03/26/1979 - Regular - MinutesFort Orchard, Washington
March 26, 1979
Council of the City of Port Orchard, Washington called to regular
session by Mayor Paul D. Powers, Jr. Council members present: Eugene
Caldwell., Wilson, Lee Caldwell, Geiger, Miller and Clark. Also present:
Attorney Conoly, Engineer Knobbs, Fire Chief Weatherill and Police Chief
Mares.
Mayor Powers led the audience in the Pledge of Allegiance.
On motion by Councilman Lee Caldwell, seconded and carried, Council
approved the minutes of the March 12, 1979 meeting as circulated.
Sue Morris, General Chairman of Fathom's 'O Fun, requested Council
permission to use the east end of the waterfront parking lot for the
carnival, June 20-July 4, 1979. Councilman Wilson recommended matter
be placed in Committee for study. Mayor Powers referred matter to
Committee for study and recommendation at the April 9, 1979 meeting.
On motion by Councilman Eugene Caldwell, seconded and carried, Council
approved fathoms '0 Fun parade scheduled for June 30, 1979 and
authorized Chief of Police Mares to request permission of State Highway
Department to block traffic on Bay Street for the duration of this
parade.
At this time Mayor Powers opened Council discussion of Roland
application to amend City Comprehensive Plan and rezone application.
Clerk read proposed amendments to the City of Port Orchard Comprehensive
Plan.
Attorney Conoley informed Council that Stephen J. Crane, Attorney
representing opposition to applications submitted by Roland & Roland
for change in comprehensive plan and zone reclassification, had
submitted a letter voicing concerns of a legal nature regarding this
matter and at this time Mr. Crane would like to issue a protest that
no further input is being accepted by Council. Attorney Crane stated
his letter and list of concerns are of a legal nature and not "public
input".
Councilman Wilson stated that an inventory of existing Commercial,
Zoned property under construction or planned construction as set forth
in the Comprehensive Plan is needed to indicate if additional "Commercial"
property is desirable.
Councilman Geiger stated that the Finance Committee has discussed this
matter and it is their recommendation that additional "Commercial Zoned"
areas would be beneficial to the City and should be included in the
Comprehensive Plan.
Councilman Lee Caldwell stated that additional traffic volume around
this interchange would create congestion and other traffic problems.
Rezoning the Southwest _quadrant to Commercial General could create this
type of problem. A "Highway Commercial." zoning would create less
traffic problems however, Council can not amend or change the original
application for rezone to reflect a different classification of zoning.
The applicant would have to submit an application for rezone reflecting
whatever classification they would like Council to consider.
Councilman Eugene Caldwell stated that the Council has studied and
discussed this matter many hours and moved to concur with the Planning
Commission recommendation and approve amending the Comprehensive Plan
to reflect "Community Center Commercial" Zoning in all four quadrants
as indicated by the applicant. Seconded by Councilman Lee Caldwell.
Attorney for the Opposition, Crane, protested the Council conducting
any business at this time concerning this :natter to allow City Attorney
and applicant attorney an opportunity to consider his letter with
questions relative to procedure and legal process. City Attorney
Conoly advised Council that Attorney Crane's letter and concerns are
in legal form but are basically that same questions of procedure and
process that have been presented previously by this public.
Motion to approve revision of the Comprehensive Plan to reflect all
four quadrants of Roland property located at the intersection of
Sedgwick Road and SR 16 denied with four nays and 2 ayes. Council-
man Wilson, Geiger, Clark and Miller voting nay, Councilman Eugene
Caldwell and Lee Caldwell voting aye.
Councilman Geiger moved to amend Comprehensive Plan to reflect
"Community Center General. Zone" in the Southwest and Southeast
Quadrants of Roland property. Councilman Clark seconded.
Councilman Eugene Caldwell questions the restriction of two Quadrants
and allowing amendment to the Comprehensive Plan on the other two
Quadrants.
Councilman Geiger stated that the Northeast Quadrant has approximately
250 feet of creek conservation .lands and the Northwest Quadrant has no
direct access available.
Councilman Wilson moved to amend motion to consider only the Southwest
Quadrant. Motion died for lack of second.
Original motion to approve revision of the Comprehensive Plan to
reflect "Community Center Commercial" in the Southwest and Southeast
Quadrants. Carried with five ayes and one no. Councilman Wilson
voting no. Councilman Lee Caldwell, Eugene Caldwell, Geiger, Miller
and Clark voting aye.
Clerk read application for Rezone as submitted by Roland & Roland
for zone reclassification of their property located at the intersection
of SR 16 and Sedgwick Road (Southwest and Southeast Quadrants) from
Residential Low Density and Open Space to Commercial General.
Clerk read recommendation of Planning Commission relevant to Application
for Rezone as submitted by Roland & Roland for property located at the
intersection of SR 16 and Sedgwick Road, Southwest Quadrant, 13.63 acres
and the Southeast Quadrant, 16.29 acres. Recommendation sets forth
conditions, See attachment #1).
Councilman Eugene Caldwell moved to allow rezone to Commercial General
in the Southwest and Southeast Quadrants. Motion lost for lack of
second.
Councilman Eugene Caldwell moved to allow rezone to Commercial General
in the Southwest Quadrant of the Sedgwick & SR 16 intersection. Motion
died for lack of second.
Councilman Geiger moved to allow a non -project rezone to Commercial
General for the Southeast Quadrant of Roland property located at the
Sedgwick & SR 16 intersection, subject to conditions as follows:
1. An agreement shall be made binding the original developer,
successors or the association of tenants who may take over
completion of the development, to the conditions of the rezone --
land use regulation runs with land not the owner,
2. An environmental Impact Statement will be required for the non -
project areas prior to making any improvements on the property.
3. Public services and utility extensions should be located so that
no additional public costs are shifted to the general taxpayer
as a result of the city taking on the obligation of serving the
development. Costs required to provide adequate utilities and
services to developer's site shall_ be borne by developer, included
but not limited to design, plan review construction of extensions,
upgrading and improvements to existing water, sewer and street
systems that occur as a direct result of the development.
4. Ordinance 4999 (relating to the installation of fire hydrants and
mains supplying water for fire protection) shall be complied with.
S. Culverts or other drainage facilities shall be largo enough to
accomodate potential runoff from the entire upstream drainage area,
whether inside or outside rezone area. The City Engineer shall
determine the necessary size of the facility, based on provisions
of the construction standards and specifications assuming conditions
of maximum potential watershed.
6. Due to the accumulated effects of several projects and the area
involved and because of the fact that we are a volunteer Fire
Department, fire protection shall be built .into structures as
required by the Eire Marshal.
7. Land to be developed shall be of such character that it can be
used safely for building purposes without danger to health or
peril from fire, flood or other menace.
8. No construction shall be executed until plans have been submitted
and approved regarding the following public facilities that include
but are not limited to drainage, water, sewerage and capital
improvements, transportation facilities and or other facilities
that may be applicable.
9. When it is deemed necessary for the health, safety or welfare of
the present or future population of the area and necessary to the
conservation of water, drainage and sanitary facilities, develop-
ment shall_ be prohibited on any portion, of the property which
lies within flood plain or drainage course. These flood plain
areas shall be preserved from any and all destruction or damage
resulting from clearing► grading or dumping of earth, waste
material, stumps except at the destretion of the City Engineer.
10. Every effort shall be made to protect adjacent residential areas
from potential nuisance from the proposed commercial development
including the provision of extra depth in parcels backing up on
existing or potential residential development and provisions for
a permanently landscaped buffer strip when necessary.
11. Prior to making any improvements on the property such as land
clearing and/or other construction, a silt and erosion control
plan must be submitted to the City Engineering office and approved.
These facilities must be in operation prior -to land clearing and/or
construction and satisfactorily maintained until construction and
landscaping are completed and the potential for on -site erosion
has passed.
12. The developer shall pay all costs involved with the design and
construction of new facilities and the improvement to existing
facilities required to provide for the welfare and safety of
pedestrian and vehicular traffic attracted to or affected by the
development.
13. Access to the Southeast Quadrant of the Sedgwick Road --SR 16 inter-
section shall be provided by an under -pass under Sedgwick Road.
Motion seconded by Councilman Miller. Carried with four ayes and 2
nos. Councilman Clark, Miller, Geiger and Lee Caldwell voting aye
and Councilman Wilson and Eugene Caldwell voting no.
Mayor Powers declared recess with meeting to reconvene at 9 P.M.
T
Councilman Eugene Caldwell., Chairman Police/Fire Committee requested
a Study Session for a meeting with Mr. ,dim Pace relative to investi-
gating available grant funds to construct a new fire and police
station. Mayor Powers set Study Session for March 29, 1979.
on motion by Councilman Eugene Caldwell, seconded and carried, Council
authorized 1970 Plymouth to be surplused and disposed of in a manner
most beneficial to the City.
Lon Nickerson congratulated the City on their civic .Involvement in
providing space and City property to citizens for community activities.
Councilman Geiger requested that a date be set .for Public Hearing
relative to Federal. Shared Revenue budget hearings. Mayor Posers set
date of Public Hearing to be May 14, 1979 with appropriate citizen
groups to be notified prior to this date.
Mayor Powers set Study Session relative to application submitted to
Council for property owned by Alpha Homes and also on appeal of Deals
application both to be rezoned from RH to MF-20, for March 28, 1979
at 8:05 P.M.
Councilman Clark reported to Council the Water/Sewer Committee has
reached an agreement with Annapolis Water District concerning Port
Orchard water customers who are at present served by Annapolis Water
District water lines.
Mayor Powers set study session relative to application for rezone as
submitted by Deal Enterprises and appeal of Planning Commission's
recommendation of approval to zone reclassification for March 28, 1979
at 8:05 P.M.
Meeting adjourned at 9:35 P.M.
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:°,��Mayor