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06/04/2018 - Minutes 1 City of Port Orchard Land Use Committee Meeting Minutes – June 4, 2018 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, Long Range Planner Keri Sallee Guests: Eric Baker, Kitsap County Policy Manager; Kim Allen and Bill Powell, Wireless Policy Group Chair Diener called the meeting to order at 9:32 am. 1. Presentation and Discussion: At the invitation of the committee, Kitsap County Policy Manager Eric Baker gave a presentation on the County’s Transitory Accommodations code (KCC 17.505). In 2017, the County adopted the current Transitory Accommodations code, which provides standards for the establishment, operations and maintenance of nontraditional short-term housing options for homeless and at-risk populations within the County. The accommodations can be sponsored and managed by a religious organization and/or a public agency, or by an individual or other group in the case of a single-family accommodation. The code breaks down transitory accommodations into several categories: small transitory accommodations (up to 10 shelters and 25 persons), large transitory accommodations (from 11 to 40 shelters and up to 50 persons), safe parks (areas where a maximum of 6 vehicles or RVs, with a maximum of 25 persons, may safely park), indoor transitory accommodations (serving up to 75 persons in an existing building), and single-family transitory accommodations (RV and/or other shelter serving up to two households). Transitory accommodations permitted according to this code are required to provide adequate services including water, wastewater and garbage disposal, sanitary facilities and electricity. A code of conduct, site plan, emergency plan, security plan (for large accommodations,) and other health and safety requirements are required for accommodations other than safe parks, and accommodations which do not comply with these requirements may have their operating permit revoked. Prior to receiving a permit for a transitory accommodation, the applicant is also required to provide public notice and hold a neighborhood meeting. Baker said that when an accommodation is proposed, the County may assist with permit fees, although the cost of development, site management, case services, etc will be the responsibility of the host and/or sponsoring agency. He noted that unless a temporary accommodation is converted to a permanent accommodation (more than one year of operation), the County will not require traffic impact fees, SEPA review and other requirements that are normally imposed on development proposals. As of the current date, no applications have been received, which Baker said is partly due to high property values, especially for suitable sites in urban areas that are close to transit and social services. A church in the Port Orchard UGA is currently considering whether to apply for a transitory accommodation permit on their property. Community Development Director Nick Bond said that the County code could be used as a template if the City Council wants to adopt specific regulations for transitory accommodations in the city. Under the City’s current code, transitory accommodations could only be permitted in commercial zones. Bond said that transitory accommodations would need to be included in the zoning code as a temporary and/or permanent land use, with appropriate regulations (including enforcement provisions) and a designated permit process. The Council would determine whether permit fees or other costs would be subsidized by the City. The committee agreed that development of a transitory accommodations code could be on the 2019 work plan if the full Council approves it. 2 2. Discussion: Active Club Management Alternatives. The committee postponed this item to the July meeting. 3. Discussion: Small Cell Facilities Ordinance. Bond gave a summary of the most recent draft Small Cell Facilities code, with changes requested by Kim Allen, Wireless Policy Group (representing Verizon Wireless), and comments from the City Attorney. Most of the concerns that have been expressed by staff and the City Attorney involve aesthetics and measures to conceal equipment. Allen said that when 5G technology rolls out, it will be transmitted through the network of small cell facilities that is currently being built, instead of through traditional large cell towers. Although there will be more small cell facilities to serve an area than the number of traditional towers needed to serve the same area, the reduced size of each small cell facility will result in less overall visual impact. With regard to height limitations, Allen said that a small cell utility mount and antenna may need to extend up to 15 feet above a pole in order to meet safety clearances for overhead wires and other hazards. Flush-mounting equipment to poles is not permitted by the national electrical code, and radio equipment cannot be located in an underground vault because of moisture buildup. A minimum number of conjoined antennas at one location (approximately 8) is necessary to enable 5G transmission. The committee agreed that changes to the proposed language to address these and similar design limitations are acceptable. Changes were also made to extend the construction window under each permit from 6 months to one year, and to clarify the permit and telecommunication franchise requirements. Bond showed Allen several photos of poor cell facility appearance (i.e., prominent equipment with no concealing measures), as examples of what the City wants to prevent. Allen will provide the Council with photos of small cell facility designs that minimize visual intrusion, which may be included as examples in the final code. 4. Discussion: Letter to County on Hanley Comp Plan Amendment. Chair Diener said that Hanley Construction has requested a comprehensive plan amendment request to redesignate their property on Fircrest Drive SE from Urban High Density Residential to Urban High Intensity Commercial. The property is in the City’s UGA. The current use of the property as a construction and equipment yard and office is nonconforming to the existing residential land use designation and zoning. A construction and equipment yard is considered an industrial use in the City’s comprehensive plan and zoning code. It is also listed as an industrial use (contractor’s storage yard) in the County’s land use table, KCC 17.410.044. Therefore, the County’s proposal to redesignate this property’s land use from residential to commercial would not resolve the nonconforming use issue, and a commercial land use designation would not allow expansion of the existing nonconforming industrial use. It would also be inappropriate for the property to be redesignated as industrial, since the surrounding properties are residential, and a majority of the industrial uses that could be developed and operated on the site would be incompatible with nearby residential uses. At the Council’s request, Bond has prepared a letter that addresses the above issues, with the recommendation that the County consider an area-wide redesignation of this property and surrounding residential properties to an industrial category. This would prevent a “piecemeal” land use change which would prolong the existence of a nonconforming use, and which could potentially create an island of more intense and incompatible land uses in an area that is currently intended for future residential development. Diener said that since he is employed by Kitsap County, he will recuse himself from providing final direction on the letter as a committee member, and will also recuse himself from any vote on the letter taken by the full Council. Bond will put the letter on the business agenda for the June 12 Council meeting. 3 5. Discussion: Significant Trees Code. Bond said that the City’s current significant trees protection code has a major loophole, which requires significant tree protection only if a property owner is requesting a development permit. The code does not prohibit an owner from simply going out and cutting down the significant trees on their property. Bond has prepared a draft replacement code that addresses all significant trees, not just those included in a development proposal. The replacement code includes revisions to definitions, replacement ratios, and planting and maintenance requirements, as well as exemptions for danger trees. The committee asked Bond to provide more information on the purpose of significant tree protection in the final draft code and ordinance. 6. Discussion: Fireworks Stand at Christian Life Center. Bond said that the City has received an application from the Christian Life Center for a seasonal fireworks stand on their property at SE Lincoln Ave, which is zoned Residential 4.5. City code allows fireworks stands only on properties zoned Commercial; however, in previous years when the Fire District was administering the fireworks permits, the zoning apparently wasn’t checked and permits were issued to the Christian Life Center. The zoning code update which is in progress will provide updated regulations for fireworks stands, but in the meantime, to avoid unfairly penalizing the church, Bond will make an interpretation that the fireworks stand is a normal accessory use to the church and thus allowable under the current code. 7. Discussion: Public Art on PSE Street Light Cabinets. Bond said that the City has received a citizen request to allow “art wraps” on traffic light and utility cabinets located in City right-of-way. However, many of these cabinets belong to WSDOT and non-City utility providers, and permission will need to be obtained from those agencies in order to install wraps on those cabinets. With regard to art wraps on City-owned cabinets, the committee was supportive, and requested Bond to provide more information about the proposal to the full Council at the June 12 meeting. Chair Diener adjourned the meeting at 10:50 a.m. Audio-only recording was successful. Next Meeting/Location: July 2 at 9:30 am, in the 720 Prospect conference room.