04/18/2007 - Work Study - MinutesCity of Port Orchard
City Council Study Session
Regarding the Development Regulations Project
April 18, 2007
PRESENT: KIM E. ABEL, MAYOR
COUNCILMEMBERS: John Clauson, Fred Chang, Rita Dilenno, Robert Geiger, Rob
Putaansuu and Rick Wyatt.
ABSENT: Council Member Powers
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City
Clerk Merlino and City Attorney Combs.
City Attorney Combs opened the meeting at 7:02 p.m. and started discussion by
confirming the cancellation of meetings scheduled for May 1 and 15, 2007 and reviewed
the decisions that were made at the April 3, 2007 Study Session.
The following topics were discussed with recommendations by the City Council:
Tremont Corridor Specific Plan (April 3, 2007 Meeting)
McGavick Graves letter dated April 13, 2007, Page 2, Issue 3C: "Village Concept" -
Council asked City Attorney Combs to clarify and add the definition of a strip mall.
View Protection Guidelines and Requirements
See attached letter from City Attorney Combs, dated May 31, 2007, which summarized
the action the Council agreed upon regarding view protection guidelines. The Council
did ask the City Attorney expedite the changes to the View Protection Ordinance so that
it is in place when the Downtown Overlay District Plan is adopted.
The Council asked if they could come back to the following topics at another meeting:
• Definition of View Corridor
• Definition of Vacant Land
• Definition of Adjacent Land
Meeting adjourned at 9:05 p.m.
Next Meeting is scheduled for June 5, 2007 at 7:00 p.m.
Kim E. Abel, Mayor
MCGAVICK
GRAVES
ATTORNEYS AT LAW
A Professional Services Corporation
www.mcgavickgraves.com
Loren D. Combs
ldc@mcgavick.com
1102 Broadway, Suite 500
Tacoma, Washington 98402-3534
Telephone (253) 627-1181
Fax (253) 627-2247
May 31,2007
Original Sent Electronically and U.S.P.S. Mail
to Jeri Gilreath for Copying and Distribution
Mayor Kim Abel
Council Members
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
RE: Our File No.: 27573
L. Paul Alvestad
Gregory F. Amann
Lori M. Bemis
Loren D. Combs
T. Gary Connett
James W. Feltus
Jennifer A. Forbes
Brian L. Green
Dennis P. Greenlee, Jr.
Henry Haas
Gregory A. Jacoby
K. Michael Jennings
Project: Development Regulations Project
Dave J. Luxenberg
Chris D. Mahany
Timothy J. McLaughlin
Barbara Jo Sylvester
Christy A. Todd
Joseph P. Zehnder
Of Counsel
Ray Graves
Lawrence B. McNerthney
William P. Bergsten
Robert L. Beale
Gregory H. Pratt
Leo A. McGavick
(1904-1994)
RECEIVED
JUN 0 5 2007
CITY OF PORT ORCHARD
CITY CLERKS OFFICE
Subject: Agreed Changes from April 18, 2007 Meeting
Dear Mayor and Council:
Well, now I remember one of the reasons it was so important to keep the
meetings running on track, without letting too much time pass between them; I get out of
the rhythm of the process! Our last meeting was on April 18, 2007. Both of the May
meetings were cancelled. Our April 18 session was another productive, on time
meeting. Set forth below is the summation of the items on which no less than 4 council
members agreed.
CONFIRMING APRIL 3 MEETING DECISIONS
The Council confirmed that my letter presented for the April 18, 2007 meeting
accurately reflected the decisions that were made at the April 3 meeting, WITH ONE
CLARIFICATION. On the Tremont Corridor Specific Plan, the Council agreed on the
way that I described in my "Friday the 13th .. letter the "village concept, but wanted to also
have added that there were to be no strip malls or big box buildings.
AGREED ISSUES
VIEW PROTECTION GUIDELINES AND REQUIREMENTS (Tab 26)
General Issue. The only part of this document that was adopted by the
Council was Ordinance 1785, which is the View Protection Overlay District (VPOD).
When we do the final compilation of the Development Regulation changes later this fall,
MCGAVICK
GRAVES
ATTORNEYS AT LAW
A Professional Services Corporation
Mayor and Council
May 31, 2007
Page 2
I will work with staff to determine how they want to modify this document so that it is
helpful, as well as enforceable.
Issue 1. The Overlay District language will be standardized so that as many
sections as possible will be identical (definitions, process, appeals, etc.), and then there
will be a separate stand alone chapter for each OD that contains the unique provisions
applicable to the specific district. It was also decided that in those cases where more
than one OD applies to a specific parcel, then the most stringent OD requirement will
apply and will override the other OD and the underlying zoning code as to that issue.
Issue 2. The VPOD boundaries will not be modified as part of this process.
Instead, the Planning Director will contact one of the local higher education institutions
to see if this can be made a "class project".
Issue 3. There were no suggested changes from Council or staff as to the VPOD,
other than the items that are covered under other issues. I will take care of the
scrivener "clean up" items in the final draft to be presented this faiL
Issue 4. The Building Official discretion sections in the VPOD will be eliminated. If
any deviation is requested from any adopted VPOD requirement it will be processed as
a Conditional Use Permit.
Issue 5.
deleted.
The mediation\arbitration provision in Ordinance 1785, section 8 will be
Issue 6. No agreement was reached on how to define "view corridor", but it was
agreed that one was needed. I will craft some language which will be included in the
final document for consideration during the public review process.
Issue 7. Any requests for a variance from the VPOD (Ord. 1785, section 13) will be
processed by the Hearings Examiner, with a closed record appeal to the City Council.
Issue 8. Section 15 of ordinance 1785 relating to exemptions from the VPOD for
"trees and foliage" planted before December 13, 1999 (the ordinance effective date)
shall be deleted.
MCGAVICK
GRAVES
ATTORNEYS AT LAW
A Professional Services Corporation
Mayor and Council
May 31,2007
Page 3
That concludes the April 18, 2007 meeting agenda items, and the resolution of
the outstanding issues. June 5 at 7 P.M. is the next meeting date, at which time we will
be starting our review of the sign code and the zone code, after you approve or modify
the April 18, 2007 meeting results set forth above.
LDC:kmt
1:\DOCS\P\27573\Mayor-Council May 31 letter.doc
Sincerely,
SENT WITHOUT S!GNl~TURE
TO AVOiD DELAY.
Loren D. Combs