05/22/2000 - Regular - MinutesPort Orchard, Washington
May 22,2000
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Morrison, Wyatt, Geiger, Powers, Van Zee, and Stansbery. Staff present: Police Sergeant Duncan,
Deputy Clerk Merlino, City Planner Wenman, City Clerk Parks, City Engineer Curies, and City Attorney
Loren Combs.
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 response was
received at this time.
Keith Folkerts, representing Kitsap County presented an update on 2514 Watershed Planning project. Mr.
Folkerts presentation gave a brief overview of the background, planning processes, phases, time line and the
outcome of this project, which was initiated through SB 2514.
Mayor Weatherill asked City Planner Wenman to give staff report on project proposed regarding the
application for a Zone Reclassification, for property located at 219 Tracy Avenue North, as submitted by
Frank and Fred Olin. This is the subject of the 7:35PM Public Hearing.
City Planner Wenman gave a brief background and outline of the proposed project and discussed the
Planning Commission's recommendation for denial of this application.
City Attorney Combs summarized the "appearance of fairness" doctrine and asked if any council member has
a conflict which would prevent a fair and unbiased ruling on this proposed zoning reclassification.
Councilman Wyatt advised he has relatives living within the 300' of the proposed zoning reclassification area
and Councilman Van Zee disclosed he owns property within the 300' area. Councilmen Wyatt and Van Zee
asked to recluse themselves from this Public Hearing process.
Councilman Morrison advised he lives outside the 300' radius of the proposed zoning reclassification, but
within the general area and acknowledged he could make a fair and unbiased decision on this application.
Councilman Clauson disclosed a conversation with an adjacent property owner and acknowledged he also
could make a fair and unbiased decision on this application.
City Attorney Combs asked if anyone in the audience objected to either Councilmen Morrison or Clauson
participating in the Public Hearing process. No objections were received.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a Zone Reclassification
from R4.5 to R20 to develop a four-unit condominium complex, as submitted by Fran and Fred Olin, owners
of record. The project site is located at 219 Tracy Avenue North. LEGAL DESCRIPTION: SE Y., NW Y.,
Section 25, Township 24, Range 1 East, portion of Government Lot 2. Annapolis Block 010, Lot 2 and 3.
James Tracy, attorney representing applicant, discussed the implementation of the Growth Management Act
and the effects of this Act and the comprehensive plan designations. Mr. Tracy stated the Council should
listen to the neighboring property owners, however based on the Growth Management Act criteria, their final
decision cannot be swayed by the voice of the neighborhood. Mr. Tracy suggested two additional conditions
of approval to mitigate concerns voiced by neighbors at the Planning Commission public meeting.
(1) To help alleviate traffic congestion in the area, traffic calming devices will be installed.
(2) No outdoor storage of recreational vehicles will be allowed on site.
Mayor Weatherill called for audience comments either for or against the proposed application for a Zone
Reclassification for property located at 219 Tracy Avenue North.
May 22,2000
Page2 of4
Dee Fitzgerald, 314 Tracy Avenue North, spoke in favor of the proposed project and multiple family
residences in the area.
LB. Bullard, 228 Tracy Avenue North, submitted a letter of objection into record, expressing a concern with
multiple dwelling units being placed on a small lot and within a single-family neighborhood.
Jim McCready, 139 Tracy Avenue North, also spoke in opposition and read into record a letter from Charles
and Elaine Naddec, 205 Tracy Avenue North. Mr. and Mrs. Naddeo expresssed a concern with the project
site being to small to accommodate a large structure and also loss of privacy in the neighborhood due to
increase of people and traffic.
Gaila Pertuset, 216 Tracy Avenue North, requested Council to deny this application due to the increase in
traffic, noise, and expresssed a concern with potential loss in property values.
Norma Roland, 236 Tracy Avenue North, expressed a concern with spot zoning and a change in the quality
of the neighborhood.
Tom Young, 1919 Guy Wetzel, advised the proposed project is within 8 feet of his property and voiced
concerns about loss of privacy, parking, and reduction in property values.
Inez Wolf, 223 Tracy Avenue North, also spoke in opposition to the proposed project and further expressed a
concern with increase noise and odors due to the location of the garbage receptacles and the close proximity
to her home.
Jim Tracy, attorney representing applicant, gave a brief rebuttal and assured the neighbors present all
required parking will be on site and further assured Council the garbage receptacles can be moved and
placed on site to reduce any noise and odors to adjacent property owners.
City Attorney Combs asked staff to place into record the Sinclair Sunset View Condominiums Rezone R-1133
Council packet. Mr. Combs also noted for the record a correction to the address listed in the Council packet,
the site address is 219 Tracy Avenue North.
Mayor Weatherill asked for additional audience comments either for or against the proposed application for a
Zone Reclassification as submitted by Fran and Fred Olin for property located at 219 Tracy Avenue North.
As no response was received, Mayor Weatherill closed the public input portion of the Public Hearing and
referred this matter to Council for their consideration.
On motion by Councilman Stansbery, seconded by Councilman Geiger, Council approved the application
for a Zone Reclassification from R4.5 to R20 to develop a four-unit condominium complex, as submitted
Fran and Fred Olin, owners of record with the following 15 conditions. The site is located at 219 Tracy
Avenue North. Motion passed with 3 ayes and 2 nays. Councilmembers Powers and Morrison voting
nay.
1. The property shall be surveyed prior to the issuance of a building permit.
2. No concrete structures shall be constructed in the right-of-way unless specifically approved by the
City Council.
3. Parking spaces in the right-of-way shall be paved.
4. The stormwater system shall comply with the City ordinance and be designed by a professional
engineer.
May 22,2000
Page 3 of4
5. The parking lot in the right-of-way shall include a catch basin as part of the stormwater system.
6. The on-site parking lot and roof drains shall be connected to the property's stormwater system.
7. The building shall be designed so that the third fioor water supply is approximately 60 pounds per
square inch.
8. The property shall upgrade the City's water system to meet the minimum fire flow requirements, if
necessary.
9. A sewer clean out shall be installed at the edge of the property.
10. No sign shall be erected without the City's Engineering Department approval and issuance of a
building permit.
11. The proposed landscaping of the project meets the requirements of the Zoning Ordinance and is
recommended for approval as submitted.
12. To reduce impact the to school system, mitigation fees will be paid at the time of building permit
issuance, it the City adopts a general implementing ordinance for school impact fees prior to the
date that a complete building permit is accepted. The proponent can also mitigate the impact to
the school system by negotiating a settlement with the South Kitsap School District.
13. The following item will be included in the Sinclair Sunset View Condominium, Covenants Conditions
and Restrictions, (CC&R's):
o No outdoor storage of recreational vehicles or boats will be allowed on site.
14. Traffic calming devices, such as two speed humps will be installed by the developer, if required by
the City Engineer.
15. Relocate garbage receptacles to meet standards of service provider.
Mayor Weatherill invited Councilmen Van Zee and Wyatt to return to their position on the Council table.
At 10:25 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 10:35 PM.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
1895 amending Resolution No. 1872 and City of Port Orchard Administrative Policy No. 100-018 and
reestablishing a policy for use of city electronic communication systems.
On motion by Councilman Morrison, Street/Alley Committee Chair, seconded by Councilman Clauson,
Council authorized the following changes to the downtown crosswalks:
o The crosswalks will be restriped
o Specialty signs will be placed at either end of the downtown corridor -"Stop For Me It's The
Law"
o Refiector buttons to enhance the crosswalk
On motion by Councilman Stansbery, seconded by Councilman Clauson, Council approved the consent
agenda as follows:
a. Minutes of the following Council meetings:
(1) May 8, 2000 regular Council meeting
(2) May 15, 2000 Study Session regarding Growth Management Issues
May 22,2000
Page 4 of4
(3) May 16, 2000 Study Session regarding special public meeting on Bay Street Sidewalk
Improvement Project.
b. Claim warrant numbers 32885-32961 in the amount of $407,363.00.
On motion by Councilman Stansbery, seconded by Councilman Van Zee, Council authorized the Mayor to
sign the grant application -COPS FAST Grant program which funds 75% of salaries and benefits for four
police officers for a three year period.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Application for
Public Even~ submitted by Fathoms 0' Fun Grand Parade, scheduled for June 24, 2000 located along
downtown Bay Street.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council approved Application for
Public Event, "March for Jesus" as submitted by Ron Boehme, scheduled for June 10, 2000 to be located
along downtown waterfront park and boardwalk.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council denied request as
submitted by Abundant Life Foursquare Church to place banners advertising a community event at the Bay
Street/Cline Street and Kitsap Street triangle and by the Tremont Welcome sign.
On motion by Councilman Van Zee, seconded by Councilman Morrison, Council authorized the city to accept
the Second Settlement Offer for the Louisiana-Pacific Inner-Seal Siding Litigation (LP siding) in the amount of
$6,518.10. This settlement is for the siding at the Fire Station located at 200 Tremont Street.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to
sign Petition to Annex property located at 2676 Harold Drive (RV Park) into the Annapolis Water District.
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council authorized city staff to
proceed with the distribution of the Kitsap Regional Coordinating Committee's letter. {Attachment "A")
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to
sign Agreement with the Department of Transportation regarding the detour during the closure of Ross Point.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized the Mayor to
sign the Kitsap County Career Development Center {formerly JPTA) Host Agency Agreement. This program
allows for temporary summer employment in the Public Works Department at no charge to the city.
At 10:53 PM Mayor Weatherill adjourned meeting.
~~~)
Michelle Merlino, Deputy City Clerk
M'~"M of thec:ity of PortOrchard, Ihav~ ·
c(>lllec:tiveefforts to comply with the Growth M<ma;gerner1f
negotia1tiOJG, COnfrontation, and COOperation between many diverse gT()U]:IS.
we are today. The population continues to increase, and the struggle to ba'lance.urlJarlaJld:' ••
rural demands are not yet over.
The City Council and I are deeply concerned at a trend that appears to have developed.
The comprehensive plan that was validated was based on a countywide perspective. The
disturbing trend is to have isolated sub area planning efforts substitute for comprehensive., .
countywide plarming. Currently, the following planning studies are completed or
underway:
•!• Suquamish Community Plan
•!• Kingston Sub Area Plan
•!• Port Gamble Community Plan
•!• Manchester Community Plan
•!• Port Blakely Sub Area Plan
•!• South Kitsap Industrial Area
•!• Anderson HilVBerry Lake Study Area
Each of these plans is focusing on the needs of a specific area. Meanwhile, we do not
have population estimates. The OFM estimates are not due until this summer. The census
data is more than a year away. It is my understanding that a strong argument will be made
to once again select the low population estimates. If we continue to under estimate our
population needs, we will continue to severely restrict our urban growth areas. Port .
Orchard's concern is that these previously selected plarn!ing efforts will have a claim on
the next population allocation. This approach defeats countywide plazu-ring efforts.
CITY HALL
216 Prospect
Administration (360) 876-4407
FAX (360) 895-9029 •
MUNICIPAL COURT
2 16 Prospect
(360) 876-1 701
FAX (360) 895-3071
POLICE DEPARTMENT
546 Bay street
(360) 876-1 700
FAX (360) 876-5546 f
PUBLIC WORKS DEPARTMENT
216 Prospect Street
(360) 876-4991
FAX (360) 876·4980
Attachment ''A 11
May 22, 2000
An important element of countywide planning is the buildable lands inventory. The
Countywide Planning Policies (1) state that we shall cooperatively determine the amount
of undeveloped buildable urban land needed. This policy shows that we once knew that
we had to look at our community on a global basis. The County GIS staff has not
completed this task, and we appear to be drifting further away from this fundamental
planning element.
The City Council and I feel that the comprehensive plan needs to be considered on a
countywide basis. It needs to be based on a valid buildable lands analysis, a realistic
population estimate, and regional discussion about employment centers. This incremental
approach through the sub area basis will prevent the KRCC from taking a global view of
the issues. This incremental approach will also exclude the property owners who do not
have the financial means to have completed these expensive studies and who come to the
local governments for UGA adjustment to discover that they were too late. Locking the
KRCC into isolated pre-determined growth pockets will also prevent us from adjusting
the urban growth areas to meet community needs.
Port Orchard is not saying stop the county's planning efforts. What we are saying is that
the planning efforts should not be guaranteed with population allocation. Once we know
the new estimates and decide upon the appropriate increase, then the KRCC should make
sure that the comprehensive plan is a countywide effort and not driven by previously
selected sub area plans.
There is another cost associated with these planning efforts. The County and cities have
finite resources and limited staff. Instead of focusing on the new population estimates,
these resources have been obligated to area plans. When the comprehensive plan was sent
forth, it was acknowledged that the population estimates were too low, but we had to use ·
them to satisfy the Hearings Board. Page 15 of the Comprehensive Plan states that it is
contemplated that the first annual amendment will update the Land Use Map to reflect
population forecasts for the 2013-2017 period. The planning directors decided that they
were too busy with other priorities to address this topic. I would propose that the
population estimates are fundamental to all planing aspects and are too important to be
ignored.
Leslie J. Weatherill
Mayor
r
KITSAP REGIONAL
Attachment "A"
May 22, 2000
COORDINATING COUNCIL J=·(:IT/~ ..
; ~
~ ~.--------------------?0 -.'t
\l.S 1
2000 Member Roster
DWIGHT SUTTON, MAYOR CHAIR
CITY OF BAINBRIDGE ISLAND
280 MADISON A VENUE N (206) 842-7633
BAINBRIDGE ISLAND WA 98110 FAX: 842-5741
TIM BOTKIN, COMMISSIONER
KITSAP COUNTY, MS-4
614 DIVISION STREET (360) 337-7146
PORTORCHARD WA 98366 FAX: 337-3932
CHRIS ENDRESEN, COMMISSIONER
KITSAP COUNTY, MS-4
614 DIVISION STREET (360) 337-7146
PORT ORCHARD W A 98366 FAX: 337-3932
CHARLOTTE GARRIDO, COMMISSIONER
KITSAP COUNTY, MS-4
614 DIVISION STREET (360) 337-7146
PORT ORCHARD W A 98366 FAX: 337-3932
DONNA JEAN BRUCE, MAYOR
CITY OF POULSBO
P OBOX98 (360) 779-3901
POULSBO WA 98370 FAX: 779-5112
LYNN HORTON, MAYOR
CITY OF BREMERTON
239 FOURTH STREET (360) 478-5266
BREMERTON WA 98337 FAX: 478-5883
LESLIE J. WEATHERJLL, MAYOR
CITY OF PORT ORCHARD
216 PROSPECT (360) 876-4409
PORT ORCHARD W A 98366 FAX: 895-9029
CAROL ARENDS, COUNCIL PRESIDENT
CITY OF BREMERTON
303 NORTH LAFAYETTE (360) 377-7559 (h)
BREMERTON WA 98312 FAX: 478-5251
LOIS CURTIS, COUNCILMEMBER
CITY OF BAINBRJDGE ISLAND
5789 CRYSTAL SPRJNGS DRIVE NE (206) 842-2333 (h)
BAINBRIDGE ISLAND W A 98110 FAX: 842-2333
MARY MCCLURE. PROGRAM DIRECTOR
25406 SoUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762
~ WWW.KITSAPREGIONALCOUNCIL.ORG
..
Attachment "A"
KITSAP REGIONAL May 2 2, 2ooo
COORDINATING COUNCIL l=' CIT/~>),
~ ~ ~ !---------------------------------------------?0 ....
\loS7
DAVID FARR, COUNCILMEMBER
CITY OF BREMERTON
2015 NORTH CAMBRIAN (360) 377-5268 (h)
BREMERTON WA 98312 FAX: 478-5251
SCOTT CROWELL
DIRECTOR OF COMMUNITY DEVELOPMENT
THE SUQUAMISH TRIBE
POBOX498 (360) 598-3311
SUQUAMISH W A 98392 FAX: 598-6295
MARIE HEBERT, TRIBAL COUNCIL SECRETARY
PORT GAMBLE S'KLALLAM TRIBE
31912 LITTLE BOSTON ROAD (360) 297-2646
KINGSTON, WA 98346 FAX: 297-7097
MARY MCCLURE, PROGRAM DIRECTOR PROGRAM DIRECTOR
KITSAP REGIONAL COORDINATING COUNCIL
25406 S KINGSTON ROAD (360) 377-4900
KINGSTON W A 98346 FAX: 297-7762
MARY MCCLURE, PROGRAM DIRECTOR
25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: {360) 297-7762
WWW.KITSAPREGIONALCOUNCIL.ORG