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08/26/2019 - Minutes1 City of Port Orchard Land Use Committee Meeting Minutes – August 26, 2019 Committee Members Present: Scott Diener (chair), Fred Chang, Shawn Cucciardi City Officials and Staff: Mayor Rob Putaansuu, Community Development Director Nick Bond, Public Works Director Mark Dorsey, Code Enforcement Officer Doug Price, City Clerk Brandy Rinearson, Long Range Planner Keri Sallee Guests: Scott and Kristen Farnam Chair Diener called the meeting to order at 9:05 am. 1. Discussion: Trinh Street Vacation Request. City Clerk Rinearson gave a summary of the vacation application from Ms. Minh Trinh, which requests vacation of the unopened right-of-way (ROW) of Cline Ave located between her property and Vlist Motors. The vacation is requested because the house on Trinh’s property, which was built in 1891, has unpermitted additions located almost entirely within the ROW. She cannot maintain or improve these portions of the house because of this situation. If the vacation is approved, the ROW would be split between Trinh and Vlist, which means that some of her house would then be on Vlist’s property. She would then need to work with Vlist to acquire that property through a private action, such as a boundary line adjustment or action of adverse possession, neither of which would involve the City. The committee supported the request and recommended that Trinh work with Vlist and the other neighboring property owner, Suanne Martin Smith (Homemade Café) to obtain signatures for vacation of the entire length of Cline Ave ROW, not just that portion adjacent to Trinh’s house. Rinearson will follow up with Trinh on this matter. 2. Discussion: Lease Agreement with Key Bank. Rinearson said that she discussed the committee’s questions from the July meeting about the Key Bank proposed lease with the bank’s leasing representative. The bank does not wish to make any changes to the proposed lease area or the lease terms, although they were willing to add automatic increases to the lease amount on an annual basis or otherwise as the City prefers. The lease with the revised financial terms will go to the September 10 Council meeting for approval. 3. Discussion: Request to Purchase Property Adjacent to 2451 Sidney Lane. The committee continued the discussion of this proposal to purchase an area of ROW adjacent 2451 Sidney Lane from the July meeting. The owners of the property, Scott and Kristen Farnam, were present. Public Works Director Dorsey said that although the City supports the ROW vacation/sale in concept, more information is necessary to understand whether the action is feasible. The Farnams, who want to add enough land to their property to have a shed outside of their septic drainfield and setback areas, will need to have the proposed vacation area surveyed and have a legal description prepared, with information on all existing utilities, easements, encroachments and any other potential encumbrances. Coordination with utility providers such as PSE and Comcast may be required. The committee will discuss the proposal with the full Council at the September 10 meeting, after which Rinearson will get back in touch with the Farnams on next steps. 4. Discussion: Dangerous and Unfit Buildings New Code. Code Enforcement Officer Price gave an overview of the proposed changes to Title 20 code language related to unfit/dangerous buildings. Chapter 20.212 designates the Board of Building Appeals (BBA) as the hearing body for appeals of abatement orders; however, such appeals are not appropriate to the original intent of the board. Community Development Director Bond said that this code amendment 2 is fairly time sensitive as DCD is expecting an appeal with the next few days which it would be inappropriate for the BBA to hear. Upon request by the City, the City’s municipal court judge has agreed to serve as an administrative hearing officer for abatement appeals. Other amendments to Chapter 20.212 are proposed to clarify appeal procedures, stays during appeal, recovery of costs, modifications of orders, and emergency actions. This process will be less costly for applicants than using a regular city hearing examiner, and legal counsel does not find any conflict of interest in having the municipal court judge serve in this capacity. Substitutions with a pro tem judge can be made if the City’s regular judge has a conflict of interest in a particular case, just as with a regular court case. Mayor Putaansuu said that although the current judge, Tim Drury, had fifteen years on the City’s Planning Commission before being appointed to the municipal court, and would understand abatement cases, he was concerned that a pro tem judge was not likely to have the land use experience for such cases. Price said that he and the City Attorney will work on the Mayor and committee’s concerns about administrative procedures and alternatives for cases where the City’s regular municipal court judge is not available. The code revisions will go to the September 10 Council meeting as an action item. 5. Discussion: Potential Tax Abatement Code Revisions. Bond said that proposed revisions to the tax abatement code requirements and mapped areas were prepared based on Council discussions in June. There would be three zones, or types, of tax abatement areas based on requirements for affordable housing, proximity to transit stops, development or contribution to public amenities/benefits, construction of below-grade parking, and redevelopment vs. development of greenfield sites. The revisions will be further refined and taken to the September 24 Council meeting as a discussion item, after which staff will work on a draft ordinance for a future work-study meeting. 6. Discussion: VISION 2050. Bond presented a letter in support of the current draft of the PSRC’s VISION 2050 regional plan, which was provided for public comment in July. The PSRC made several changes to the previous draft of the plan, regarding population allocations and community designations for the Kitsap cities, based on comments that were provided in June by the County and Kitsap cities. The committee approved having the letter signed by the Mayor and sent to the PSRC. 7. Discussion: 2019 Comprehensive Plan Amendments. Bond gave a summary of the 2019 Comprehensive Plan amendments, all of which are City-initiated. The City’s 6-Year Transportation Improvement Plan (TIP) has been updated to the 2024 planning horizon. Appendix B of the Comprehensive Plan will reference the updated TIP and will also include the appendices of the Bethel/Sedgwick Corridor Study Plan. The Land Use Element has been revised for consistency with the PSRC’s terminology for local centers, and various changes to the sizes and regulatory requirements for the City’s centers have been made to more closely align with PSRC requirements, the City’s vision for its centers, and current zoning regulations. Changes to the City’s budget and capital facilities plan can still be incorporated into this amendment. The amendment will be put on the October 15 Council work- study agenda. 8. Discussion: Park Plan Update RFP. Bond said that staff has prepared a Request for Proposal (RFP) for consultant assistance to prepare a new City Parks Plan. The City’s Parks Plan is out of date, and the City is no longer eligible for state grant funding for parks and recreation until a new plan is prepared. The RFP has been signed off by DCD, Public Works and the City Attorney, and is proposed to be published the first week of September. It is anticipated that a consultant will be hired in October 2019, chosen by a selection committee that will include, at a minimum, DCD and Public Works staff, a Council Member, a Planning Commissioner, and a community representative. Chair Diener volunteered to serve on the selection committee and will reach out to potential community volunteers. DCD staff will request a Planning Commission volunteer at the Commission’s next meeting on September 3. Bond will continue to provide the committee with information on the Parks Plan update as it moves forward. 3 9. Discussion: Tenant Certificate of Occupancy Building Code Amendment. Bond said that Section 200.200.012 POMC, which includes local amendments of the International Building Code, has been revised to include a requirement that a change in use or occupancy classification of a building also requires a certificate of occupancy. This is intended to trigger a review of business license requirements, zoning compatibility with the proposed use, required building improvements for the proposed use, utility connections, and any associated permits or fees. In particular, this is important for “shell” buildings that are built for multiple tenants without specified uses at the time of building permit issuance. The revised code will be put on the September 24 Council action agenda. For the remainder of 2019, there is no set meeting schedule for the Land Use committee. At each meeting, the committee will determine the date and time of the next meeting. Chair Diener adjourned the meeting at 10:34 a.m. Next Meeting/Location: September 23, 2019 at 9:30 am in the DCD Building (720 Prospect St) conference room.