06/18/2013 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session of June 18, 2013
7:00 p.m. Call to Order
Mayor Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and
Councilmembers Jerry Childs, John Clauson, Carolyn Powers, Rob Putaansuu, and
Cindy Lucarelli were present. Development Director Nick Bond, Fire Prevention
Manager Greg Rogers, City Clerk Brandy Rinearson, City Attorney Greg Jacoby and
Deputy City Clerk Rhiannon Fernandez were also present.
Absent: Councilmember Colebank
Mike Eliason led the audience and Council in the Pledge of Allegiance.
1. Presentation: Joint Land Use Study-Department of Defense (DoD)
Lynn Wall, DoD Community Planning Liaison for Naval Base Kitsap, gave a
presentation on the Joint Land Use Study (JLUS). Presentation highlights included:
• Collaboration needed to promote compatible use
• Compatible land use issues
• Impacts to training and operations
• Shared compatibility issues
• DoD to support state and local governments to promote compatible use
• Office of Economic Adjustment (OEA) mission statement
• Defense economic adjustment program
• OEA program authorities for compatible use
• JLUS tool to promote compatible development
• Military operations footprint defines study area
• Integrating conservation as a land use alternative
• DoD siting clearinghouse
• The installation role
• The community role
• Office of Economic Adjustment role
• Planning process & organization
• Implementation tools & actions
Discussion highlights:
• This is a voluntary commitment. There will be no recommended changes to Port
Orchard Municipal Code if the City does not participate.
• The 18-month process will begin in January 2014. Meetings will occur once a
month.
• Staff time would be based on the needs of the jurisdiction. It may require .25
FTE, which will be grant funded with a 10% match requirement.
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• They would like the City to tell them what needs we have and look at this as an
opportunity for resource assistance for the planning we are already doing.
• Patty Charnas, Kitsap County Community Development, is the project contact.
• The policy group will be comprised of elected officials. Each participating
government will have representation.
• The County wants to submit the application by the end of July, because funding is
available in the current budget.
Council Direction: Councilmember Clauson MOVED and Councilmember Putaansuu
seconded the motion to authorize Nick to move forward with the .25FfE. Upon vote, the
motion passed unanimously.
2. Discussion: 2012 Fire Code Update
Development Director Bond provided a revised ordinance that addresses the Home
Builders Association's (HBA) concerns regarding the sprinkler requirements. In section
903, all of the changes have been brought back to what they were. He feels the HBA's
concerns have been addressed.
Fire Prevention Manger Greg Rogers confirmed it takes the City back to what we had
before. It still changes small portions of the International Fire Code. He clarified that the
ordinance on the website reflects what was adopted at the May 28, 2013, Council
meeting and would go into effect in July 2013. The revised ordinance being discussed
tonight removes those changes. All of the commercial occupancies that were at 10,000
sq. ft. are back to 10,000 sq. ft. and that is reflected in the revised draft ordinance. He
also said single-family dwellings and duplexes are under the International Residential
Code; the Building Code and Fire Code apply to multi-families.
Council Direction: The revised ordinance will come before the Council at the June 25,
2013, Council meeting for consideration. The Council asked the stakeholders to let them
know if there were any questions or concerns before the June 25, 2013, Council meeting.
3· Discussion: Downtown Overlay District Permitted Uses
Development Director Bond said the Planning Commission requested clarification from
Council on what they should consider when working on the Downtown Overlay District
(DOD). He said he is aware of a handful of issues and some possible approaches could be
taken:
1. Review SIC 7389 and POMC 16.20.201 (2) and identify specific uses to be
excluded from all or portions of the DOD. Under POMC 16.20.201 DOD -
Permitted Uses (2) (k), strike the words "and similar uses" and replace with an
itemized list of excluded uses from SIC 7389. Identify other uses of concern and
ask the planning commission to consider whether or not those uses are
June 18, 2013, Work Study Session Minutes
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appropriate for the downtown and/or Bay Street. The Council should
preliminarily identify the uses with which it is concerned, i.e. bail bonds on the
first floor, tattoo parlors, body art studios, etc.
2. Perform all of the actions listed in Alternative 1 and work to identify other areas
in the City where those uses should be allowed. For instance, if bail bonds are to
be excluded in the DOD entirely, should the City find an alternative location such
as in the Business Professional zone near the courthouse where they might be
more appropriate? Are there other uses to be excluded and should the planning
commission work to find a place where these uses can better operate?
3. Conduct a more extensive community outreach effort and build a list of permitted
uses in the DOD on Bay Street from the ground up.
4· Some other approach.
Discussion highlights included:
• Section K has the term "similar uses," which is vague.
• SIC7389 -referring to this document creates a loophole to allow many services to
operate. Do we want to continue to reference the SIC document?
• Any changes made will not affect existing businesses, only future businesses.
• One approach is to ask the Planning Commission to make discreet amendments
to the permitted use section. Do you wish to be explicit? The way the code was
written, Section W incorporates all of these other uses.
• The first floor needs to be defined.
• A previous committee spent much time on this discussion and felt the DOD
should consist of retail shops that would draw people downtown. The work does
not have to be completely redone. We need to take care of the loop holes.
• The terms in the code are defined in the Land Use Code.
• Maybe the approach is to have them look at the list and suggest what they think
would be appropriate.
Council Direction: Staff will take back the following items for the Planning
Commission to work on: 1) define first floor; 2) review general business services list in
Section K and identify what we want and insert in the code; 3) do not refer to the SIC;
4) review the retail sales list and insert terms directly; 5) move Section W to the top of
the list; and 6) take a look Section 1 as well for any glaring issues.
4· Discussion: Retreat Logistics
In preparation of the July retreat, discussion was held on what the Council would like to
have for the meeting.
Council Direction: Council requested the following: 1) move the City Lobbyist to the
top of the agenda; 2) have staff present; 3) start at 7:00 p.m. for consistency; 4) the
goals/budget priority discussion will last 90 minutes; s) provide the goals and objectives
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in a larger font and have a status update; 6) provide a City map and zoning map; and 7)
the City Attorney will facilitate.
5· Discussion: Process of Buying Property
Councilmember Chang wanted to know if the Council was interested in having a process
for buying certain properties if they became available for sale. For example, Myhres is
going up for auction next Friday. Are there other zones or types of properties that we
might be interested in attending the auction and how would we want to determine this?
Discussion highlights:
• A public benefit should be identified before acquiring a property.
• With stretched resources, it makes more sense to invest in existing projects, like the
pedestrian path, to encourage new businesses to come downtown.
• The City's role is to put infrastructure in.
• Buying a dilapidated property and redeveloping for resell could serve a public
purpose by kick starting the vision for downtown.
• It is worth spending some time at a policy level to create an inventory of potential
properties that would serve a public benefit.
Council Direction: Council will discuss this at their Retreat.
At 8:37 p.m. Mayor Matthes adjourned the meeting.
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Brandy 'RiileafSOil)CMC, City Clerk '