07/09/1984 - Regular - MinutesPort Orchard, Washington
July.9, 1984
Council of the City of Port Orchard, Washington called to"order by
Mayor L. Weatherill. Council members present: Clauson, Childress,
Wilson, Geiger, Miller, Grosso and Grable. Also present: Attorney
McC.luskey, City Clerk Lloyd,'Police Chief.Mathews, Engineer Curles
and Fire Chief Snow.
Councilman Childress led -the Council and audience'in`.the Pledge
of Allegiance.
On motion by Councilman Grable, seconded and carried., Council
approved the minutes of the June 25, 1984 meeting as circulated.
Mayor Weatherill addressed Planning Commission'Resolution No. 045-
84 which requests Council reconsider requirement.,for frontage roads
along Bethel Avenue. Councilman Grosso moved, seconded and
carried, to set matter aside fo.r study session.
Tom McDonald, voiced complaint relative to Fathoms of Fun control
over Arts & Crafts Fair. He was informed by Fathoms, -officials all
booths were restricted.to only "hand --:crafted" items'... Mr. McDonald
submitted an application -for a booth and':as some of the items he
wished to sell were not "hand crafted" he did not open a booth.
Upon visiting the Arts & Craft Fair, he'observed several.'booths
selling items which were obviously not ."hand crafted". Mr. McDonald.
expressed the opinion that the City..should`have more control.:over
Fathoms events,
Sandy Reiter, representative °of.Fathoms of Fun, mresponded to
complaint admitting a series of misunderstandings with Mr. McDonald
and other vendors as to what could be sold, Fathoms officials -did
not check each.booth as to,.whatexhibitors were actually selling.
Ron Jennings, Scout Leader'and.Steve Denniston, Scout, stated desire
to have Fathoms'of Fun,`Arts & Crafts'booth for.'"non-hand crafted
items which Boy Scouts could sell
Ms. Reiter stated Fathoms of Fun -goal has'been to -have a'true Arts
& Crafts Fair with only "hand crafted items",however:,future Fathoms.
festivals could have'two types of exhi•bits.one'.of handcrafted items
and another of non -hand crafted items. Ms..Reiter extended open
invitation to all. interested parties -to attend Fathoms of Fun
organizing meeting to beheld in September: -f
Richard Hayes of Kitsap'Transit,requested,p.ermission,to locate
bus shelter and sign :on `'adjacent o! , Foot., Ferry.
Councilman Clauson stated for'the record, -he is an employee of
Kitsap Transit but would nevertheless li.ke.to`vote�'on matter unless.=
there are any objections. No objections voiced'.by.,Councilor
audience.
Councilman Grosso moved to`'authorize. Kitsap Transit -to .locate a
bus shelter and sign on sidewalk. adjacent %to 'foot- fe;rry. Seconded
by Councilman MiIIer.
During discussion of motion Councilman Wilson` questioned.ownership j
of property at site of proposed bus,: shelter.
Councilman Grosso moved to amend motion granting' permission for
location of bus shelter and sign,, contingent upon.C.ity.'.s-ownership
of subject property, carried.. j
July 9, 1984
Page 2
Original motion as amended authorizing Kitsap Transit to locate a
bus shelter and sign on property adjacent to downtown foot ferry
contingent upon determination of City's ownership of subject
property, carried.
Councilman Grosso requested City ta2�� view�Ci / q y �me� t y of Bremerton'&
Ord i napj'ice rel at ve to.. s . Pa4vvj 6y Peem; 4
RES+J��/hE}^C. i�'f4f!tS.�dZk.t - -
Deputy Clerk opened and read aloud two bids received'in response
to bid call to provide labor and materials to place an asphalt
overlay on Sherman, West and Tacoma Avenues and Mitchell Road as
follows:
1. Ace Paving $35,532.50 net bond attached
2. Service Fuel 45,538.50 net bond attached
Engineer's estimate 37,670.00
On motion by Councilman Clauson, seconded and carried, Council
referred bids to City Engineer and Street/Alley Committee with.
authority to award or reject the bidding in best interest of the
City.
At this time Mayor Weatherill opened Public Hearing relative to
application for Zone Reclassification as submitted by the
Corporation of Catholic Archibishop of Seattle requesting their
property located on Bethel Avenue Forth of United States Post
Office and South of High Point Shopping Center be rezoned from
Residential -high to Commercial General to allow construction of
a bark.
Mayor Weatherill called for public input pertinent to Catholic
Archibishop Rezone Application.
Jack Fitzgerald, agent for proponent spoke•in favor of rezone
request.
Councilman Grosso moved to waive frontage road requirement
(Ordinance No. 1158) for Catholic Church parcel of property on f
Bethel Road. This particular parcel is located between Safeway i✓
which is the Northern end of frontage road requirement boundary
and the post office (federal -property is exempt from local
ordinances). Considering location of proner+ frrntage road
requirement is not practical to enforce, stc.oNd_c A. 6 P$s.t6D, 6m�f0 7�23/14-
Mayor lleatherill called for input against;rezone.application. No
response from audience or Council.
City Engineer recommended landscaping be required which is
consistent with.adjoining properties.`
On motion by Councilman Grosso, seconded and carried, Council
moved to approve Zone Reclassification reg4uest submitted by the
Corporation of Catholic' Archbishop'of Seattle reclassifying their
property on Bethel (legal description -Attachment No. 1) from
Residential }sigh to Commercial General contingent upon compliance
with the following conditions;
I.L Approval of landscaping and drainage plans by.City Engineer.
2. Approval of ingress/egress by City Engineer and Police Chief.
3. Frontage road requirement (Ordinance No...1158) is waived for
this parcel of property.
Mayor Weatherill declared Zone Reclassification approved and Public,
Hearing closed.
Mayor Weatherill
at 8:30 P.M.
At 8:30 P.M. Mayor Weatherill opened publ.ic-hearing relative to
application for Zone Reclassification as submitted by'Granquist
Construction Company for property located on Bethel Avenue (legal
description -Attachment No. 2) requesting -Zone Reclassification
from residential low to commercial general to allow construction
of a'coin operated car wash.
Mayor Weatherill called for input relative to application for
Zone Reclassification.
Mike McCormick representing Granquist Construction addressed
ingress/egress, storm drainage, water retention and frontage
road requirement and stated willingness to participate in plan
to provide access between business properties in lieu of frontage
road.
Victor Barsay owner of two properties on Bethel Avenue approached
subject of "frontage road" requirement and offered to work with
City to develop. workable solution,agreeable to all concerned.
Councilman Wilson moved to table public -hearing until after
study session on Bethel Avenue frontage road requirement (Ord.
No. 1158) seconded by Councilman Clauson and denied with two
ayes and 5 nays. Councilman Childress, Geiger, -Grosso, Miller
and Grable voting no.
Councilman Grosso moved to approve Zone Reclassification
application as submitted by Granquist Construction Company for
property located on Bethel Avenue (legal description -Attachment
No. 2) subject to conditions in City Ordinance regarding access
and that property owner participate in two way .left turn lane
for area, seconded by Councilman Miller.
Councilman Geiger moved to amend motion to include condition
that agreements concomitant with the Rezone, be signed and recorded,'
securing to the City the right to construct and assess for; a
sewer main,-water,main:with hydrants,and-road•-.improvement needed to
to mitlgate.the impact of the commercial.developement, seconded
and carried.
Motion as amended to approve Zone Reclassification with stipulated
conditions carried unanimously.
Mayor Weatherill declared Zone Reclassification approved and
hearing closed.
At 9:10 P.M. Mayor Weatherill opened public hearing relative to
Zone Reclassification application submitted by Roland & Roland
Real Estate, Inc. requesting that property located on the north-
west corner of Hovde and SR16 be reclassified from residential
low to commercial highway for the purpose of construction of a
new car dealership on approximately,3 acres.of the 6 acre site.
Legal Description -Attachment No. 3
Mayor Weatherill called for pub.lic,input:on'Rezone request..
Mike McCormick representing proponent"outlined `storm drainage -
water retention plans, submitted.photos (Attachment No. 4). of a
new car dealership built -by KETA Construction who' -has been
retained to construct new facility for'Gr-ey°Chevrolet.
AIM
July 92, 1984
Page'4
Sue Waller of Chevrolet Motor Division/General Motors`�outlined
approval process Chevrolet dealerships must go through to re-
locate a dealership. Ms. Waller stated Chevrolet Motors and.."
General Motors does approve this site for relocation -of Grey
Chevrolet.
Councilman Grosso questioned definit ion. of"uses allowed,,under
Commercial Highway Zoning.`
Attorney McCluskey stated"that although a car dealership is not
specifically listed as a'defined use under commercial highway
and knows exactly what they -would be allowing the Council can
in this situation approve a car dea,lership'within Commercial
Highway Zoning.
Mayor Weatherill called for public -input against -Rezone
application. ,No response.`:
On motion by Councilman .Grosso;: -seconded and carried, Council
approved application -for Zone Reclassification as'.=submitted by,
Roland & Roland Real'Estate, Inc.. requesting "that property located
in the northwestcorner of Hovde;.Road'.° and SR16 be.reclassified
from Residential Low to Commercial Highway fo:r use.as;"car
. dealership" with the followin `r
p g Bondi ti ons :�
1. Zone Reclassification wil'.Y encompass entire`6 acre
tract -for use as car dealership. "Any proposed
change of' use, -for southern :3:acres ;must be :sub
mitted to the City Council for approval
2. Conditions of approval as recommended in Port"
Orchard Planning -Commission Resolution No..044-84,
(Attachment No.' 5) be complj ed with and i s. hereby
made part of this rezone.
Mayor Weatherill declared Rezone.approved .and hearing closed.
Mayor Weatherill at this time opened public hearing relative to
proposed change in the Comprehensive Pian.:"Map to Commercial General
as requested by Roland & Roland for their property located.in the
northwest corner of Hovde,Road and SR16 (legal description,
Attachment No. 3).
Mayor Weatherill called for public input for or against proposed
change in Comprehensive Plan.
Mike McCormick spoke in favor of proposed change in Comprehensive
Plan Map as requested by Roland &-Roland,-.`and urged..Council to
vote in favor of request.
On motion by Councilman Miller, seconded and carried, Council
moved to approve change in -Comprehensive Plan as requested by
Planning Commission Resolution No.."043-84 ,(Attachment''No. 6).
Mayor Weatherill addressed'le.tter to Police Chief from Ernestine
and Nicolo gtallone praising two Port Orchard Police personnel,
Officers Myers: and Reserve Officer Molin'.for giving assistance
to two senior citizens who had been detoured June'30.during
Fathoms of Fun Parade and could not -locate -where they had parked
their vehicle. Mayor -'Weather ' il-l" stated' our'.Patrol people responded
in an admiral manner and should be commended..
Doug Clark, voiced complaint'rel"ative to-si-tuation'which arose
during Fathoms of F_un. The carnival personnel parked vehicles, "
trucks and private vehicc1es':for '.sleeping and ea,ting'.at•. Mitchell
Street Shed.
�._�.- rs. •e - ..._... v �_., .. ._.. ....�ra_..he F..__�Ca+.:3Y- ...� .w.. _._._.�_-a... _. .....� _� ��"�'�':p64 _._ _- __ _ .. ..,r -
July 9 1984
Page 5 _.
When the Carnival closed around midnight there were loud cars,
fireworks, hollering and a general ruckus, and the neighborhood
was awoken every night they were parked at this site. Several
calls were made to CEN-COM reporting this.disturbance. Mr. Clark.
requested the City Council seriously consider requiring Carnival
Personnel to be located in a non-residential area in future years.
Mayor Weatherill thanked Mr. Clark for his information and stated
the City will keep this in mind for future consideration.
Councilman Grosso moved to remove proposed Ordinance No. 1278 from
the table, seconded an.d carried.
Councilman Clauson moved to amend proposed Ordinance No. 1278
to change bail for certain offenses, seconded and denied with two
ayes and five nays. Councilman Clauson and Wilson voting aye.
Councilman Clauson moved to table motion to approve Ordinance
No. 1278 for furthur research, seconded and denied with two ayes
and five nays. Councilman Clauson and Wilson voting aye.
Original motion as presented by Councilman Grosso at June 25,. 1984
City Council t;eeting, carried, with six, ayes and_one nay. Council-
man Clauson voting nay.
Councilman Grable moved to allow the hiring of an Interium Police
Officer for a period of approximately two months to•fill in during
vacations scheduled by permanent police officer personnel..
Seconded and carried.
On motion by Councilman Geiger,. seconded and carried, Council
authorized payment of the bills'in the amount of $548,671.44
(Warrant No. 3921 - 04041) and the June payroll -in the amount of
$126',950'.51;,(Warr.ant-'No 103267-- 1034_5).
On motion by Councilman Geiger, seconded and carried; Council
authorized the Mayor to sign Washington State Department of
Transportation Change Orders'l and 2 for work on the,Port Orchard
By -Pass Resolution No. 1362.
Change #1 - New Item #95 Special gravel backfill for
foundation - $5,000_0.0.
Change #2 - New Item #96 - Unsuitable Foundation -Excavation
including hauling - $12,825.00.
Engineer Curles advised Council that steps are being taken to close
West Street off from the Sidney/Tremont/We.st Street intersection
for safety reasons.
On motion by Councilman Geiger., seconded and carried, Council
authorized the Mayor to sign Kramer, Chin and Mayo,ChannP ;)rder
No. 1 - Schedule C - Treatment Plant in amount of $5,.568.0.0. and
Kramer, Chin and Mayo, Change Order No. 4 - Schedule A - Pump
Station in amount of a reduction of cost of $2,103.70 (Resolution
No. 1363).
On motion by Councilman Clauson, seconded and carried,' Council
authorized a modification of parking on Sroufe`Street.'as requested
by South Kitsap Western Little'League'on weekends of''July 13th, 20th
and 27th 1984.
City Engineer Curles requested`Council consider -amending two
conditions imposed upon a Rezone approval'for Hanson/Schilling for:
property on Kendall Street.•.•City Attorney advised owner of property..
ATTACHMENT NO. 1
LEGAL DESCRIPTION: CORPORATION OF CATHOLIC ARCHIBISHOP
OF SEATTLE - Zone Reclassification
Public Hearing -July 9, 1984
Section 36, Township 24.North,'Range ],East", W.M.;
Beginning at the Northwest corner of said Section 36;
thence South 1°09'24 West along the West line of,
said Section 665.54 feet'to'the Northwest corner of
said South half of the NWQ of the NWi; thence South
88°07'48" East along the North line of said South
half 325.75 feet to the TRUE POINT OF BEGINNING,
being a point on the Easterly right-of-way margin of
Bethel Road; (formerly State Highway No. 14, Kitsap
County, Port Orchard to Gig Harbor, Sheet 2 of 9
Sheets, approved April 11, 1924); thence along"said
margin South 31°48'34" West 49.44 feet to the
beginning of a curve to the left having a radius
of 1402.5 feet; thence continuing along said -margin
and along said curve an arc distance of 70.94 feet ;
through a central angle of 2053'52"; thence South
88°07'48" East 193.51 feet; thence North 1°28'14"
East 105.18 feet to the North line of sai& South
half of the Northwest quarter of the Northwest
quarter; thence along said North line North 88°07'48"
West 134.27 feet to the TRUE POINT OF BEGINNING.
SUBJECT TO easements of record.
ATTACHMENT NO. 2
LEGAL DESCRIPTION: GRANQUIST CONSTRUCTION COMPANY
Granquist Zone Reclassification
Public
Hearing -July 9,'1984
SEC 36 TWP 24 RGE OlE
TH PTN OF SWa NWa DAF BAAP ON W MGN OF MITCHELL RD
WH IS
SO*08'17E 1330.97 FT & S89*1.9'.E 71.5.00 FT:FR THE NW
COR OF -SD.
SEC 36 TH FOL THE W:MGN OF MGN.OF MITCHELL.RD IN A
SWLY DIR. A
DIST OF 814. 71 FT TO .THE NE COR. OF -PROP. DEEDED .TO SK
' DEV CO
PER AUD NO 604790 TH N89*19W'225.00FT.ALG THE N LN
OF SD PRTY
TO NW COR THOF & POB THE CONT.N89*19'W 200FT°V L TO
ELY MGN OF
ST RD NO 14 TH SELY ALNG E MGN OF SD ST RD 225FT TH.S89*19'E
143FT TH N 75FT TH S89*1 9' E.-39 FT M/L',TAP ,OR' 'A LN WH
LIES PLL
TO & 225FT,W,OF. THE W•MGN OF MITCHEL.L.,RD TH NELY ALG
SD W-MGN
OF MITCHELL RD TO POB.SD PAR•BEING LOT`A PER SHORT
PLAT NO
1433 RECD UNDER AUD NO'78030701.45
LM
ATTACHMENT NO. 5
Roland & Roland Real Estate, Inc.
Zone Reclassification Public Hearing
July 9, 1984
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 044-84
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE TO
COMMERCIAL HIGHWAY AS REQUESTED BY ROLAND & ROLAND REAL
ESTATE, INC.
LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE
1 EAST, W.M, EXCEPT THE WEST 12 RODS, THEREOF, TOGETHERWITH THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTWEST QUARTER OF
THE NORTHWEST QUARTER LYING NORTHERLY AND EASTERLY OF COUNTY
ROAD, EXCEPT HIGHWAY.
WHEREAS, the applicant has requested a rezone of 6.02 acres from RL to CH xnr
the purpose of siting a new car dealership on approximately 3 acres of the sit4.
The balance of the 6 acre site will be held for future development and,
WHEREAS, a public hearing was held on June 19, 1984, and that the planning commission
considered the findings of fact, the testimony and material presented at the hearing...
FINDINGS OF FACT
Neighborhood: The land surrounding the proposal site is rural in nature and
sparsely developed with residences. There are no commercial developments
in the area at this time.
Site: The topography is a low rolling field at an elevation of about 150 to
175 feet, containing a small wooded area. The southern portion of this parcel
is cut by Blackjack Creek. The property is presently undeveloped. -
Zoning: Currently the area is zoned residential -low and open space:
Within the open space zoning designation Is an area designated by the Federal
Emergency Management Agency (FEMA) as both a flood plain and a floodway:
Development within this area should meet the requirements established by
FEMA. The floodway portion of the stream should be kept free of encroachment.
The requested CH zoning permits only those uses which primarily serve the
traveling public
Comprehensive Plan Map designation for this area is residential -low and greenbelt.
Transportation: Because of the varibility of uses in a new car sales facility
can only be estimated. The Institute of Transportation Engineers have estimated
the average daily trip (ADT) rate to be 79.5 vehicle trips per day for the
size facility proposed.
Access to the site will be mainly from Sedgwick Road to Sidney Raod and
then to Hovde. Signing will need to be utilized to establish circulation.
Kitsap County has stated that at this point in time'.Hovde Road has neither
the capacity nor the structural ability to carry the increased traffic that
a car dealership would generate and recommends that the applicant be required
to join in with the County on a 50-50 basis to bring Hovde Road up to the
current County Standards.
Surface Water runoff will be contained by a detention pond located at the
north end of the site. Oil separators will be required to remove foreign
substances from the water.
Police Protection will be required where none is required now. The area
will have to be included in the patrol area. A security fence may be
required.
Fire Protection: The owners have agreed to provide an 8
Inch watermain
under the
highway
connecting to the City water supply.
This line will
provide a
fire flow
of 400 gallons per minute. If future
development
requires a
greater
fire flow, it will be the responsibility
of the developer
to provide
same.
Sewer/Septic Tanks: On -site sewage disposal can be used for the proposed
use. The applicants have agreed to participate in any future sewer LID
and to hook-up to the City sewer system when it is available.
CONCLUSION: Based on the findings of factsi the testimony and materials presented
at the public hearing, we therefore conclude that the granting of the rezone as
requested, to 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 the zone reclassification from
residential -low and greenbelt to commercial -highway, based on the findings of fact
and subject to the following condition of approval.
CONDITION OF APPROVAL: That an 'agreement, concomitant with the
rezone, be signed and recorded, securing to the City the right to construct
and assess for a permanent sewermain; assuring that "No Protest" will
be made by the owners, their heirs and assigns, against the formation
of a U.L.I.D. to provide same.
Passed on the 18th day of June 1984.
CITY OF PORT ORCHARD
PLANNING COMMISSION
. John Hokanson, Nairman
ATTEST:
Tom Wong, Secretary
i
ATTACHMENT NO. 6
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 043-84
Roland & Roland Real Estate, Inc
Zone Reclassification Public
Hearing -July 9, 1984
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A CHANGE IN THE
COMPREHENSIVE PLAN MAP TO COMMERCIAL HIGHWAY AS REQUESTED BY
ROLAND & ROLAND REAL ESTATE, INC.
LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE
I EAST, W.M. EXCEPT THE WEST 12 RODS, THEREOF, TOGETHERWITH THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER LYING NORTHERLY AND EASTERLY OF COUNTY
ROAD, EXCEPT HIGHWAY.
WHEREAS, the applicant has requested a change in the Comprehensive Plan Map
designation of residential low and green belt to commercial highway, and
WHEREAS, a public hearing was held on June 19, 1984, and that the Planning
Comission considered the findings of fact, the testimony and material presented
at the hearing:..
FINDINGS OF FACT
Neighborhood: The land surrounding the proposal site is rural in'nature
and sparsely developed with residences. There are no commercial developments
in the area at this time.
Site: The tpography is a low rolling field at an elevation of about 150 to
175 feet, containing a small wooded area. The southern portion of this
parcel is cut by Blackjack Creek. The property is presently undeveloped.
Zoning: Currrently the area is zoned residential -low and open space. The
requested CH zoning permits only those uses which primarily serve the traveling
public.
Comprehensive Plan Map designation for this area is residential -low and
greenbelt. The proponents have requested a change in the plan to commercial -
highway: Both the southwest and southeast corners of the intersection of
Sedgwick and SR 16 are now designated as commercial highway on the Comprehensive
Plan Map.
Transportation: Access to the site will be mainly from Sedgwick Road to
M n�"3 ey R _ d and then to Hovde Road. Hovde Road is a dead-end road.
Kitsap County has stated that at this point in time Hovde Road has neither
the capacity nor the structural ability to carry the increased traffic that
would be generated by commercial highway development.
Surface Water runoff will be contained by a detention pond location at the
north end of the site. -Oil separators will be required to remove foreign
substances from the water:
Police Protection will be required where none is required now. The area
vvill Fave to be ncluded in their patrol area. -
Fire Protection The owners have agreed to provide and 8 in watermain
under the highway connecting to the City water supply.
Utilities Sewer and water are not available to the site at this time. The
applicant has agreed to participate in any future U.L.I.D. to provide utilities.
0
r
CONCLUSION: Based on the findings of facts, the testimony and materials pre-
sented at the public hearing, we therefore conclude that the change in the compre-
hensive plan map to 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 change in the comprehensive
plan map designation of RL and OS to commercial -highway, based on the findings
of fact and the testimony and material presented at the public hearing.
Pased on the 18th day of June 1984.
ATTEST:
Tom ong, Secretary
CITY OF PORT ORCHARD
PLANNING COMMISSION
John Ho anson, Chairman