12/23/2002 - Regular - MinutesPort Orchard, Washington
December 23, 2002
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, Powers,
and Cramer. Councilman Rider excused. Staff present: Police Chief Townsend, City Planner Wenman,
City Attorney Combs, City Clerk Parks, and Deputy Clerk Merlino.
Councilman Clauson 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.
Ron McAffee, Director Kitsap 911 (CENCOM) and Dave Magnenat, Deputy Director Kitsap 911 (CENCOM)
presented the proposed countywide 1/10th of 1% sales tax measure, which CENCOM is planning to submit
for the April 22, 2003 ballot. Mr. Magnenat stated that in response to citizen input, CENCOM is proposing
this ballot measure as an optional sales tax proposal to spread funding responsibility among all taxpayers
rather than a property tax where the funding responsibility is carried only by the property owners. Mayor
Weatherill and Council thanked Mr. McAffee and Mr. Magnenat for their presentation.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council directed staff to schedule a
public form discussion on the January 13, 2003 City Council agenda to provide for an open debate by those
supporting or op~osing CENCOM's proposed ballot measure. The City Council may consider a resolution to
support the 1/101 of 1% optional sales tax measure after the public forum discussion.
On motion by Councilman Wyatt, seconded by Councilman Morrison, Council elected Councilwoman
Powers as Mayor Pro-tem for 2003.
Dick Myers, representing AMCO Homes, addressed Council requesting a waiver of the city's street standards
for development of Lovell Street, stating the subject street is a short dead-end street and will serve a limited
amount of residents. Mr. Myers introduced Norman L. Olson II, Project Engineer, who gave a brief summary
of Mr. Myers request.
Councilman Morrison, Chair Street/Alley Committee asked Mayor Weatherill to hold discussion on Mr. Myers
request for a variance of city street standards over to the January 13, 2003 City Council meeting. This would
allow the City Engineer an opportunity to be present and address current city street standards.
City Attorney Combs advised the Mayor and City Council the request for a variance from street standards
requirements as presented by Mr. Myers and Mr. Olson does not meet the legal requirements, which need to
be fulfilled before the City Council can consider a variance from current standards.
MayorWeatherill introduced applications for a Comprehensive Plan Map Amendment File No. CA-10-02 and
Zone Reclassification R-1139, as submitted by Lowell Street Properties, Dwight Street Properties, and
Warren and Alice Van Zee, proponents. The City Council held a Public Hearing on this application
December 9, 2002.
City Planner Wenman presented the staff report indicating the subject properties (601, 609, 613, and 623
Dwight Street) are located on the north side of Dwight Street between Austin and Cline Avenues. The
proponents are asking to designate the subject properties as Commercial on the Comprehensive Plan Map
and reclassify the zoning designation to Mixed Use to support a future intended use as professional offices.
City Planner Wenman discussed staff recommendations for approval of a mapping revision to re-designate
the subject properties from High Density Residential to Commercial, and for approval of a zone
December 23, 2002
Page 2 of 6
reclassification from R8 to Mixed Use Commercial to be consistent with goals of the community, with the
following conditions:
• The uses be limited to Professional Office/Mixed Residential type uses.
• That future conversions of the residential units or redevelopment to construct professional office
mixed use development is subject to Site Plan review, that will detail site plan layout, landscaping,
building design, storm water and traffic/access improvements.
City Planner Wenman stated this proposed Comprehensive Plan Map Amendment and Zone Reclassification
have been reviewed by the Planning Commission and received a recommendation for denial, based on their
determination that the Comprehensive Plan Map Amendment and the Zone Reclassification are inconsistent
with the goals of the Comprehensive Plan.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved Comprehensive
Plan Map Amendment CA-1 0-02 re-designating the subject properties from High Density Residential to
Commercial, and approved Zoning Reclassification Application R-1139 from R8 to Mixed Use Commercial to
be consistent with goals of the community, with the following two conditions. (Motion passed with 5 ayes and
1 nay Councilman Cramer voting nay.)
• The uses be limited to Professional Office/Mixed Residential type uses.
• That future conversions of the residential units or redevelopment to construct professional office
mixed use development is subject to Site Plan Review, that will detail site plan layout, landscaping,
building design, storm water and traffic/access improvements.
Mayor Weatherill presented 2002 Comprehensive Plan Map Amendment Application CA-12-02, Kitsap
County Administration, proponent. The City Council held a Public Hearing on this application December 9,
2002.
City Planner Wenman presented the staff report indicating the properties are located on the south side of
Dwight Street between Austin Avenue and Cline Avenue. The proponents are asking to designate the
subject properties as Public and Community Spaces to support the submittal of a future rezone application
from R8 to Public Facilities together with a site development proposal to construct a public administration
building on this site. He outlined staff recommendations to re-designate the subject properties from High
Density Residential to Public and Community Spaces on the Comprehensive Plan Map, to be consistent with
the intent of Resolution No. 1918 and the goals of the community and adopted City Comprehensive Plan,
subject to the following condition: That Kitsap County develop a Master Plan for the entire block to be
submitted to the City for further consideration.
City Planner Wenman advised the proposed amendment has been reviewed by the Planning Commission
and received a recommendation for approval with the deletion of Staff Report Finding No. 9 as follows: +Re
area has been transitioning to a mix of professional office, commercial and multi family, in a mixed use setting
'Nith existing single family residences. Acijacent parcels to the south and east are currently O'Nned and
utilized by Kitsap County providing office space and parking.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council concurred with Staff Report
Findings and approved the application for Comprehensive Plan Map Amendment CA-12-02 to re-designate
properties located along the north one-half of the block between Cline Avenue and Austin Avenue, Division
Street and Dwight Street from High Density Residential to Public and Community Spaces, with the deletion of
Staff Report Finding No. 9.
Mayor Weatherill referred to 2002 Comprehensive Plan Map Amendment Application, CA-11-02, City of Port
Orchard, proponent. The City Council held a Public Hearing on this application December 9, 2002.
December 23, 2002
Page 3 of6
City Planner Wenman stated the City is proposing revisions to the City's Comprehensive Plan Map that will
apply the adopted Medium Density Residential Land Use Category (8-12 dwelling units per acre) to selected
properties citywide. This will be applied primarily to certain properties currently designated as High Density
Residential and Zoned R8, but also includes other select properties citywide. City Planner Wenman outlined
staff recommendations as follows:
1. That the City Council find Comprehensive Plan Citywide Map Amendment CA-11-02 to be consistent
with the intent of State Growth Management Act Goals, and the City's goals and policies of the
community and adopted Comprehensive Plan.
2. That the Draft Map reflects the intent of the Comprehensive Plan Land Use Category for Medium
Density Residential, as approved by Ordinance No. 1807.
3. That the mapping will fulfill the objective of Ordinance No. 1807 to provide for a greater distinction
between residential housing types and densities, promote home ownership and preservation of
housing stock.
4. Authorize city staff, in conjunction with the City Planning Commission, to prepare a revision to the
City's Zoning Map and other implementing regulations as necessary for City Council review and
approval.
City Planner Wenman advised Council the Planning Commission has reviewed the proposed amendment
and has recommended denial of the proposed Medium Density Residential Comprehensive Plan Mapping, to
allow the Planning Commission an opportunity to consider the mapping with greater scrutiny in 2003.
Councilman Clauson moved to approve Comprehensive Plan Map Amendment Application CA-11-02 to
apply Medium Density Residential Land Use Category (8-12 dwelling units per acre) to selected properties
citywide based on city staff recommendations 1-3 with #4 stricken as follows. Motion seconded by
Councilman Geiger and approved by a vote of 5 ayes and one nay. Councilman Cramer voting nay.
1. That the City Council find Comprehensive Plan Citywide Map Amendment CA-11-02 to be consistent
with the intent of State Growth Management Act Goals, and the City's goals and policies of the
community and adopt the proposed Comprehensive Plan.
2 That the Draft Map reflects the intent of the Comprehensive Plan Land Use Category for Medium
Density Residential, as approved by Ordinance No. 1807.
3. That the mapping will fulfill the objective of Ordinance No. 1807 to provide for a greater distinction
between residential housing types and densities, promote home ownership and preservation of
housing stock.
4. Authorize city staff in con:iunction with the City planning Commission prepare a revision to the City's
zoning Map and implement regulations as necessary for City Council Revimv and approval.
Mayor Weatherill referred to applications for a Comprehensive Plan Text and Map Amendment CA-13-02
and Zone Reclassification R-1141, City of Port Orchard, proponent. The City Council held a Public Hearing
on this application December 9, 2002.
City Planner Wenman stated the City is proposing a new Comprehensive Plan Land Use Category of
Greenbelt to correspond with the Greenbelt Zoning category. Those lands that meet the criteria will be
mapped as "Greenbelt" on the Comprehensive Plan Map. The Greenbelt designation reflects an area that
has a high percentage of critical area on an area-wide basis. City Planner Wenman presented staff
recommendations to approve the Comprehensive Plan Text and Map Amendment CA-13-02, together with
Zone Reclassification Application R-1141 to be supportive of the community's interest in protecting the
character of the City's remaining open space areas that add to the preservation of the significant streams and
December 23, 2002
Page 4 of 6
associated fish and wildlife habitat, which is important to the heritage of the City. Further, that the
amendment is found to be consistent with the intent of the State Growth Management Act Goals and the
City's goals and policies of the community.
City Planner Wenman advised Council that the Planning Commission has reviewed the proposed
amendments and recommends approval of the proposed Greenbelt Text and recommends denial of the
mapping objectives and proposed map. The Planning Commission also requested the mapping issues be
remanded back to the Planning Commission for reconsideration in 2003.
At 9:30 PM Mayor Weatherill called for a 1 0-minute recess with meeting reconvening at 9:40 PM.
On motion by Councilwoman Powers, seconded by Councilman Geiger, Council approved the revisions to
the Comprehensive Plan Text as presented in CA-13-02, providing a new land use category of "Greenbelf'.
Motion passed with 5 ayes and 1 nay. Councilman Cramer voting nay.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the amendment to
the City's Comprehensive Plan Map, providing a new land use designation of "Greenbelf'. Motion passed
with 5 ayes and 1 nay. Councilman Cramer voting nay.
Note: No action was taken on Zone Reclassification Application R-1141. Specific Zoning Map revisions will
be presented when map is available depicting properties that meet Greenbelt mapping criteria.
Mayor Weatherill presented 2002 Comprehensive Plan Map Amendment Application, Planning File No. CA-
14-02, and Zone Reclassification Application R-1142, Evergreen Pacific Foundation, proponent. The City
Council held a Public Hearing on this application December 9, 2002.
City Planner Wenman reviewed applications as submitted by Evergreen Pacific Foundation and Chrismarian
Partners. The subject properties are approximately 1 04 acres located on the plateau of the Ross Point
peninsula, abutting SR 166 to the north and west, SR-16 to the south, and the Ross Creek corridor along the
eastern boundary. The proponents are seeking to develop an urban residential community with a mix of
single family detached and attached housing types and styles. The application(s) propose revising the
Comprehensive Plan Map Industrial designation to Medium Density Residential together with a rezone from
R4.5 to R8 for the subject parcels. The Planning Commission has reviewed the proposed amendments and
has recommended approval of the proposed Comprehensive Plan Amendment and Zone Reclassification.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Planning Commission
Resolution No. 329-02, with conditions, as their own and approved Comprehensive Plan Map Amendment
Application CA-14-02 to re-designate land from Medium Density Residential/Industrial to Medium Density
Residential for approximately 44 acres located on the plateau of the Ross Point Peninsula, abutting SR 166
to the north and west, SR-16 to the south, and the Ross Creek corridor along the eastern boundary, as
submitted by Evergreen Pacific Foundation, proponent.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Zone Reclassification
Application R-1142 authorizing a zoning designation change from R4.5 to R8 for approximately 104 acres
located on the plateau of the Ross Point peninsula, abutting SR 166 to the north and west, SR-16 to the
south, and the Ross Creek corridor along the eastern boundary, with conditions as set forth in Planning
Commission Resolution No. 329-02. Evergreen Pacific Foundation and Chrismarian Partners, proponents.
Mayor Weatherill introduced 2002 Comprehensive Plan Map Amendment Application, CA-15-02, Chuck and
Marguerite Childress, proponents. The City Council held a Public Hearing on this application December 9,
2002.
December 23, 2002
Page 5 of6
City Planner Wenman advised the site is located at the northwest intersection of Tremont Avenue, and
Canyon Court, bound by SR-16 along the west, and Ross Creek along the east boundary. The proponents
are requesting a Comprehensive Plan Map Amendment to re-designate the subject property from Low
Density Residential to Medium Density Residential. The Planning Commission has reviewed the proposed
amendment and has recommended denial of the proposed amendment.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved Comprehensive Plan
Map Amendment CA-15-02, with the revision that the northern developable portion of the property as outlined
by planning staff be designated Medium Density Residential on the Comprehensive Plan Map to be
consistent with the citywide mapping as reflected in Comprehensive Plan Map amendment CA-11-02
(Medium Density Residential designation) and that the remainder would retain the current zoning designation
and Comprehensive Plan Designation of Greenbelt to be consistent with citywide mapping as reflected in
Comprehensive Plan Map amendment CA-13-02 (Greenbelt designation). Motion passed with 5 ayes and 1
nay. Councilman Cramer voting nay.
City Planner Wenman presented two additional proposed Comprehensive Plan Map Amendment requests
that were received during the Planning Commission comment period.
Chuck and Marguerite Childress submitted a site-specific request seeking to include four parcels of property
in the citywide mapping of the Medium Density Residential Land Use category as reflected in CA-11-02. Mr.
and Mrs. Childress are requesting the four parcels, that are currently zoned as Greenbelt and proposed to be
mapped Greenbelt on the Comprehensive Plan Map (CA-13-02) be designated as Medium Density
Residential on the Comprehensive Plan Map. Subject properties are located adjacent to Pottery Heights and
Cedar Canyon Estates and are contained within 4 tax parcels 3424011-1-029-2002; 342401-4-062-2004;
342401-4-080-2002 Lot B; and 342401-4-082-2000 Lot D.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council modified and approved the
request as submitted by Chuck and Marguerite Childress authorizing the parcel adjacent to Pottery Heights
and contained within Parcel No. 342401-4-082-2000 to be re-designated as Medium Density Residential, with
the remaining parcels that contain steep slope areas to retain their Greenbelt Designation.
City Planner Wenman presented request submitted by Jack and Fern Perelli in response to the citywide
mapping of the Medium Density Residential Land Use category. The request is a site-specific request to
map a tax parcel #352401-2-004-2008 as Medium Density Residential (Short Plat S1117-3/28/2001
changed this tax parcel number to #352401-2-080-2005; #352401-2-081-2004; #352401-2-082-2003; and
#352401-2-083-2002) generally located south of Bay Street off Caseco Lane and north and adjacent to the
Plat of Heron Ridge. The property currently has a Comprehensive Plan Map designation of Low Density
Residential and is zoned R4.5.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved to deny request as
submitted by Jack and Fern Perelli to map four tax parcels #352401-2-080-2005; #352401-2-081-2004;
#352401-2-082-2003; and #352401-2-083-2002 generally located south of Bay Street off Caseco Lane and
north and adjacent to the Plat of Heron Ridge as Medium Density Residential.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council approved consent agenda
items a, b, d, e, and f as follows: (Item c was removed for further discussion: c. Proposed Ordinance No. 1879
amending Port Orchard Zoning Ordinance No. 1748 by amending the City of Port Orchard Zoning Map to change the
zoning classification of certain property from R4.5 to R20.)
a. Minutes of the November 12, 2002 regular City Council meeting, as corrected and distributed.
b. Claim warrants numbered 38299-38362 in the amount of $293,038.24.
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Page 6 of 6
d. Ordinance No. 1880 repealing Port Orchard Municipal Code Chapter 3.48 regarding Emergency
Medical Services Six-Year Special Levy Fund-1980.
e. Ordinance No. 1881 amending the budget for the year 2002, ordering appropriation of funds and
authorizing a budgetary transfer.
f. Authorization for the Mayor to sign 2003 Animal Control Services Agreement -No term change,
except 3% increase in monthly rate.
By consensus, council members set December 30, 2002 at 7:30 pm as date and time for a Special
Meeting. The purpose of this Special Meeting is to hold the annual Good Neighbor Award Holiday Lights
Tour. Council members will meet at City Hall with the tour vehicle leaving at 7:30P.M. Interested citizens
or staff who would like to participate should contact the City Planner prior to noon on Monday, December
30 to assure the tour vehicle has adequate capacity to accommodate everyone.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council tabled for further review,
proposed Ordinance No. 1879 which would amend 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 R20-PRD and would also approve a planned residential development of 50 residential
lots of duplexes with zero lot line setbacks.
Mayor Weatherill asked for Council's concurrence on the appointment of Annette Stewart to the Port
Orchard Planning Commission.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council confirmed Mayor
Weatherill's appointment of Annette Stewart to the Port Orchard Planning Commission. Ms. Stewart will
fill the vacant Planning Commission position with her term expiring December 31, 2006.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the Mayor to
sign Change Order #1 with The Shea Group for the Bay Street/Frederick Street Intersection Project in the
amount of $7,673.36. Motion passed with 5 ayes and 1 nay, Councilman Cramer voting nay.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council declared the residence
located at the Wastewater Treatment Facility on Beach Drive and appliances located within the residence
as surplus to the needs of the City and authorized disposal of the house and appliances in the best
interest of the City.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized Karcher Creek
Sewer District to install a recreational vehicle sewer dump facility at the Port Orchard Eagles property on
Lund Avenue, with the proviso that there is a length of use agreement guaranteeing the public use of the
recreational vehicle sewer dump facility for a suitable length of time.
:;;;:;:~~dfueC~Council mreting.t£~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL MAYOR