10/04/2023 - PacketCity of Port Orchard
Land Use Committee
October 4, 2023 4:30 pm
City of Port Orchard
City Council Chambers
216 Prospect Street
Port Orchard, WA 98366
Hybrid Meeting
Zoom Webinar Public Link (not to be used by LU Committee):
https://us02web.zoom.us/j/81034433449
Dial -in: 1 253 215 8782
Webinar ID: 810 3443 3449
AGENDA
1. Discussion: Annual Suggested Code Amendments
2. Discussion: Prospect parking lot (Chang)
3. Discussion: Undeveloped City property (Rosapepe)
CITY OF PORT ORCHARD
rA=:
Department of Community Development
s Nui;, 216 Prospect Street
Port Orchard, WA 98366
Phone (36o) 874-5533 - Fax (36o) 876-4980
Memorandum
To: City of Port Orchard Land Use Committee
From: Nicholas Bond, AICP
Date: October 2, 2023
Re: 2023 Suggested Code Amendments
At Issue: The docketing procedure for suggested code amendments consistent with Port
Orchard Municipal Code (POMC) 20.06 involves a structured method for organizing and
prioritizing proposed amendments.
Individuals, departments, or committees may submit their proposed code amendments for
consideration. These proposals can come from City Council members, the Planning
Commission, the Director of Community Development, or other relevant stakeholders. The
Department of Community Development collects suggested code amendments from all
stakeholders submitted to the Department prior to September 3011 of each calendar year.
The proposed amendments are then reviewed by the Department of Community
Development, which assesses their feasibility, alignment with city goals, in compliance with
POMC 20.06. This review ensures that the proposed changes meet legal requirements and
are consistent with the adopted Comprehensive Plan.
Subsequently, a docket is prepared, listing the proposed amendments in order of priority
and providing a brief description of each. This docket is then presented to the Land Use
Committee and may also be shared with the public for transparency and awareness. The
docket of proposed amendments is formally reviewed by the Land Use Committee. The
committee evaluates the priority, feasibility, and potential impact of each proposed
amendment, and may recommend adjustments to the docket.
The docket of proposed amendments is made available for public review and comment.
Public input may be solicited through public meetings, hearings, or other engagement
mechanisms to ensure community involvement in the prioritization process.
After considering public input and Land Use Committee recommendations, the docket is
finalized, incorporating any necessary changes and presented to the City Council for action.
The City Council may review and approve the final docket of proposed amendments, offer
alternatives, and/or choose not to approve a docket of annual amendments. The City
Council action signifies the acceptance of the prioritization and scheduling of the proposed
code amendments.
Page 1 of 2
10729441.1 - 366922 - 0021
If approved, or approved with modifications, an approved docket is integrated into the city's
work plan, outlining the timeline and scheduling for addressing each proposed amendment
in alignment with its priority.
This docketing procedure ensures a structured approach to considering and prioritizing
suggested code amendments in adherence to POMC 20.06, promoting transparency,
community engagement, and effective implementation of the proposed changes.
The attached table introduces a list of suggested code amendments received from the
public and City of Port Orchard staff prior to September 30, 2023, aimed at enhancing the
community of Port Orchard. It emphasizes the goal of aligning municipal regulations with
evolving needs, fostering responsible development, and creating an aesthetically appealing
urban environment.
The Department of Community Development recommends the approval of the suggested
code amendment docket. These amendments are vital for advancing our urban form
objectives and aligning with our long-term city development goals.
It is proposed that the approved suggested code amendments be integrated into the City of
Port Orchard Comprehensive Plan periodic update. The periodic update is a comprehensive
effort that has been in progress since the summer of 2022 and is anticipated to conclude by
December 31, 2024. The Comprehensive Plan periodic update is expected to yield several
more essential code updates. Some of these updates are mandated by the State of
Washington as a result of recent legislative sessions. This integration ensures that the work
related to the suggested code amendments aligns with the broader objectives outlined in the
Comprehensive Plan, the work associated with the periodic update, and the mandates from
the Legislature.
Recommendation: Staff recommends that the City Council approve the 2023 Code
Amendment docket pursuant to POMC 20.06.040 and incorporate it into the 2024
Comprehensive Plan Periodic Update, as presented.
Attachments: 2023 Suggested Code Amendments
10729441.1 - 366922 - 0021
TITLE 20 POMC - SUGGESTED 2023 ANNUAL CODE AMENDMENT REVISIONS
Section Title Comment Individual/Organization Date Class
20.127.020
Applicability and compliance
Create exemption for boathouses from the design standards
City of Port Orchard
1/18/2023
Design
Create exemption for public buildings (such as pump houses and lift stations if they are
20.127.020
Applicability and compliance
not visible from the ROW) from design standards.
City of Port Orchard
1/18/2023
Design
On -site open space contains zoning designation of "Employment-industrial/office
zone" language that is a hold -over from a previous version of the code. This language
20.127.350(3)
Usable Commercial Open Space.
should be replaced with current implementation designation of industrial properties.
City of Port Orchard
1/26/2023
Code consistency
The term "home business" or "home businesses" shall include home (cottage)
20.60.020
Definition — Home business.
industry, home occupation and home profession as defined in Chapter 20.12 POMC. -
City of Port Orchard
2/16/2023
Code consistency
Multifamily is permitted in NMU. These sections indicate apartment as an
3/29/2023
Code consistency
20.32.100 & 20.32.015
Apartment - NMU
unpermitted building type. POMC 20.32.010(9) indicates apartments are permitted in
NMU
City of Port Orchard
Under RCW 35A.21.430 (2021), Washington cities may not prohibit permanent
supportive housing or transitional housing in areas where multifamily housing or
hotels are permitted (other parts of state law define "multifamily" as four or more
units). This supersedes a similar 2019 law, RCW 35A.21.305. Similarly, emergency
shelter and emergency housing may not be prohibited in any zones in which hotels are
allowed.emergency shelter and emergency housing must also be allowed in the GMU
20.39.040
Supportive housing
zone, where hotels are allowed
City of Port Orchard
3/29/2023
Land Use
This building type is described as allowing 3-4 units, but its name is misleading and
20.32.015 & 20.32.080
Fourplex
may cause code users to conclude triplex buildings are not allowed.
City of Port Orchard
3/29/2023
Land Use
20.98.060
Inspection and acceptance of improvements.
Section is unclear regarding the issuance of building permits when subdivider has
3/30/2023
Clarification
posted a performance bond. Consider clarifying the issuance of 50% of building
permits subject to a performance bond within a development.
City of Port Orchard
20.124.140
Minimum parking standards.
Change unit of measure to "per bed" and require .25 stalls/bed
John Williams
5/3/2023
Development Standard
20.124.140
Minimum parking standards.
Include unit of measure as "per bedroom" and require 1 stall/bedroom
John Williams
5/3/2023
Development Standard
20.124.140
Minimum parking standards
Revise to be consistent with detached house as required by RCW 70.128.140
City of Port Orchard
7/24/2023
Development standards
Revise timing of proposed code amendments consideration to be consistent with
20.06.040
ITiming and process for consideration.
I POMC 20.04.060
City of Port Orchard
I 9/19/2023
Code consistency
Port Orchard Housing Action Plan — June 2023
Page 21
2.1.6 — Tiny Homes
Consider defining and permitting tiny homes in as another relatively affordable housing option
but doing so in a limited number of lower intensity zones, such as R1 and R2 zones. Because
tiny homes are uncommon or unknown in Port Orchard, the City could potentially create a pilot
program that allows limited construction on one or two sites in partnerships with the property
owners (such as at a religious facility).
There are currently several building code limitations that the City would have to address to
make tiny homes viable to build. Other regulatory considerations and potential categories of tiny
homes are shown in the following table.
Permanent When a permanent tiny home is placed on a lot with
ADU a principal structure, treat the tiny home as any
other type of detached ADU. Such homes must be
on permanent foundations with all required utility
connections.
Permanent When more than one permanent tiny home is placed
cluster on a lot, apply permanent tiny home cluster
standards. Such homes must be on permanent
foundations with all required utility connections.
Consider density provisions, such as limiting tiny
homes to 250-400 square feet of floor area and
counting each home as one -fifth of a dwelling unity
for density purposes. Consider providing basic
design standards similar to cottage housing. Explore
reasonable parking requirements that balance
affordability with neighborhood integration; consider
one space per two or three tiny homes as a starting
point. Do not allow tiny homes to be used for short-
term rentals. Consider whether tiny homes should
be able to use a unit lot subdivision to create
homeownership opportunities. See some example
standards from Langley.'$
Consider limiting permanent clusters to lower
intensity residential zones such as R1 and R2.
18 Langley Municipal Code 18.22.290.
https://www.codepublishing.com/WA/Langley/#!/Langleyl 8/Langley1822.html#18.22.290
Port Orchard Housing Action Plan — June 2023
Page 22
Figure 11. Tiny home options
19 Seattle Municipal Code 23.42.054 and 23.42.056.
https://library.municode.com/wa/seattle/codes/municipal code?nodeld=TIT23LAUSCO SUBTITLE IIILAUSRE C
H23.42GEUSPR
Port Orchard Housing Action Plan — June 2023 Page 56
4.3 - Public Land for Affordable Housing
Actions: Consider rezonings, environmental assessments, pre -development activities,
and partnerships to promote use of surplus public land for affordable housing.
The City has a modest amount of surplus publicly -owned land. Some of it is well -located or
positioned to merit consideration for housing development. Considerations for key properties
and strategies are described in this section. Other public lands (such as those owned by Kitsap
County, the Port of Bremerton, and other agencies) could be reviewed in the future.
4.3.1 — Disnosition Police
Formally adopt a surplus land disposition policy that gives the right -of -first -refusal to affordable
housing developers or other community -determined uses, consistent with the allowances of
RCW 39.33.015 (note that some modifications to the affordability provisions of the statue were
made in 2023 under House Bill 1695). The policy could be adopted by City Council resolution
and embedded within the Comprehensive Plan's Housing Element (also see Strategy 4.2).
4.3.2 — Land Acquisition
The cost of land can be a major cost for any housing development, and providing a discounted
land lease or sale can help some projects become economically viable. Since the City does not
have much surplus land, the City can identify and purchase underutilized or vacant properties
that can be developed as affordable housing. Land assembly can be a powerful tool for putting
together larger sites that can be redeveloped at a more economically feasible scale.
This strategy could be focused on close -in locations (e.g. Downtown and the Bethel Avenue and
Mile Hill Drive corridors) where land ownership is fragmented. Port Orchard may also focus on
vacant, abandoned, or tax -delinquent properties. These sites usually have negative impacts on
surrounding properties and the City's role would include resolving ownership issues and/or
addressing tax liens or land encumbrances that otherwise deter developers from pursuing these
properties.59
Once acquired and assembled, Port Orchard would lease or sell the land for affordable housing.
See the related need for a land disposition policy in Strategy 4.4.1
4.3.3 - Tremont/Pottery Roundabout Property (Parcel 342401-4-016-2001 &
342401-4-015-2002)
This is a one -acre vacant site within the Tremont Center and zoned Commercial Mixed Use.
The site could be viable for townhomes or multifamily development with a small commercial
component, potentially leveraging new single stair provisions (see Strategy 2.4.7). It is eligible
for the Type 1 and Type 3 MFTE programs, which could improve the feasibility of affordable
housing on the site.
While Tremont Street is newly rebuilt with pedestrian and bike infrastructure, the general area is
not walkable to services besides gas stations, medical offices, and schools. This and parking
59 "Support the Reuse of Abandoned, Vacant, & Delinquent Properties." Family Housing Fund.
https://www.fhfund.org/report/reuse-of-abandoned-properties/
Port Orchard Housing Action Plan — June 2023 Page 57
requirements will require a significant portion of the site be dedicated to surface parking, limiting
the housing capacity of the site. Some amount of structured parking might be economically
feasible with the savings from a discounted land transfer, though the site's irregular shape could
make efficient parking layouts a challenge. Parking could potentially be shared with the
healthcare facility directly behind the site to the north.
Development could fully or partially vacate Alder Lane, which is City right-of-way and does not
serve any other properties (any utilities may need to be relocated). The site could also
potentially expand by acquiring part of the adjacent healthcare facility site if there is
underutilized parking there; that site is zoned as Public Facilities which does not allow any
residential land uses.
1�c
Figure 20. City owned property at the Tremont and Pottery Roundabout
4.3.4 — Mitchell Avenue Property (Parcel 252401-3-045-2009)
This is a 1.7 acre forested site within the Lower Mile Hill Center and it is zoned R4, which allows
up to four-story buildings. The site boundary has a small cutout of R3 zoning where there is a
cell phone tower. The site could be viable for townhomes or multifamily development. The site is
across the street from South Kitsap High School and could be an ideal location for family
housing (units with two or more bedrooms). It is eligible for the Type 1 MFTE program, which
could improve the feasibility of affordable housing on the site.
The site is moderately sloped, with a 70 feet elevation difference between the top and bottom of
the property (a horizontal distance of 240 feet). Significant tree standards and topography may
add construction costs and reduce housing capacity, but the economic feasibility may also be
Port Orchard Housing Action Plan — June 2023 Page 58
improved with the savings from a discounted land transfer. A recent study by Portland State
University suggested an increase of 40-50% in development costs for affordable housing built
on sites of 20% slope or more.60 The site could potentially be configured with two separate
clusters of buildings at the top and bottom of the hill. The site is bordered to the west and north
by strips of undeveloped City right-of-way, which could be vacated to expand the site and/or
provide access solutions.
The site could also potentially expand by acquiring one or more of the adjacent parcels,
particularly off Bethel Avenue, to increase circulation options and improve economies of scale.
The adjacent commercial properties are either vacant or have low -value improvements, they are
zoned Gateway Mixed Use, and they are within the Downtown Height Overlay District 5 which
allows up to five -story buildings.
0.
Figure 21. City owned property off of Mitchell Avenue
6o"Impact of Slope on Housing Development Costs." Portland State University. 2010.
https://www. pdx.edu/realestate/sites/g/files/znldhr3251 /files/2020-
10/01 impact of slope on development SU20 p2.pdf
Note: This study also has other useful data on the impact of slope on development costs for various building types