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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