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03/11/2009 - Regular - PacketCITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (36o) 8'76-440� FAX (36o) 895-9029 Port Orchard • City Council Meeting Agenda March io, 2oo9 7:00 P.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll, and Treasurer's check book B. Approval of the February 17, 2009, Work Study Session Meeting Minutes C. Approval of the February 20, 2009, Retreat Work Study Session Meeting Minutes D. Approval of the February 24, 2009, Council Meeting Minutes E. Adoption of Resolution No. 019-09, Regarding Surplus of Police Vehicles (Townsend) 5. PRESENTATION A. Proclamation: Municipal Clerks Week 6. PUBLIC HEARING A. Closed Record Public Hearing: Regarding Poplar Heights Birthing Center Rezone R-1172 (Jacoby) B. Public Hearing: Regarding Annexation of Washburn, Grant, and Crothers Property (Weaver) C. Public Hearing: Regarding Annexation of Geiger Road (Weaver) 7. BUSINESS ITEMS A. Adoption of Ordinance No. oo6-o9, Approving the Popular Heights Birthing Center Rezone R-1172 (Jacoby) B. Adoption of Ordinance No. 007-o9, Approving Annexation of Washburn, Grant, and Crothers Property (Weaver) C. Letter to South Kitsap School District RE: McCormick Woods Development Agreement (Weaver) Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 Meetings are broadcast on BKAT — visit www.bkat.orfor broadcast dates and times February 24, 2009, Meeting Agenda Page 1 of 2 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee March 30, 2009 Myhre's 7:30 a.m. Tourism Committee March 11, 2009 City Hall 2:00 p.m. Lodging Tax Advisory Committee March 11, 2009 City Hall 3:00 p.m. Utilities Committee March 4, 2009 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) March 18, 2009 J.W.W.T.F 6:30 p.m. Public Property Committee T. B. D. Work Study Session March 17, 2009 City Hall 7:00 p.m. *City Clerk to attend Washington Municipal Clerk's Association Annual Conference, March 17-20, 2009 *Deputy Clerk to attend Washington Municipal Clerk's Association Annual Conference, March 18-20, 2009 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 Meetings are broadcast on BKAT - visit www.bkat.orfor broadcast dates and times February 24, 2009, Meeting Agenda Page 2 of 2 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. oi9-o9 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSITION THEREOF Police Chief Police Chief Police Chief March 10, 2009 March 10, 2009 WHEREAS, certain personal property owned by the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City desires to dispose of said property in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE FOLLOWING: THAT: The property described below is declared as surplus to the needs of the City. Staff is instructed to dispose of the item that reflects the best interest of the City. 2002 Dodge Intrepid, License Plate# 31958D VIN#2B3HD46V32Hi94493 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this loth day of March 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Subject: Adoption of Resolution No. oi9-o9, Regarding Surplus of Police Vehicles Meeting Date: March 10, 2009 Prepared by: Al Townsend Atty Routing No: Atty Review Date: Police Chief NA NA Summary: The following vehicle no longer serves a purpose for the City and as such it is requested that Council declare it surplus so that it can be disposed of in the best interest of the City. The vehicle's engine failed and is cost prohibitive to repair based upon the age and condition of the vehicle. 2002 Dodge Intrepid, License Plate # 31958D VIN#2B3HD46V32H194493 Recommendation: Declare surplus so that the vehicle can be sent to Stokes Auction for sale or disposed of through an auto wrecking yard, dependent upon which brings a higher value. Motion for consideration: I move to approve Resolution No. o19-o9, declaring certain City vehicles as surplus and authorizing City staff to dispose of said vehicles in the best interest of the City. Fiscal Impact: Funds from the sale of these vehicles will be returned to the general fund. Alternatives: Direct staff as to what direction to take. Attachments: Resolution No. o19-o9 N MEN PROCLAMATION WHEREAS, The International Institute of Municipal Clerks (IIMC) was founded in 1947, and is the leading professional association serving the needs of Municipal Clerks, Secretaries, Treasurers and Recorders and other allied associations from cities and towns worldwide; and WHEREAS, IIMC's primary goal is to actively promote the continuing education and professional development of Municipal Clerks through extensive education programs, certification, publications, networking, annual conferences and research; and WHEREAS, IIMC is as an educational catalyst by inspiring Clerks to expand and advance beyond their present levels of development; and WHEREAS, IIMC engages in municipal research administration, enhances critical professional skill development and fosters a spirit of mutual assistance and good fellowship among Municipal Clerks around the globe; and WHEREAS, IIMC has 1o,000 plus members represent municipalities of 250 to more than 10 million people in North America and 15 other countries; and WHEREAS, IIMC is governed by a 26-member board of Directors with 22 Directors from IIMC's 11 regions; and NOW, THEREFORE, BE IT RESOLVED, that I, Lary Coppola, Mayor of Port Orchard do hereby proclaim May 3, 2009 to May 9, 2009: Municipal Clerks Week and I call upon all citizens of the City of Port Orchard to observe this week with appropriate recognition thereof. Signed the loth day of March 2009 Lary Coppola, Mayor City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Meeting Date: March 10, 2009 Subject: Closed Record Public Hearing Prepared by: Greg Jacoby Regarding the Poplar Heights City Attorney Birthing Center Rezone R-1172 Atty Routing No: 236-o8 Atty Review Date: March 4, 2009 Summary: The applicant is requesting a change in zoning designations from R-4.5 to R-20. City Code authorizes the Hearing Examiner to hold an open record hearing on rezone requests that are not part of the Comprehensive Plan Amendment Process. The open record hearing creates the City's official record through testimony and submittal of evidence and information. The City Council then reviews the Hearing Examiner's recommendation in a closed record hearing. The City Council's decision must be based solely on the record that was created during the proceedings before the Hearing Examiner. On September 18, 2oo8, after proper public notification in conformance with City Ordinances, the Hearing Examiner conducted a public hearing where testimony was taken; findings and conclusions were made; and on September 3oth, 2oo8, the Hearing Examiner issued a recommendation for approval to the City Council. The City Council must now conduct a closed record hearing to consider the Hearing Examiner's recommendation. No new testimony or evidence may be received or considered during tonight's closed record hearing. Recommendation: Conduct the closed record hearing Alternatives: Do not conduct the closed record hearing Fiscal Impact: None Attachments: Hearing Examiner's Findings, Conclusions and Recommendation Staff report and recommendation to the Hearing Examiner Index to the record BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ORCHARD In the Matter of the Application of } } Kevin Decker } } } For Approval of a Rezone ) No. R-1172 Poplar Heights Birth & Wellness Center FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the request for a rezone from. Residential 4.5 to Residential 20 for property located at 215 Poplar Street, in Port Orchard, Washington, be APPROVED, with one condition. SUMMARY OF RECORD Rest: Kevin Decker requests a rezone from Residential 4.5 to Residential 20 in order to locate a birth and wellness center on the site. The property subject to the request is located at 215 Poplar Street, in fort Orchard., Washington. Hearing.Date: The Hearing Examiner held an open record hearing on the request on September 18, 2008, Testimony: The following individuals presented testimony under oath at the open record hearing: Tom Bonsell, City Planner James Weaver, City Planning Director Mark Dorsey, City Public Works Director Kevin Decker, Applicant Louise Wales Cammy Mills Dr. Joella Pettigrew Heather Kraetsch Alex Gainsbrugh Findings, Conchisions, and Recommendation City of Port Orchard Hearing examiner Poplar Heights Birth & Wellness Center, No. R-1 ]72 Page 1 of'9 Exhibits: The following exhibits were admitted into the record: l . Pre -application meeting letter, dated March 28, 2008 2. Application packet, received August 1, 2008, with the following attachments: A. Rezone Application B. Project Narrative, Site Map, and Legal Description C. List of Neighboring Property Owners and Certification Statement D. By-laws of the Poplar Heights Foundation E. Certificate of Formation of Poplar Heights Birth and Wellness Center F. Environmental Checklist G. City of Port Orchard Business License application H. Report on Low Impact Development Technologies I. Permeable Interlocking Concrete Pavement guide 3. Kitsap County Parcel Map and Property Report, dated August 4, 2008 4. Email from Tom Bonsell, Associate Planner, to Kevin, sent August 4, 2008 5. Application Transmittal letter request for review, dated August 4, 2008 6. Letter of Completeness and Determination of Completeness, issued August 5, 2008 7. Notice of application/SEPA comment period with affidavit of mailing to neighboring property owners and posting property, dated August 8, 2008 8. SEPA Distribution notice of application/SEPA comment period and checklist, dated August 8, 2008 9. Notice of application/SEPA comment period with affidavit of mailing to complete list of neighboring property owners and posting (second mailing and posting due to incomplete list submitted with application), dated August 13, 2008 10. Affidavit of Publication of Notice of Application and SEPA Comment period, dated August 13, 2008 11. Comments from Assistant City Engineer Andrea Archer, received August 26, 2008 12. Comments from Loren & Karen T. Olsen, received August 27, 2008 13. Mitigated Determination of Nonsignificance (MDNS), issued August 28, 2008 14. Notice of Public Hearing with affidavit of publication, dated September 6, 2008 15. E-mails between Kevin Decker and Tom Bonsell 16, Site maps for Poplar Heights Birth & Wellness Center (2 sheets), dated August 1, 2008 17. Aerial Map 18. Staff Report prepared for September 18, 2008 open record hearing 19.A. Letter from Melissa Hudson, to Ted Hunter, received September 18, 2008 19.13. Letter from Jennifer Baxter, received September 18, 2008 20, Poplar Heights Child Birth Center narrative, received September 18, 2008 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions, and Recommendation City cif Port Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R-1172 Page 2 of 9 FINDINGS Kevin Decker (Applicant) requests a rezone from Residential 4.5 (R4.5) to Residential 20 (R20) in order to locate a birth and wellness center on the site. The property subject to the request is located at 215 Poplar Street, in Port Orchard, Washington.' Exhibit 2.A.; Exhibit 2.B; Exhibit 18, Stafj'Report, page 1. 2. The City of Port Orchard (City) received the rezone application on August 1, 2008. The City determined that the application was complete on August 5, 2008. Exhibit 6. The City transmitted notice of the application and associated threshold environmental determination to relevant agencies on August 7, 2008. Exhibit 5. On August 8, 2008, the City posted notice of the application and SEPA comment period on the subject property, and mailed notice to owners of property surrounding the subject property. Exhibit 7. A second notice was posted and mailed to the complete list of neighboring property owners on August 13, 2008. Exhibit 9. On August 13, 2008, the City published notice of the application in the Port Orchard Independent. Exhibit 10. The notice of the application mailed to surrounding property owners and posted on -site included notice of the open record hearing associated with the application. Exhibit 9. The City published notice of the hearing in the Port Orchard Independent on September 6, 2008. Exhibit 14. The City acted as lead agency to analyze the environmental impacts of the proposed rezone, as required by the State Environmental Policy Act (SEPA). The City determined that, with conditions, the proposed rezone would not have a probable significant adverse impact on the environment, and issued a Mitigated Determination of Nonsignificance (MDNS) on August 29, 2008,2 The seven MDNS conditions require that the Applicant obtain a business license, certificate of occupancy, and approved rezone of the property prior to commencement of birthing activities; comply with City code requirements for clinics; limit building occupancy to 32 people; limit classes to no more than four days per week, between the hours of 7:00 AM and 10:00 PM; and ensure that no activities associated with the birthing center impinge on the general neighborhood single-family residential uses. The City issued the MDNS pursuant to an optional process combining the comment period with the notice of application.3 The optional MDNS comment period ended August 27, 2008. The City did not receive any appeals of the MDNS. Exhibit 9; Exhibit 10; Exhibit 13; Exhibit 18, Staff Report, pages I and 5, ' The subject property is identified by tax parcel number 352401-3-086-2007. Exhibit 2.B; Exhibit 18, Staff Report, page 1. A legal description is included with the rezone application. Exhibit 2,B. 2 The MDNS was signed by James Weaver, City Planning Director and SEPA Responsible Official, on August 28, 2008. The staff report states that the MDNS was issued August 28, 2008; however, the MDNS states that it is issued. "August 29, 2008." Exhibit 13; Exhibit 18, Staff'Report, pages 1 and 5. The Washington Administrative Code provides for an optional Determination of Nonsignificance (DNS) process, which is an integrated project review process and comment period to obtain comments on the notice of application and the likely DNS threshold determination for the proposal. WA.0 1.97-1.1-355. .Findings, Conclusions, and Recornmendation City of Port Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R-1172 Page 3of9 4. The subject property is currently zoned R4.5, as are surrounding properties to the north, east, and west. Property to the south is zoned R8. The City's Comprehensive Plan designates the subject property as High Density Residential (HDR). Properties to the north and east are designated Public and Community Spaces. Properties to the south and west are designated as Medium Density Residential (MDR). The subject property is currently developed with a single-family residence. Exhibit 2.A; Exhibit 18, Staff Report, page 1. 5. The R4.5 zone allows for development at a density of up to 4.5 dwelling units per net usable acre.4 The primary purposes of the R-4.5 zone are to "(a) provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area and (b) to implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy." Port Orchard Municipal Code (POMC) 16.13,120, The R4.5 zone requires a minimum lot size of 6,000 square feet; maximum lot coverage of 45 percent; and minimum landscaping site coverage of 55 percent. POW 16.40.025 Table 9. The City staff report states that the proposed use is classified as "office/patient clinic." This use is .not permitted within the R4.5, R8, or R12 zones. POW 16.30.050, Table 2; Exhibit 18, Staff Report, page 5. 6. The R20 zone allows development at a density of up to 20 dwelling units per usable acre. The purposes of the R20 zone are to "(a) allow high density residential development in urban locations where public services and facilities are most available; (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy." POW 16.13.140(1). The R20 zone purposes are accomplished by providing a mix of higher density housing types, and allowing only such accessory and complementary nonresidential uses as are compatible with multiple family residential communities. POW 16 13.140(2). The R20 zone is appropriate in. areas that have been designated by the Comprehensive Plan and are served by adequate public sewers, water supply, roads, and other needed public facilities and services; and where surrounding lands have been developed for commercial., business, employment, public facility, or other nonresidential but higher intensity activities, while offering greenbelt, recreation, pedestrian, and transit services most supportive of higher density living arrangements. POW 16.13.140(3). The R20 zone mandates a minimum lots size of 2,178 square feet; maximum lot coverage of 85 percent; and minimum landscaping site coverage of 15 percent. Other development standards, including setbacks and building height, are the same for both the R4.5 and R20 zoning districts. POW 16 40.025 Table 9. The proposed birthing center, classified as a Net usable site area is defined as "the total site area less sensitive environmental features (equal to gross useable site area) and dedications as these areas are defined elsewhere in this code," POMC 16.40.040, Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R-1172 Page 4 of 9 "office/patient clinic" is a permitted use in the R20 zone. POMC 16.30. 050, Table 2, Exhibit 18, Staff Report, page 5. 7. City Planner Torn Bonsell testified that zoning classifications should be consistent with Comprehensive Plan designations, as required by Chapter 36.70A Revised Code of Washington (RCW). Mr. Bonsell testified that the City is currently updating the 1995 Comprehensive Plan. He testified that as part of the Comprehensive Plan, the Council is considering a general rezone of the area to R20. Mr. Bonsell explained that the rezone request is a non -project rezone, and that the specific development proposal will be reviewed separately with the building permit and certificate of occupancy review. Testimony of Mr. Bonsell. 8. According to the 2008 Draft Comprehensive Plan, the HDR designation allows for housing density of up to 20 dwelling units per net usable acre. The purposes of the HDR designation include the provision of high density residential development and the efficient use of residential land, public services, and energy. The HDR designation: allows for development of single-family and multi -family dwellings, as well as for traditional uses such as parks, schools, and churches. 2008 Draft Comprehensive Plan Land Use Element. The City staff report states that the subject property and other properties in the area are underdeveloped for their Comprehensive Plan designations. According to the staff report, when the City Council enacted Ordinance No. 1916, the Council determined that uses such as the proposed birth center "are compatible with high density residential uses and will make services more convenient to residents of the R-20 zone." Exhibit 18, Staff Report, page 3. 9. Loren and Karen Olsen sent a letter to the City, dated August 26, 2008, expressing concern about the proposed birth center and rezone request. The Olsens expressed concern that the proposed use could create traffic issues, increased stormwater runoff, and a loss in value for surrounding properties. The Olsens questioned whether there is a need for additional R20-zoned properties in the City. Exhibit 12. 10. James Weaver, City Planning Director, testified that the MDNS conditions would . mitigate impacts arising from the proposed rezone and development. He further testified that home occupation permit regulations would apply to the proposed birth center. Mark Dorsey, City Public Works Director, testified that drainage and parking issues would be addressed during building permit and certificate of occupancy reviews. In an email to Mr. Bonsell, Andrea Archer, Assistant City Engineer, stated that the Public Works Department would perform a complete review of the proposed use, including review of water and sewer connections and parking conditions, when the owner requests a certificate of occupancy. Exhibit I1; Testimony of Mr. Weaver; Testimony of Mr. Dorsey. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R-1]72 Page 5 of'9 11, The City also received two letters supporting the proposed birth center and rezone request, submitted at the open record hearing on September 18, 2008. In addition, members of the public testified to support the requested rezone and proposed birth center. Louise Wales testified that there is currently a shortage of places to birth babies within a reasonable distance from Port Orchard. Cainmy Mills testified that expectant mothers must now travel to Tacoma, a trip of 30 to 60 minutes, depending on the traffic. Dr. Joella Pettigrew testified that the proposed center would be good for practitioners and would provide education to the community. Heather Kraetsch and Alex Gainsbrugh also testified to voice their support of the proposed birth center and the rezone request. Exhibit 19.A; Exhibit 19.B; Testimony of Ms. Wales; Testimony of Ms. Mills; Testimony of'Dr. Pettigrew; Testimony of Ms. Kraetsch; Testimony of Ms. Gainsbrugh. 12. Poplar Street provides the sole access to the property. According to the SEPA checklist, public transit is available within a few minutes walk from the site. The property is currently served by electricity, water, natural gas, garbage service, and sanitary sewer service. Exhibit 2. F; Exhibit 8. CONCLUSIONS Jurisdiction The City of Port Orchard Hearing Examiner has jurisdiction to hold an open record hearing on rezone applications that are not part of the Comprehensive Plan Amendment process. Based on the evidence in the record, the Hearing Examiner may recommend that the City Council approve, approve with modifications, or deny the application. Port Orchard Municipal Code (POMC) 2.76.080; POMC 2.76.100; POMC 2.76.110; POMC 16.01.021(3).5 Criteria for Review The City Council may approve, approve with modifications, or deny an application for a reclassification of property if- (]) The reclassification is substantially related to the public health, safety, or welfare; and (2) The reclassification is warranted because of changed circumstances or because of a need for additional property in the proposed land use zone classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and (3) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and (4) The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property or incompatible with such uses; and. (5) The reclassification has merit and value for the community as a whole; and (6) The reclassification is in accord with the comprehensive plan; and 5 On December 19, 2007, the fort Orchard City Council passed and the Port Orchard Mayor signed City Ordinance No. 047-07, repealing POMC 2,20.040 in its entirety and adding a new POMC Chapter 2.76 (Hearing Examiner). City Ordinance No. 047-07, POMC Chapter 2.76 has not yet been codified and is not currently available on the City website. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R-1172 Page 6 of 9 (7) The reclassification complies with all other applicable criteria and standards of the Port Orchard Municipal Code. POMC 16, 25. 060, In addition, Washington state courts apply the following general rules to rezone applications: (1) there is no presumption of validity favoring the action of rezoning; (2) the proponents of the rezone have the burden of proof in demonstrating that conditions have substantially changed since the original zoning; and (3) the rezone most bear a substantial relationship to the public health, safety, morals or welfare. Parkr°idge v. Seattle, 89 Wn_2d 454 (1978). Proof of changed circumstances are not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. Bjornson v. Kitsap County, 78 Wn. App. 840 (Div. 1, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. 111, 2004). Only general conformance with a comprehensive plan is required. Woods v. Kittitas County, 130 Wn. App. 573 (Div. 111, 2005). Conclusions 1. The rezone is substantially related to the public health, safety, or welfare. The City Council reviewed the potential impacts when the High Density Residential land use designation was approved to allow development up to 20 dwelling units per acre. After consideration of public input and planning goals, the City Council determined that the HDR designation would be consistent with the community character. The proposed rezone of the subject property from. R4.5 to R20 would create consistency between the property's zoning classification and Comprehensive Plan designation. The City provided appropriate notice of the rezone application and associated open record hearing. The City analyzed the potential environmental impacts of the proposed rezone and determined that granting the rezone would not result in probable significant adverse environmental impacts. The City issued a Mitigated Determination of Nonsignificance (MDNS) on August 29, 2008. There was no appeal of the MDNS. Any future use of the property would be reviewed for compliance with City requirements during the building permit and certificate of occupancy reviews. Findings 14, 6 — 8, 10. 2. The rezone is warranted because of changed circumstances. Proof of changed circumstances is not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. The subject property is currently designated High Density Residential in the City Comprehensive Plan. The proposed rezone would ensure consistency between the property's zoning classification and HDR designation under the Comprehensive Plan. The City Council has determined that uses such as the proposed birth center are compatible with the property's HDR designation. Findings 4 — 8. 3. The subject property is suitable for development. The property is currently developed with a single-family residence. The property has access to Poplar Street, and is served by Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Poplar Heights .firth & Wellness Center, No, R-7172 Page 7 of'9 electricity, natural gas, garbage service, water service, and sanitary sewer service. Public transportation is available. The City reviewed the environmental impacts of the rezone request and determined that the rezone would not result in a probable significant adverse impact on the environment. future uses of the property would be reviewed for compliance with City standards during the building permit and certificate of occupancy reviews. Findings 3, 4, 8 —10 12. 4. With a condition, the rezone will not be materially detrimental to or incompatible with uses and properties in the immediate vicinity. The requested rezone would bring the property's zoning classification into compliance with the HDR designation under the Comprehensive Plan. The proposed use is a permitted use within the R20 zone. The City analyzed the potential environmental impacts of the proposed rezone and determined that with conditions, granting the rezone would not result in probable significant adverse environmental impacts. The City issued a Mitigated Determination of Nonsignificance on August 29, 2008, A condition of approval is necessary to ensure that the Applicant comply with the MDNS conditions to mitigate potential impacts of the proposed birth center and rezone. Findings 3 — 8. 5. The rezone has merit and value for the community as a whole. Approval of the rezone request would facilitate development of a birthing center. Expectant mothers in the City of Port Orchard currently must leave the area to birth their babies. 'rhe proposed birthing center would also provide education to the community. The proposed birthing center is a permitted use in the requested R20 zone. The proposed use would be reviewed to ensure compliance with City standards, including parking and stormwater runoff requirements, during the building permit and certificate of occupancy reviews. Approval of the rezone request would ensure that the property's zoning classification is consistent with the Comprehensive Plan designation. Findings 1, 4 — 12. G. The rezone is in accordance with the Comprehensive Plan and complies with the City code. The City Comprehensive Plan designates the subject property as High Density Residential, providing for development at a density of up to 20 dwelling units per acre. The current zone only allows for development at a density of up to 4.5 dwelling €wits per acre. The proposed rezone would allow development of up to 20 dwelling units per acre, bringing the property's zoning classification into compliance with the Comprehensive Plan designation. Future use of the property would be reviewed during the building permit and certificate of occupancy reviews to ensure compliance with City code, including parking and stormwater runoff standards. Findings 4 —12. Discussion This rezone application is reviewed under the recently approved Hearing Examiner process in the City of Port Orchard. The Hearing Examiner system is a quasi. -judicial process, with a single open record hearing on an application for change in zoning designation. This is in contrast to legislative action, such as a Comprehensive Plan amendment, with potentially multiple hearings Findings, Conclusions, and Recommendation City of Part Orchard Heating Examiner Poplar Heights Birth & Wellness Center, No. R-1172 Page 8 of 9 on a land use policy proposal. The state legislature and City Council recognize the importance of an efficient process by providing for a single open record hearing under the Hearing Examiner for certain land use applications. See Revised Code of Washington (RCW) 35.63.130; RCW 36.70B.050(2); Pori Orchard Municipal Code (POMC) 16.01.02](3), City code authorizes the Hearing Examiner to hold an open record hearing on rezone requests that are not part of the Comprehensive Plan Amendment process. POMC16.01.021(3). The City Council then reviews the Hearing Examiner's recommendation in a closed record hearing to ensure that no mistakes have been made by the Hearing Examiner. "Open record hearing" is defined as a "hearing, conducted by the hearing examiner, which creates the City's official record through testimony and submission of evidence and information." POMC 16. 0& 520. In contrast, the closed record hearing to be held by the City Council does not allow for the submittal of new evidence or testimony. See POMC 16. 08.138. If the City Council determines that no mistake has been committed by the Hearing Examiner, the City Council would likely approve the Hearing Examiner's recommendation. If the Council amends or rejects the findings of the Hearing Examiner, it should do so only with specific reference to exhibits or testimony in the record that support the rejection or amendment. If the Council believes a mistake was made in a conclusion, it is suggested the Council also review the underlying support for that conclusion to determine specifically how it fails to provide support. Conclusions should only be modified or rejected if the reference in support of the conclusion fails to provide substantial evidence in support of the conclusion. When reviewing a rezone application, the Hearing Examiner does not review development proposals. Rather, the role of the Hearing Examiner is to review the rezone request to ensure compliance with the rezone criteria found in POMC 16.25.060. Therefore, it is inappropriate at this time for the Hearing Examiner to impose conditions governing site development as conditions of rezone approval. Development -related conditions are more appropriately proposed and considered during site development permit review. RECOMMENDATION Based on the above findings and conclusions, the Hearing Examiner recommends that the request for a rezone from Residential 4.5 to Residential 20 for property located at 215 Poplar Street, in Port Orchard, Washington, be APPROVED, with the recognition that business uses for the site must comply with the SEPA Mitigated Determination of Nonsignificance issued August 29, 2008 (Exhibit 13). Recommended this j day of September 2008. THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions, and Recommendation City of Poet Orchard Hearing Examiner Poplar Heights Birth & Wellness Center, No. R 1172 Page 9 of 9 PLANNING DEPARTMENT CITY HAIL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Staff Report and Recommendation to the Hearing Examiner Meeting Date: September 1$ 2008 Subject: R-1.1.72 Prepared by: Thomas Bonsell. Associate Planner GENERAL INFORMATION: Applicant's name and address: Kevin Decker 21.5 Poplar Street Port Orchard, WA 98366 Permit Request: Rezone R-1172 Location of proposal: The site is located at 215 Poplar Street, Port Orchard, WA 98366 in the SE 1/a of the SW/4 of Section 2358, T 24N, RIE., W.M. Parcel No.352401-3-086-2007 Description of proposal: The proposal is to rezone one parcel totaling 0.33 acres from Residential R4.5 to Residential R20 in order to be in conformance with current Comprehensive Plan Designation of High Density Residential. Comprehensive Plan and Zoning Designation: Site: High Density Residential R 4.5 North: Public and Community Spaces R 4.5 East: Public and Community Spaces R 4.5 South: Medium Density Residential R 8 West: Medium Density Residential R 4.5 Other permits required: SEPA Threshold Determination, MDNS issued August 28, 2008 Adjacent land use: North: Park East: Park South: Single-family Residence (Duplex) West: Single-family residence History of the project: On March 17, 2008, Mr. Decker met with City of Port Orchard staff to discuss his plans to open a birth and wellness center at 215 Poplar Street. The parcel contains a single-family residence of approximately 1.700 square feet. The applicant was informed that the property was zoned R-4.5, Residential 4.5 dwelling units per acre with a Comprehensive Plan designation of Residential High Density. Mr. Decker was also informed that in order to open up his desired business; a rezone to R-20 would be required. Port Orchard Municipal Code Section 1.6.30,050, Table 2 allows Office/Patient Clinics as a permitted use in the R-20 zoning designation. On August 1, 2008, the applicant submitted an application for a rezone. The City reviewed the application and on August 5, 2008 the applicant was sent a `Notice of Complete Application". A notice of application with an optional Determination of Non Significance as allowed by WAC 197- 1.1-355 and Chapter 1.4.04 or the Port Orchard Municipal Code, was sent to parcels within 300 feet not less than two parcels deep, published in the newspaper of record and was posted on the site as required by City ordinance. No comments were received in response to the SEPA notice. During the review process and in response to project letters the City determined that it would be more appropriate to issue a Mitigated Determination of Non -Significance (MDNS). The MDNS was issued. on August 28, 2008 and was mailed to surrounding neighbors in conformance with SEPA rules. Public Comment: The parcel was noticed in conformance with applicable codes and ordinances. During the Notice of application comment period and SEPA comment period, no SEPA comments were received regarding this project. However, project comments were received from Loren and Karen Olsen and have been generally addressed in the staff report. CRITERIA FOR APPROVAL Comprehensive Plan and Port Orchard Municipal Code compliance The criteria for approval of this proposal can be found in the City's Comprehensive Plan Dated 1995 and as amended, is in furtherance of the general health , safety and welfare of the community and are both consistent and in harmony with the general purposes of the Growth Management Act and the Comprehensive Plan. In addition, this proposal has been reviewed for conformance with the following applicable Municipal Code sections; RCW 36.70A, City Council. Ordinance No. 047-07, Port Orchard Municipal. Code (POMC) 1.4,04, 16.01, 16.06, 16.25 and 16.30, (See below) City Council Ordinance No. 047-07, Hearing Examiner This City Council Ordinance provides the power and authority of the Hearing Examiner issue decisions or as appropriate, recommendations, to the City Council. The Hearing Examiner's decisions/recommendations shall. be set forth in the findings of facts and conclusions. The decision/ recommendations shall be supported by substantial evidence in the official record. Department Response: This project is property before the Hearing Examiner for a recommendation to the City Council. 2 POW Section 16.01.021, Authority of City Officials, Planning Commission, Hearing Examiner and City Council On rezone applications that are not part of the Comprehensive Plan Amendment process set forth in POMC Chapter 16.04, the Hearing Examiner shall conduct the open record hearing and make findings, conclusions and recommendations to the City Council, who will then conduct a closed record hearing and make the final decision. Department Response: This project is properly before the Ilearing Examiner who will conduct an open record hearing then issue a recommendation to the City Council. POW 16.06.040(2) Pre -application Requirements A pre -application meeting is required. prior to submittal of an application requiring a public hearing before the Hearing Examiner or the City Council. Department Response: A pre application conference was held with city staff on March 17, 2008 and a pre application letter was sent to the applicant in conformance with this section of the POMC. POW Chapter 16.25, Rezoning 16.25.060, Decision Criteria The City Council may approve, approve with modifications, or deny an application for a reclassification of property if: (1) The reclassification is substantially related to the public health, safety, or welfare; and Applicant's Response: The reclassification brings a birth and wellness center to the city and county. There are no birth centers in Kitsap County, and Harrison Hospital doctors are turning pregnant women away because they don't have time to provide pre -natal care. This makes giving birth at Harrison (the only local hospital for this type of care) an emergency every time. Department Response: Because the rezone itself programmatic, as it is not directly project related, public health, safety or welfare are not being impacted. This rezone is the mechanism whereby the zoning can come into conformance with the previously reviewed and approved Comprehensive Plan and will facilitate the goals and policies of the Comprehensive Plan. (2) The reclassification is warranted because of changed circumstances or because of a need for additional property in the proposed land use zone classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and Applicant's Response: The reclassification places the property back within the City's comprehensive plan. Beyond placing the property back within the plan, it creates another very needed service, that doesn't fit within a clinical setting. This type of business is best suited to a residential area, just as more and more families are turning to assisted and non -assisted home births. Department Response: According to the Comprehensive Plan, this property and others in area are underdeveloped and densities provided for in the Growth Management Act cannot be,fully realized and in compliance until the zoning matches the Comprehensive Plan. When the City Council passed Ordinance No. 1916 it was determined that "SIC 801 uses are compatible with high density residential uses and will make services more convenient to residents of the R-20 zone." (3) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and 91 Applicant's Response: All building development has been completed. Parking development will be in conformance with LEED guidelines. Department Response: SEPA mitigations require that that prior to commencement of business activities a Certificate of Occupancy is obtained by the applicant. In addition, all City codes will be enforced and provisions must be made for parking and storm water. (Exhibit A) (4) The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property or incompatible with such uses; and. Applicant's Response: Traffic patterns for a birth and wellness center are the same as a rental community (the majority of residences in the neighborhood are rentals), and the introduction of a community garden on the property will be an positive addition to those who have nowhere to grow their own fruit and vegetables. Department Response: This rezone is the mechanism whereby the zoning can come into conformance with the previously reviewed and approved Comprehensive Plan and will facilitate the goals and policies of the Comprehensive Plan. However, with the passage of City Council Ordinance No. 1916 the City Council stated that office/patient clinics is an appropriate use within the Comprehensive Plan designation of high density residential. During development of the site, and after the property is rezoned to R-20, provisions will be made for parking and the proposal must be in compliance with other city regulations. There is no indication that once the office/patient clinic is in operation it will be detrimental to uses or property in the immediate vicinity. (5) The reclassification has merit and value for the community as a whole; and Applicant's Response: All of Kitsap county, the city of Port Orchard, and Poplar Street neighborhood all are improved by the addition of this business -and therefore a reclassification is warranted. Department Response: The rezone itself programmatic as it is not directly project relate. However, the Kitsap County wellness community is in need of a place to conduct natural child birthing. Not only will the rezone meet the City's long term comprehensive Plan goals but the requirements of RCW 36.70A will be fulfilled in that the Comprehensive Plan and development regulations will be in accord. (6) The reclassification is in accord with the comprehensive plan; and Applicant's Response: As stated above, the comprehensive plan was set aside when this neighborhood was developed, and our goal is to put this property back in the cty's plan. Department Response: This rezone if approved, will bring the zoning designation into conformance with the current Comprehensive Plan designation. Not only will the rezone meet the City's long term Comprehensive Plan goals but the requirements of RCW 36.70A will be fulfilled in that the Comprehensive Plan and development regulations will be in accord. (7) The reclassification complies with all other applicable criteria and standards of the Port Orchard Municipal Code. Applicant's Response. There are no known areas that this doesn't comply with city code. Fire and building codes are, or have been, addressed. 0 Department Response: Once the rezone is approved and prior to commencement of business activities, the applicant is required to comply with all City ordinances and regulations. The applicant will be required to meet regulations regarding storm water, parking, SEPA conditions and South Kitsap Fire District requirements. POMC Chapter 16.30 General Land Use Requirements Approval of this rezone will allow the operation of a wellness and birthing center. As described in Port Orchard Municipal Code Section 16.30.050, Table 2 office patient clinics are a permitted use in the zoning designation. General Use Intensity As described above, approval of this rezone will facilitate the operation of a birthing and wellness center. SEPA: The comment period for the SEPA notice ran concurrently with the Notice of Application as provided by WAC 197-1.1-355. No comments were received. A Mitigated Determination of Non Significance was issued on August 28, 2008 by the SEPA responsible Official and as of the date of this staff report no appeals have been received. Due of the lack of comments, none are expected. (Exhibit A) FINDINGS 1. The site, 21.5 Poplar Street, is designated High Density Residential in the Comprehensive Plan, 2. The site is currently zoned R4.5. 3. An application for a Rezone from R-4,5 to R-20 was received on August 1, 2008. 4. Proper Notice of Application with SEPA comment period and Notice of Public Hearing were given in conformance with applicable ordinances. No Comments were received. 5. A SEPA threshold Determination of Non Significance was issued on August 28, 2008. No appeals have been filed with the City. 6. This proposal is in conformance with applicable city of Port Orchard ordinances and regulations addressed above in this document. 7. This proposal is properly before the Hearing Examiner for a recommendation to the City Council. RECOMMENDATION: Approval with the following conditions: 1. Future business uses for the site must abide by the previously issued SEPA Mitigated Determination of Non -Significance (MDNS). (Exhibit A) RECOMMENDATION TO THE CITY COUNCIL: The Planning Department has determined that this proposal is consistent with the Comprehensive Plan, the Municipal Code and all other applicable City regulations. The Planning Department recommends that a "recommendation of approval" for Rezone R-1 172 subject to the conditions listed above be forwarded to the City Council. Attachments Exhibit A, SEPA threshold determination 5 MITIGATED DETERMINATION OF NONSIGNIFIC'ANCE (MDNS) FOR THE REZONE OF 215 POPLAR STREET (Poplar Heights Birthing Center) DESCRIPTION OF PROPOSAL: The proposal is to rezone the residence at 215 Poplar Street Tax Parcel Number 352401-3-086-20M from Residential 4,5 (R4.5) Units per acre to Residential 20 (R-20) units per acre. The rezone will Facilitate the operation of a birthing clinic within a single-family residence as a permitted use with the R- 20 zoning designation. "rhe parcel is designated Residential High Density in the Comprehensive flan. Approval of the associated rezone will bring the zoning into conformance with the existing Comprehensive Plan designation and allow operation of the birthing center. PROPONENT: Kevin Decker 215 Poplar Street Port Orchard, WA 98366 LOCATION OF PROPOSAL: The subject property is located within the City of Port Orchard, at 215 Poplar Street. Situate in the NE'/a of the SW 1/4 Sec. 35, T24N, R1E, W,M. Tax Parcel Number 352401-3-086-2007 LEAD AGENCY: City of Port Orchard DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2(c)). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request, MITIGATION: 1. Prior to commencement of birthing activities (including classes), the applicant shall obtain a City of Port Orchard business license. 2. Prior to commencement of birthing activities (including classes), the applicant must obtain a Certificate of Occupancy from the City of Port Orchard, 3. A rezone of the property from R-20 or zone that would allow the proposed use is required prior to commencement of birthing activities (including classes). 4. Prior to issuance or the required Certificate of Occupancy (CO) the applicant is required to meet the requirements of the Port Orchard Municipal Code for a clinic, including but not limited to parking, fire district requirements and storm drainage controls. 5. To insure neighborhood compatibility and to insure that the use is not materially detrimental to adjacent parcels, the building occupancy may be no more than thirty two persons, and classes shall not occur at a frequency of more than four days per week between the hours of 7 am to 10 pm. 6. It is incumbent on the applicant to insure that all activities associated with the birthing center not impinge on the general neighborhood uses of single-family residences. 7, If the above conditions are violated, the City of Port Orchard may revoke the applicant's business license. This Mitigated Determination of Non -Significance (MDNS) is issued August29, 2008 under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. There is no comment period for this DNS in conformance with WAC 197-11-355. Any person may request a copy of the DNS, participate in a public hearing or appeal this DNS. Appeals must be filed within 14 days of this notice to the SEPA responsible official. RESPONSIBLE OFFICIAL: James Weaver, AICP City Development Director 216 Prospect Street Port Orchard, WA 98366 (360) 876-4991 SIGNATURE: i�< ,-'� DATE: August 28, 2008 i F_xhibi+ A fb S#afF Ftpo t ma Poplar Heights Birth & Wellness Center Rezone Public Hearing September 18, 2008 CITY OF PORT ORCHARD Planning Department CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4991 • FAX (360) 876-4980 CASE NO.: R-1172 TYPE: Rezone APPLICANT: Kevin Decker ITEM NO. DOC. TYPE/SUBJECT DATED DATE REC'D 1 Pre -application meeting letter 3/28/08 -- 2 Application for Rezone submittal, includes the following items: 05/29/08 08/01/08 2a Completed Application form 2b Project Narrative, Site Map, and Legal Description 2c List of neighboring property owners and certification statement 2d By-laws of the Poplar Heights Foundation 2e Certificate of Formation of Poplar Heights Birth and Wellness Center 2f Environmental Checklist The following three items were part of the submittal, but not considered: 2g City of Port Orchard Business License application 2h Report on Low Impact Development Technologies 2i Permeable Interlocking Concrete Pavement guide 3 Kitsap County Parcel Map and Property Report 8/04/08 -- 4 e-mail from Associate Planner Tom Bonsell requesting additional information 8/04/08 -- 5 Application Transmittal letter request for review 8/04/08 -- 6 Letter of Completeness and Determination of Completeness 8/05/08 -- 7 Notice of application/SEPA comment period with affidavit of mailing to neighboring property owners and posting property 08/08/08 -- 8 SEPA Distribution notice of application/SEPA comment period and checklist 8/8/08 -- 9 Notice of application/SEPA comment period with affidavit of mailing to complete list of neighboring property owners and posting (second mailing and posting due to incomplete list submitted with application) 8/13/08 -- 10 Affidavit of Publication of Notice of Application and SEPA Comment period 8/13/08 -- 11 Comments from Assistant City Engineer Andrea Archer 8/26/08 8/26/08 12 Comments from Loren & Karen T. Olsen 8/26/08 8/27/08 13 Mitigated Determination of Nonsignificance (MDNS) 8/28/08 -- 14 Notice of Public Hearing with affidavit of publication 09/06/08 15 E-mails between Kevin Decker and Tom Bonsell 8/12/08 16 Site maps for Poplar Heights Birth & Wellness Center (2 sheets) 08/01/08 17 Aerial map 9/18/08 18 Staff report 9/18/08 19A Letter from Melissa Hudson in support of rezone 9/18/08 19B Letter from Jennifer Baxter in support of rezone 9/18/08 20 Narrative regarding Birth Center 9/18/08 Complete as of September 18, 2008 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 011-08 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION DESIGNATING PROPERTY MEDIUM DENSITY RESIDENTIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND RESIDENTIAL 8 (IRS) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED ON THE WEST SIDE OF GLENWOOD ROAD SW, APPROXIMATELY 1500 FEET SOUTHWEST OF THE INTERSECTION OF GLENWOOD ROAD SW AND SEDGWICK ROAD SW , IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON TAX PARCEL NOS.: 102301-3-010-2008, 102301-3-013-2005, 102301-3-014-2004, 102301-3-015-2003 WHEREAS, the applicants submitted a petition for annexation of four parcels, totaling approximately 11.25 acres, located on the west side of Glenwood Road SW, approximately 1500 feet southwest of the intersection of Glenwood Road SW and Sedgwick Road SW; and WHEREAS, in December 2006 Kitsap County included the property legally described and geographically depicted in Exhibit "A" ("the Property") in the South Kitsap UGA, and the Property is designated in the County comprehensive plan as Urban Low -Density Residential; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, the Planning Commission held a Public Hearing for the zoning/comp plan designation on December 15, 2008; and WHEREAS, the Planning Commission heard testimony in favor of the proposal from the applicant and there was no testimony in opposition to the proposal; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: FINDINGS 1, A Petition for Annexation of the Property into the City was received on September 16, 2008. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low -Density Residential in the County Comprehensive Plan and on the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from Glenwood Road SW. 6. The Property is adjacent to areas of Urban Low -Density Residential comprehensive plan designations within Kitsap County, and Residential Medium Density in the City. 7. The Growth Management Act requires that upon approval of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. 8. The purpose of the single family detached/attached residential zones (R8 - up to 8.0 units/net useable acre) is to (a) define areas that allow a greater dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general, (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. CONCLUSIONS 1. Medium -Density Residential is the most appropriate comprehensive plan designation for the Property. Designating the Property Medium -Density Residential is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Medium -Density Residential is in furtherance of the health, safety, and general welfare of the community. 3. Zoning the Property Residential 8 (118) is consistent with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. NOW, THEREFORE, RE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the application for a Comprehensive Plan designation of Medium -Density Residential, and R8 zoning for the subject property, to be effective upon annexation. PASSED by the Planning Commission of the City of Port Orchard this 15th day of December, 2008, ATTEST: X-1 Weaver, City Development Director Gil Michael, Chairman ATTACHMENT "A" LEGAL DESCRIPTIONS FOR: PARCEL AS Acres 2.40 Attachment "A" - Washburn - Grant - Crother Annexation Page 2 SOUTH LINE OF SAID NORTH Y2 N87*12'34W 324.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE N87*12'34W 324.57 FEET; THENCE NO2*25'19E 321.52 FEET, THENCE ALONG A LINE PARALLEL WITH WEST & 10FT SOUTH OF NORTH LINE OF SAID NORTH 1/2 S87*15'24E 324.65 FEET; THENCE S02*26'09W 321.79 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH & SUBJECT TO A 30 FOOT EASEMENT OF RECORD. PARCEL NO. 102301-3-014-200v, PROPERTY OWNER - Jeffery L. & Catherine A. Grant 6394 Glenwood Road SW Port Orchard, Washington SITUS ADDRESS: PARCEL SIZE: ASSESSED VALUATION: 98367 N® situs address assigned 2.40 Acres $120,880 (2008) Attachment "A" - Washburn ® Grant - Crother Annexation Page 3 THE SOUTHWEST [QUARTER, N2*26'59 E 332.06 FEET TO THE SOUTHEAST CORNER, OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF, N8 7*12'34 W 973.71 FEET; THENCE N2*2428 E 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S87*12'34 E 891.46 FEET; THENCE N74*59'19 E 116.03 FEET; THENCE S75*55'08 E 178.6 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF GLENWOOD ROAD AND TERMINUS OF SAID CENTERLINE. (BEING DESIGNATED AS PARCEL C OF SHORT PLAT NO. 2465 RECORDED UNDER AUDITOR'S FILE NO. 8012020127.) BOTH PARCELS SITUATE IN KITSAP COUNTY, WASHINGTON. PARCEL PROPERTY OWNER: Christie ;. Crother Trust 69460 Las Begonias Cathedral City, California y' ADDRESS:2234 SITUS o situs address assigned PARCEL ASSESSED $120,880(2008) LOT D PER SHORT PLAT NO 2465 RECORDED UNDER AUDITOR'S FILE NO. 8012020127 .BEING A PORTION OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 DEFINED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST I/4 OF THE SOUTHWEST 1/4; THENCE ALONG THE EAST LINE OF SAID SUBDIVISION NO2*2659E 332.06 FEET TO THE SOUTHEAST CORNER, OF THE NORTH/2 OF THE SOUTH 1/2 OF THE SOUTHEAST IA OF THE SOUTHWEST 1/4; THENCE ALONG SAID LINE OF THE NORTH 1/2 N87*12'34W 973.71 FEET TO THE TRUE POINT OF :BEGINNING; THENCE CONTINUING ALONG SAID LINE N87*12'34W 324.58 FEET TO THE SOUTHWEST CORNER OF SAID NORTH 1/2; THENCE ALONG THE WEST LINE OF SAID NORTH 1/2 NO2*23'43E 320.99 FEET; THENCE ALONG A LINE PARALLEL WITH & 10.FT SOUTH OF THE NORTH LINE OF SAID NORTH 1/2 S87*1.5'24E 324.65 FEET; THINCE S02* 2428W 321.26 FEET TO THE TRUE POINT OF BEGINNING; AND TOGETHER, WITH A 30 FOOT EASEMENT OF RECORD. vi Lu f C' 0 . 4 Lj ZA LU 1, 0 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 9 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6B Subject: Public Hearing: Regarding Annexation of Washburn, Grant, and Crothers Property Meeting Date: March 10, 2009 Prepared by: James Weaver Development Director Atty Routing No: 026-o9 Atty Review Date: March 4, 2009 Summary: Three property owners, represented by Mark & Terri Washburn, Jeff & Catherine Grant, Christie Moon Crother, submitted a Petition for Annexation on September 16, 2oo8, to annex four parcels which total approximately 11.25 acres located southwest of the intersection of Sedgwick Road and Glenwood Road, in the North half of the South half of the Southeast quarter of the Southwestquarter and the North half of the South half of the Southwest quarter of the Southeast quarter of Section 1o, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying west of Glenwood Road SW (Tax Parcel Nos. 102301-3-010-2oo8,102301-3-013-2005,102301-3-014-2004 and 102301-3-015-2003). The parcels either contain existing residential uses or are vacant. The owners intend to extend additional residential uses on their parcels. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6 with a County Comprehensive designation of Urban Low Density Residential and zoning of Urban Low Residential (4-9 DU/Ac). The applicants are requesting to be annexed with the City comprehensive plan designation Residential: Medium Density and a zoning designation of "R8" single family detached/attached as interim zoning and land use pending 2010 Comprehensive Plan amendments. The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on June 24, 20o8. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicants submitted the formal Petition for Annexation on September 16, 2oo8. A programmatic Determination of Non -Significance (DNS) was issued on December 6, 2oo8, with the comment period ending December 16, 2008. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2oo8, adoption of the 20o8 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits are determined by Kitsap County to be effective upon adoption as identified in Exhibit B. Recommendation: Open the Public Hearing Alternatives: Do not open the public hearing Attachments: Planning Commission Resolution No. oil-o8 Legal Description Map Geiger Road Petition for Annexation into the City of Port Orchard February 27, 2009 The following described areas situate within Section 11, Township 23 North, Range East, W.M., Kitsap County, Washington: The South 650 feet of the Northwest quarter of the Northeast quarter; EXCEPT the West 643.5 feet thereof; And the South 350 feet of the Southwest quarter of the Northwest quarter of the Northeast quarter; EXCEPT the North 150 feet of the East 250 feet of the West 643.5 feet thereof; And the North 50 feet of Tract 24, the West half of Tract 25, and the West half of Tract 26, Richland Acre Tracts, as recorded under Volume 3 of Plats, Page 18 records of Kitsap County; And the South 15 rods of the North half of said Section 11 lying within State Highway No 16; EXCEPT that portion previously annexed into the city of Port Orchard under Ordinance No. 977. Gieger Road Annexation City ot Port urctiara: ;%. Expansion Areas Zc •l 2112 [• RROI• 1: ap created for Gity of Port Orchard by: tsap County Department of Information Service �nranhin Infnrmatinn Svstpm nivisinn MUS1 1-1 ity OT POI u re Expe omnrehe urCharci: pion Ares ;ive Plan mmnrahansiva Plan Uesianavc ap created for (ity of Port Orchard by: tsap County Department of Information Service ,nranhir- Infnrmatinn Svstpm nivisinn MUS) City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 9 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6C Subject: Public Hearing: Regarding Annexation of Geiger Road Meeting Date: March 10, 2009 Prepared by: James Weaver Atty Routing No: Atty Review Date: Development Director NA NA Summary: Two property owners, represented by Daniel Horovitz and Stephen Shepard, submitted a Petition for Annexation on February 11, 2009, to annex three parcels which total approximately 33.18 acres, and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road and State Route 16, in That Portion Of Section 11, Township 23 North, Range 1 East, Willamette Meridian, In Kitsap County, Washington. (Tax Parcel Nos. 11230110222007, 48000000240105, 11230110232Oo6). The parcels either contain existing residential uses or are vacant. The owners intend to extend residential uses on their parcels. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6 with a County Comprehensive designation of Urban Low Density Residential and zoning of Urban Low Residential (4- 9 DU/Ac). The applicants are requesting to be annexed with the City comprehensive plan designation Residential: High Density and a zoning designation of "R20" single/multiple family detached/attached as interim zoning and land use pending 2010 Comprehensive Plan amendments. The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on October 14, 20o8. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicants submitted the formal Petition for Annexation on February 11, 2009. A programmatic Determination of Non -Significance (DNS) was issued on February 27, 2009 with the comment period ending March 13, 2009. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2oo8 adoption of the 2oo8 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits are determined by Kitsap County to be effective upon adoption. Recommendation: Open and Continue the Public Hearing for March 24th, 2009. Alternatives: Do not open the Public Hearing Attachments: Legal Description Maps City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 9 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Subject: Adoption of Ordinance No. oo6-og, Approving the Poplar Heights Birthing Center Rezone R-1172 Meeting Date: March 10, 2008 Prepared by: Greg Jacoby City Attorney Atty Routing No: 236-08 Atty Review Date: March 4, 2009 Summarv: A closed record public hearing was conducted earlier this evening to discuss the requested rezone of the subject property from Residential 4.5 (R4.5 Zoning) to Residential R-20. The Settlement Application was submitted on February 19, 20o9 and consists of the rezone application originally submitted on August 1, 2oo8. City Code authorizes the Hearing Examiner to hold an open record hearing on rezone requests that are not part of the Comprehensive Plan Amendment Process. The open record hearing creates the City's official record through testimony and submittal of evidence and information. The City Council then reviews the Hearing Examiner's recommendation in a closed record hearing to ensure that no mistakes have been made. The closed record hearing does not allow for the introduction of new evidence or testimony. The City Council's decision must be made based solely on the record that was created during the proceedings before the Hearing Examiner. On September 18, 2oo8, after proper public notification in conformance with City Ordinances, the Hearing Examiner conducted a public hearing where testimony was taken; findings of fact were made; and on September 30, 20o8, the Hearing Examiner issued a recommendation for approval to the City Council. Because the Settlement Application and administrative record are identical to that which was before the Hearing Examiner in September, the Hearing Examiner's recommendation remains unchanged. This Ordinance is being considered in partial fulfillment of the City's obligations pursuant to the terms of a settlement agreement between the applicant and the City. Recommendation: Confirm the Hearing Examiner recommendation by approving the requested rezone. Motion for consideration: I move to adopt Ordinance No.006-o9, approving the request to rezone the property located at 215 Poplar Street, Port Orchard from R4.5 to R20. Fiscal Impact: None Alternatives: Deny the rezone request Attachments: Ordinance No. oo6-o9 Settlement Agreement -To Be Provided at Meeting City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: March 10, 2009 Adopted: March 10, 2009 ORDINANCE NO. oo6-o9 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5) TO RESIDENTIAL 20 (R20). TAX PARCEL NO. 352401-3-o86-2007 LEGAL DESCRIPTION: SE 1/4 of the WE 1/4 of Section 35, T 24N, R1E., W.M. FULL LEGAL: LOT D CITY OF PORT ORCHARD SHORT PLAT NO. PO-99 (S-llol) BEING RECORDED UNDER AUDITOR'S FILE NO.3180797 IN VOLUME 15 PAGE 41 OF SHORT PLATS. THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION SOUTH 87*46'44 EAST 20.00 FEET; THENCE CONTINUING SOUTH 87*46'44 EAST 200.05 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION SOUTH 00* 55' 18 WEST 94.94 FEET; THENCE SOUTH 88*43'05 EAST 93.27 FEET; THENCE SOUTH 54*44'12 EAST 32.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 54*44'12 EAST 144,73 FEET; THENCE SOUTH 00*55'18 WEST 36.00 FEET TO A POINT ON Ordinance No. oo6-o9 Page 2 of 12 WHEREAS, pursuant to the terms of a settlement agreement between the City and Kevin Decker, on February 19, 2009 the City accepted a Settlement Application for a rezone of the property located at 215 Poplar Street, Port Orchard (the "Property") consisting of an application that was originally submitted on August 1, 2oo8 and which requested approval of a rezone to change the existing zoning on a parcel containing a single-family residence totaling 0.33 acres with a current zoning designation of Residential 4.5 (R4.5) to Residential 20 (R20); legally described above; and WHEREAS, a Mitigated Determination of Non -Significance (MDNS) was issued on August 28, 2oo8 and the SEPA official has determined that the earlier MDNS also applies to the Settlement Application; and WHEREAS, the Hearing Examiner considered the original application at a public hearing on September 18, 2oo8 and heard testimony on the proposal from City staff, the applicant's agent, and the public, and recommended approval of the rezone to the City Council; and WHEREAS, the Settlement Application is identical to the original application and the administrative record is the same, and therefore the Hearing Examiner's recommendation remains unchanged; and WHEREAS, on March 10, 2009, the City Council held a closed record hearing, duly noticed, to consider the Settlement Application and the administrative record; and WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare of the community and is both consistent with and in harmony with the general purposes of the Land Use Regulatory Code, Growth Management Act, and Comprehensive Plan; and WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS AND CONCLUSIONS The Council adopts the Hearing Examiner's findings and conclusions as set forth in the "Findings Conclusions, and Recommendation" for the Kevin Decker Rezone No. R-1172, (Attached as Exhibit A) as its own, and the same are incorporated by reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Based upon the administrative record, recommendations of city staff and the Hearing Examiner, and the findings and conclusions contained herein, the Settlement Application for a rezone of the Property is approved and the City of Port Ordinance No. 006-09 Page 3 of 12 Orchard Zoning Map, is hereby amended by changing the zoning designation for the Property at 215 Poplar Street, Port Orchard, to -wit: Parcel Number 352401-3-086-2007, from Residential 4.5 (R4.5) to Residential 20 (R20), subject to the following condition: A. The facade of the single family home on the Property shall remain unchanged in appearance and style as long as (i) there are no changes to the facades of the single family homes on any side of the Property, (ii) the residential character of the neighborhood is substantially unchanged, or (iii) ten years, whichever comes first. The intent of this condition is to ensure that even though the Property may be used for a commercial purpose, as allowed under the applicable zoning provision, the character of the neighborhood will not be changed as a result of the approval of this rezone request. This condition shall be binding upon future owners of the Property. SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this loth day of March 2009. ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Fred Olin, Councilmember Formatted: Left City. of Port Orchard Formatted: Font: Georgia, Not Bold Clerk's Office Formatted: Font: Georgia, Not Bold 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director -- Formatted: Font: 11 pt Requested by: Development Director Formatted: Indent: Left: 2.5" Drafted by: Development Director --'- Formatted: Indent: Left: 3" Introduced: March 10,E 2009 Adopted March 10, 200q Formatted: Font: 11 pt Formatted: Font: 11 pt ORDINANCE NO. 007-oo Formatted: Right, Indent: Left: 4" Formatted, Font: 11 pt, Not Bold ,AN ORDINANCE OF THE CITY OF PORT ORCHARD, Formatted: Indent: Left: 4" WASHINGTON, ANNEXING CERTAIN REAL PROPERTY Formatted: Font: Georgia TO THE CITY CONSISTING OF APPROXIMATELY ,11.2.% Formatted: Font: Georgia, Bold ACRES SOUTHWEST OF THE INTERSECTION OF Formatted: Font: Georgia, Bold SEDGWICK ROAD AND GLENWOOD ROAD, REQUIRING Formatted: Font: Georgia, Bold THEANNEXEDPROPERTYTOBEASSESSED AND TAXED Formatted: Font: Georgia, 8 pt AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, ESTABLISHING COMPREHENSIVE Formatted: Font: Georgia PLAN AND ZONING DESIGNATIONS FOR THE Formatted: Font: Georgia PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE Formatted: Font: Georgia OF THE ANNEXATION Formatted: Font: Georgia, 8 pt ,PROPERTY LOCATION:,The North half of the South half of the Formatted: Font: Georgia Southeast quarter of the Southwestquarter and the North half of the A Formatted: Font: Georgia South half of the Southwest quarter of the Southeast quarter of Formatted: Font: Georgia Section io, Township 23 North, Range 1 East, W.M., Kitsap County, Formatted: Font: Georgia, 8 pt Washington lying west of Glenwood Road SW,. � Formatted: Font: Georgia ,ASSESSOR'S ACCOUNT NUMBERS:,102301-3-010-2oo8, 102301- Formatted: Font: Georgia 3-013-2005, 102301-3-014-2004 and 102301-3-015-2003. Formatted: Font: Georgia WHEREAS, onXay 6, 2oo8,the City Council received a notice of intent to petition for , Formatted: Font: Georgia annexation for four, parcels consisting of approximately 11.2& acres located southwest of the - Formatted: Font: Georgia intersection of Sedgwick Road and Glenwood Road, as legally described in Exhibit "A" attached Formatted: Font: Georgia hereto and incorporated by this reference; and Formatted: Font: Georgia Ordinance No. oo7-- 09 "` ,PageAof Formatted Formatted __ Formatted Formatted WHEREAS, the initiating parties are the owners of real property with a value in excess of Formatted Formatted ten percent (lo%) of the value of the property for which annexation is petitioned; and Formatted WHEREAS, a meeting was held on June 24, 2oo8Q between the initiating parties of this ---- Formatted annexation and the Council of the City of Port Orchard, at which time the Council accepted the Formatted notice of intention to commence annexation proceedings and authorized the circulation of an for the legally described Formatted annexation petition annexation of real property and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of Comprehensive Plan and zoning regulations, and the Formatted assumption of city indebtedness by the area to be annexed upon annexation; and Formatted WHEREAS, a petition to annex to the City of Port Orchard was circulated and on Formatted ASeptember 16, 2oo8Awas filed with the City, and was certified by the Kitsap County Assessor as -Formatted containing the signatures from owners of not less than seventy-five percent (75%) in value, Formatted according to the assessed valuation, of the property for which annexation is petitioned; and Formatted WHEREAS, in December 2oo6 Kitsap County added the property legally described and Formatted geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated the parcels Formatted on the County Comprehensive Plan as Urban Low -Density Residential and zoning of�Urban Low Formatted Residential (4-9 DU/Ac)� and Formatted A WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and zoning Formatted designations to become effective upon the annexation of any area which might reasonably be Formatted expected to be annexed by the City at any future time; and Formatted A WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted Ordinance No. Formatted 042-o8 designating the proposed annexation area Residential: Low Density, on the City's Formatted Comprehensive Plan and ;'R4.5" single family detached/attached, on the City s zoning map, to Formatted become effective upon annexation; and Formatted WHEREAS, the petitioning parties have requested that the property to be annexed be Formatted designated Residential: Medium Density on the Cib/s Comprehensive Plan and "R8" single family Formatted detached/attached on the City's zoning map; and Formatted t WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to adopt Formatted interim zoning controls for parcels,102301-3-010-2oo8, 102301-3-013-2005, 102301-3-014-2004 Formatted and 102301-3-015-2oo3,consisting of an interim Comprehensive Plan designation of Residential: "R8", Formatted Medium Density and an interim zoning designation of until such time as the Comprehensive Plan for is interim for is Formatted amendment process 2009 completed and that such zoning this parcel justified because: the parcel will be served by adequate public sewer, water supply, roads, and other Formatted needed public facilities; the parcel is adjacent to areas of Commercial Use designations within the Formatted City; and the interim zoning designation of "R8" single family detached/attaches} is consistent with , Formatted the uses in the surrounding area. . Formatted ._. WHEREAS, the Port Orchard Planning Commission held a public meeting on December Formatted 15, 2oo8 and adopted Resolution oil-o8 recommending the proposed annexation area be Formatted designated,Residential: Medium DensityAon the City's Comprehensive Plan and; R8" single family Formatted Ordinance No.=-- - L Formatted: Right on the Citys zonine man to become effective upon annexation: and Formatted: Font: Georgia, 12 pt Of 6 Formatted Formatted: Font: Georgia Formatted: Font: Georgia, 8 pt 27, 2oo9 and March 10, 2009 which hearings were duly noticed through publication in a Formatted newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation; and requirements have been satisfied in order to accomplish the proposed annexation and that it is in the best interest of the City to approve the proposed annexation as presented and require the assumption of all or any portion of City indebtedness by the area to be annexed; now, therefore, Formatted: Font: Georgia, 8 pt Formatted: Font: Georgia • - Formatted: Font: Georgia, 8 pt THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO Formatted: Font: Georgia ORDAIN AS FOLLOWS: • Formatted: Font: Georgia, 8 pt SECTION. i.The unincorporated real property located in Kitsap County, Washington, _ contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit Formatted "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. • Formatted: Font: Georgia, 8 pt SECTION 2. As provided in the annexation petition all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within Formacceo ••• the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the effective date of this annexation. • ECTION & The Comprehensive Plan and Zoning designations for arcels 102 01- -010- 1--[ Formatted: Font: Georgia, 8 pt 20o8, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-200a shall be included in the Formatted City's annual Comprehensive Plan amendment process for 2009 for review and designation as appropriate. I-- SECTIONA.. Based on the findings of fact set forth in the above recitals the CityCouncil - Formatted: Font: Georgia, 8 pt hereby determines that an emergency exists justifying the adoption of interim zoning controls for Formatted parcels 102301-3-010-20o8, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-20o as depicted on Exhibit "B" attached hereto and incorporated by this reference. Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan designation of esidential: Medium Density and an interim Zoning designation of "R8" single family detached attache . As long as the interim zoning controls are in effect, all land use and development within parcels 02301-3-010-2oo8, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-2Oo3, shall be subject to the City's land use and development regulations in effect for "R8" sin le famil detached/attache ECTION .The interim zoning controls shall take effect upon annexation to the Ci Formatted: Font: Georgia, 8 pt unless the City has, prior to annexation, completed its annual Comprehensive Plan amendment Formatted process for 2oo9 and established Comprehensive Plan and Zoning Designations for parcels l02 ol- Ordinance No.=-- - Formatted: Right 09 Formatted: Font: Georgia, 12 pt ageAof. 6Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt 3-010-2oo8,102301-3-013-2005,102301-3-014-2004 and 102301-3-015-2oo3. The interim zoning Formatted: Font: Georgia, 12 pt controls shall expire six months from the date of annexation as defined in Section 7below, unless the interim zoning controls are shortened or extended by action of the City Council or until the Formatted: Font: Georgia, 12 pt effective date of any ordinance establishing new comprehensive land use designations for parcels Formatted: Font: Georgia ,102301-3-010-2oo8,102301-3-013-2005,102301-3-014-2004 and 102301-3-015-2Oo3, whichever Formatted: Font: Georgia is sooner. -f Formatted: Font: Georgia SECTION 6., This annexation will become effective on the first day after the expiration of Formatted: Font: Georgia the 45 day review by Kitsap County Boundary Review Board, if the Kitsap County Boundary Review Formatted: Font: Georgia Board's jurisdiction is not invoked. If Boundary Review Board jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become effective on the first day of the month immediately following the Boundary Review Board's approval of the proposed annexation. , SECTION 7, Pursuant to RCW 35.13.270, following adoption of this ordinance, .the Planning Department shall provide notification, by certified mail, that includes a list of annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at least thirty (30) days before the effective date of the annexation. The Planning Department shall also give such notice to the Fire District and Library District, as appropriate, simultaneously when notice of the proposed annexation is provided to the Kitsap County Boundary Review Board. SECTION 8., Following adoption of this ordinance, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management within thirty days of the effective date of the annexation as directed by RCW 35.13.26o. SECTION cR, Following adoption of this annexation ordinance the City shall file a Notice of .......................... Intent to Annex with the Mtsap County Boundary Review Board pursuant to RCW 36•93 090. SECTION __ , If any section, sentence clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION u, This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the May attested by the Clerk in authentication of such passage this loth day of March 2009. ......................................................... Lary Coppola, MayorAYOR ATTEST: Formatted: Font: Georgia, 8 pt Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Formatted: Font: Formatted: Font: Formatted: Font: Georgia, 8 pt Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia, 8 pt Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia, 8 pt Formatted: Font: Georgia Formatted: Font: Georgia Formatted: Font: Georgia, 8 pt Formatted: Font: Georaia Formatted: Right Formatted: Font: Georgia, No underline Formatted: Font: Georgia k Formatted: Font: Georgia Patricia J. Kirkpatrick, City Clerk Formatted: Font: Georgia City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 9 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Ordinance No. 007-09, Approving Annexation of Washburn, Grant, and Crothers Property Meeting Date: March 10, 2009 Prepared by: James Weaver Development Director Atty Routing No: 026-o9 Atty Review Date: March 4, 2009 Summary: A Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 007-o9 regarding the annexation of four parcels which total approximately 11.25 acres, located southwest of the intersection of Sedgwick Road and Glenwood Road, in the North half of the South half of the Southeast quarter of the Southwestquarter and the North half of the South half of the Southwest quarter of the Southeast quarter of Section 1o, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying West of Glenwood Road SW. (Tax Parcel Nos. 102301-3-010-20o8, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-2003) at the request of three property owners, represented by Mark & Terri Washburn, Jeff & Catherine Grant, and Christie Moon Crother was heard earlier in the meeting. With approval of this annexation, these properties will have an interim City of Port Orchard Comprehensive Plan Designation of Residential: Medium Density and a zoning designation of 'R8" single family detached/attached. Recommendation: Adopt Ordinance No. 007-09 Motion for consideration: I move to adopt Ordinance No. 007-09, approving the Washburn- Grant-Crothers annexation request of four parcels that total approximately 11.25 acres and the associated public right-of-way. Fiscal Impact: None Alternatives: Take no action Attachments: Ordinance No. 007-09 CITY OF PORT ORCHARD =_Office of • Fill CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 city of -.- Port Port Orchard Superintendent Dave LaRose South Kitsap School District Administrative Offices 1962 Hoover Avenue SE Port Orchard, WA 98366 Re: Development Agreement for Stormwater and Transportation McCormick Woods Annexation Area Dear Mr. LaRose: It is becoming increasingly likely that the McCormick Woods annexation petition will be successful and that the City of Port Orchard will agree to annex the proposed annexation area, including property owned by the School District (the "School Site"). The City recognizes that the proposed annexation area is the subject of several development agreements, including two that affect the School District. The purpose of this letter is to assure the South Kitsap School District that, in the event the McCormick Woods annexation is approved, the City will honor the provisions of the development agreements as they relate to the School District; specifically: Development Agreement for Stormwater 1. The City will accept and maintain the regional stormwater facility system, including that portion within the rural area. 2. The School Site will be vested under the Stormwater Manual (the 1997 DOE Manual) in effect on the effective date of the Stormwater Agreement (October 21, 2005). 3. The stormwater vesting rules described in section 7 of the Stormwater Agreement will be in effect for a 10-year period from the date of confirmation of the McCormick North Master Plan (May 9, 2005) with the right of the District to seek before a hearing examiner two (2) five-year extensions of the vesting period. In this regard, the City would adopt criteria for an extension as established under subsection 7.2 of the Stormwater Agreement, namely, pursuant to Kitsap County Code section 17.428.110, except one of the factors (tangible progress) is required to be liberally construed as expressly set forth in the Stormwater Agreement. 4. The School District's share of the stormwater facility will be maintained as set forth under the Stormwater Agreement. 5. The City will accept the mechanism established under Kitsap County Code Chapter 12.40 for the exemption/reduction of stormwater fees for school districts as to the School Site only. Develoament Aareement for Transportation 1. As provided in sections 13 and 14 of the Transportation Agreement, the School District shall remain exempt from the payment of transportation impact fees (including those transportation impact fees/traffic mitigation provided under the Transportation Agreement) relating to the School Site, so long as the School Site is used for school purposes. We trust this letter provides sufficient assurances to enable the School District to support the McCormick Woods annexation petition. Should you have any further questions or concerns, please don't hesitate to contact me. Sincerely, CITY OF PORT ORCHARD Lary Coppola Mayor cc: Tom O'Brien Terri Patton Mary Urback Greg Jacoby City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: Subject: Letter to South Kitsap School Prepared by: District RE: McCormick Woods Development Agreements Atty Routing No March 10, 2009 Greg Jacoby City Attorney 028-00 Atty Review Date: March 4, 2009 Summary: The South Kitsap School District has asked the City to provide written assurances that if the McCormick Woods annexation is approved, the City will abide by the terms of the existing development agreements that relate to the School District and stormwater and transportation issues. The proposed letter provides the assurances requested by the School District. It is contemplated that if the annexation is successful a formal agreement will be drafted at a later date. Recommendation: Authorize the Mayor to sign the attached letter. Motion for consideration: I move to authorize the Mayor to sign the letter to the South Kitsap School District regarding the McCormick Woods development agreements. Fiscal Impact: None associated with this letter associated with the annexation of McCormick agreements referenced in the proposed letter. Alternatives: Don't send the letter. Attachments: Draft letter to the School District. . But there are a number of fiscal impacts Woods and spelled out in the development City of Port Orchard Council Meeting Minutes Work Study Session of February 17, 2009 7:oo P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank, Olin, and Putaansuu ALSO PRESENT: City Treasurer Tompkins, Police Chief Townsend, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. Presentation: Parking Garage- Art Anderson and Associates Public Works Director Dorsey introduced Dennis Kirkpatrick with Art Anderson Associates who presented to the Council a conceptual design of the chosen site for the proposed parking garage on the Prospect Street site. Mr. Kirkpatrick provided the following information: • Proposed selected site; • View portions of the parking garage structure, which may block views if not in the correct location; • Entrance and exits of the parking garage; • Possible relocation of utilities such as power, sewer and water; • Main level which could be considered as part of Phase II of the project in order to implement a second story to service the library, retail, or office space; • Open courtyard that could house the Farmer's Market or outdoor concerts with access to downtown; • The boring tests came back with good results; Councilmember Childs voiced concern this was not the vision he had originally expressed. The architect, Dennis Kirkpatrick explained that this is conceptual only and the City can ask that items, such as the library, be relocated; however, he felt this was the best use of the land, assuming all property owners agreed. Development Director Weaver reported on his meeting with the Sidney Art Museum and advised he would continue to meet with the group on a quarterly basis in order to keep them apprised of the parking garage project. Discussion: Town Meeting on the Parking Garage Councilmembers discussed ways to obtain input from citizens regarding City projects. A town meeting concept was discussed and the Council directed staff to organize a Town Meeting for citizens to attend and ask questions or address concerns on various City projects. February 17, 2009, Work Study Session Minutes Page 2 of 3 Update: McCormick Woods Development Director Weaver and City Attorney Jacoby met with Kitsap County and their attorney to negotiate and/or resolve issues of the Inter Local Agreement (ILA) between the City, County and McCormick Woods. The McCormick Woods Annexation Committee reported they have received 68% of the 75% petitions that is needed. The City Attorney and staff would continue to work on finalizing the terms and conditions of the ILA. Update: School Impact Fees Development Director Weaver explained staff was waiting for the South Kitsap School District to release their Capital Facilities Plan in order for impact fees to be determined. Update: Tremont Widening Public Works Director Dorsey met with Berger Abam at the end of January and the conceptual redesign has been completed and will be presented at the March 17, 2009, Work Study Session. The conceptual redesign includes all comments received, including the Fire Chief and Police Chief s concerns. Draft Resolution to transfer Building Department to the Planning Department Development Director Weaver requested the Building Department be moved under the Planning Department, which would impact one position, the Building Inspector, and would not impose on the office or the secretarial positions. Development Director Weaver proposed to draft a resolution in coordination with Public Works, Human Resources, and the Finance Departments to transfer the Building Department from Public Works to Planning, with several items added to the job description. The Committee directed staff to bring the resolution forward on the March 24, 2009, meeting agenda. Financial Report City Treasurer Tompkins provided information regarding beginning cash balances, current cash flow, sales tax collections, commitments for Real Estate Excise Tax (REET), and admission tax funds. She explained that the amount of expenditures is out pacing the revenues and she is keeping a close eye on the current expense cash balance. The commitments for REET funds included the City Hall loan payment, police range, underground utilities downtown, and parking garage design. Councilmember Clauson advised that the Finance Committee has directed that an unofficial hiring freeze be in effect until the Committee and Treasurer determine what the full financial impacts will be for 2009. February 17, 2009, Work Study Session Minutes Page 3 of 3 Trail Grant Opportunity Development Director Weaver advised the Council of a potential trail grant opportunity if we choose to extend the trail from Westbay to the behind KFC and down along Blackjack Creek. Council directed staff to bring the grant information forward for approval and requested the City Attorney determine the status of the easement with Westbay. Discussion: Foot Ferry Service Councilmember Chang expressed his concern that the City of Port Orchard has no Sunday ferry service and will close an hour early on Saturdays and was wondering if the City was interested in contracting with the private company to provide Sunday ferry service. Councilmember Clauson advised the costs to operate the ferry would be approximately $150 per hour, with a minimum of four hours for Sunday service and that the contractor was interested in pursuing this relationship. The Council directed Mayor Coppola to contact the City of Bremerton to determine if they would be willing to participate in providing half of the funding in order to keep the Sunday service. Discussion: Annexation of Urban Growth Boundary Mayor Coppola advised the Council on his plan for annexing the Bethel Corridor first, and then to look at annexing the entire Urban Growth Area (UGA). When speaking with Kitsap County, they are willing to move forward with the City's assurance we will take all the UGA, which includes the residential areas. Mayor Coppola announced the Council would meet for a Retreat to discuss goals and objectives on Friday, February 20, 2009, at io:oo a.m. at City Hall. Next Work Study Session- Tuesday, March 17, 2009 At 9:2o a.m. the meeting was adjourned. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Retreat Work Study Session February 20, 2009 PRESENT: Lary Coppola, Mayor Councilmembers: Chang, Childs, Clauson, Colebank, Olin, Powers, and Putaansuu ALSO PRESENT: City Attorney Jacoby, City Clerk Kirkpatrick, and Deputy Clerk Rinearson. Mayor Coppola called the meeting to order at 1woo a.m. Elected Officials Handbook City Clerk Kirkpatrick provided an elected officials reference handbook. Parking Upon a brief discussion the Council came to a consensus that parking is an issue for the residents, City employees, and merchants. To help reduce employee parking on City streets, Mayor Coppola will check with the Port of Bremerton as to whether or not space is available for rent in the boat launch parking lot. Goals Short/long term goals/objectives City Attorney Jacoby advised the purpose of the meeting is to identify short-term and long-term goals and objectives. The Council determined the following as their short-term and long-term goals and objectives: Short term goals: 1. Parking Structure —Phase I 2. Annexation of Bethel 3. Getting Tremont Shovel Ready 4. Trail Behind Westbay 5. Library 6. Sidney & Sedgwick 7. Fiscal Plan -IT Planning Modernization 8. Downtown Wings 9. Ferries -Partnership with Bremerton io. Neighborhood Project Plans and Procedures ii. Project Signage February 20, 2009, Retreat Work Study Session Paue 2 of 3 Long term goals: 1. Downtown Parking 2. Growth -Annexation 3. Economic Revitalization -Business 4. Bethel Development/Planning 5. Waterfront from Westbay Trail\Blackjack 6. Parks 7. Tourism 8. Long Range Facility -Public Facilities 9. Neighborhood Revitalization lo. Improve Sidewalks Annexation Mayor Coppola reported on the benefits of annexing the Urban Growth Area. After a brief discussion the Council directed staff to conduct further research and studies of this matter. Downtown Mayor Coppola noted several buildings are for sale in downtown Port Orchard and he was continuing efforts for economic development of that area. Library In response to Mayor Coppola, the Council directed the Mayor to obtain an approximate value of the Library building to help determine if feasible to sell and then lease back until ready to develop. Parks Councilmember Powers noted there would be funds available to purchase the Big Toy once the Street Vacation is approved at the February 24, 2009, Council meeting. The Following items were discussed by Council: • A letter be sent to all property owners of downtown encouraging them to paint buildings and cleanup the property for Cedar Cove Days. • Cedar Cove Days has found several grant opportunities, including one out of Seattle. • Repaint interior of City Hall through use of Public Work staff and community service workers. • Relocating Municipal Court and Police Department in anticipation of growth through annexation. • Schedule group Council photo for display at City Hall. • Informational boards with City's goals and objectives on display at City Hall. • Updating City logo and standardizing fonts throughout the City. February 20, 2009, Retreat Work Study Session Paize 3 of 3 Executive Session At 2:26 p.m. Mayor Coppola recessed the meeting for a thirty -minute executive session regarding potential litigation on SKIA and Housing Authority in accordance with RCW 42.30.i1o(1)(A). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 2:56 pm Mayor Coppola the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of February 24, 2009 7:oo P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank, Olin, and Putaansuu ALSO PRESENT: Police Chief Townsend, City Treasurer Tompkins, Public Works Director Dorsey, Court Administrator Hunt, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Gerry Harmon led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT There were no citizen comments. APPROVAL OF AGENDA City Attorney Jacoby requested an Executive Session be held after presentations regarding Decker vs. City of Port Orchard, and to add Business Item 7F Decker vs. City of Port Orchard. Councilmember Clauson moved and Councilmember Powers seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Childs moved and Councilmember Clauson seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants#51251 through #51303 in the amount of $46,089.60. B. Approval of the February 10, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to March 17, 2009, at 7:00 p.m. at City Hall D. Approval of Public Event Application: Cub Scout Day Camp E. Approval of Public Event Application: Sidney Glen Dolphin Dash 5K F. Adoption of Resolution No. 014-09, Authorizing the Mayor to Sign Contract with Economic Development Services G. Adoption of Resolution No. 015-09, Ratification by Council for Mayor to Sign Professional Services Contract with Teresa D. Johnson CPA, for Specialized Accounting Minutes of February 24, 2009 Page 2 of 6 PRESENTATION Proclamation: National Brain Injury Awareness Month Councilmember Putaansuu read the Proclamation and Mayor Coppola presented the Proclamation to Susan Griffith. Ms. Griffin thanked the Council for their support of this important event. Proclamation: Veterans Home Celebrates qq Years of "Serving Those Who Served" Councilmember Colebank read the Proclamation and Mayor Coppola presented the Proclamation to Tami Reuter. Ms. Reuter thanked the Council and the community for the 99 years served and wished for another 99 years; and invited everyone to the centennial celebration on February 22, 2olo, at 1:30 p.m. Proclamation: Kitsap Spay Day Councilmember Chang read the Proclamation and Mayor Coppola presented the Proclamation to Linda Denise. Ms. Denise thanked the Council for their support. Tara Trezona, founder of Kitsap Spay & Neuter Council, thanked the Council and expressed her enthusiasm for what we can do for animals. Councilmember Clauson noted the City has taken an active role in spay and neutering animals through Resolution No. 1750, which states any dog/cat that is licensed will be free for the lifetime of the pet if spayed or neutered. The licensed cost is $75 for non spayed or neutered cats/dogs. EXECUTIVE SESSION At 7:16 p.m. Mayor Coppola recessed the meeting for a twenty -minute executive session regarding Decker vs. City of Port Orchard, in accordance with RCW 42.30.11o(1)(A). City Attorney Gregory Jacoby and Attorney Carol Morris were invited to attend. The Mayor announced that action would be taken as a result of the executive session under Business Items. PUBLIC HEARINGS Public Hearing: Ordinance No. 003-09, Regarding Street Vacation of Sidney Road — Mist Ventures City Clerk Kirkpatrick presented the staff report, noting Fred Depee, representing the applicant Mist Ventures, submitted a Street Vacation application to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW. A certified check in the amount Of $92,000 for the full appraised value was received. The Public Property Committee reviewed the application and recommended a Public Hearing be set for this matter. Mayor Coppola opened the Public Hearing, and upon there being no testimony, closed the Public Hearing at 7:37 p.m. Public Hearing: Resolution No. o16-oq, Regarding Surplus of Water/Sewer Equipment Minutes of February 24, 2009 Page 3 of 6 City Treasurer Tompkins presented the staff report, noting per RCW 35.94.04o a Public Hearing is required prior to disposal of equipment owned by Public Utility. The 1984 GMC Truck and Snow Plow attachment no longer serves a purpose for the City and staff request it be declared surplus so it may be disposed of in the best interest of the City. Mayor Coppola opened the Public Hearing, and upon there being no testimony, closed the Public Hearing at 7:38 p.m. NEW BUSINESS Adoption of Ordinance No. ooa-og, Approving Street Vacation of Sidney Road — Mist Ventures City Clerk Kirkpatrick presented the staff report, noting earlier in the meeting the Council held a Public Hearing to consider a request by Fred Depee, Mist Ventures, to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW. Staff recommends adoption of Ordinance No. 003-09, regarding street vacation of the 4300 Block of Sidney Road SW. Councilmember Clauson moved and Councilmember Colebank seconded the motion to adopt Ordinance No. 003-09, approving the Petition to Vacate a portion of City right-of-way located in the 43oo Block of Sidney Road SW, as submitted by Fred Depee, with the compensation of $92,000 received for the Street Vacation to be distributed with a 50/50 split between the Street Fund and the Designated Unreserved Fund Balance for Parks. Upon vote, the motion passed unanimously. Adoption of Ordinance No. ooi-og, Amending Storm Drainage Charges for Multi-Family/Commercial Properties City Treasurer Tompkins presented the staff report, noting on November 25, 2008, the Council adopted billing rates for the City's storm drainage utility to be effective January 1, 2009. There are some customers that are willing to calculate the actual impervious ground cover of their property and provide the data to the City for verification so it may be used from the start of the storm drainage billing instead of waiting until after the first 12 months. In amending the Municipal Code from "after" the first 12 months to "within" 12 months, all multifamily and commercial accounts are given the opportunity, if they choose, to provide actual impervious ground cover data to be used in calculating their storm drainage bill prior to the City having the time to conduct actual inventories. Staff recommends adoption of Ordinance No. 005-o9 amending Port Orchard Municipal Code Chapter 13.o6 "Storm Drainage Utility" regarding charges for multifamily and commercial properties. Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to adopt Ordinance No. 005-o9 amending Port Orchard Municipal Code Chapter 13.o6 "Storm Drainage Utility" regarding charges for Minutes of February 24, 2009 Page 4 of 6 multifamily and commercial properties. Upon vote, the motion passed unanimously. Adoption of Resolution No. oii-o9, Authorizing the Mayor to Sign Lease Agreement with Kelley Imaging Systems for City Hall Copiers City Clerk Kirkpatrick presented the staff report, noting the copiers for the Administrative/Finance Departments and the Police Department are up for renewal at the end of March. The Administration/Finance Departments copier is a large multifunctional copier that is utilized by all City departments. The copier in the Police Department is a smaller version and is used for smaller projects within that Department. In addition, Public Works/Planning Departments are requesting their copier be upgraded as well. Staff respectfully requests that the Council authorize the Mayor to sign a lease agreement, including annual maintenance, with Kelley Imaging Systems for a Toshiba e-Studio 3530 Digital Color copier for the Public Works/Planning Departments; a Toshiba e-Studio 5520C Digital Color copier for the Administrative/Finance Departments; and a Toshiba e-Studio 2830C Digital Color copier for the Police Department. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. mi-o9, authorizing the Mayor to Sign a lease agreement, including annual maintenance, with Kelley Imaging Systems for a Toshiba e-Studio 353o Digital Color copier for the Public Works/Planning Departments for 6o-months at $510.33 per month; a Toshiba e-Studio 5520C Digital Color copier for the Admin/Finance Departments for 39-months at $725 per month; and a Toshiba e-Studio 283oC Digital Color copier for the Police Department for 39-months at $413 per month. Upon vote, the motion passed unanimously. Adoption of Resolution No. o16-o9, Regarding Surplus of City Equipment City Treasurer Tompkins presented the staff report, noting the equipment listed no longer serves a purpose for the City and as such it is requested that Council declare it surplus to be disposed of in the best interest of the City. Councilmember Chang moved and Councilmember Olin seconded the motion to approve Resolution No. o16-og, declaring certain City equipment as surplus and authorizing staff to dispose of said equipment in the best interest of the City. Upon vote, the motion passed unanimously. In response to Councilmember Clauson, City Treasurer Tompkins explained that the, IT Manager has the capabilities to ensure the computers' hard drives are cleaned before disposal. City Attorney Jacoby explained that it is a conflict of interest for any Councilmember to purchase the surplus equipment. Minutes of February 24, 2009 Pages of 6 Adoption of Resolution No. 017-09, Authorizing the City Clerk to Sign Agreement Renting Property Located at 21. Prospect Street, Unit 201 City Clerk Kirkpatrick presented the staff report, noting the City owns rental property located at 213 Prospect Street and 215 Prospect Street, both of which are duplexes. The unit located at 213 Prospect Street, Unit 2ol has been vacant since October 1, 2oo8. The City Clerk has been working with a potential renter at a lease amount of $650 per month. References and background checks have been completed and staff recommends approving the rental of the unit. Councilmember Clauson moved and Councilmember Colebank seconded the motion to adopt Resolution No. 017-09, authorizing the City Clerk to enter into a monthly rental agreement with Joli Lund for the unit located at 213 Prospect Street, Unit 201, in the amount of $650 per month, including a deposit in the amount of $650. Upon vote, the motion passed unanimously. Approval of Settlement for Decker vs. City of Port Orchard Councilmember Olin moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute the settlement agreement with Kevin Decker upon Mr. Decker's execution of the agreement. Upon vote, the motion passed unanimously. CITIZENS COMMENTS Cindy Lucarelli, 926 Kitsap Street, Executive Director of the Cedar Cove Association, provided an update on Cedar Cove Days, noting the message was getting out and they have sold out of the bus tours and teas. The Association is partnering with more and more organizations to help bring the event to the community, with people coming even as far away as Germany. COMMITTEE REPORTS Councilmember Clauson noted the City Treasurer has received the sales tax figures from collections in December 2oo8 and compared those figures to the current projected budgeted dollars. The City is approximately $30,000 short in February and $9,000 short year to date of what was budgeted. Councilmember Powers asked staff to purchase the "Big Toy" utilizing funds from the street vacation sale. Councilmember Olin moved and Councilmember Clauson seconded the motion to order the "Big Toy" that was selected by the Public Works Crew and the M.O.M.S., February 25, 2009. Upon vote, the motion passed unanimously. Councilmember Putaansuu announced the Sewer Advisory Committee is recommending renaming the Joint Waste Water Treatment Facility to South Kitsap Water Reclamation Facility. Minutes of February 24, 2009 Page 6 of 6 Councilmember Chang announced the City Hall has free Wi-Fi access on the main floor, which is available to the public. MAYOR'S REPORT Mayor Coppola traveled to Olympia during the previous week regarding ferry issues and reported the legislature may be approving a modified version of Plan A. He noted that Kitsap County Consolidated Housing Authority is negotiating with Bank of America on a settlement to restructure the amount of debt that is owned. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick announced the posting of the City Council meetings by video is now available on the City's website. City Attorney Jacoby announced the Council would be meeting to discuss labor negations, which is not open to the public, following the adjournment of the regular meeting. Public Works Director Dorsey noted the City will not receive any disaster relief funds from the State for the snow storm damage caused in December 2oo8. ADJOURNMENT At 8:03 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor