10/11/2006 - Special - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno, excused
Tye Moore
Carolyn Powers, Mayor Protem
Rick Wyatt
City of Port Orchard
City Council Public Hearing
Regarding the Downtown Overlay District
October 11, 2006
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, Interim
City Clerk Merlino and Assistant City Attorney Jacoby.
At 7:00 p.m. Mayor Abel opened this continued Public Hearing regarding the Downtown
Overlay District (DOD) and called for additional audience comments.
Rick Pezzner, 834 Bay Street, spoke in favor of the Downtown Overlay District, as this
revitalization will generate additional tax revenue for the City. Mr. Pezzner also
suggested when height restrictions are approved, developers should include on-site
parking.
Mary Johnson, 820 Kitsap Street, also spoke in favor of the revitalization of the
downtown core area, however expressed a concern with the City becoming a box city.
Ms. Johnson asked that the businesses remain in a business district and residential
remain in a residential area. Ms. Johnson also questioned the jog in the boundary line
on Kitsap Street.
Paula McClintock, 614 DeKalb Street, spoke in opposition to the proposed height limits,
as her view could potentially be lost. Ms. McClintock asked that the height restrictions
remain as they currently are written.
Rudy Swensen, 710 Bay Street, submitted a letter into the record, speaking in
opposition to the marquee and its ability to limit revitalization to the downtown area.
Mr. Swensen also advised the marquee is not mentioned in the proposed Downtown
Overlay District, therefore there is no process for any type of redevelopment.
October 11, 2006
Page 2 of 5
Ron Rider, 714 Bay Street, asked the Council to allow the downtown business owners
the ability to remove the marquee, so property owners can redevelop their own
properties.
Lorraine Olson, 724 Kitsap St., spoke in support of the Planning Commission's
recommendations regarding the proposed Downtown Overlay District. Ms. Olson
suggested the City developed a vision and a balance so that everyone can agree and
move forward.
Gary Johnson, 820 Kitsap St., asked that the boundary lines stop on Prospect Street
and Sidney Avenue and not move up any further on Sidney Avenue. Mr. Johnson also
asked that the development codes have some allowances and not become too strict.
Mr. Johnson stated he is very excited about the proposed changes to the Downtown
area.
Leone Cotreii-Adkins, 623 DeKalb Street, commented she would lose her view if the City
develops the proposed height limits. Ms. Adkins would like to see the City developed on
a scale that is more appropriate to its natural setting.
Howard Minor, questioned the height restrictions on his property and also encouraged
the City to remove the two billboards in downtown.
Kathy Michael, 228 Seattle Ave., referred to page 7 of the Downtown Overlay District
proposal where is states: "A building fac;ade, whether the front, side, or rear of the
building, that exceed fifty (50) feet in length shall be broken down into smaller
elements ... ". Mrs. Michael advised the marquee is more than 50 feet, therefore is in
direct conflict of the Downtown Overlay District. Mrs. Michael proposed that each
property owner be able to place their own facades on their storefronts.
Billy Jean Winters, 624 DeKalb, spoke against the height limits. Ms. Winters
commented that the homeowners that live on the hillside in Port Orchard have not
taken their views for granted and have improved their homes, which has created the
charm in Port Orchard.
Dick Conroy, 706 Kitsap Street, asked that questions he presented at the last Public
Hearing be answered.
Gil Michael, 228 Seattle, thanked the Committee that worked on developing the
proposed Downtown Overlay District, and recommended they be adopted as presented
with the following additions or comments:
• NEW Section 120(11): All floors above the 2nd floor shall be oriented
perpendicular to the water and be set back from the floor below at least ten feet.
October 11, 2006
Page 3 of 5
• Boundaries: Restore boundaries to those determined by the working group.
• Per Section 100 (2) (b) those buildings between Kitsap and Prospect would be
limited to 39 feet, not 55 feet
• Flexibility of USE would be maintained while keeping height requirements
consistent with present standards.
• Marquee: Allow redevelopment to replace marquee with designs meeting the
Downtown Overlay District requirements.
Howard Minor asked what is the height of City Hall. Mayor Abel advised the building is
over 55 feet tall.
Richard Swartz, 834 Bay Street, commented he has clients that are interested in
developing what the majority of the people in Port Orchard want. He will also be
placing an ad in the newspaper asking for comments on what the people of Port
Orchard want to develop.
Mayor Abel listed the names of citizens who had sent their written comments to the City
since the opening of this Public Hearing.
John Comstock, 2971 Sprague Street, commented there is always room for a
compromise, and wished the Council good luck on make the right decision.
Council Member Geiger moved and Council Member Moore seconded the
motion to close the public input portion of this Public Hearing. Upon vote,
motion passed unanimously.
Council Member Clauson informed those present that he has no personal gain or
financial interest in the redevelopment of Port Orchard.
Assistant City Attorney Jacoby further advised the City Council is making a legislative
decision, and this is not a quasi-judicial issue regarding the Downtown Overlay District;
therefore the Appearance of Fairness Doctrine does not apply to this decision. Assistant
City Attorney Jacoby advised Council Members Clauson and Geiger that is was not
necessary for either of them to step down from the Council table.
The City Council started their deliberation on boundaries of the Central Downtown
Overlay District.
Council Member Geiger discussed the boundaries and asked for clarification of how it
relates to the view protection ordinance.
October 11, 2006
Page 4 of 5
Assistant City Attorney Jacoby reviewed the View Protection Ordinance and illustrated
the difference between building heights vs. structure heights.
At 8:29 p.m. Mayor Abel called for a 5 minute recess with meeting reconvening at 8:34
p.m.
Assistant City Attorney Jacoby presented the legal definition of height limits, so that the
Council would have that information when they develop their policy.
Council Member Powers spoke in support of the Planning Commissions boundary
recommendations.
Council Member Clauson supported the Mayor's suggestion by asking the Housing
Authority to come in and illustrate via computer what the views of the City could
potentially look like.
At this time the Council moved their discussion to parking regulation in the downtown
core area.
Council Member Geiger concurred with the recommendation to require two parking
stalls per dwelling unit and discussed the potential of having elevators within the
structure to stack the vehicles.
Council Member Clauson commented parking is a very important issue and strongly
suggest limiting driveways accessing on to Bay Street. Council Member Clauson
encouraged building a community parking lot or central parking lot that all developers
would contribute to.
At this time the council moved their discussion to permitted uses within the Central
Downtown Overlay District.
Assistant City Attorney Jacoby presented a handout, which illustrated the current
permitted uses, and the proposed permitted uses within the Downtown Overlay District.
Council Member Clauson recommended retail uses be allowed on the first floor and
professional services on the second floor.
Assistant City Attorney Jacoby advised he is amending the language to include
professional services w'ithin permitted uses.
Council Member Clauson spoke in opposition to not allowing water transportation as a
permitted use within the Downtown Core.
October 11, 2006
Page 5 of 5
At the time Council continued this meeting to October 30, 2006 and if necessary to
November 6, 2006, at 7:00 p.m.
On motion by Council Member Clauson, seconded by Council Member Moore
Council moved to excuse Council Member Diienno from this meeting. Upon
vote motion passed unanimously.
This portion of the meeting concluded at 9:52 p.m. and is continued to October 30,
2006 at 7:00 p.m.
~~Yrw_~
Michelle Merlino
Interim City Clerk
Kim E. Abel
Mayor