10/03/2006 - Special - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno
Tye Moore
Carolyn Powers, Mayor Protem
Rick Wyatt
City of Port Orchard
City Council Public Hearing
Regarding the Downtown Overlay District
October 3, 2006
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Interim
City Clerk Merlino and Assistant City Attorney Jacoby.
Mayor Abel called this meeting to order and asked City Attorney Jacoby to present an
overview on the proposed Downtown Overlay District (DOD).
City Attorney Jacoby began discussion by identifying documents that have been
submitted to Council for the record, such as a redlined version of the proposed changes
of the Downtown Overlay District (DOD), as recommended by the Planning Commission
and maps outlining the proposed boundaries, as well as citizen written comments. City
Attorney Jacoby advised the Downtown Overlay District (DOD) is a proposal for an
amendment to the Zoning Ordinance to add development standards for the downtown
central area. The affected properties are currently zoned Commercial, Mixed Use
District, Community Facilities and Residential 8 (R8). The current Comprehensive Plan
designation is Commercial, Medium Density, and Public and Community Spaces. The
subject properties are located within the City of Port Orchard, on various properties
between Wilkins Blvd. to the west of the downtown area of the City, and up to Mitchell
Avenue to the east of the City, with the downtown core bordered by Water Street to the
west and Seattle Avenue to the East and various parcels south of Bay Street. City
Attorney Jacoby further advised this Public Hearing is for the discussion of the
Downtown Core Area only.
City Attorney Jacoby reviewed each section in the DOD Regulations noting the changes
and recommendations presented by the Planning Commission.
October 3, 2006
Page 2 of 6
Planning Director Long-Woods reported on the revised boundaries that the Planning
Commission recommended, specifically to the East Wing DOD, eliminating most of the
Mitchell Avenue Corridor. Planning Director Long-Woods further advised that the City
has notified all home and building owners within the Central DOD and also those
residents within 300' of the boundaries of the Proposal to Amend the Zoning Ordinance
and Add Development Standards for the "Downtown Overlay District".
Mayor Abel also noted for the record a color map illustrating an aerial view of Port
Orchard depicting a potential effect if the proposed Downtown Overlay District was
adopted.
At 7:32 p.m. Mayor Abel opened the Public Hearing for audience comments.
Marge Gissberg, 840 Prospect Alley, objected to the proposed change to the zoning
ordinance, specifically to the heights and density that is being proposed. Ms. Gissberg
also asked that Council Member Clauson recluse himself, due to a conflict of interest as
his brother is a potential real estate investor in Port Orchard. Ms. Gissberg also
commented that Port Orchard does not need to have building heights at 55'.
David Freeman, architect located in Gig Harbor, and representing a developer who
proposes to convert the Dockside Marina (35 Bay Street) into nine luxury condominium
residents, upon approval of the Downtown Overlay District. Mr. Freeman submitted a
letter into the record, with the following requests and/or recommendations:
• The property located at 35 Bay Street is currently included in the West Wing of
the DOD and is asking that this property remain in the Overlay District and not
be removed.
• Requesting that the Planning Commission start working on the East and West
Wings of the DOD immediately.
• Requesting the language be changed in Section .040 Permitted Uses-allowing
condominiums in addition to retail mixed uses on the ground floor.
• Requesting the City to review its Shoreline Plan and amend it to allow
development closer the shoreline.
Gerry Harmon, 906 Kitsap Street, spoke in opposition to the proposed height
restrictions. Ms. Harmon advised this would destroy the value of the historical homes in
the area, as well as her view. Ms. Harmon also stated that only the people who
purchase the condominiums built at the 55 feet height would have the best view.
Dick Conroy, 706 Kitsap Street, asked Council if the current sewer lines are capable of
servicing this area, and when they were last updated. Mayor Abel advised the City is
currently reviewing the City's Sewer Comprehensive Plan.
Rudy Swensen, 710 Bay Street, presented a letter for the record, stating the proposed
changes to the zoning ordinance will only benefit new construction, and have failed to
October 3, 2006
Page 3 of 6
address existing property owners, specifically the marquee which is attached to their
buildings. Mr. Swensen is requesting the City include language in the proposed
Downtown Overlay District, to allow the current property owners the ability to maintain
their buildings as follows:
• Maintenance -painting, brick work
• Remodeling-face lift, i.e. siding exterior lighting
• Constructing new buildings, in compliance with proposed zoning changes.
Dana Harmon, 824 Kitsap Street, strongly opposes the 55-foot height restriction. Ms.
Harmon advised she and some of the neighbors put balloons on Bay Street and Kitsap
Street, which illustrate what, the 55 feet height restrictions could represent, and how it
will obstruct their views. Ms. Harmon also expressed a concern with the increase traffic
to Bay Street if condominiums were build, and who is going to pay for this impact. Ms.
Harmon also asked why a Citizens Advisory Group was not developed, since it is a direct
impact to the citizens of Port Orchard.
Ron Rider, 714 Bay Street, expressed a concern with the Council's decision to repair the
current marquee. Mr. Rider advised these buildings are an investment to the downtown
business owners and the decision to remove or maintain the marquee should be up to
the downtown business owners.
Mary Johnson, 820 Kitsap Street, expressed a concern with the residents losing their
views and also the growing need for additional parking in downtown core area. Ms.
Johnson also questioned one of the Council Members having a potential conflict of
interest, due to a relative investing in real estate in Port Orchard.
Lorraine Olson, presented pictures of balloons in the area, illustrating the 55-foot height
restrictions. Ms. Olson complimented the Council and Planning Commission on a very
well thought out plan. Ms. Olson advised this document would also provide vision and
direction for the Planning Department and Planning Commission in the future. Ms.
Olson also commented she would be very interested in participating in a Citizens
Advisory Group.
John Phillips, 824 Kitsap Street, expressed a concern with the lack of parking in the
downtown core.
Dr. Gary Christman, 700 Prospect Street, commented parking is the biggest issue for
Port Orchard, especially for multiple businesses occupying one building. Dr. Christman
would like to see a Citizens Advisory Group created.
Bill Crawford, 821 and 825 Bay Street, expressed a concern with the marquee being
attached to his building and his limited ability to remodel and update his building. Mr.
Crawford also expressed a concern with the proposed limited height restrictions on the
north side being 25-30 feet, with the south side having the 55 feet restrictions. Mr.
October 3, 2006
Page 4 of 6
Crawford commented with the new height standards, if he were to redevelop his
property, he would be reducing his height, as currently his building is over 25 feet in
height.
Richard Swartz, 824 Bay Street, business owner, advised he is willing to take the
marquee down at his own expense and replace it. Mr. Swartz also expressed a concern
with the height restrictions. Mr. Swartz advised he is currently proposing a
development that is below the 55-foot height restrictions.
Elizabeth Harwood, 515 Kendall Street, spoke in opposition to the proposed height
restrictions and also expressed a concern with increased traffic in the downtown area
due to the new developments.
Ron Bates, Southworth resident and developer who built properties in West Seattle,
asked what type of use is being proposed on the north side of Bay street. Mayor Abel
advised it is mixed use. Mr. Bates expressed a concern with mixed use, because of the
potential of not being able to rent the space. Mr. Bates stressed the need for the
developer to provide two full parking stalls per residents~ which will control the footprint
of the building. Mr. Bates also suggested putting the parking underground to help
reduce the obstruction of the view properties.
Gerald Childs, 623 Kitsap Street, asked the Council what they want Port Orchard to look
like. Mr. Childs suggested either Gig Harbor or Anacortes, where both cities maintain
their vintage homes in the downtown core and also their business district. Mr. Childs
expressed a concern with developers coming into town and developing large
condominium projects. Mr. Childs would like to see more charm in Port Orchard and
less commercial. Mr. Childs also commented he is not against development, just the
heights that could obstruct view properties.
Dick Peterson, 821 and 825 Bay Street, expressed a concern with Council Member
Geiger deciding on this issue, due to a conflict of interest, with his business on Bay
Street. Mr. Peterson recommended taking the marquee down and letting the building
owners take care of their own property. Mr. Peterson expressed a concern that the
marquee is inconsistent with the proposed Downtown Overly District.
Howard Minor advised the view does not belong to one person and further commented
the marquee was given to the City to maintain.
Billy Jean Winter, 624 DeKalb, expressed a concern with the proposed height
restrictions and the obstruction to the views. Ms. Winter would also like to maintain the
Port Orchard charm and also keep development to the current two-story height limit.
Artie Stone, 315 Sidney Avenue, expressed a concern with losing the view and the
historical importance to the residents within the central downtown core.
October 3, 2006
Page 5 of 6
Charles Street, Harrison Avenue resident, spoke in opposition to the 55 foot proposed
height restriction and the potential of loss in property values.
Mary Souza, representing the owners of the Annapolis Mini Storage facility, asked the
Council to include in the East Wing Overlay District all of the properties on Bay Street
down to the east side of the City limits. This would include the Annapolis Mini Storage
facility. Ms. Souza presented pictures illustrating the many commercial businesses in
the area. Ms. Souza requested the Council take into consideration the zoning of the
area, which is currently zoned medium density residential and asked the Council to
redesignate it commercial high density.
Fred Olin, 291 Tracy Ave. N., asked that Council Members Clauson and Geiger remove
themselves from this discussion, due to an appearance of fairness. Mr. Olin spoke in
favor of the revitalization of Port Orchard, however expressed a concern with the
proposed 55 feet height restrictions. Mr. Olin in conclusion applauded the City on their
decision to move forward with the revitalization of downtown.
Gil Michael, Planning Commission Chair, explained and illustrated on a map the changes
the Planning Commission recommended for the central downtown core area. Mr.
Michael also clarified the Planning Commission's recommended changes regarding the
parking requirements, which combines the existing regulations and adds the
requirement of one parking space per dwelling unit.
Gil Michael, speaking on his own behalf, asked the City Council to adopt the boundaries
that were originally suggested by the Joint Study Group and perhaps expand to include
Kitsap Street up to Seattle Avenue. Mr. Michael also concurs with the other comments
concerning the desire to maintain the historical character of Port Orchard. Mr. Michael
would like the Planning Commission to start working on the regulations for the east and
west wings of the Downtown Overlay District as soon as possible. Mr. Michael would
also like to have parking garages developed outside the central core area. In
conclusion, Mr. Michael supports the recommendation to let each developer remove the
marquee if they so chose to remove it.
Stephanie Bailey, 624 Kitsap Street, asked that her property be included in the central
downtown overlay district. Ms. Bailey concurs with all the amenities associated with the
Downtown Overlay District. Ms. Bailey would like the City to maintain the historical
charm, however expressed a concern with the possibility of turning Port Orchard into a
box town. Ms. Bailey expressed a concern with the 55-foot height restrictions and
suggested a 40-foot height limitation.
Pauline Williams, resident located on Prospect Alley, spoke in opposition to the
proposed height restrictions and if approved would lose their view and potential
property values.
October 3, 2006
Page 6 of 6
Richard Swartz commented on the parking and advised his development is proposing a
maximum of one parking stall per unit. Mr. Schwartz is looking at less parking to help
alleviate traffic congestion in the core area. Mr. Schwartz is opposed to the 55-foot
height restrictions, as it will depict a canyon look. Mr. Schwartz is advocating a 27' feet
height restriction on the uphill side and to allow development along the topography of
the area. Mr. Schwartz will ask Kitsap Transit to reroute service to help better serve
the area and reduce congestion on Bay Street.
Doris Scott, Kendall Street resident, would like to maintain the charm of Port Orchard
and advised she will not shop in downtown if the City develops parking garages and
large residential developments.
Gary Johnson, 820 Kitsap Street, suggested moving the boundaries down to Bay Street,
and restrict businesses to two stories in height. Mr. Johnson also suggested removing
the marquee from the buildings.
Gil Michael suggested the proposed height limits be reduced to 40 feet.
Elizabeth Harwood, agreed with the idea of the green building, but would like an
explanation of how this will take care of the parking and traffic issues on Bay Street.
Jennifer Doubleaire, Bremerton resident, would like to see the charm of Port Orchard
maintained along with other facilities or services to attract a younger clientele.
Ron Bates reiterated his concern regarding parking in that a developer needs to provide
two full parking stalls per dwelling unit.
Dana Harmon, 824 Kitsap Street, commented the people of Port Orchard want the
charming characteristic maintained in Port Orchard. Ms. Harmon expressed a concern
with Port Orchard becoming a box community.
Mayor Abel asked for more audience comments. No further comments were received.
Council Member Diienno moved and Council Member Moore seconded the
motion to continue this public hearing for more written comments and public
testimony to October 11, 2006 at 7:00 p.m. Upon vote, motion passed
unanimously.
This portion of the meeting concluded at 9:27 p.m.
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Michelle Merlino, Interim City Clerk Kim E. Abel, Mayor