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12/01/2003 - Special - MinutesPRESENT: LESLIE J. WEATHERILL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger Don Morrison Carolyn Powers, Mayor Protem (excused) Ron Rider Rick Wyatt CITY OF PORT ORCHARD City Council Minutes CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 SPECIAL DECEMBER 1, 2003 ALSO PRESENT: Police Chief Townsend, City Treasurer Tompkins, City Planner Wenman, City Engineer Curies, Deputy Clerk Merlino, City Clerk Etgen and City Attorney Jacoby. CALL TO ORDER Councilmember Clauson led the audience and Council in the Pledge of Allegiance. AUDIENCE COMMENTS Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were received at this time. NEW BUSINESS Public Hearing regarding 2004 Preliminary Budget Mayor Weatherill opened the Public Hearing regarding the 2004 Preliminary Budget. City Treasurer Tompkins reported on an amendment to the Preliminary Budget, due to the passage of Ordinance No. 1919 on November 24, 2003, which decreased the estimated beginning fund balance of the 1984 Water-Sewer Revenue Bond Fund by $300,000. Mayor Weatherill asked for further audience comments concerning the 2004 Preliminary Budget. As no audience comments received from the audience, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for the consideration. On motion by Councilmember Geiger, seconded by Councilmember Morrison, Council approved the 2004 Preliminary Budget as presented. December 1, 2003 Page 2 of 5 Continued Public Hearing regarding Reclassification and Subdivision, Known as Indigo Pointe. Mayor Weatherill opened the continued Public Hearing regarding the Reclassification and Subdivision, known as Indigo Pointe, located on the north side of Goldenrod Street, at the east terminus of the street. The applicant is requesting a rezone from R4.5 Residential to Residential 12 to allow for the development of a 21 single-family residential unit. City Attorney Jacoby advised the Council, that this is a Quasi-Judicial Hearing and asked if the Council had any ex parte contact with any individuals regarding this issue prior to this hearing and if the Council has any reason why they cannot render an impartial decision on this matter. The Council received no comments. Councilmember Morrison disclosed he was excused from the November 10, 2003 meeting, however he has reviewed the City Council tapes. Councilmember Morrison asked if anyone in the audience expressed a concern with his participation during this Public Hearing. No comments were received. City Planner Wenman presented Staff Report and identified on a map the exact location of the proposed project site. Planner Wenman advised the Planning Commission presented a recommendation for denial of the rezone and subdivision, due to the fact that the proposed rezone designation from R4.5 to R12 is not consistent with the Comprehensive Plan Designation of Medium Density Residential. Planner Wenman also advised the Planning Commission expressed a concern that the development should be conditioned to meet the requirements of the Critical Areas Ordinance, as well as all the minimum requirements of the adopted City Codes. City Planner Wenman further advised, the applicant, on November 12, 2003, submitted a revised site plan and Habitat Management Plan. The materials were reviewed by City Staff for consistency with the findings, conclusions and recommendations of the Planning Commission. Mark Kuhlman, Team 4 Engineering, gave a brief history of the proposed project. Mr. Kuhlman distributed and discussed in detail the proposed Habitat Management Plan; the proposed rezone; and Significant Tree Retention Plan. Mr. Kuhlman asked that the Significant Tree Retention Plan become a preliminarily document and not become final until the developer has finalized all the grading, road preparation and storm water work, with a condition the final document be approved by the City Engineer. Mr. Kuhlman also asked for clarification on page 5, item 9 of the Staff Report dated November 18, 2003. Condition 9: The removal of all 36DBH and greater trees shall be approved by City Council prior to final plat approval. December 1, 2003 Page 3 of 5 Mr. Kuhlman advised the developer has identified five trees that could be subject to Condition 9 and asked that an arborist review the site to determine what is the Protective Radius Zone for the retention of a significant tree. At this time, Mayor Weatherill asked for audience comments regarding the Rezone and Subdivision, known as Indigo Pointe. Kim Abel, 338 Goldenrod Street, expressed the following concerns • Hours of construction, • The Habitat Management Plan appears to be too much for the homeowners to enforce, • A tot lot was not mentioned in the Conditions of Approval, • Condition 12 of the Staff Report dated 11/18/03 should indicate "A note shall be added to the face of the Plat providing that, dangerous trees felled within the mitigation and "leave areas" shall be replaced at a 3:1 ratio." • Conditions No. 54 and 55 do not indicate a time frame as to when these conditions are to be met. Lauri Pittman, 410 Goldenrod Street, also expressed a concern regarding construction noise and water run-off. Ms. Pittman asked if the developer would provide a screening to block out car headlights as they have become an intrusion in her living room. Mike Shipman, 6516-27th Ave NW, Gig Harbor, applicant and property owner, thanked the Planning Commission, City Staff and City Council for their long hours of deliberation on this matter. Mr. Shipman advised he has contacted 26 households within the surrounding project site, and did not receive any objections to the project. In conclusion, Mr. Shipman asked for Council's approval of this project. Gil Michael, 228 Seattle Avenue, speaking as Chairman of the Planning Commission clarified some issues concerning this project. Mr. Michael advised the Planning Commission's primary concern for denial of the rezone was due to the rezone designation of R8 to R12, stating the Comprehensive Plan is very clear regarding Medium Density Residential allowing a density of 8 dwellings units per net useable acre for single family detached, but does not support single family detached in the R-12 zone. Mr. Michael advised this rezone could be approved and permitted under a R8 zone designation, if the developer reduced the number of dwelling units to 20. Mr. Michael also expressed a concern with a 10' buffer around the development, stating this is inadequate, making enforcement difficult. Mr. Michael also expressed a concern with clearing the project site and then replanting, as this is not the intent of the City. Mr. Michael requested Condition Nos. 54 and 55 be met, prior to Final Plat approval. Mr. Michael advised the Planning Commission agrees with the applicant that the developer should not have to replace all trees in the plat. In conclusion, Mr. Michael recommended relocating the storm water facility and recommends the developer limit the project to 20 single family residences, and the storm water tract be designated as open space. December 1, 2003 Page 4 of 5 City Engineer Curies expressed a concern with the enforcement of the Habitat Management Plan on private property. City Engineer Curies recommended the City hire an arborist, as suggested by the applicant, with the condition the applicant be responsible for payment of the arborist. Lauri Pittman, 410 Goldenrod Street, requested the privacy screen be put in place prior to construction of the plat. Linda Wyatt, 1111 Olney Avenue, sympathized with the residences who have to endure the construction noise, however advised the construction noise is only temporary. At this time, Mayor Weatherill called for further audience comments, either for or against the rezone and subdivision, known as Indigo Pointe. As no further public input was received, Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter to Council for their consideration. Councilmember Wyatt moved to continued Council deliberation on the Rezone and Subdivision, known as Indigo Pointe to December 8, 2003, to allow for further review by City Staff, seconded by Councilmember Clauson. Councilmember Cramer amended motion to continue Council deliberation on the Rezone and Subdivision, known as Indigo Pointe to December 22, 2003, to allow for further review by City Staff, seconded by Councilmember Rider. Motion passed with 4 assenting votes and 2 dissenting votes. Councilmembers Clauson and Wyatt casting the dissenting votes. OLD BUSINESS Tabled Motion: Approving Comprehensive Plan Amendment CA-18-03 and Phased County Campus Master Plan (11/10/03) Councilmember Morrison disclosed he was excused from the November 10, 2003 meeting, however he has reviewed the City Council tapes. Council member Morrison asked if anyone in the audience expressed a concern with his participation during this Public Hearing. No comments were received. City Planner Wenman presented an updated Staff Report on the Comprehensive Plan Amendment CA-18-03 and Phased County Campus Master Plan. City Attorney Jacoby advised the City Attorney's Office and the County Attorney's Office are still reviewing this issue and asked that the Council continue this matter to the next Council meeting. Council concurred with City Attorney Jacoby and placed this matter on the December 8, 2003 City Council agenda. CONSENT AGENDA On motion by Councilmember Geiger, seconded by Councilmember Clauson, Council approved the following consent agenda item: December 1, 2003 Page 5 of 5 A. Resolution No. 2047 Establishing "Building Valuation Data" COMMilTEE REPORTS Councilmember Cramer reported prior to the December 8, 2003 City Council meeting, starting at 7:00 p.m. the City Council will have a reception for Councilmember Morrison and Mayor Weatherill in recognition for their many years of dedicated service on the City Council. ADJOURNMENT ::::~:::rnedthemre~~- Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR