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06/04/2007 - Special - MinutesPRESENT: Kim E. Abel, Mayor City of Port Orchard City Council Deli be ration Regarding the Downtown Overlay District June 4, 2007 Council Members: Wyatt, Chang, Clauson, Geiger, Dilenno and Putaansuu. Council Member Powers absent. ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City Clerk Merlino, and Assistant City Attorney Greg Jacoby. At 7:00 p.m. Mayor Abel opened the meeting advising the Council that Assistant City Attorney Jacoby has prepared a draft outline for a possible Design Review Board and asked the Council to review this document for discussion at the next meeting. Mayor Abel started the Council deliberation on maximum structure heights and asked each Council Member for their comments and/or recommendations. Council Member Putaansuu recommended north side of Bay Street, no more than 39 feet no amenities, south side of Bay Street 39 feet and up to 55 feet with amenities. Council Member Chang recommended the Council reference building heights rather than structural heights, due to the uphill topography of the downtown core area. Council Member Chang at this time did not have any definite number for building heights. Council Member Geiger disagreed with allowing amenities in exchange for extra heights. Council Member Geiger recommended all new structures should include some type of amenities, such as street trees, fountains, etc., however not in exchange for additional building heights. Council Member Clauson concurred with Council Member Putaansuu regarding heights on the north and south side of Bay Street. Council Member Clauson asked for more discussion on amenities on whether what is being proposed as amenities is worth the additional height factor. May 15, 2007 Page 2 of 3 Council Member Dilenno suggested the top floors terraced to allow for view corridors. Council Member Dilenno expressed a concern with amenities being placed offsite and not on the specific development site. Council Member Wyatt presented a proposal for the Council's consideration, which incorporates the current View Protection Ordinance. Council Member Wyatt commented that within the View Protection Ordinance the heights on the north and south side of Bay would be 27 feet however with a Conditional Use Permit heights could extend to 48 feet. Council Member Wyatt further commented the proposed amenities would not be a factor, however the east and west wing areas could potentially have amenities incorporated into those regulations. Council Member Clauson concurred with the possibility of incorporating the View Protection Ordinance, however expressed a concern with the potential of allowing 48 feet on both sides of Bay Street. Council Member Geiger also spoke in favor of the incorporation of the View Protection Ordinance, however would like modifications to the height restrictions on the north side of Bay Street. Council Member Chang expressed a concern with the incorporation of the View Protection Ordinance into the Downtown Overlay District, since the City Attorney has some concerns with this document. Council Member Putaansuu agreed with Council Member Chang regarding the incorporation of the View Protection Ordinance into the DOD. Council Member Putaansuu also spoke in favor of having the amenities located on the site of the development and not located off-site. At 7:55 pm Council Member Wyatt presented another option to the maximum structure height discussion and asked for a 5-minute break to allow the Council and audience an opportunity to review this alternative language. Assistant City Attorney Jacoby discussed the new proposed language which basically indicates that developers can build up to 27 feet, after 27 feet will need a Conditional Use Permit to build up to 39 feet. Council Member Putaansuu spoke against the Conditional Use Permit process. Council Member Putaansuu would like clear regulations for developers to understand. Council Member Putaansuu would like to see the north side develop to 39 feet and with amenities, to 55 feet. Council Member Geiger spoke in favor of the Conditional Use Permit incorporated into the DOD process. May 15, 2007 Page 3 of 3 Council Member Dilenno spoke in favor of Council Member Wyatt's second proposed document, however stressed keeping the public amenities as a requirement for additional height. Council Member Chang concurred with Council Member Dilenno that the amenities need to be kept on site rather than offsite. Council Member Geiger spoke against building heights tied to amenities. Council Member Geiger suggested each new development be required to provide a certain number of amenities. At this time of the meeting Mayor Abel gave a brief summary of the consensus of the Council. 'Y The Council liked the idea of amenities, however not sure how to tie them to the development 'Y The Council is interested in approving heights above 39 feet, however not on the north side. 'Y The Council likes the proposed language presented by Council Member Wyatt with the Conditional Use Permit added. 'Y View language should be tightened up so that step backs can be negotiated as part of a Conditional Use Permit in order to get the most views. 'Y View Corridors would be encouraged 'Y Amenities need to stay on Bay Street, with 1% on north side and 2% on south side. Council Members Dilenno, Putaansuu, and Wyatt agreed to work with City Attorney and put together a draft of the consensus the Council has reached on maximum structure heights. Next meeting scheduled for June 12, 2007 at 7:00 pm, City Hall. Meeting adjourned at 9:15pm Michelle Merlino, City Clerk Kim E. Abel, Mayor