11/25/2002 - Regular - Minutes-Regular SessionPort Orchard, Washington
November 25, 2002
Council of the City of Port Orchard, Washington, called to regular session by Mayor Protem Don Morrison at
7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger,
Rider, and Cramer. Councilwoman Powers excused. Staff present: Police Chief Townsend, City Engineer
Curies, City Planner Wenman, City Treasurer Tompkins, Court Administrator Hunt, City Attorney Amann,
City Clerk Parks and Deputy Clerk Merlino.
Councilman Cramer led the audience and Council in the Pledge of Allegiance.
Mayor Protem Morrison asked for audience comments for items not listed on this agenda. No comments
were received at this time.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted the Festival of
Chimes and Lights 2002 budget as set forth in Resolution No. 1997:
• Light Show $6,400.
• Advertising $5,200.
• Sound System for choir $ 400.
• Canopies for the Choir $ 400.
• Rental Equipment $2,100.
TOTAL BUDGET $14,500.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council granted the Festival of
Chimes and Lights Committee the authority to operate their budget through a checking account.
Mayor Protem Morrison reopened the continued 7:35 PM Public Hearing regarding an Application for
Preliminary Plat as submitted by Richard and Karen Berg for property located in the vicinity of 215 Wilkins
Drive. (Continued from March 25, 2002; May 28, 2002 and August 26, 2002 City Council Meetings)
Reid Muller, representing applicants, presented letter requesting an extension of the Public Hearing to
April 14, 2003 to complete and resolve all issues currently in front of this project prior to City Council
presentation.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council continued this Public
Hearing to April14, 2003 at 7:35PM.
Mayor Protem Morrison opened the 7:35 PM Public Hearing regarding an 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 Avenue LLC, owner and applicant. Subject property is
located adjacent to the north property line of Albertson's Shopping Center at Olney Avenue and Mile Hill
Drive. LEGAL DESCRIPTION: Exhibit "A"
City Planner Wenman presented staff report outlining the location and project amenities along with
Planning Commission's recommendations. Planning Commission recommended approval of the zoning
reclassification from R4.5 to R20 and also recommended approval of the 50-lot Planned Residential
Development (PRO) with one recommended condition of approval stricken #5 -To accommodate off
street parking, the project shall be designed with alleys, or an alternative solution approved by the City
Engineer that satisfied the criteria for an uncluttered appearance while accommodating parking.
Mayor Protem Morrison asked for audience comments from those in favor of the proposed request to
develop a 4.89 acre parcel into a 50-lot Planned Residential Development (PRO) together with a Rezone
from R4.5 to R20.
November 25, 2002
Page 2 of 3
Craig Baldwin an engineer from Westsound Engineering, representing the property owner, discussed in
detail the townhouse/duplex zero-lot line setbacks proposed for the 50-lot Planned Residential
Development (PRO). Mr. Baldwin also requested a zoning reclassification from R4.5 to R20 to allow for
higher density. Also discussed in detail were the parking concept and stormwater detention.
Rick Fitzpatrick, proponent and property owner, thanked City Planner Rob Wenman, City Engineer Curies
and city staff for all their help with putting this project together. Mr. Fitzpatrick discussed the many
amenities of this project, including parking, stormwater detention and the importance of this project to the
community.
Mayor Protem Morrison asked for audience comments against the proposed request to develop a 4.89
acre parcel into a 50-lot Planned Residential Development (PRO) together with a Rezone from R4.5 to
R20.
Brad Lambert, 2987 Sprague Street and Rockport Homeowners Association member, expressed the
following concerns:
• The proposed rezone from R4.5 to R20 is too high for this project;
• Streets too narrow, proposed project does not allow for street parking;
• The developments below this proposed project cannot be expected to take the water runoff
through their detention ponds;
• Noise levels may become excessive if basketball or tennis courts are placed on the detention
pond vault.
In conclusion, Mr. Lambert supported the townhouse/duplex concept, but not the proposed level of
density.
John Comstock, 2971 Sprague Street, spoke in opposition to the proposed rezone designation and
proposed Planned Residential Development (PRD); specifically due to water runoff and the proposed
higher density could result in property values decreasing.
Mayor Protem Morrison asked for further audience comments either for or against the request to develop
a 4.89-acre parcel into a 50-lot Planned Residential Development (PRD) together with a Rezone from
R4.5 to R20. As no further audience comments were received, Mayor Protem Morrison closed the public
input portion of this Public Hearing and referred the applications to the Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the application for
a Zone Reclassification (R-1143) from R4.5 to R20 for a 4.89 acre parcel located adjacent to the north
property line of Albertson's Shopping Center at Olney Avenue and Mile Hill Drive.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council denied the 50-lot Planned
Residential Development (PRD) SUBDIV. 02-01, as presented and submitted by Olney Avenue LLC,
owner and applicant, for a specific parcel located adjacent to the north property line of Albertson's
Shopping Center at Olney Avenue and Mile Hill Drive, due to the Planned Residential Development
(PRD) did not meet the specific criteria as follows:
• The PRD did not preserve unique or sensitive physical features such as steep slopes and views,
and retain natural vegetation, and/or
• The PRD did not provide more open space and recreational amenities than would be available
under conventional land development practices, and/or
• The PRD did not utilize creative 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, and/or
• The PRD did not specifically demonstrate its benefit to the surrounding neighborhood and
community at large.
At 9:15PM Mayor Protem Morrison called for a 1 0-minute recess with meeting reconvening at 9:25PM.
November 25, 2002
Page 3 of 3
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved consent agenda
items as follows:
a. Minutes of the November 12, 2002 regular City Council meeting, as corrected and distributed
b. Claim warrants numbered 38149-38220 in the amount of $84,533.33.
c. Approval of Firework Stand Permit for New Year's Eve, submitted by Rochelle's Fine Fabrics
located at South Kitsap Mall parking lot.
d. Authorization for the Mayor to · sign lnterlocal Agreement between State of Washington,
Department of Corrections and the City of Port Orchard.
e. Resolution No. 1999 authorizing the Mayor to sign the Flower Meadows Developers Extension
Agreement.
f. Resolution No. 2000 authorizing the Mayor to sign Amendment No. 1 to the agreement for
Purchase and Sale of Assets of McCormick Water Company, Inc.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Application for
Public Event, submitted by Don Morrison, et al, for the 41h Annual Festival of Chimes and Lights on
Saturday, December 7, 2002 from 4:00pm to 8:00pm located at City Hall and the Port of Bremerton Boat
Launch.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the additional
$21,253.00 STP(N) funds be allocated to the Bay Street/Frederick Avenue Intersection Improvement
Project.
City Treasurer Tompkins reminded the Mayor Protem Morrison and City Council of the 7:30 PM Public
Hearing on December 2, 2003 regarding the 2003 City Budget.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the Mayor to
sign the final Change Order No. 1 in the amount of $4,452 for the 2002 Sidney Avenue Sewer Main
Project.
On motion by Councilman Geiger, seconded by Councilman Rider, Council authorized the Mayor to
extend the contract with the Shea Group, who is designing the Bay Street/Frederick Avenue Intersection
Improvement Project.
At 9:50 PM Mayor Protem Morrison adjourned the City Council meeting.
Michelle Merlino, Deputy City Clerk &~. DON MRfs()N,MAYOR PROTEM
.. -1,.
November 25, 2002
EXHIBIT "A"
lEGAL DESCRIPTION:
THAT PORTION OF THE NORTHEAsT QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 25, TOWNSHIP 24 N.ORTH, RANGE 1 EAST, W~M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS NORTH 0°31'47" EAST662.4 FEET FROM THE SOUTHEAST
CORNER OF SAID SECTION 25, SAID POINT BEING THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION ;
THENCE CONTINUING NORTH 0°31'47" EAST 331.2 FEET;
THENCE NORnt 88°31' WEST 666.7 FEET;
THENCE SOUTH 0°41' WEST 331 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; ·
THENCE SOUTH 88°20'30" EAST 666.7 FEET TO THE POINT OF BEGINNING;
EXCEPT OLNEY ROAD ON THE EAST SIDE;
EXCEPT THE SOUiH 125 FEET THEREOF;
ALSO THE SOUTrl 129 FEET OF THE FOLLOWING DESCRIBED TRACT:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M:, LYING WEST OF OLNEY
ROAD;
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT A POINT WHICH IS NORTH 0°31'47" EAST 662.4 FEET FROM THE SOUTHEAST
CORNER OF SAID SECTION 25, SAID TOWNSHIP AND RANGE;
THENCE NORIH 0!31'47" EAsT 331.2 FEET;
. THENCE NORTH 88°31' WEST 666.7 FEET;
THENCE SOUTH 0°41 WEST 331.0 FEET;
THENCE SOUTH 88°29'30" EAST 667.7 FEET TO THE Pi.ACE OF BEGINNING;
EX¢EPTTHEREFROM OLNEY ROAD ON THE EAST SIDE;
SITlJ.ATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. R E C E J V E D_._
CITY OF PORT ORCHARD
PUBLIC WORKS