S.M. Stevens Block 18, Lot 4. WHEREAS, the applicant has requested a zone reclassification from Residential - High to Commercial -General in order to construct a small parking lot and future professional building, anti WHEREAS, a public hearing was held on 16 January 1989 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, the proposed use is compatible with and is not detrimental to existing uses in the neighborhood or to uses specifically permitted in the commercial general zoning district, and WHEREAS, historically the building located on the southwest corner of the property has been commercial, and WHEREAS, the neighborhood is changing from a single-family residential area to a commercial area; i.e., professional offices, Kitsap County Courthouse satellite offices, and parking lots. WE THEREFORE FIND: that a zone reclassification to Commercial General would be in keeping with existing uses in the neighborhood and with the historical use of the property. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that zone reclassification to Commercial -General, would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve a designation of Commercial General on the above described property, subject to the folowing conditions of approval: (1) That sidewalks, curbs and cutters complying with City of Port Orchard standards he constructed along the improved area on Division Street. Existing sidewalks, curbs and gutters along Austin shall be maintained. This is to ensure pedestrian, safety and comply with City standards. (2) That ingress and egress to the subject property shall be limited to specifically delineated access points. The location of which shall be approved by the City Engineer. Access for perpendicular parking along Division or Austin Streets shall not be allowed to occur other than from these approved access approaches. (3) A drainage plan which considers the improved site drainage character- istics for ultimate commercial development be submitted and approved by the City Engineer at such time that the initial site development occurs (parking lot). Said plan shall identify proposed improvements facilities for the ultimate development, and shall include a temporary erosion and sedimentation control plan to mitigate potential downstream impacts to adjacent properties and existing drainage courses. (4) That the applicant enters into an agreement for maintenance of storm drainage improvements. (5) Provisons be included in the site development for protection of existing fire hydrant situated in the southwest corner of the subject property from damage which may occur from vehicle use of proposed parking facilities. (6) That a fence or natural/landscaped buffer be constructed along adjacent property boundaries of residential uses. (7) Any deviation from the proposed use as a professional office which is considered a more intensive use, shall cause the applicant to come before the Port Orchard City Council for a new hearing process. PASSED this 16th day of ,January 1989. CITY OF PORT ORCHARD PLANNING COMMISSION (9 �- O. ,Join I to anson, Chairman ATTEST: Cora yn SFdM, Engr P anning Dept. k—Druary 13, 1989 ATTACHMENT "C" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 117-89 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT TIIE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL - LOW TO MULrrPLE FAMILY-20, ON THE BELOW DESCRIBED PROPERTY, AS SUBMITTED BY KUR'I'IS R. & PAMELA R. MAYER LEGAL DESCRIPTION: SECTION 02, TOWNSHIP 23, RANGE 1 E; THE WEST 292 FI�Er OF THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OF THE S 2/5 OF N 3/5 OF S 10 ACRES OF SW1/4, NW1/4 LYING W OF SIDNEY CO RD EXC PORTION 'I`IIEREOF LYING WESI'ERLY OF A LINE DEFINED AS FOLLOWS: BEGINNING AT A POINT ON 'rIlf: S LINE OF SWI/4, NW1/4 OF SAID SECTION WHICH IS 90 FELT EASTERLY OIL rrS SW CORNER; THENCE N TO A POINT WHICH IS OPPOSITE HIGHWAY ENGINEERS SrATION 14 54+00 & 80 FEET EASTERLY THEREFROM WHEN MEASURED AT RIGIN' ANGLE TO THE A 14 LINE OF SR 16 OLYMPIC DRIVE TO TREMONT & END OF THIS LINE DESCRIPTION. WHEREAS, Kurtis R. & Pamela R. Mayer have submitted a request for a zone reclassificaion from Residential -Low to Multi -Family 20 in order to construct an addition to Orchard on the Green, located on the east side of Pottery Avenue, north of SR 16, and WHEREAS, a public hearing was held on 16 January 1989 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, A SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS, the Comprehensive Plan Map designation for the area is Multiple Family 20, and WIIEREAS, the site is adequate in size and shape to accommodate the addition as proposed, and WHEREAS, the project will have a minimal impact on existing infrastructure. WE THEREFORE FIND: the proposed use is compatible with and is not detrimental to existing uses in the neighborhood. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that a zone reclassification to Multiple Family-20, would be in Harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE rr RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve a zone reclassification from Residential -Low to Multiple Family 20 on the above described property, subject to the following conditions of approval: (1) A landscaping plan be submitted to and approved by the City Engineer. (2) That a fence be constructed along the west side of the proposes] addition. And that a fence or a landscaped buffer area, comprised of landscaping which is capable of providing a vegetative screen between the adjacent residential zoning, shall also be provided along the south and east sides of the proposed addition. (3) Applicant shall agree to enter into a one (1) year maintenance agreement for the establishment and care of required landscaping. (4) That a surface water drainage plan for the proposed site development be prepared and submitted for approval by the City Engineer. Above ground detention/retention pond(s), if utilized, shall be completely secured with fencing installed to a minimum height of 6 feet. (5) Applicant shall enter into a maintenance agreement for storm drainage improvements. PASSED this 16th day of January 1989. CITY OF PORT ORCHARD PLANNING COMMISSION �-' - 4, t djsSlj O. r IIo anson, C airman ATTEST: oralyn Mith, Engr P anning Dept.