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08/07/2007 - Work Study - MinutesCity of Port Orchard City Council Study Session Regarding the Development Regulations Project August 7, 2007 COUNCILMEMBERS: John Clauson, Rita Dilenno, Robert Geiger, Fred Chang, Carolyn Powers and Rick Wyatt. ABSENT: Mayor Kim Abel and Council Member Rob Putaansuu. ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Deputy City Clerk Kirkpatrick, and City Attorney Combs. City Attorney Combs opened the meeting at 7:00 p.m. and started discussion by confirming the decisions that were made at the July 17, 2007 Study Session. See attached letter from City Attorney Combs, dated August 3, which summarized the action the Council agreed upon regarding the Zoning Ordinance as identified by the Planning Department. Meeting adjourned at 8:15 p.m. Next Meeting is scheduled for September 4, 2007 at 7:00 p.m. Rick Wyatt, Mayor Pro Tern MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corpomtion www.mcgavickgmves.com Loren D. Combs ldc@mcgavick.com 1102 Broadway, Suite 500 Tacoma, Washington 98402-3534 Telephone (253) 627-1181 Fax (253) 627-2247 September 3, 2007 Original Sent Electronically and U.S.P.S. Mail to Michelle Merlino 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 Bdan L. Green Deonis P. Greenlee, Jr. Henry Haas Gregory A. Jacoby K. Miohael Jennings Project: Development Regulations Project DaveJ. Luxenberg Chris D. Maharry Timothy J. McLaughlin BarbamJo Sylvester Christy A. Todd Joseph P. Zehnder Of Counsel RayGmves Lawrence B. McNerthney William P. Bergsten Robert L. Beale Gregory H. Pmtt Leo A. McGavick (1904-1994) Subject: Agreed Changes from June 5 Meeting and August 7 Meeting Topics Dear Mayor and Council: Set forth below is the summation of the items on which no less than 4 council members agreed at our August 7 meeting. JUNE 5 MEETING DECISIONS My letter to you dated June 6, 2007 apparently didn't get distributed to everyone prior to the July 17 meeting. City Staff made copies for those that did not have them, and it was agreed that the June 6th letter that set forth my understanding of the items covered at the June 5 meeting would be the first agenda topic at our August 7 meeting. It was agreed that my June 61h letter accurately captured the Council decisions at the June 5 meeting. MODIFICATIONS TO THE MEETING DATES AND DISCUSSION TOPICS We discussed meeting dates and the discussion topics associated with those dates. Attached is an updated "MEETING DATES AND DISCCUSION TOPICS" document that shows the agreed changes. We deleted the Comprehensive Water and Sewer Plans from the Project, as Maher was having them updated by engineering consultants. We also added the GUMPOD to the Project, to be discussed at the October 2 meeting. I will provide you with the last draft as approved at the Council work MCGAVICK GRAVES ATTORNEYS AT LAW A Professional Services Corporation Mayor and Council September 3, 2007 Page2 sessions last year, so that you can take a "fresh look" before it is integrated into the development regulations. You will also have had the benefit of reviewing the GUMPOD design guidelines prepared by Joanne. The new Meeting Dates and Discussion Topics, as approved at the August 7 meeting is enclosed and is marked "August 7-Final". ZONING ORDINANCE (Tab 28) Joanne provided us with a matrix entitled "Zoning Ordinance Adjustments as Identified by Planning Department Staff". This was an update from the matrix provided at the last meeting. The Council went through the matrix and approved the changes. I have thus marked this With the August 7, 2007 date so that you know it is the latest. As a reminder where, in the matrix, an item is designated as being referred to a Council Committee, then that item will be reported out of committee at a regular council meeting. Someone will need to make sure that I get a copy of whatever the Council then decides so that if there is a change, then I can include it into the integrated document that will be produced as part of this process. AUGUST 7, 2007 TOPIC DISCUSSION Joanne spent the balance of the August 7 meeting going over with you the work plan and table of contents she handed out at the meeting. Sincerely, SENI W\iHOUT S\GNt\TUnE 'fO AVOiO DELAY. LDC:kmt 1:\DOCS\P\27573\mayor-counciiSept31etterforaugust7meeting Loren D. Combs MEETING DATES AND DISCUSSION TOPICS FOR DEVELOPMENT REGULATIONS PROJECT MEETING DATE All meetings at City Hall at ?PM unless otherwise indicated March 6, 2007 March 20, 2007 April 3, 2007 April 17, 2007 May 1, 2007 May 15,2007 June 5,2007 June 19, 2007 July 3, 2007 DISCUSSION TOPIC All meetings start with 15 minute review oflast meeting's decisions 1. Approval of Meeting Dates and Topics 2. Hearings Examiner Ordinance (Tab 1) 3. POMC Planning Commission (Tab 3, chapter 2.20 and Tab 28, page 9) 4. POMC Animal Control Appeal Board (Tab 3, chapter 2.68) 5. POMC Land Classification Filing Fees (Tab 4, chapter 5.88) 6. POMC Billboards and Handbills (Tab 4, chapter 5.52) 7. SEPA Discussion on threshold exemptions, appeals and fees (Tab 9) 8. Impact Fee enabling ordinance (no Tab) 9. Concurrency Management System (Tab 8) 10. Subdivisions (Tab 11) 11. Mobile Home Parks (Tab 12) 12. Tremont Corridor Specific Plan (Tab 25) 13. Critical Areas Ordinance (Tab 19) 14. View Protection Guidelines and Requirements (Tab 26) 15. AHBL work on Low Impact Development and Clearing and Grading, the City's Storm Water Design Manual (Tab 24, Tabs 29-44) 16. Continue Discussion from May 1 17. Zoning Ordinance (Tab 28) 18. Sign Code Ordinance (Tab 10, Ch. 15.16) 19. Meeting Cancelled 20. Meeting Cancelled August 7, 2007 Edition -FINAL July 17, 2007 August 7, 2007 August 21,2007 September 4, 2007 September 18, 2007 October 2, 2007 November 1, 2007 .21. Zoning Ordinance (Tab 28), continued 22. Comprehensive Plan (Tab 15) 23. Comprehensive Park Plan (Tab 16) 24. Meeting Cancelled and Comprehensive Water and Sewer Plans (Tabs 17 and 18} deleted from Project 25. Capital Facilities Plan (Tab 14) 26. Blackjack Creek Comprehensive Management Plan (Tab 13) 27. Ross Creek Management Plan (Tab 22) 28. Shoreline Master Program (Tab 23) 29. Developer's Handbook (Tab 20) 30. Planning & Development Procedures (Tab 21) 31. Discuss any "Clean Up" items and Critical Areas Ordinance (Tab 19) (if needed). Review of the GUMPOD Present Final Product August 7, 2007 Edition -FINAL Page Chapter 019,065 A3 and B2 025 A3 (11) 031 A3 (61) 031 A3 {62) 043 A3 (161) 045 A3 {178) Zoning Ordinance Adjustments as Identified by Planning Department Staff Problem Suggestion Definitions are cumbersome to find when in two LOREN WILL PUT ALL DEFINITIONS IN ONE different parts. SECTION Application Review Committee as defined by this DELETE ALL REFERENCE TO AN ARC code. Is it defined anywhere else? Can't find. Dwelling Unit-single family attached definition is POLICY DECISION-GMC unclear as to whether this includes stacked duplexes. Dwelling Unit-Single family detached definition KEEP THIS DEFINITION includes zero-lot line. City no longer has a parking permit. This contradicts l 5t and 3rd paragraphs deleted. the parking code. The definition should not include what is allowed and not allowed. Unclear to staff. Is this intended to be a side setback? SIDE YARD SETBACK-THIS ISSUE WAS ALREADY DEALT WITH IN AN EARLIER MEETING --- August 7, 2007 1 045 7? A3 (177) 047 A3 (190) 047 A3 (191) 051 A3 (218) 051 A3 (222) 052 A3 (224) 073 B2 (31) - Zoning Ordinance Adjustments as Identified by Planning Department Staff Definition of Setback. The measurements for setback DEALT WITH IN EARLIER MEETING is from the property line to the drip line of a roof. In another section of code, eaves are allowed to intrude into the setback up to 24 inches. Storage yard-open. There's a loop-hole for storage Include in use table will help staff to determine yards of less than 2000 sq. ft. the zone allowances. Clean up the wording of the definition. COUNCIL Shouldn't be defining types and classes of streams THOSE SECTIONS WILL BE DELETED, WITH A CROSS here REFERENCE TO THE CAD Variance definition should reference the part of the THOSE SECTIONS WILL BE MODIFIED TO SIMPLY code REFERENCE THE VARIANCE CHAPTER IN THE NEW INTEGRATED DOCUMENT Wetlands: same as streams (191). THOSE SECTIONS WILL BE DELETED WITH A CROSS RERENCE TO THE CAD a. Front yards are too narrowly defined as adjoining a Consider adding "private street or access public street. easement" STREET COMMITIEE Dwelling Unit-accessory Get rid of requirement for only 50% size of main dwelling unit. FULL COUNCIL -·--·- August 7, 2007 2 I 92 B3{6) 93 B3(7) 96 B3, table 104 B4 (4)(a) 109-114 BS 116 C1(4)(b) Zoning Ordinance Adjustments as Identified by Planning Department Staff PRD criteria. Two places to look for PRD criteria. Not Combine with BS, section 4 user-friendly. LDC WILL CLEAN THIS UP IN THE FINAL DOCUMENT TO MAKE USER FRIENDLY Provisions for administrative variance are in entirely Add administrative variance criteria next to different book (Planning & Development Procedures). variance in same section. LDC WILL CLEAN THIS UP IN THE FINAL DOCUMENT TO MAKE USER FRIENDLY Residential living quarters are an accessory use, A DEFINITION OF RESIDENTIAL LIVING QUARTERS requiring a CUP for Mixed Use with footnote 3. Will BE ADDED THAT IS SEPARATE FROM THE Doesn't make sense since dwelling units are allowed ADU DEFINITION. IT WILL BE CALLED A outright. No definition for "residential living quarters" "CUSTODIAN RESIDENTIAL UNIT" TO MORE ACCURATELY REFLECT THE INTENDED USE. ECTION 2 ON PAGE 68 Will BE EliMINATED Nonconformance -lots. This section of code speaks to POLICY DECiSION-Growth Mgmt Comm non-conforming lots in previously platted lots. It is my understanding that the courts have determined that (Planning Director will do more research and bring legally platted lots can be re-segregated if combined back to next GMC meeting) for tax purposes even if they are or were under single ownership. (-p){-prd)(-so), etc. symbols are referenced, but no The symbols will be added to the zoning map commonly used maps or books use them Building Height is limited unless a fire protection plan is established. This section does not state how high a Strike the height allowance. building can be or the process by which a fire ----· L-- August 7, 2007 3 116 C4,sec 49(c) 116A Cl, table 116A Cl, table 116A C1, table 116A C1, table 116A Cl, table footnote 12 ' Zoning Ordinance Adjustments as Identified by Planning Department Staff protection plan is approved. View protection measurement contradicts directly eliminate, and replace with a reference to the with measuerment method in View Protection View Protection Ordinance guidelines Footnote 8 contradicts View Protection guidelines, Fix and reference the View Protection Ordinance which measure to midline of roof. as controlling Setback for street right-of-way assumes alleys {per Clarify and resolve inconsistency footnote 1 & 11), yet section 11 {p. 119) says structures may be built to property line. Referred to Streets Setbacks have no reference for lots served by private Use the same standard for private and public roads or easements. View Protection heights contradict View Protection View Protection Ordinance controls. Delete Guidelines definition, which allow 27 foot height and inconsistency and reference VPO up to 39 with a CUP for CO, MXD,EO & CF Footnote 12 is unnecessary because the maximum delete footnote height is 33 feet. ---~--~---------- August 7, 2007 4 117 C1 (6) 117-118 C1 (6 &7) 120 C1 (13){e} 120 C1(13d} 120 Cl, (13e) 121 Cl (17) 121 C1(17a) Zoning Ordinance Adjustments as Identified by Planning Department Staff Allowable dwelling units: This section would be better Referred to GMC served by describing "Net Lot area" for calculating density in the definition section of the code. Allows greater density without PRO Referred to GMC Fence height. Needs to emphasize the sight distance No change to this section requirement, not that they are automatically allowed when the fence is 6 feet or under. Roof eave allowance contradicts directly with setback A 24 inch encroachment into the setback area is definition A3(177) okay. Fence references should be in one section All fence related issues will be combined into one section, with cross references if needed. Shouldn't be non-residential uses in R zones, unless as SEE if this item can be combined into another a CUP. section\chapter, and/or deleted Very difficult for churches to meet the 45% impervious SEE if this item can be combined into another rule with required parking in R4.5 zone section\chapter, and/or deleted -- August 7, 2007 5 122 C1(17c) 122 C1(18) 123-150 (2 124 C2 {l){f) ; 125 C2 {2}(b)(2) Zoning Ordinance Adjustments as Identified by Planning Department Staff Implies that they can exceed other setbacks SEE if this item can be combined into another section\chapter, and/or deleted Only applies to residential fences. Implies that Fences will all be placed in one chapter/section commerdat etc. fences can be higher. Need to include and then cross referenced where needed. specific criteria for commercial. DESIGN GUIDELINES: All are addressed as "should". The existing design guidelines do in fact require No teeth for staff to enforce each and every development subject to this to show how they meet the performance criteria. Section f on page 124 will be emphasized, and the "fluffy language" will be eliminated. As required in this sub section, the application for The existing design guidelines do in fact require development should include a description from the each and every development subject to this to developer how each of the applicable design show how they meet the performance criteria. guidelines are being met. This description has not Section f on page 124 will be emphasized, and the been required. "fluffy language" will be eliminated. Staff should develop a checklist for compliance .. Lot lines should be perpendicular, radial or curvilinear The language is fine, this is a management issue to to streets unless a variation will result in a better enforce. street or lot plan. My immediate question is; better for whom, what is better? Code is difficult when there are these subjective phrases in them. --··--- August 7, 2007 6 125 C2 (3)(c) 133-137 C2(sec 15- 19) 139- 147,159 -161, 163,175 -180, 151 C3 153-155 C3, table 154 C3, table 166 C3(10g) Zoning Ordinance Adjustments as Identified by Planning Department Staff The code requires dead end streets end in a cui-de-This is a management issue to enforce. sac. This section of code in not being followed. Should be combined with Landscaping section (C4). A cross reference to the landscape chapter will be Too many places to look to find landscaping used. requirements Drawings aren't useful. Remove or Revise. My notes are not clear on what decision was made on this item. The parking requirements section of code should Item deleted match the allowed use section. Parking is an issue in newer neighborhoods Referred to Street Committee Parking is issue at government offices at City & County Referred to Street Committee campus Stacked parking allowances will lead to more problems Referred to Street Committee in newer residential developments (see comment above} --~~---------- August 7, 2007 7 167, table on 173 167 167-188 173 183 183-184 Zoning Ordinance Adjustments as Identified by Planning Department Staff C4 (3}{a) English Ivy should removed from the approved list and Ivy will be deleted it should be prohibited. C4 (3)(c) Landscaping should not be reviewed and approved by Planning Director makes the decision the City Engineer. C4 Class system, roadway corridors, urban buffers, etc. Referred to GMC are confusing Parking standards for truck widths outdated, are there a new standards? C4, table Hedra helix species/English ivy is invasive, and "weed Ivy is out. of concern" in Washington State - C4{10) Hard to locate. Planning Handles this, and there will be a cross reference References to City Engineer approving parking should be changed to Planning C4(11e-k Hard to locate This will be merged. -'-----. -··---~-·-----L-. ----------~---·····----------------~ ··----------· August 7, 2007 8 '