02/24/2003 - Regular - MinutesPort Orchard, Washington
February 24, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger, and
Powers. Councilman Rider excused at the January 27, 2003 Council meeting, Councilman Cramer
excused page one, paragraph 5. Staff present: Police Chief Townsend, City Planner Wenman, City
Engineer Curies, City Attorney Amann, Deputy Clerk Merlino, and City Clerk Parks.
Councilman Morrison led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No comments were
received at this time.
Dr. Clark Townsend, representing Port Orchard Rotary announced Rotary has $30,000 available for
Community Improvement Projects. Port Orchard Rotary is seeking applications from financially successful
non-profit organizations in Port Orchard and South Kitsap County who have a large project that will benefit
the community. He advised that they are anticipating funding one or two projects Mayor Weatherill and
Council thanked Dr. Townsend for presenting this item to the city council.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council excused Councilman Cramer
from this Council meeting. Mr. Cramer had requested to be excused because he did not receive his agenda
packet in time to adequately review the material. Motion passed with 3 ayes and 2 nays. Council members
Powers and Geiger voting nay.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding proposed amendments to the Port Orchard
, __ "--:Zoning-Ordinance-No:-1-748-and-:Zoning-Map-to""identify-parcels-stJbject-to-site-specific-rezone-ordinances:---------
City Planner Wenman illustrated on the city's zoning map parcels that are subject to site specific rezone
ordinances. Planner Wenman referred to proposed Ordinance No. 1893, which would amend the zoning
map by identifying site specific parcels with an "-sp" designation. Planner Wenman also referred to proposed
Resolution No. 2006, which would amend the Port Orchard Planning and Development Procedures regarding
site plan specific rezones. The most significant change removes the 18 month time limit on zoning
adjustments and establishes the condition -if substantial progress toward construction of a preapproved site
plan has not occurred within 5 years the city council may revoke the site plan specific rezone and cause the
property to revert to its prior classification.
Brad Lambert, 2987 Sprague Street, asked if property owners would be notified, if the property were to revert
back to its prior classification. City Attorney Amann and City Planner Wenman confirmed that property
owners would be notified in writing, as well as a Public Hearing would be scheduled, before any property
would revert to its prior classification.
Mayor Weatherill called for further audience comments regarding the proposed amendments to the Port
Orchard Zoning Ordinance No. 17 48 and Zoning Map to identify parcels subject to site specific rezone
ordinances. As no further comments were received, Mayor Weatherill closed the public input portion of the
Public Hearing and referred this matter to the Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No. 1893
amending the City of Port Orchard Zoning Code and Map to identify parcels subject to site specific rezone
ordinances.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
2006 amending the City of Port Orchard Planning and Development Procedures regarding site plan specific
rezones.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved Ordinance No. 1894
adding a new chapter 9.31 to the Port Orchard Municipal Code regarding graffiti removal. Motion passed
with 4 ayes and 1 nay. Councilwoman Powers voted nay.
February 24, 2003
Page 2 of 5
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 2007
authorizing the submittal of the Stormwater NPDES Permit Application.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council adopted Resolution No.
2008 approving the issuance of tax-exempt Industrial Revenue Bonds for the Industrial Development
Corporation of Kitsap County for the benefit of CARA Group, LLC pursuant to RCW 39.84.060.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council adopted Resolution No.
2009 establishing the Council's preference for the date of the election on the question of annexation to the
City of Port Orchard of an area contiguous to the city and commonly known as Talmo-Tallman Annexation,
and further submitting the question whether upon annexation, all property annexed shall be taxed at the
same rate and on the same basis as property within the City of Port Orchard is assessed and taxed to pay for
outstanding indebtedness of the City of Port Orchard existing on the date of annexation.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council removed from table, for
further discussion, proposed Ordinance No. 1879 which would amend the City of Port Orchard Zoning Map to
change the zoning classification of certain property, located adjacent to the north property line of Albertson's
Shopping Center at Olney Avenue and Mile Hill Drive, from R5.4 to R20-PRD subject to conditions, as
submitted by Olney Avenue LLC, owner and applicant.
Councilwoman Powers announced she has reviewed the audio tapes and minutes from the Public Hearing
held on November 25, 2002 regarding the application for a Zone Reclassification from R4.5 to R20 to
develop a 4.89 acre parcel into a 50-lot planned residential development (PRO), as submitted by Olney
--------------AveAue-LI::G--,-owner-and-applicant-,--Gouncilwoman-Pewers-asked-if-anyone-from-tfle-audience-objected-to---------
her participation and discussion concerning this application. As no objection was heard from the audience
she retained her place at the council table.
City Planner Wenman presented staff report concerning the applicants proposed revisions to the preliminary
plat and planned residential site plan, The Highland at Karcher Creek as follows:
• The total numbers of lots were reduced from 50 lots to 40 lots.
• Alleys were added to the design to provide for rear garage access to 22 of the proposed lots.
• Lots with alley access are proposed to have a 10 foot front yard setback, which is a modification of
the standard 15 foot front yard setback.
• The proposed minimum lot size has been modified from the 2178 square feet allowed to a minimum
of 2100 square feet on those lots with alley access.
• Five foot sidewalks are proposed along one side of the Access and Feeder Road within the Plat.
• Landscaping and overall open space has been increased along the road frontages, where garage
access is provided from the rear alleyways. Additional buffering is provided along the north side of
the feeder loop road between the proposal and neighboring plat of Rockport.
City Planner Wenman presented the staff's findings and conclusions as follows:
• The Findings and Conclusions of the planning staff report dated October 10, 2002 are compatible
with the revisions requested by the applicant.
• The proposed redesign does meet the PRO criteria of utilizing design techniques to promote an
uncluttered appearance such as a variety of lot sizes, parking at the rear of sites, and the provision of
alleys.
Craig Baldwin, West Sound Engineering, addressed Council concerning the limited use of sidewalks within
the development. Mr. Baldwin advised the applicant did not want to increase the impervious surface within
the development, and understood the city council wanted more greenbelt and vegetation within the
development.
Richard Fitzpatrick, applicant, reiterated Mr. Baldwin's comments and further stated they did not want to pave
the entire site, however they would be willing to add additional sidewalks if requested by the Council.
February 24, 2003
Page 3 of 5
Brad Lambert, 2987 Sprague Street President, Rockport Homeowners Association, submitted a letter
expressing a concern with water runoff into the Rockport water retention facilities. Mr. Lambert asked who
will be responsible for the service and maintenance should the catch basin fail, since the Karcher Creek
development will be utilizing their detention facilities. Mr. Lambert asked the city to prepare legal documents
requiring Karcher Creek Development equal responsibility for any catch basin failure.
Charlotte Delohi, 2946 Sprague Street, Rockport homeowner, also expressed a concern with the high water
tables within the Rockport Subdivision and water runoff from the Karcher Creek Development.
Richard Anderson, 2995 Sprague Street, Rockport Homeowner, stated there is a high water table issue
within Rockport Subdivision that needs to be addressed.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Ordinance No. 1879
amending the Port Orchard Zoning Ordinance No. 17 48 by amending the City of Port Orchard Zoning Map to
change the zoning classification of certain property, located adjacent to the north property line of Albertson's
Shopping Center at Olney Avenue and Mile Hill Drive, from R4.5 to R28-PRD as submitted and modified by
Olney Avenue LLC, represented by Richard Fitzpatrick, subject to conditions. Motion passed unanimously
with 5 ayes.
Councilman Clauson moved to adopt Resolution No. 2002 approving with conditions, the preliminary plat and
planned residential development of 40 single family attached home sites, located adjacent to the north
· ·---property-line-of-Aibertson's-ShOJ:>J:>ing·Gerlter-atGiney-Avet'll:le-anEl-Mile Hiii-D~ive,-krlown-as::rne·Highlands at-------
Karcher Creek, as modified with two additional conditions, seconded by Councilman Wyatt.
21. Sidewalks shall be prov;j:d'ed along the northern portion of the Access Road "A" extending
to Olney Avenue and west to the Feeder Road "B" and sections of sidewalks on the
northern half of lots 27 and 34 shall be allowed to be deleted.
22. The protective covenants shall contain a restriction prohibiting parking of boats or RV's
except within an enclosed garage.
Councilman Wyatt amended motion to require the section of private road located at the westerly end of
Access Road "A" be widened from the current 20' to a width of 28', seconded by Councilman Clauson.
Motion passed with 3 ayes and 2 nays. Council members Morrison and Geiger voting nay.
Council approved the original motion, as amended, adopting Resolution No. 2002 approving with conditions
the preliminary plat and planned residential development of 40 single family attached home sites, known as
The Highlands at Karcher Creek, as modified with the addition of three conditions No. 21, 22, and 23 as
follows: Motion passed with 3 ayes and 2 nays. Council members Morrison and Geiger voting nay.
1. All SEPA conditions and applicable code requirements shall be met.
2. The planning department recommends a minimum 10 foot separation between structures
to allow for circulation of light and air between structures.
3. The developer shall construct concrete sidewalks that are 5 feet wide, curbs and gutters
along the full length of the project along Olney Avenue.
4. To accommodate safe pedestrian amenity, a cross walk shall be provided and located
near the Kitsap Transit shelter and South Kitsap School District Bus stop.
5. To accommodate off-street parking, the project shall be designed with alleys, or an
alternative solution approved by the city engineer that satisfies the criteria for an uncluttered
appearance while accommodating parking.
6. To ensure public safety and to accommodate for road maintenance and adequate
circulation for support agency vehicles, the fire department shall approve all road
designs.
7. To bring the remaining section of Olney up to the condition of adjoining road segments,
February 24, 2003
Page 4 of 5
the developer shall overlay that section of Olney Avenue abutting the property for the full
width of Olney Avenue. Repaving will include striping, thermoplastic markings, and any
necessary road repairs.
8. There will not be any driveway access directly to Olney Avenue.
9. Prior to final plat approval, the developer shall pay the city $150.00 for one stop sign, one
dead end sign, and miscellaneous signs for street names and parking regulations.
10. Prior to final plat approval, the requirements for the streets, curbs, and sidewalks shall be
physically completed.
11. The project shall provide a playground area that is a minimum of 7,000 square feet,
which is owned and maintained by the homeowners association.
12. Prior to the city issuing the 25th building permit the playground shall be constructed and
open to the residents and maintained by the homeowners association.
13. Unless otherwise approved by the city engineer, the playground shall contain equipment
of commercial use quality with and include or be equivalent to at a minimum:
• A swing;
• A slide;
• A spring toy
• Impact resistance surface, as recommended by the manufacturer;
• A fence around the entire lot.
14. All utilities, except water appurtenances shall be underground.
15. Provide catch basins at the entrance from Olney Ave.
16. Covenants for the performance of the Erosion/Sedimentation Control Facility and
Stormwater Maintenance and Operation is required and must be submitted to the city for
- - ---------------app·roval-priorto-finarplat-approval. ---------- - -
17. The one fire hydrant shown on lot 38 needs to be relocated across the street between
lots 13 and 14.
18. Before construction may begin on any lot, fire flow and fire department vehicle access
must be provided.
19. Final plat approval will not be granted until the Annapolis Water District provides
concurrence that the water system is constructed to the satisfaction of the water district.
20. Final plat approval will not be granted until the Karcher Creek Sewer District provides
concurrence that the sewer system is constructed to the satisfaction of the sewer district.
21. Sidewalks shall be provided along the northern portion of the access road "A" extending
to Olney Avenue and west to the Feeder Road "B" and sections of sidewalks on the
northern half of lots 27 and 34 shall be allowed to be deleted.
22. The protective covenants shall contain a restriction prohibiting parking of boats or RV's
except within an enclosed garage.
23. The 20' road at the west end of access road "A" shall be increased to 28'.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved consent agenda as
follows:
a. Minutes of the February 10, 2003 regular city council meeting.
b. Claim warrants numbered 38649-38717 in the amount of $233,718.07.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the city to
retain McGavick Graves to assist the city in recouping the past and future clean-up expenses for 900
Mitchell Avenue. This will be an extra ordinary expense not covered by their retainer.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Application for
Public Event for Fathoms 0' Fun Carnival scheduled June 24, 2003 through July 6, 2003 and Fathoms 0'
Fun Parade scheduled June 28, 2003 with conditions as recommended by departmental staff.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved the Application
for Public Event for "Festival on the Bay'' as submitted by Fathoms 0' Fun, with the condition the event is
February 24, 2003
Page 5 of 5
scheduled for one day only and held the same day as Cruz 2003 which is August 10, 2003, and other
conditions as recommended by departmental staff.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the city
engineer to proceed with the installation of ADA ramps to the Pottery Avenue crosswalk at 2220 Pottery
Avenue and extend the median landscaping to include the Pottery Avenue crosswalk.
City Engineer Curies reminded Council of the March 3, 2003 7:30 PM, joint Study Session between the
city council and Port Orchard Planning Commission.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized a Water
Extension Agreement between the city and the residence located at 4537 Sidney Road.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council authorized the Mayor
to sign Change Order #1 with Selective Excavation for the Red Barn Demolition Project at 900 Mitchell
Avenue. This Change Order increases the contract price from $31,675.00 to $38,247.78.
City Engineer Curies discussed the city's Water Conservation Program, which will strongly encourages
city residents to reduce water usage particularly during the summer months. City Engineer Curies and
Councilman Clauson, complimented Jill Boltz, Administrative Secretary, for her outstanding efforts in
surveying other cities on their conservation programs and compiling a comprehensive report on what
other jurisdictions are doing to promote water conservation.
---------------en-motion-by-GetJneilwemaA-Pewers,-seeeAEleEl-ey-GetJAeilmaA-Mer-r-iseA,-Gel:lAdl-a~;~tt:l0r:i-zed--tl:le-Mayor-----
to send a letter to the Kitsap County Commissioners supporting the expansion of the Urban Growth
Boundaries as associated with the Port Orchard Industrial Area.
At 9:55 PM Mayor Weatherill adjourned the city council meeting.
\.--JIM_~~)
Michelle Merlino, Deputy City Clerk ESLIE J. WEATHERILL MAYOR