03/20/2007 - Work Study - MinutesCity of Port Orchard
City Council Study Session
Regarding the Development Regulations Project
March 20, 2007
PRESENT: KIM E. ABEL, MAYOR
COUNCILMEMBERS: John Clauson, Fred Chang, Carolyn Powers, Rob Putaansuu and
Rick Wyatt.
ALSO PRESENT: Public Works Director Abed, Planning Director Long-Woods, City
Clerk Merlino and City Attorney Combs.
City Attorney Combs opened the meeting at 7:00 p.m. and started discussion with
confirming the revised meeting schedule, topics and the confirmation of the decisions
that were made at the March 6, 2007 Study Session.
The following topics were discussed with recommendations by the City Council:
Concurrency Management System
See attached letter from City Attorney Combs, dated March 29, 2007, which
summarized the action the Council agreed upon. However the Council determined the
Council would like to review the Concurrency Management System further as it relates
to:
• How does the City determine if there are enough ERU's to meet the future
demands?
• What determines when a traffic study is necessary
Subdivision Code and Mobile Home Parks
City Attorney Combs advised the City's Subdivision Code currently does not comply with
State Law.
See attached letter from City Attorney Combs, dated March 29, 2007, which
summarizes the action the City Council agreed upon regarding Subdivision Code and
Mobile Home Parks.
Meeting adjourned at 9:00 p.m.
Next Meeting is scheduled for April 3, 2007 at 7:00 p.m.
c--n<JL&-Qf ~ll~
Michelle Merlino, City Clerk Kim E. Abel, Mayor
. _.MCfiAVICK ·
GRAVES
ATTORNEYS AT LAW
A Professional Services Corporation
www.mcgavickgraves.com
Loren D. Combs
ldc@mcga vick.com
l I 0_2 Broadway, Suite 500 .
Tacoma, Washington 98402-3534
Telephone (253) 627-1181
Fax (253) 627-2247
March.29, 2007
Original Sent ElectronicaJiy and U.S.P.S. Mail
to Michelle Merlino for Copying· and Distribution
Mayor Kim Abel
Councif 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.
HeruyHaas
Gregory A. Jacoby
K. Michael Jennings
Project: Development Regulations Project
Dave J. Luxenberg
Clu:isD. Mahany
Timothy J. McLaughlin
Barbara Jo· Sylvester
Cluisty 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)
Subject: Agreed Changes from March 20, 2007 Meeting
Dear Mayor and Council:
Congratulations to all of you. You beat your previous record of successfully
making it through all agenda items, and adjourning early. By my count the old record
was 4 minutes early and this time we were 7 minutes early. Set forth below is the
summation of the items on which no less than 4 council members agreed.
CONFIRMING MODIFIED MEETING SCHEDULE AND TOPICS
The Council approved as presented the Meeting Schedule and Topics document
provided for the March 20, 2007-meeting. ·
CONFIRMING MARCH 6 MEETING DECISIONS
The Council confirmed that my letter presented for the March 20 meeting
accurately reflected the decisions that were made at the March 6 meeting.
AGREED ISSUES
Concurrency Management System
Issue 1. Agreed that the "Non-binding determination" would be eliminated and there
would just be a single process that is better defined.
MCGAVICK
GRAVES
ATTORNEYS AT LAW
A Professional Services Corpomtion
Mayor and Council
March 29, 2007
Page 2
Issue 2. There would be no exemption for water and sewer concurrency, and the
12 trip per day exemption threshold would remain for traffic.
Issue 3. The ordinance will be modified to allow the issuance of a sewer, water and
traffic availability certificate that will reserve capacity for a set period of time (6 months)
for a fee, in an amount to be determined in the fee ordinance, and it would require that
an application to develop the specific piece of property would be submitted to use the
reserved capacity. If the application was not submitted within the 6 months, then the
certificate would expire and the "reserved capacity" would be released.
Issue 4. It was agreed that there will be the requirements specified, in writing, as to
what is required for an application to be complete. Note that Joanne and Maher are
already working on providing such a document for all applications.
SUBDIVISION CODE
Issue 1. The current exemption, exempting the subdivision of lots into parcels of at
least 5 acres in size form the requirements of the subdivision code will remain in effect.
Issue 2. The maximum number of lots that can be created by a short plat will
remain at 4.
Issues 3. There will be no exemption of subdivision applications from the public
hearing process.
lssue 4. An applicant will be allowed to apply for an extension of up to two years in
length in order to submit for final plat approval. The Council will be allowed to add
additional conditions and charge a fee, the fee amount to be determined when the fee
ordinance is discussed.
Issue 5. It was agreed that there will be a separate section in each code chapter
that spells out the requirements for a complete application.
MOBILE HOME PARKS
Issue 1. There will no longer be a mobile home park code. New Mobile Home
parks will not be allowed.
Issue 2. The temporary living facility (mobile home, motor home, etc) will be placed
in a different section of the code. A permit will be required to assure that the vehicle is
MCGAVICK
GRA YES
ATTORNEYS AT LAW
A Professional Services Corporation
Mayor and Council
March 29, 2007
Page 3
properly placed and meets the requirements of this section. The applicant must be the
property owner, the permit is only good for 180 days maximum, it must have a hookup
to an approved water and sanitary sewer source, and a violation of the permit will be a
civil infraction.
That concludes the March 20, 2007 agenda items, and the resolution of the
outstanding issues.
Sincerely,
jZ ~4-~~
Loren D. Combs
LDC:kmt
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