02/13/2024 - Regular - PacketT.Q9RCHARD.
Meeting Location: Contact us:
Council Chambers, 311 Floor Phone (360) 876-4407
216 Prospect Street citvhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City of Port Orchard City Council
Regular Meeting Agenda
February 13, 2024
6:30 p.m.
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid
format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via
Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote access
Link: https://us02web.zoom.us/a/82662532554
Zoom Meeting ID: 826 6253 2554
Zoom Call -In: 1-253-215-8782
Guiding Principles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
B. Council Group Photos
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS ON AGENDA ITEMS
(This is an opportunity for citizens to address the City Council on agenda items that are not associated with a Public Hearing
on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely
and wait to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom
via telephone, enter *9 from your keypad to raise your hand.)
4. CONSENT AGENDA
(Items listed are to be considered routine in nature and are grouped together in a single motion. A Councilmember may
remove an item for separate consideration upon request. In the event of such request, the item is placed under Business
Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adootion of a Resolution Authorizini? the Purchase of Radios for Radio Read Meters from Fereuson
Waterworks via DES Contract No. 01118 (Ryan) Page 4
D. Approval of the January 23, 2024, City Council Regular Meeting Minutes Page 10
�M:j1.4* LkLA 111IQ01
6. PUBLIC HEARING
(Accepting public testimony from citizens limited to the specific item listed)
Fin 31-L9Ii,I&I.1III kT11i
A. Adoption of an Ordinance for the McCormick Village Overlay District Amend ment-Fourplex (Bond) Page 15
B. Approval of a Memorandum of Understanding Between the City of Port Orchard and Century Communities of
Washington, LLC Concerning the Mitigation of Traffic Impacts at Sinclair Ridge in Bremerton (Bond) Page 63
C. Approval of the January 15, 2024, Special Meeting Minutes, Legislative Reception Dinner Page 72
8. DISCUSSION ITEMS (No Action to be Taken)
A. Development Activity (Bond) Page 74
B. Downtown Presentation (Mayor) Page 102
9. REPORTS OF COUNCIL COMMITTEES
10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS ON ANY ITEM
(This is an opportunity for citizens to address the City Council on any items that are not associated with a Public Hearing on this
agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand if viewing remotely and wait
to be recognized by the Mayor. Then, state your name for the official record. If you are attending remotely by Zoom via
telephone, enter *9 from your keypad to raise your hand.)
13. CITY COUNCIL GOOD OF THE ORDER
14. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s)
and the session duration will be announced prior to the executive session.
15. ADJOURNMENT OF BUSINESS MEETING
16. COLLECTIVE BARGAINING
The Council will be entering into a separate meeting related to collective bargaining. Pursuant to RCW
42.30.140 (4)b the Council can convene a session "that portion of a meeting during which the governing
body is planning or adopting the strategy or position to be taken by the governing body during the
course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or
reviewing the proposals made in the negotiations or proceedings while in progress".
CITY COUNCIL ADVISORY COMMITTEES
(Three council members serve on the committee with staff to make collaborative recommendations about work
product. Staff then prepares the items for full Council consideration based on the Committee's discussion.)
STANDING COMMITTEE
Date & Time
Location
Economic Development and Tourism
TBD; 4:00pm - 3rd Tuesday of the month
Remote Access
Utilities
TBD; 5:00pm — 2nd Tuesday of the month
Remote Access
Finance
TBD; 5:00pm — 3'd Tuesday of the month
Remote Access
Transportation
February 27, 2024- 41h Tuesday of the month
Remote Access
Land Use
TBD; 4:30pm — 3'd Wednesday of the month
Remote Access
Lodging Tax Advisory
TBD 2024
Remote Access
Sewer Advisory
February 21, 2024; 6:30pm
West Sound Utility District*
Council Retreat
April 12, 2024; 9:00am
City Hall
Outside Agency Committees
Varies
Varies
*West Sound Utility District, 2924 SE Lund Avenue
February 13, 2024, Regular Meeting Agenda Page 2 of 3
ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to
participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least
48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
To subscribe to our general news & public notices click the link: https://Portorchardwa.gov/subscribe
Robert (Rob) Putaansuu
Mayor
Administrative Official
Eric Worden
Councilmember Position 4
Land Use Committee
Utilities/Sewer Advisory Committee
KRCC-alt
Brandy Wallace, MMC, CPRO
City Clerk
Matt Brown
Police Chief
Mark Trenary
Councilmember Position 1
Finance Committee
Transportation Committee
KRCC
PSRC-alt
Heidi Fenton
Councilmember Position 5
Utilities/Sewer Advisory Committee
E/D & Tourism Committee
Transportation Committee
Debbie Lund, CEBS SPHR SHRM-SCP
Human Resources Director
Nicholas Bond, AICP
Community Development Director
Jay Rosapepe
Councilmember Position 2
Utilities/Sewer Advisory Committee
Land Use Committee
KEDA-alt
Fred Chang
Councilmember Position 6
(Mayor Pro-Tempore)
E/D & Tourism Committee
Finance Committee
Noah Crocker, M.B.A.
Finance Director
Denis Ryan
Public Works Director
Scott Diener
Councilmember Position 3
Land Use Committee
Transportation Committee
Kitsap Public Health District
John Morrissey
Councilmember Position At -Large
Finance Committee
E/D & Tourism Committee
Lodging Tax, Chair
Kitsap Economic Development Alliance
Tim Drury
Municipal Court Judge
February 13, 2024, Regular Meeting Agenda Page 3 of 3
Back to Agenda
City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD.
cityhall ar portorchardwa.gov � (360) 876-4407
www. ortorchardwa. ov
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of a Resolution Authorizing the
Purchase of Radios for Radio Read Meters
from Ferguson Waterworks via DES Contract
No. 01118
Meeting Date: February 13, 2024
Prepared By: Denis Ryan
Public Works Director
Summary: The Public Works and Finance Departments have jointly identified the need to upgrade
the water metering system and associated parts to provide more efficient and accurate water
measurement service to homes located within the City. In 2023, the City began the transition to IPerl
Radio Read meters. The radio -read water meters are equipped with a radio read transmitter device,
which allows the City to wirelessly collect and transmit water service information. Data collection
involves driving near meters instead of manual walking to each, providing efficiency in gathering
information. The long-term goal is to conduct radio reads directly from City Hall, streamlining the
process of monitoring water usage and enhancing overall operational efficiency and reducing costs.
Pursuant to Chapter 39.34 RCW, the City executed an interlocal agreement with the Washington State
Department of Enterprise Services (DES) (City Contract No. C057-13) to allow the City to utilize the
contracts hosted by DES for services and purchases, so long as the City confirms the contract complies
with all applicable statutory procurement requirements for the particular purchase or service, per
RCW 39.34.030. The Public Works Department identified Ferguson Waterworks as an approved
vendor for the radios, awarded via WA DES Contract #01118. Staff reviewed the procurement process
utilized by DES for this contract to confirm the procurement requirements were met and obtained
necessary documentation from DES and the vendor regarding procurement. Public Works Department
staff requested a quote from Ferguson Waterworks for IPERL water meter radios. On February 8,
2024, Ferguson Waterworks provided a quote of $473,132.38 (applicable tax included), and staff
verified this is consistent with the DES Contract pricing. The City's Procurement Policy requires Council
approval for purchases in excess of $35,000.00. On January 19, 2024 the City's Public Works
Department completed the City's Interlocal Agreement Purchase Checklist for the selected vendor.
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the
purchase of water meters and associated parts from Ferguson Waterworks through WA DES Contract
#01118 for a total purchase price of $473,132.38 (applicable tax included)
Relationship to Comprehensive Plan: Ch 7: Utilities -Water
Page 4 of 117
Back to Agenda
Staff Report 4C
Page 2 of 2
Motion for Consideration: I move to adopt a Resolution authorizing the purchase of water meters
and equipment from Ferguson Waterworks.
Fiscal Impact: This purchase is budgeted in the 2023-2024 Budget in GL Code 411.05.534.20.30
Alternatives: Do not approve and provide further guidance.
Attachments: Resolution, Ferguson Waterworks Quote, Interlocal Agreement Purchase Checklist
Page 5 of 117
Back to Agenda
RESOLUTION NO. ***
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE
PURCHASE OF RADIOS FOR RADIO READ METERS FOR THE PUBLIC WORKS
DEPARTMENT AND DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, the Public Works and Finance Departments have jointly identified the need to
upgrade the water metering system and associated parts to provide more efficient and accurate water
measurement service to homes located within the City; and
WHEREAS, in 2023, the City began the transition to IPerl Radio Read meters, which are
equipped with a radio read transmitter device to allow the City to wirelessly collect and transmit water
service information; and
WHEREAS, data collection involves driving near meters instead of manual walking to each,
providing efficiency in gathering information. The long-term goal is to conduct radio reads directly from
City Hall, streamlining the process of monitoring water usage and enhancing overall operational
efficiency; and
WHEREAS, as authorized by the City's Procurement Policies adopted by Resolution No. 073-23,
the City entered into an interlocal agreement with Washington State Department of Enterprise (DES)
(City Contract No. C057-13) which allows the City to utilize the contracts hosted by DES for services and
purchases, so long as the City confirms the contract complies with all applicable statutory procurement
requirements for the particular purchase or service, per RCW 39.34.030; and
WHEREAS, the Public Works Department identified Ferguson Waterworks as an approved,
qualified vendor for the desired brand of meters that are required to integrate with the City's existing
system, awarded via WA DES Contract #01118; and
WHEREAS, staff reviewed the procurement process utilized by DES for this contract to confirm
the applicable procurement requirements were met, and staff obtained necessary documentation from
DES and the vendor regarding procurement; and
WHEREAS, Public Works Department staff requested a quote from Ferguson Waterworks, and
on January 12, 2024, Ferguson Waterworks provided a quote of $473,132.38 (applicable tax included),
and staff verified this is consistent with the DES Contract pricing; and
WHEREAS, on January 19, 2024, the City's Public Works Department completed the Interlocal
Agreement Purchase Checklist for the selected vendor; and
WHEREAS, the City Council has approved procurement policies which require City Council
authorization for purchasing items that exceed $35,000; and
WHEREAS, the Ferguson Waterworks quote attached as Exhibit A is for the purchase of water
meters in an amount that exceeds the $35,000 authorization limit; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's
Office, wishes to document their selection/procurement process as described herein for this purchase
by Resolution; now, therefore,
Page 6 of 117
Back to Agenda
Resolution No. **
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby
adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase of radios from Ferguson Waterworks in the amount
of $473,132.38 (applicable tax included). The Mayor or his designee is authorized to take all
actions necessary to effectuate the purchase consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 13th day of February 2024.
ATTEST:
Brandy Wallace, City Clerk MMC
Robert Putaansuu, Mayor
Page 7 of 117
Z FERGUSON° 2042 SOUTOH 122TH ST156
WATERWORKS TACOMA, WA 98444-0000
16:59:15 FEB 08 2024
Phone: 253-538-8275
Fax: 253-531-9909
Deliver To:
From: Jason Mosebar
Comments:
Back to Agenda
FERGUSON WATERWORKS #3156
Price Quotation
Phone: 253-538-8275
Fax: 253-531-9909
Bid No:
B010048
Cust Phone:
360-876-4407
Bid Date:
01/12/24
Terms:
NET 10TH PROX
Quoted By:
DGS
Customer:
CITY OF PORT ORCHARD
Ship To:
CITY OF PORT ORCHARD
METER ACCOUNT
METER ACCOUNT
216 PROSPECT ST
216 PROSPECT ST
PORT ORCHARD, WA 98366
PORT ORCHARD, WA 98366
Cust PO#:
SENSUS SMARTPOINTS
Job Name:
520M SINGLE -PORT TC
Item Description Quantity Net Price UM Total
S5396353752201MI M520M-F1-TC-X-E-MI 1P PIT W-ID/LD 2500 173.150 EA 432875.00
Net Total: $432875.00
Tax: $40257.38
Freight: $0.00
Total: $473132.38
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
ARE NOT FIRM UNLESS NOTED OTHERWISE.
Page 1 of 1
CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE
IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at https://www.ferguson.com/content/website-info/terms-of-sale
Govt Buyers: All items are open market unless noted otherwise.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
r corpQ@t@, .jWrvey about your bids:
!] https://survey.medallia.com/?bidsorder&fc=l604&on=987
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS Back to Agenda
City Contract No.: C057-13
Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name):
Deaartment of Enterarise Services (DES)
Item Description: IPERL Radios for Radio Read meters
Do you have an Interlocal agreement signed with the Contract (host) Agency?
® If yes, where is it filed: Clerk's office
❑ If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#: 01118
If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Re wired Compliance
Is the Host agency a public agencyi .
❑ Yes
❑ No
If Yes, what state laws apply to Host Agency:
Does the host agency have a requirement
❑ Yes
❑ No
Federal and State contract rules usually don't
to run a newspaper ad in their local paper
require a newspaper ad. For others, attach the
and did they comply
ad or place into the file
Did they list on the public agency's
❑ Yes
❑ No
If Yes, state when and the address, and proof
website?
of date, address shall be attached or placed into
the file. If No, you cannot use the bid.
Did the bid & award comply with the
❑ Yes
❑ No
If Yes, obtain documentation to support answer
Host agency's state procurement laws?
from Host Agency. If No, you cannot use the
bid.
1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any
political subdivision of another state
Page 9 of 117
City of Port Orchard Back to Agenda
OnJGt�`� Council Meeting Minutes
OR -CHARD ® Regular Meeting of January 23, 2024
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Chang
Present
Councilmember Diener
Present
Councilmember Fenton
Present
Councilmember Morrissey
Present
Councilmember Rosapepe
Present
Councilmember Trenary
Present
Councilmember Worden
Present
Mayor Putaansuu
Present
Staff present: Public Works Director Ryan, Finance Director Crocker, Community Development
Director Bond, City Attorney Archer, HR Director Lund, HR Resources Analysist Spalding, Assistant
City Engineer Smith, City Clerk Wallace, and Deputy City Clerk Floyd.
The meeting streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp 00:31)
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 00:58)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the
agenda as presented.
The motion carried.
3. CITIZENS COMMENTS (Time Stamp 01:44)
There were no citizen comments.
4. CONSENT AGENDA (Time Stamp: 02:15)
A. Approval of Voucher Nos. 87169 through 87212 including bank drafts in the amount of
$60,368.82 and EFT's in the amount of $312,581.79 totaling $372,950.61.
Page 10 of 117
Back to Agenda
B. Approval of Payroll Check Nos. 87213 through 87218 including bank drafts and EFT's in the
amount of $247,791.53 and Direct Depositions in the amount of $229,205.74 totaling
$476,997.27.
C. Adoption of a Resolution Repealing Resolution No. 016-22 and Accepting Council Committee
Assignments and Establishing Council Standing Committees (Resolution No. 003-24)
D. Adoption of a Resolution Amending Resolution No. 125-23 and Authorizing Additional Payment
to Effectuate the Purchase of a Portion of Kitsap County Tax Parcel No. 342401-4-023-2002
(Magneson) for the Pottery Sidewalk Extension Project (Resolution No. 004-24)
E. Approval of a Contract with Washington State Parks and Recreation Commission Subrecipient
Grant Agreement for a Federal Financial Assistant Grant (Contract No. 017-24)
F. Approval of the January 9, 2024, City Council Meeting Minutes
MOTION: By Councilmember Trenary, seconded by Councilmember Diener, to approve the Consent
Agenda as presented.
The motion carried.
S. PRESENTATION
A. City's Inclusion Commission (Time Stamp: 02:44)
HR Director Lund gave a brief introduction of the Inclusion Commission and HR Analyst Spalding and
Assistant City Engineer Smith provided a presentation which included their origin story, history of
Inclusion Commission, background, diversity, equity, inclusion, DEI strategies, the problem and
solution, focus, 2023 members, past projects, mission, goals, challenges, and current projects.
6. PUBLIC HEARING
There were no public hearings.
7. EXECUTIVE SESSION (Time Stamp: 32:47)
Mayor Putaansuu explained it is not necessary to hold the executive session, but if Council would
still like to move forward with holding one, we could still have it now, or wait until after City Council
Good of the Order.
MOTION: By Rosapepe, seconded by Councilmember Diener, to move the executive session after
City Council Good of the Order.
The motion carried.
I:111111111U.1111IL1L 31. 11"►1ri
A. Adoption of an Ordinance Amending POMC Chapter 13.04 Related to Penalties for Delinquent
Utility Service Charges (Time Stamp 34:30)
January 23, 2024, City Council Meeting Minutes
Page 2 of 5
Page 11 of 117
Back to Agenda
MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to adopt an
ordinance amending Port Orchard Municipal Code Sections 13.04.050, 13.04.056, 13.06.120, and
13.06.121, related to penalty for delinquent utility service charges.
The motion carried.
(Ordinance No. 001-24)
B. Adoption of an Ordinance Repealing and Replacing POMC Chapter 5.97, Pertaining to Impound
Services and the City's Rotational Towing List (Time Stamp 45:46)
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance
repealing and replacing Chapter 5.97 of the Port Orchard Municipal Code, pertaining to the City's
rotational towing list.
The motion carried.
(Ordinance No. 002-24)
C. Adoption of a Resolution Approving a Contract with PumpTech, LLC for the Tremont Place Lift
Station Repairs (Time Stamp 52:19)
MOTION: By Councilmember Chang, seconded by Councilmember Morrissey, to adopt a resolution,
authorizing the Mayor to execute a contract with PumpTech, LLC for the Tremont Place Lift Station
Repair Project.
The motion carried.
(Resolution No. 005-24 and Contract No. 018-24)
D. Adoption of a Resolution Approving a Contract with SCJ Alliance for the Sidney Non -Motorized
Road Improvements (Time Stamp 59:24)
MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to adopt a resolution,
approving and authorizing the Mayor to execute a contract with Shea Carr Jewell, Inc for the Sidney
Non -Motorized Road Improvements Project in the amount of $277,455.29.
The motion carried.
(Resolution No. 006-24 and Contract No. 019-24)
E. Adoption of a Resolution Approving the Purchase of Asset Management Software (Time Stamp
1:06:51)
MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to adopt a resolution
authorizing the purchase of Asset Management Software from Carahsoft Technology Corporation.
The motion carried.
January 23, 2024, City Council Meeting Minutes
Page 3of5
Page 12 of 117
(Resolution No. 007-24)
Back to Agenda
F. Approval of Amendment No. 13 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the
Community Events Center (Time Stamp 1:15:50)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve
amendment #13 to C066-20 as presented.
The motion carried.
9. DISCUSSION ITEMS (No Action to be Taken)
A. Council Choice of RMSA Required Course for 2024 (Time Stamp 1:23:29)
After a brief discussion, Council chose 'Anti -Harassment in the Workplace'.
10. REPORTS OF COUNCIL COMMITTEES (Time Stamp 1:26:33)
Mayor Putaansuu explained the committees have been created and are waiting on their first
meeting.
11. REPORT OF THE MAYOR (Time Stamp: 1:27:45)
The Mayor reported on the following:
• Council Retreat is confirmed for April 121n
• Possible changes to the Festival of Chimes and Lights event.
• In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and
Modifications of Job Descriptions', he reported on the revised job description for the
Accounting Assistant III.
• In accordance with Resolution 007-11 'Establishing a Process for Future Amendments to the
City's Personnel Policies and Procedures', he reported on removing reference to requesting
use of the leave 2 weeks in advance, and the language related to the number of hours earned
by part-time employees ties the calculation to the FTE (Full time equivalent) status as
represented in the adopted budget.
• New radar signs.
• Update on Marina Pump Station.
• Bethel/Lincoln/Mitchell roundabout updates.
• New smart water meter readers.
• Well No. 7 loan.
12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:37:56)
Community Development Director Bond reported on end -of -year permit data.
City Attorney Archer provided an update on the Grants Pass decision.
January 23, 2024, City Council Meeting Minutes
Page 4 of 5
Page 13 of 117
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Police Chief Brown reported on their office remodel and provided an update on staffing, promotions,
commissioning, and the police academy.
Mayor Putaansuu spoke about an idea regarding a police pop-up academy.
13. CITIZEN COMMENTS (Time Stamp 1:43:46)
Robert McGee and Chuck Huck with Whiskey Gulch CoffeePub, voiced frustrations with contractors
being on their property without permission. They also spoke about the City's lack of accountability
and respect for property. Mr. Huck spoke about the many awards their business has won and does
not understand why the City will not work with them.
14. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 1:50:20)
Councilmember Rosapepe mentioned the upcoming soup crawl in downtown Port Orchard and
spoke about signs in public right-of-way.
In response to Councilmember Morrissey, Public Works Director Ryan said he was not aware of any
activity happening Saturday night outside of McCormick Meadows, but he would investigate it.
15. EXECUTIVE SESSION
At 8:28 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to
RCW 42.30.110(1)(C) regarding real estate matters. City Attorney Archer was invited to attend, and
Mayor Putaansuu stated no action would be taken.
At 8:38 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
At 8:43 p.m., Mayor Putaansuu reconvened the meeting back into session.
16. ADJOURNMENT
MOTION: By Councilmember Morrissey, seconded by Councilmember Fenton, to adjourn the
meeting.
The meeting adjourned at 8:44 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
January 23, 2024, City Council Meeting Minutes
Page 5 of 5
Page 14 of 117
Back to Agenda
City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD.
cityhall ar portorchardwa.gov � (360) 876-4407
www. ortorchardwa. ov
Agenda Staff Report
Agenda Item No.: Business Item 7A
Subject: Adoption of an Ordinance for the McCormick
Village Overlay District Amendment-Fourplex
Meeting Date: February 13, 2024
Prepared By: Nicholas Bond, AICP
Director
Summary: On December 14, 2021, the Port Orchard City Council adopted the McCormick Woods Urban
Village Subarea Plan. The Plan's intent was to create a mixed -use area with residential and commercial
uses, where residents have convenient and efficient access to goods and services with less reliance on
automobile transportation. To implement the Subarea Plan, the City adopted an overlay district with
code provisions which promote the development of a compact urban neighborhood with a variety of
housing types in a mix of buildings while accommodating a range of land uses within the McCormick
Woods Urban Village.
The subsequent McCormick Village Overlay District, POMC 20.38.200-280, was designed to promote a
compact, walkable, mixed -use environment with a variety of housing types including forecourt
apartments, duplexes, and paseo homes. As an oversight to middle housing needs, the fourplex building
type was not included in the adopted MVOD standards. The creation of this building type allows
additional flexibility in housing products in the subarea's neighborhood core. The inclusion of this
housing type is consistent with the intent of the McCormick Urban Village Subarea Plan and the
recommendations provided in the June 2023 Housing Action Plan.
Absent from the original overlay district regulations was a requirement for residential structure design
standards for those not subject to POMC 20.127 and required architectural variety. The following
amendments make these additions as well an allowance for fourplex structures and the required
specifications and design details. The amendments are summarized as follows:
• Building Design, 20.38.285: An overview of design details intended for buildings to clarify the
standards residential structures are subject.
• Architectural Variety, 20.38.290: Requirements to ensure sufficient differentiation of structure
design and clarification that residential buildings other than detached houses may account for variety.
• Building Types, Fourplex: An addition of the fourplex building type into the regulations and the
definitions and building specifications thereof.
Page 15 of 117
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Staff Report 7A
Page 2 of 2
Through approval of the 2023 Code Amendment Docket at the City Council meeting, the City
Council directed staff to proceed with drafting a code amendment to the McCormick Village Overlay
District development regulations. The draft regulations were introduced to the Planning
Commission meeting at the December 2023 Planning Commission meeting and a public hearing
was held at the January 17, 2024, Planning Commission meeting where the Commission
recommended approval of the Ordinance as presented. Public notice for the hearing was provided
consistent with the requirements of POMC 20.25. As of the date of publication of this Staff Report
the Department of Community Development has not received any comments on the proposed
amendment.
Recommendation: Staff recommends approval of the proposed amendments to POMC Sections
20.38.225, 20.38.230, 20.38.240, and 20.38.270, and the addition of Sections 20.38.285 and
20.38.290 as presented.
Relationship to Comprehensive Plan: The proposed amendments implement Goals set out in the
Housing Element, Chapter 3, Section 3.3 of the adopted Comprehensive Plan.
Motion for consideration: "I move to adopt an Ordinance amending POMC Sections 20.38.225,
20.38.230, 20.38.240, and 20.38.270, and the adding Sections 20.38.285 and 20.38.290 as
presented."
Fiscal Impact: None foreseen.
Alternatives: Do not approve the proposed amendment or provide staff direction to develop
alternatives.
Attachments: Ordinance
Page 16 of 117
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ORDINANCE NO. **
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING THE MCCORMICK VILLAGE OVERLAY DISTRICT ZONE,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS
20.38.225, 20.38.230, 20.38.240, AND 20.38.270, AND ADDING
NEW SECTIONS 20.38.285 AND 20.38.290 RELATED TO FOURPLEX
BUILDING TYPES AND ASSOCIATED DEVELOPMENT STANDARDS,
PROVIDING FOR SEVERABILITY, CORRECTIONS, AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City's Comprehensive Plan was adopted on June 14, 2016 (Ordinance
014-16); and
WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code
(POMC) was adopted on June 13, 2017 (Ordinance 019-17); and
WHEREAS, the City of Port Orchard has adopted a comprehensive plan and
development regulations in compliance with Chapter 36.70A RCW (Growth Management Act);
and
WHEREAS, on December 14, 2021, the City of Port Orchard adopted the McCormick
Village Subarea Plan (Ordinance 060-21); and
WHEREAS, on December 14, 2021, the City of Port Orchard established the McCormick
Village Overlay District (MVOD) and its associated development standards in POMC 20.38.200 —
20.38.280 (Ordinance 060-21); and
WHEREAS, the Residential 3 zoning designation allows fourplex building types as
defined in POMC 20.32.080; and
WHEREAS, the principal zoning designation in the MVOD is Residential 3; and
WHEREAS, the permitted building types in the McCormick Village Overlay District
omitted the fourplex building type; and
WHEREAS, on June 13, 2023, the City of Port Orchard accepted the findings of the City
of Port Orchard Housing Action Plan; and
WHEREAS, the Housing Action Plan identifies the development of middle housing
building types as a potential solution to housing affordability; and
WHEREAS, the purpose of the MVOD is to implement the McCormick Urban Village
Page 17 of 117
Ordinance No. **
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subarea plan and enable compact, walkable urban development within the subarea's
neighborhood core; and
WHEREAS, the City Council desires to amend POMC Sections 20.38.225, 20.38.230,
20.38.240, and 20.38.270 to create opportunities for an increased variety of housing stock
options within the McCormick Village Overlay District; and
WHEREAS, the City Council desires to add POMC Sections 20.38.285 and 20.38.290 to
clarify design standard and architectural variety standards for residential buildings within the
MVOD to ensure a variety of design and to promote livability; and
WHEREAS, on December 6, 2023, the City's SEPA official issued a determination of
nonsignificance for the proposed amendment, which was published and provided to the public
in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals;
and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day
expedited review on December 6, 2023 which was granted by Commerce and the requisite time
has now passed to allow this ordinance to be adopted; and
WHEREAS, on December 26, 2023, the City issued a Notice of Public Hearing for the
proposed amendment to POMC 20.132.270, which was published and provided to the public in
accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of
this Ordinance on January 17, 2024, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety, and welfare;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
to]I [e1vdE&1
SECTION 1. The Port Orchard Municipal Code, Section 20.38.225, is hereby amended to
read as follows:
20.38.225 MVOD Building Types.
(1) No new building may be erected within the MVOD except in conformance with this
Page 18 of 117
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section.
(2) Building Types. Building types only as listed below, and as described in POMC 20.38.230,
shall be permitted within the MVOD. Additional standards for specific building types within the
MVOD as described in POMC 20.38.230 are required. Buildings shall comply with the
development standards described in the particular building type description and dimensional
standards regardless of zoning designation unless otherwise noted. Buildings shall comply with
the MVOD Design Standards as established in POMC 20.38.285 and shall comply with
architectural variation requirements in POMC 20.38.290.
(3) MVOD Building Type Zoning Matrix Key.
(a) Permitted Building Type (P). Indicates a building type is permitted in the zoning designation.
(b) Building Type Not Permitted (--). Indicates a building type is not permitted in the zoning
designation.
Building Types
Zoning Designation
Residential 3
Neighborhood Mixed
Use
Commercial Mixed
Use
Detached House
P
P
--
Backyard Cottage
P
P
--
Carriage House
P
1P
P
Paseo House
P
P
--
Duplex: Side -by Side
P
1P
--
Attached House
P
P
--
Townhouse
1P
P
P
Fourplex
P
113
--
Apartment
P
P
P
Forecourt Apartment
P
1p
P
Live -Work
1P
P
Single -Story Shopfront
--
--
P
Mixed -Use Shopfront
--
--
P
Accessory Building
P
P
P
Page 19 of 117
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SECTION 2. The Port Orchard Municipal Code, Section 20.38.230, is hereby amended to
read as follows:
20.38.230 MVOD building type standards.
(1) Detached House. A detached house is a building type that accommodates one principal/primary
dwelling unit on an individual lot with yards on all sides. Detached houses shall meet the following
standards.
(a) Lot and Placement.
Lot and Placement
Lot
Area (sq. ft.)
2,500 min./5,000
max.
A
Width (ft.)
25 min./50 max.
B
Detached houses per
lot
1 max.
Coverage
Lot coverage Set by district C
Building and Structure Setbacks
Page 20 of 117
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Building and Structure Setbacks
Primary street
5 ft. min./15 ft.
max.
D
Side street
5 ft. min.
E
Side interior
3 ft. min.
F
Rear
5 ft. min.
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
I
Height and Form
4
Height
Principal building 35 ft.; 25 ft. within 20 ft. of
A
alley
Accessory 15 ft. other than carriage
B
structure house or backyard cottage
Ground floor 18 in. min.
C
elevation
Pedestrian Access
Page 21 of 117
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Pedestrian Access
Entrance facing primary Required
street
Building Elements
At least one of the following is required:
Balcony
See POMC 20.38.240(b)
Porch
See POW 20.38.240(e)
Stoop
See POW 20.38.240(f)
Parking Location
Front/corner yard Prohibited
Vehicular access Via alley only
(2) Backyard Cottage. A small self-contained accessory dwelling located on the same lot as a detached
house or townhouse but physically separated, for use as a complete, independent living facility, with
provisions for cooking, sanitation and sleeping. Backyard cottages may accommodate off-street ground
floor parking.
(a) A backyard cottage is permitted in conjunction with a detached house. See the standards for
detached houses and accessory structures (including backyard cottages) in subsection (1) of this section.
(b) Lot and Placement.
a
.t
f
Lot and Placement
Page 22 of 117
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Lot
Area
Set by principal
A
building type
Width
Set by principal
B
building type
Accessory dwelling
1 max.
units per lot
Coverage
Lot coverage Set by district
Building and Structure
Setbacks
Primary street
Behind the front wall
D
of the principal
building
Side street
5 ft. min.
E
Side interior
0 ft. min.
F
Rear
5 ft. min., 0 ft. from
G
alley
Building separation
10 ft.
H
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
Page 23 of 117
Ordinance No. **
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� 4
� • II
I
Y
ti ,Y Y'J
Height and Form
Height
Backyard cottage 25 ft. max. A
Pedestrian Access
Entrance facing primary
street
See POMC
124-3947-0 20.68.110
Building Elements Allowed
Balcony See POMC 20.38.240(b)
Porch See POMC 20.38.240(e)
Stoop See POMC 20.38.240(f)
Parking Location
Front/corner yard
jProhibited
Additional on -site
Parking
See Chapter 20.68
POMC
Vehicular access
Via alley only
(3) Carriage House. An accessory structure self-contained accessory dwelling located on the same site as
a paseo house, townhouse, four lex, apartment, or forecourt apartment, but physically separated, for
Page 24 of 117
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use as a complete, independent living facility, with provisions for cooking, sanitation and sleeping.
Carriage house dwelling units are located above enclosed ground -level off-street parking facilities, or
common facilities including, but not limited to, laundry, recreation space or other uses commonly
associated with residential development for the associated on -site dwellings.
(a) A carriage house is permitted in conjunction with a paseo house, townhouse, fourolex,
apartment, or forecourt apartment.
(b) Lot and Placement.
Lot and Placement
Lot
Area
Set by principal
A
building type
Width
Set by principal
B
building type
Accessory dwelling
1 min./2 max.
units per lot
Coverage
Lot coverage Set by district C
Building and Structure Setbacks
Primary street 113ehind the rear wall TD
Page 25 of 117
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Building and Structure
Setbacks
of the principal
building
Side street
5 ft. min.
E
Side interior
0 ft. min.
F
Rear
5 ft. min., 0 ft. from
alley
G
Building separation
10 ft.
H
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
Height and Form
Height
Carriage house 35 ft. max. A
Pedestrian Access
Entrance facing primary
street
See Chapter 20.68
IPOMC
Page 26 of 117
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Building Elements Allowed
Balcony
ISee POMC 20.38.240(b)
Porch
ISee POMC 20.38.240(e)
Stoop
ISee POMC 20.38.240(f)
Parking Location
Front/corner yard
IProhibited
Additional on -site parking
See POMC
20.38.270
Vehicular access
Via alley only
(4) Paseo House. A series of small, typically detached, single -story single-family residential buildings
oriented around a small, shared courtyard perpendicular to the primary street. The units to the rear of
the lot, oriented perpendicular to the primary street, may be larger and attached. The rear building may
accommodate residential uses, off-street parking and shared facilities space normally associated with
detached houses such as laundry facilities or storage space, plus up to two optional dwellings above an
associated detached garage structure served by an alley. The units may be on individual lots or clustered
on a single site.
(a) Lot and Placement.
~4 l�
�4 i{
Lot and Placement
Site
Area (sq. ft.) 16,000 min. A
Page 27 of 117
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Site
Width/depth (ft.)
110 min. I B
Dwelling units per site
5 min./10 max.
Lot
Area
1,200 sq. ft. min.
C
Width
20 ft. min.
D
Coverage
Lot coverage Set by district
Principal building
600 min./1,200
footprint (sq. ft.)
max.
C
Building and Structure Setbacks
Primary street
5 ft. min.
F
Side street
5 ft. min.
G
Side interior
5 ft. min.
H
Rear/alley 115
ft. min./0 ft.
I
Minimum separation of paseo
units (ft.)
10 min.
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
Page 28 of 117
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Height and Form
Height
Principal building
30 ft. max.
A
Building wall plate height
Does not apply
B
Accessory structure
30 ft.
CI
Ground floor elevation
18 in. min.
Courtyard
Area
1,000 sq. ft.
E
Width
15 ft. min.
F
Additional courtyard area per
dwelling unit beyond five units
500 sq. ft.
Courtyard cannot be parked or driven upon,
except for emergency access and permitted
temporary events
Pedestrian Access
Entrance facing
courtyard
Required for units
abutting courtyard
G
Page 29 of 117
Ordinance No. **
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Building Elements
At least one of the following is required:
Balcony
See POMC 20.38.240(b)
Porch
ISee POMC 20.38.240(e)
Stoop
See POMC 20.38.240(f)
Parking Location
Front/corner yard jProhibited
Vehicular access Via alley only
(5) Duplex, Side by Side. A building type that accommodates two dwelling units on an individual lot
separated vertically side by side that share a common wall.
(a) Lot and Placement.
Lot and Placement
Lot
Area (sq. ft.)
5,000 min./6,500
max.
A
Width (ft.)
140 ft. min.
B
Dwelling units per site
2 min./2 max.
Page 30 of 117
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Coverage
ILot coverage Set by district
Building and Structure Setbacks
Primary street
l5ax. ft. ft. min./15
D
Side street
5 ft. min.
Side interior
5 ft. min.
F
Rear/alley
5 ft. min./0 ft.
G
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
l�
Height and Form
Height
Principal building
55 ft.
A
Accessory structure
25 ft.
B
Ground floor elevation
18 in. min.
Page 31 of 117
Ordinance No. **
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Pedestrian Access
Entrance facing
primary street
Required
D
Building Elements
At least one of the following is required:
Balcony
See POMC 20.38.240(b)
Porch
See POMC 20.38.240(e)
Stoop
See POMC 20.38.240(f)
Parking Location
Front/corner yard Prohibited
Vehicular access Via alley only
(6) Attached House. A building type that accommodates two attached dwelling units located on two
separate lots that share a common wall along a lot line. An attached house may require a subdivision or
short subdivision.
(a) Lot and Placement.
Lot and Placement
Lot
Page 32 of 117
Ordinance No. **
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Lot
Area
2,500 min./3,250
max.
A
Width
20 min./ 35 ft. max.
B
Dwelling units per site
1 min./1 max. 1 ADU
Coverage
ILot coverage Set by district CI
Building and Structure Setbacks
Primary street ��5
ft. min./15 ft.
max.
D
Side street
5 ft. min.
E
Side interior
5 ft. min.
F
Rear/alley
15 ft. min./0 ft.
]
Build -to -Zone (BTZ)
Building facade in primary
Does not apply
street
Building facade in side
Does not apply
street
I'
Height and Form
Page 33 of 117
Ordinance No. **
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Height
Principal building
35 ft.
A
Accessory structure
1 25 ft.
B
Ground floor elevation
18 in. min.
Pedestrian Access
Entrance facing
primary street
Required
E
Building Elements
At least one of the following is required:
Balcony
See POMC 20.38.240(b)
Porch
See POMC 20.38.240(e)
Stoop
See POMC 20.38.240(f)
Parking Location
Front/corner yard
Prohibited
Vehicular access
Via alley only
(7) Townhouse. A building type that accommodates three or more dwelling units where each unit is
separated vertically by a common side wall and located on its own lot. Units cannot be vertically mixed.
A subdivision or short subdivision may be required to construct townhome units.
(a) Lot and Placement.
Page 34 of 117
Ordinance No. **
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GO
~~4 f-
-'+
Lot and Placement
Site
Site area (sq. ft.)
INot applicable
IA
Site width (ft.)
INot applicable
B
Dwelling units per site
3 min., not to exceed 6
Lot
Area (sq. ft.)
N/A
Width (ft.)
16 min./ 40 max.
LD
Dwelling units per lot
11 min./1 max.
Coverage
ILot coverage Set by district E
Building and Structure Setbacks
Primary street
(ft.)
5 min.
F
Side street (ft.)
5 min.
G
Side interior JO
between townhomes, 3 ft.
H
Page 35 of 117
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Building and Structure Setbacks
(ft.) from adjacent townhouse
sites
Rear/alley (ft.)
5 ft./0 ft. min.
Build -to -Zone (BTZ)
Building facade in primary
Set by district
street
Building facade in side
Set by district
K
street
Height and Form
Height
Principal building (stories)
�A
Accessory structure (ft.)
24
B
Ground floor elevation (in.)
18 min.
C
Building Dimensions
Unit width (ft.)
20 min.
D
Number of units permitted
6 max.
E
in a row
Page 36 of 117
Ordinance No. **
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Transparency
Ground story
20% min.
Upper story
20% min.
Blank wall width
15 ft. max.
HH
Pedestrian Access
Entrance facing primary street (each tn�
ground floor unit)
Building Elements
At least one of the following is required:
Awning/canopy
See POMC 20.38.240(a)
Balcony
See POMC 20.38.240(b)
Porch
See POMC 20.38.240(e)
Stoop
See POW 20.38.240(f)
Parking Location
Front/corner yard Prohibited
Vehicular access Via alley only
8) Fourplex. A building type on its own lot that accommodates four dwelling units vertically and
horizontally integrated.
a) Lot and Placement.
Page 37 of 117
Ordinance No. **
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Lot
Area (sq. ft.l 5400 sq. ft.
min./7,000 sq. ft.
max.
A
Width ft. 60 ft. min.
B
Dwelling units per lot 4 min./6max.
Coverage
Lot coverage Set by district
Building and Structure Setback
Primary street (ft.l
10 min./15 max.
D
Side street (ft.l
5 min./15 max.
E
Side interior (ft. l
5 min.
F
Rear/allev
15 min.
G
Build -to -Zone (BTZI
Building facade in primary
Set by District
H
street
Building facade in side
street
Set by District
I
Page 38 of 117
Ordinance No. **
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Height and Form
Hem
All buildings and
structures (ft.l
35ft.
A
Ground floor elevation
18 min.
B
in.
Pedestrian Access
Entrance facing primary street Required G
Building Elements
At least one of the following is required:
Awning/canopy
See POMC 20.38.240 (al
Balcony
See POMC 20.38.240 (bl
Forecourt
See POMC 20.38.240 (cl
Porch
See POMC 20.38.240 (dl
=S�o
See POMC 20.38.240 (el
Parking Location
Front/corner yard
Prohibited
Vehicular access
Via alley only
Page 39 of 117
Ordinance No. **
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(99) Apartment. A building type on its own lot that accommodates five or more dwelling units vertically
and/or horizontally integrated.
(a) Lot and Placement.
Lot and Placement
Lot
Area (sq. ft.)
N/A
A
Width (ft.)
N/A
B
Dwelling units per site
5 min./no max.
Coverage
ILot coverage Set by district
Building and Structure Setbacks
Primary street (ft.) J13
min./15 max.
ID
Side street (ft.)
5 min.
Side interior (ft.)
5 min.
Hr
Rear/alley (ft.)
5/0 min.
Page 40 of 117
Ordinance No. **
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Build -to -Zone (BTZ)*
Building facade in primary
70% min.
H
street
Building facade in side
30% min.
I
street
*Does not apply to McCormick Village Drive or Old Clifton.
Height and Form
Height
All buildings and
40 max.; 25 max.
A
structures (ft.)
within 20 ft. of alley
Ground floor elevation
0 min.
B
(ft.)
Building Dimensions
Length 120 ft. max. C
Transparency*
Ground story
25%
D
Upper story
25%
E
Blank wall width (ft.)
115 max.
F
Page 41 of 117
Ordinance No. **
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*Applies to each street and/or plaza -facing facade.
Pedestrian Access
Entrance facing primary street
lRequired
IG
Entrance spacing along primary
street
100 ft.
max.
H
Building Elements
At least one of the following is required:
Awning/canopy
ISee POW 20.38.240(a)
Balcony
See POMC 20.38.240(b)
Forecourt
See POMC 20.38.240(c)
Porch
See POW 20.38.240(e)
Stoop
See POMC 20.38.240(f)
Parking Location
Front/corner yard jProhibited
Vehicular access Via alley only
(910) Forecourt Apartment. A building type, on its own lot, that accommodates at least five multifamily
dwellings in the primary building plus up to two optional dwellings above an associated detached garage
structure served by an alley. Forecourt apartments shall feature a forecourt as described in POMC
20.38.240(c) along the primary street.
(a) Lot and Placement.
Page 42 of 117
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Lot and Placement
Lot
Area (sq. ft.)
N/A
A
Width (ft.)
N/A
B
Dwelling units per lot
5 min./10 max.
Coverage
Lot coverage ISet by district C
Building and Structure Setbacks
Primary street (ft.)
3 min.
D
Side street (ft.)
5 min.
E
Side interior (ft.)
15 min.
F
Rear/alley (ft.)
5/0 min.
G
Separation between
structures (ft.)
10 min.
Build -to -Zone
Building facade in primary
street
70% min.
H
Page 43 of 117
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Build -to -Zone
Building facade in side
street
30% min.
I
Height and Form
Height
All buildings and
40 max.; 25 max.
A
structures (ft.)
within 20 ft. of alley
Ground floor elevation
0 min.
B
(ft.)
Building Dimensions
Length (ft.) 100 max. C
Transparency*
Ground story
25%
D
Upper story
25%
E
Blank wall width (ft.)
15
F
*Applies to each street and/or plaza -facing facade.
Page 44 of 117
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Pedestrian Access
Entrance facing forecourt Required G
Parking Location
Front/corner yard Prohibited
Vehicular access Via alley only
(1011) Live -Work. A building type that allows for residential and nonresidential uses in the same physical
space. Units may be vertically or horizontally mixed.
(a) Lot and Placement.
Lot and Placement
Site
Site area (sq. ft.)
3,000 min.
A
Site width (ft.)
40 min.
B
Live/work units per lot
3 min./no max.
Lot
Area (sq. ft.)
N/A
C
Width (ft.)
N/A
Page 45 of 117
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Coverage
ILot coverage Set by district
Building and Structure Setbacks
Primary street (ft.)
0 min./10 max.
F
Side street (ft.)
10 min.
G
Side interior (ft.)
5 min.
H
Rear/alley (ft.)
5/0 min.
Build -to -Zone (BTZ)
Building facade in primary
Set by district
L
street
Building facade in side
Set by district
K
street
{
r
�4
F
M1_ �
Height and Form
Height
All buildings and
structures (ft.)
40 max.; 25 max.
within 20 ft. of alley
A
Ground floor height (ft.)
12 min.
B
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Height
Ground floor elevation
(ft.)
0 min.
C
Building Dimensions
Unit width (ft.)
15 min.
D
Maximum building width
(ft.)
120 max.
E
Transparency*
Ground story
25%
F
Upper story
25%
G
Blank wall width (ft.)
15 max.
H
*Applies to each street and/or plaza -facing facade.
Pedestrian Access
Entrance facing primary street
(each ground floor unit)
Required
Building Elements
At least one of the following is required:
Awning/canopy
See POMC 20.38.240(a)
Balcony
See POMC 20.38.240(b)
Porch
See POMC 20.38.240(e)
Stoop
See POMC 20.38.240(f)
Parking Location
Front/corner yard Prohibited
Vehicular access Via alley only
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(1112) Single -Story Shopfront. A single -story building type that typically accommodates retail or
commercial uses.
(a) Lot and Placement.
Lot and Placement
Lot
Area (sq. ft.)
N/A
A
Width (ft.)
N/A
IB
Coverage
Lot coverage Set by district C
Building and Structure Setbacks
Primary street (ft.)
0 min.
D
Side street (ft.)
10 min.
E
Side interior (ft.)
0 min.
F
Rear (ft.)
0 min.
G
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Build -to -Zone (BTZ)
Building facade in primary
70%
H
street
Building facade in side
30% �T_
street
�h.
4 A
4 {
Height and Form
Height
All buildings and
24 max.
A
structures (ft.)
Ground story height
12 min.
B
(ft.)
Building Dimensions
Length (ft.) 1150 max. C
Transparency*
Ground story 600%
D
IE
Blank wall width (ft.) 115 max.
*Applies to each street and/or plaza -facing facade.
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Pedestrian Access
Entrance facing primary street
Required
F
(each ground floor unit)
Entrance facing secondary street
Required
when present
Entrance spacing (primary street)
50 max.
G
(ft. )
Building footprint 20,000+ sq. ft.
75 max.
(ft. )
Building Elements
At least one of the following is required:
Awning/canopy
See POMC 20.38.240(a)
Forecourt
See POMC 20.38.240(c)
Gallery
See POMC 20.38.240(d)
Parking Location
Front yard jProhibited
(I- ) Mixed -Use Shopfront. A building type that typically accommodates ground floor retail, office or
commercial uses with upper -story residential or office uses.
(a) Lot and Placement.
Lot and Placement
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Ordinance No. **
Lot
Area (sq. ft.)
N/A
A
Width (ft.)
N/A
B
Coverage
ILot coverage Set by district Eci
Building and Structure Setbacks
Primary street (ft.) J10
min.
D�
Side street (ft.)
0 min.
E
Side interior (ft.) J10
min.
F
Rear (ft.)
0 min.
Build -to -Zone (BTZ)
Building facade in primary
�70% min.
street
Building facade in side
30% min.
I
street
old*
Height and Form
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Page 51 of 117
Ordinance No. **
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Height
All buildings and
40 max.
A
structures (ft.)
Ground story height
12 min.
B
(ft.)
Building Dimensions
Length (ft.) 120 max. C
Transparency*
Ground story
60% min.
D
Upper story
25% min.
Blank wall width (ft.)
15 max.
FF]
*Applies to each street and/or plaza -facing facade.
Pedestrian Access
Entrance facing primary street
Required
G
Entrance spacing along primary
street (ft.)
t:]
H
Building Elements
At least one of the following is required:
Awning/canopy
See POMC 20.38.240(a)
Forecourt
See POMC 20.38.240(c)
Gallery
See POMC 20.38.240(d)
Parking Location
Front/corner yard Prohibited
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SECTION 3. The Port Orchard Municipal Code, Section 20.38.240, is hereby amended to
read as follows:
20.38.240 MVOD building elements.
(1) The following standards are intended to supplement POMC 20.38.230 and ensure that certain
building elements, when added to a street -facing facade, are of sufficient size to be both usable and
functional and be architecturally compatible with the building they are attached to. The proposed
building shall incorporate at least one of the allowed building elements provided in the specific building
type development standards in POMC 20.38.230.
(a) Awning and Canopy. A wall -mounted, cantilevered structure providing shade and cover from
the weather for a sidewalk.
�I ¢I
110 E II
I
I
ao�
(i) An awning/canopy must be a minimum of nine feet clear height above the sidewalk
and must have a minimum depth of six feet.
(ii) An awning/canopy may extend into a primary or side street setback.
(iii) An awning/canopy may encroach up to six feet into the public right-of-way but must
be at least two feet inside the curb line or edge of pavement, whichever is greater.
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(b) Balcony. A platform projecting from the wall of an upper story of a building with a railing
along its outer edge, often with access from a door or
�I
window.
(i) A balcony must be at least four feet deep.
(ii) A balcony must have a clear height above the sidewalk of at least nine feet.
(iii) A balcony may be covered and screened but cannot be fully enclosed.
(iv) A balcony may extend into a primary or side street setback.
(v) A balcony may encroach up to six feet into the public right-of-way but must be at
least two feet inside the curb line or edge of pavement, whichever is greater.
(c) Forecourt. An open area at grade, or within 30 inches of grade, that serves as an open space,
plaza or outdoor dining area.
i
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1_ I a k� y �• a
00
EE
00
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(i) A forecourt must be no more than one-half of the width of the building face, and in
no case more than 45 feet in width.
(ii) The depth of the forecourt may exceed the general width. A forecourt may be no
more than 45 feet in depth.
(iii) A maximum of one forecourt is permitted per lot.
(iv) A forecourt meeting the above requirements is considered part of the building for
the purpose of measuring the build -to zone.
(v) A forecourt shall be improved to meet the minimum requirements of pedestrian -
oriented space as described in POW 20.127.350(4).
(d) Gallery. A covered passage extending along the outside wall of a building supported by
arches or columns that is open on three sides.
(i) A gallery must have a clear depth from the support columns to the building's facade
of at least eight feet and a clear height above the sidewalk of at least nine feet.
(ii) A gallery must be contiguous and extend over at least 75 percent of the width of the
building facade from which it projects.
(iii) A gallery may extend into a primary or side street setback.
(iv) A gallery may encroach up to nine feet into the public right-of-way but must be at
least two feet inside the curb line or edge of pavement, whichever is greater.
(e) Porch. A raised structure attached to a building, forming a covered entrance to a doorway.
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(i) A front porch must be at least six feet deep (not including the steps) when measured
from edge of building to end of porch. A portion of the porch, not to exceed 25 percent of the
porch's width, may be less than six feet deep; provided, that the front door is recessed by at
least six feet.
(ii) A front porch must be contiguous, with a width not less than 50 percent of the
building facade from which it projects.
(iii) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(iv) A front porch may extend up to nine feet, including the steps, into a required front
setback; provided, that such extension is at least three feet from the vertical plane of any lot
line.
(v) A front porch may not encroach into the public right-of-way.
(f) Stoop. A small raised platform that serves as an entrance to a building.
wide.
U U F
I
II I
Lao a
(i) A stoop must be no more than six feet deep (not including the steps) and six feet
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(ii) A stoop may be covered but cannot be fully enclosed.
(iii) A stoop may extend up to six feet, including the steps, into a required setback;
provided, that such extension is at least two feet from the vertical plane of any lot line.
(iv) A stoop may not encroach into the public right-of-way. (Ord. 060-21 § 8).
SECTION 4. The Port Orchard Municipal Code, Section 20.38.270, is hereby amended to
read as follows:
20.38.270 MVOD off-street parking standards.
(1) Off-street parking requirements within the MVOD shall meet the minimum standards described in
Chapter 20.124 POMC, except that for residential uses POMC 20.124.140 shall not apply.
(a) Vehicle parking minimum quantities for residential uses within the MVOD shall be provided
in accordance with Table 20.38.270.
Table 20.38.270
Land Use
Unit of Measure
Minimum Parking
Requirement
Single-family detached (including manufactured
homes, mobile homes)
Per dwelling
1 available space within 1,000
ft. of site
Backyard cottage
Per dwelling
N/A
Carriage house
Per dwelling
1 available space within 1,000
ft. of site
Two-family
Per dwelling
1 available space within 1,000
ft. of site
Single-family attached houses (ems)
Per dwelling
1 available space within 1,000
ft. of site
Multifamily:
Studio — 3+ bedroom
Per dwelling
1 on -site space
Multifamily accessory dwelling unit
Per dwelling
1 available space within 1,000
ft. of site
Boarding house
Per bedroom
0.5
Congregate living facilities
Per bedroom
Lodging house
Group home (up to 8 residents), except as follows:
Per bedroom
0.5
Adult family home
Per adult family home
2
All group living (9 or more residents)
Per bed
10.5
All social service
Per bed/per 300 sq.
ft. office
0.5 per bed and 1 per 300 sq.
ft. office
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SECTION 5. A new section, Section 20.38.285, is hereby added to the Port Orchard
Municipal Code, to read as follows:
20.38.285 Building design.
1) Applicability: This section shall apply to detached houses, paseo houses, duplexes, attached houses.
townhouses. and fourplexes as defined in Chapter 20.38 POW.
(2) Front Entry Focal Point Standards. All buildings subject to these standards shall comply with the following
standards to establish the front entry as a focal point:
(a) Entry Protrusion or Porch Inclusion: The front entry must be clearly defined as a focal point. This
can be achieved through either of the following options.
(i) The front entry shall project outward from the street -facing facade of the dwelling. The
minimum horizontal projection shall be six feet from the street -facing facade.
(H) An alternative to entry protrusion is the inclusion of an entry design that meets the
minimum requirements of POW 20.38.240.
(b) Entry Design Elements: The front entry or porch shall incorporate at least two architectural
features, such as decorative columns, archways, overhangs, or other design elements, that emphasize its
prominence. These design elements shall be in proportion to the dwelling's size and shall be consistent with
the overall architectural style.
(c) Entry Visibility: The front entry or porch shall be visible and easily accessible from the street and
shall not be obstructed by landscaping or other structures.
3) Windows and Transparency. All structures subject to these standards shall include windows that
collectively constitute the greater of a minimum of 8%, or the transparency percentage noted in the
corresponding building type section in POW 20.38.230.of the total street -facing facade area and utilize the
required window trim size requirements as follows:
(a) The calculation for determining compliance with the 8% window area requirement shall be as
follows:
Total Window Area = (Sum of the individual areas of all windows on the street -facing facade)
Total Facade Area = (The total surface area of the street -facing facade)
Window Area Percentage = (Total Window Area / Total Facade Area) * 100
b) The facade is measured from the base of the house to the start of the roofljne and any other
vertical walls facing the street, except for gabled portions of the facade not containing livable floor
area.
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c) All buildings with street -facing facades shall include window trim and details that conform to one of
the following standards:
(i) Trim width: Window trim shall have a minimum width of three and one half inches.
measured from the edge of the window frame to the outer edge of the trim.
(ii) Trim depth: Window trim shall extend outward from the facade to a minimum depth of
two inches.
(iii) Visual Interest: Window trim and details shall be designed to enhance visual interest and
architectural character. This may include decorative moldings, sills, lintels. or other architectural elements
that create depth and texture. A minimum of two options from the following list to achieve Visual Interest
compliance for window treatments on street -facing facades:
a) Shutters on all street facing windows. Shutters shall be installed in a manner
consistent with the architectural style of the building.
b) A keystone above a window (on masonry homes). The keystone shall be
designed to complement the overall architectural style and shall be appropriately sized and
located above the window
c) Windows containing more than two glass panes (or that give the appearance of
multiple panes). Multi -pane windows shall be designed and arranged to enhance visual
interest and architectural character.
d) Stained or custom glass. Stained or custom glass shall be incorporated into
windows in a manner that enhances visual interest and complements the building's design.
e) Exterior window sills. Exterior sills shall be designed and installed to provide
depth and visual interest to the windows.
f) Significantly increased facade transparency percentages in a modern
architectural application. In modern architectural applications. increased facade
transparency percentages, achieved through large windows or glass facades, shall be used to
create visual interest.
g) Other design techniques that effectively emphasize windows as an architectural
feature as determined by the director.
SECTION 6. A new section, Section 20.38.290, is hereby added to the Port Orchard
Municipal Code, to read as follows:
20.38.290 MVOD Architectural Variety
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(1) Purpose: The purpose of this section is to ensure architectural variety in developments by accommodating
various architectural styles, design elements, and facade elevations for certain building typesas described in
POMC 20.38.225
2) Applicability: This section shall apply to detached houses, paseo houses, duplexes, attached houses.
townhouses, fourplexes, forecourt apartments, and apartments as defined in Chapter 20.38 POMC.
(3) Architectural Variety Standards: Structures subject to architectural variety requirements, shall comply
with the following standards:
(a) Facade Elevation Variety Standards: The number of different facade elevations required shall be
based on the size of the development or street block, and shall comply with the following standards:
fill Duplicative building designs adjacent to each other are prohibited. Simple reverse
configurations of the same building design on adjacent lots are not sufficient to meet architectural
variety goals. Exceptions may be granted by the director in special circumstances where similar
architectural consistency provides a distinct character for a cluster of buildings surrounding an open
space or on a particular street.
(ii) Generally, the more buildings in a subdivision or on a street block. the greater the
number of different facade elevations will be required. Specifically, the following subdivision and
street block variety standards shall apply:
Al Subdivisions.
i) Ten to 19 buildings, a minimum of four different facade elevations shall
be used.
ij) Twenty to 39 buildings, a minimum of five different facade elevations
shall be used.
iiil Forty to 69 buildings, a minimum of six different facade elevations shall
be used.
(iv) Seventy or more buildings, a minimum of seven different facade
elevations shall be used.
(B) Street Block.
fill Less than six buildings, a minimum of three different facade elevations
shall be used.
ii) Seven to 10 buildings. a minimum of four different facade elevations
shall be used.
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iii) Eleven to 14 buildings, a minimum of five different facade elevations
shall be used.
(iv) Fifteen or more buildines, a minimum of six different facade elevations
shall be used.
b) Definition of Different Facade Elevation: In order to qualify as a different facade
elevation, buildings shall meet the following criteria:
i) Have different roofline configurations, different color palettes, and different
porch/entry design that meets the requirements of POW 20.38.240.
ii) Utilize a minimum of two of the following alternatives:
(A) Different window openings (location and design).
B) One- and two-story buildings.
(C) Different exterior materials and finishes.
D) Different garage location, configuration, and design.
E) Other different design element that helps to distinguish one facade
elevation from another as determined by the director.
SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 131" day of February 2024.
Page 61 of 117
Ordinance No. **
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Robert Putaansuu, Mayor
Ago] L106]3
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 62 of 117
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City of Port Orchard OW216 Prospect Street Port Or1 (36 , 87 -4407 ORCHARD.
cityhall ar portorchardwa.gov � (360) 876-4407
www. ortorchardwa. ov
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date: February 13, 2024
Subject: Approval of a Memorandum of Understanding Prepared By: Nick Bond, AICP
Between the City of Port Orchard and Century DCD Director
Communities of Washington, LLC Concerning
the Mitigation of Traffic Impacts at Sinclair
Ridge in Bremerton
Summary: Sinclair Ridge is a 343-lot subdivision within the City of Bremerton that has sole access from
McCormick Village Drive (formerly known as Campus Parkway) in Port Orchard. During the preliminary
subdivision and State Environmental Policy Act (SEPA) review process for the project, Port Orchard was
successful is requesting that the Sinclair Ridge project be required to pay SEPA based transportation
mitigation fees to Port Orchard for each house constructed within Sinclair Ridge. In the SEPA Addendum
issued for the project, Mitigation Measure #3 states:
"Addendum Mitigation Measure #3: The project shall mitigate transportation
impacts in the City of Port Orchard as follows. The City of Port Orchard shall
provide the proponent with an official receipt after payment.
a) The proponent shall provide mitigation funding to Port Orchard for
mitigation of traffic impacts in the City of Port Orchard. Prior to building
permit issuance, the proponent shall pay to Port Orchard the amount of
$1,668.97 per dwelling unit.
b) As mitigation for construction of the intersection at Old Clifton Road and
Campus Parkway, the proponent shall pay a second mitigation fee in the form
of a proportionate share fee to Port Orchard. Prior to building permit
issuance, the proponent shall pay to Port Orchard the amount of $1,049.56
per dwelling unit."
The Sinclair Ridge project is now owned by Century Communities of Washington and is nearing the
construction of the first homes within the subdivision. The City of Port Orchard and Century
Communities wish to memorialize the terms and process for the payment of mitigation fees to
provide Port Orchard's Finance Department with guidance for the receipt and disbursement of
these funds. Under the terms of the MOU, the City will receive a total of $932,455.79 in mitigation
fees. Of this total $359,999.09, is being paid toward the City's cost of constructing the McCormick
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Staff Report 713
Page 2 of 2
Village Drive Roundabout and will be returned to the City's Transportation Impact fee fund to cover
impact fee credits granted to McCormick Communities for the construction of this roundabout
under contract C035-21. The remaining $572,456.71 in fees to be paid will be available for use on
any of the following projects and/or debt.
Tremont Street Widening (Debt)
The Anderson Hill/Old Clifton Roundabout
Sidney Road SW Widening
Old Clifton Road Shoulder and Pedestrian Improvements
Old Clifton Road McCormick Woods Drive Intersection Improvements
Recommendation: Staff Recommends that the City Council approve the MOU as presented.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to approve a Memorandum of Understanding between the
City and Century Communities of Washington, LLC, as presented."
Fiscal Impact: The City will receive funding totaling $932,455.79 under the proposed agreement.
Alternatives: Amend the proposed agreement. Note that the amount of mitigation to be paid is
fixed and cannot be changed.
Attachments: The Memorandum of Understanding
Page 64 of 117
MEMORANDUM OF UNDERSTANDING BETWEEN CENTURY COMMUNITIES,
LLC AND THE CITY OF PORT ORCHARD CONCERNING MITIGATION FOR THE
SINCLAIR RIDGE SUBDIVISION
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 2024, by and between the City of Port Orchard, a municipal corporation,
hereinafter the "City", and Century Communities of Washington LLC, a Delaware limited
liability company ("Owner"), registered under the laws of the State of Washington and doing
business at 20000 North Creek Parkway, STE 201, Bothell, WA 98011 The City and the Owner
are each a "Party" and collectively the "Parties" to this Agreement. The Parties hereby agree as
follows:
I. RECITALS
1.1 The Owner has been granted final approval for a preliminary subdivision known
as Sinclair Ridge ("Project"), project file number BP14 000075, on the property at located 2900
feet North of Old Clifton Road on Kitsap County Tax Parcel Number 042301-2-038-2006 in
Bremerton, Washington ("Property" or "Project Area"), as legally defined in Exhibit A; and
1.2 The Project contains 343 lots and is depicted on Exhibit B; and
1.3 In conjunction with the preliminary subdivision, Bremerton issued a State
Environmental Policy Act Mitigated Determination of Non -Significance ("MDNS") on
September 4, 2007, which was not appealed; and
1.4 On June 10, 2020, the City of Bremerton issued an addendum to the MDNS,
which was not appealed; and
1.5 On October 6, 2023, the City of Bremerton issued a second addendum to the
MDNS which was not appealed; and
1.6 The MDNS and addendums required, among other unrelated mitigation, the
following SEPA mitigation measure #3:
"Addendum Mitigation Measure #3: The project shall mitigate transportation
impacts in the City of Port Orchard as follows. The City of Port Orchard shall
provide the proponent with an official receipt after payment.
a) The proponent shall provide mitigation funding to Port Orchard for
mitigation of traffic impacts in the City of Port Orchard. Prior to building
permit issuance, the proponent shall pay to Port Orchard the amount of
$1, 668.97 per dwelling unit.
b) As mitigation for construction of the intersection at Old Clifton Road
and Campus Parkway, the proponent shall pay a second mitigation fee in
the form of a proportionate share fee to Port Orchard. Prior to building
permit issuance, the proponent shall pay to Port Orchard the amount of
$1, 049.56 per dwelling unit."; and
MOU with Century Communities for Sinclair Ridge
Page 1
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 65 of 117
1.7 The Owner is nearing the construction of the first model homes within the Project
Area and the parties wish to outline in an agreement the process for making mitigation fee
payments to the City of Port Orchard; and
1.8 The City wishes to document the purpose of the mitigation fees and to outline
how the funds may be used to mitigate project impacts in accordance with the MDNS;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, the Parties hereto agree as set forth above and as follows:
II. PERFORMANCE OBLIGATIONS
2.1 Prior to the issuance of a building permit for any individual lot within Sinclair
Ridge, the Owner shall pay $1,668.97 per dwelling unit for such lot as a SEPA
mitigation fee. Each payment shall indicate the lot(s) containing the dwelling unit(s)
for which the payment is being made.
2.2 Prior to the issuance of a building permit for any individual lot within Sinclair
Ridge, the Owner shall pay an additional SEPA mitigation fee of $1,049.56 per
dwelling unit for such lot as an off -set contribution to the City of Port Orchards cost
to construct a roundabout at Old Clifton Road and Campus Parkway (renamed
McCormick Village Drive following the issuance of the MDNS and addendum).
2.3 Upon payment of the fees as described in sections 2.1 and 2.2, the City shall
furnish a receipt and provide copies of the receipt to the applicant and the City of Bremerton
indicating the receipt of payment and the lots for which the payment has been made. The City
will email receipts to the City of Bremerton at DCDPermits(aci.bremerton.wa.us.
2.4 In accordance with the official record for the Preliminary Plat of Sinclair Ridge,
the mitigation fees received by the City of Port Orchard under section 2.1 of this Agreement may
be used or applied to the following projects, project debt, or future project planning, engineering,
design, permitting, and/or construction:
2.4.1 Tremont Street Widening.
2.4.2 The Anderson Hill/Old Clifton Roundabout
2.4.3 Sidney Road SW Widening
2.4.4 Old Clifton Road Shoulder and Pedestrian Improvements
2.4.5 Old Clifton Road McCormick Woods Drive Intersection Improvements
2.5 In accordance with Addendum Mitigation Measure #3 (b), the mitigation fees
paid under section 2.2 of this Agreement may be used by the City of Port Orchard to repay
project debt related to the construction of the Old Clifton Road/Campus Parkway (renamed
McCormick Village Drive) Roundabout project.
MOU with Century Communities for Sinclair Ridge
Page 2
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 66 of 117
2.6 The Owner acknowledges and accepts that the City may utilize the Funds for the
purposes described herein at any time after the Funds are deposited with the City, at the City's
sole discretion, and the Owner affirmatively disclaims any interest in the Funds following
deposit with the City.
III. GENERAL PROVISIONS
3.1 Applicable Law; Attorneys' Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. Venue for any action arising
out of or relating to this Agreement shall lie in Kitsap County Superior Court. The non -
prevailing Party in any action brought to enforce this Agreement shall pay the other Parties'
expenses and reasonable attorney's fees.
3.2 Effective Date. This Agreement shall be deemed effective upon mutual execution
following approval by the Port Orchard City Council, which approval shall be attached hereto
and adopted herein by this reference. This Agreement shall remain in full force and effect until
issuance of the Building Permit for the last residential structure of the 343 lot Project and upon
payment of the mitigation fee for that dwelling unit.
3.3 Entire Agreement. This Agreement embodies and constitutes the entire
understanding between the Parties hereto with respect to the transactions contemplated herein,
and all prior or contemporaneous agreements, understandings, representations, and statements,
oral or written, are merged into this Agreement.
3.4 No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
3.5 Binding on Successors. If the Owner assigns or transfers the Sinclair Ridge
Property as a whole, such assignee or transferee shall be obligated and bound by the terms and
conditions of this Agreement and shall be the beneficiary thereof and a Party thereto. Any such
transfer shall include a provision that incorporates this Agreement and requires that such
purchaser, assignee, or transferee observe and fully perform all the duties and obligations of the
Owner as contained in this Agreement.
3.6 Severability. This Agreement does not violate any federal or state statute, rule,
regulation, or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation, or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
3.7 Non -Waiver of Breach. The failure of a Party to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
conferred in one or more instances shall not be construed to be a waiver or relinquishment of
said covenants, agreements, or options, and the same shall be and remain in full force and effect.
3.8 Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the Parties in accordance with this Section. Notices,
MOU with Century Communities for Sinclair Ridge
Page 3
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 67 of 117
demands, and correspondence to the City and/or the Owner (as applicable) shall be sufficiently
given if dispatched by pre -paid first-class mail to the addresses of the Parties as designated
below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney.
The City shall be required to give notice only to those successors -in -interest of the Owner who
have given the City written notice of their address for such notice. The Parties hereto may, from
time to time, advise the other of new addresses for such notices, demands, or correspondence.
Unless otherwise specified, any written notice hereunder shall become effective upon the date of
both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given
if sent to the addressee at the address stated below:
CENTURY COMMUNITIES LLC:
Christian Cermak, Vice President
20000 North Creek Parkway
STE 201
Bothell, WA 98011
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuuA, cityofportorchard.us
Sean Underwood, Land Acquisition Manager
20000 North Creek Parkway Copies shall also be transmitted to the
STE 201 City Clerk and City Attorney at the
Bothell, WA 98011 above address.
3.9 Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
3.10 Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably
necessary to carry out this Agreement as may be necessary to provide a Party with a full and
complete enjoyment of its rights and privileges under this Agreement.
3.11 Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
3.12 Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument.
Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all
such counterparts shall constitute one document.
MOU with Century Communities for Sinclair Ridge
Page 4
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 68 of 117
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set
forth below.
CITY OF PORT ORCHARD
("City")
Its
Dated:
MOU with Century Communities for Sinclair Ridge
Page 5
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
CENTURY COMMUNITIES LLC
("Owner")
Christian Cermak, Vice President
Dated:
Page 69 of 117
CITY NOTARY BLOCK
STATE OF WASHINGTON
ss:
COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that Robert Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of
Port Orchard to be the free and voluntary act of such entity for the uses and purposes mentioned
in the instrument.
DATED:
NAME:
(Print Name)
Notary Public in and for the State of Washington.
Commission Expires:
CENTURY COMMUNITIES NOTARY BLOCK
STATE OF WASHINGTON )
ss:
COUNTY OF )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of CENTURY COMMUNITIES LLC to
be the free and voluntary act of such entity for the uses and purposes mentioned in the
instrument.
DATED:
NAME:
(Print Name)
Notary Public in and for the State of Washington.
Commission Expires:
MOU with Century Communities for Sinclair Ridge
Page 6
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 70 of 117
MOU with Century Communities for Sinclair Ridge
Page 7
10815908.1- 366922 - 0001
10815908.1- 366922 - 0001
Page 71 of 117
City of Port Orchard Legislative Dinner
OnJGti`� The historic "Maury House"
ORCHARD ® 1604 Water Street SW
Olympia, WA 98501
Special Meeting of January 15, 2024
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 7:06 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Chang
Absent
Councilmember Diener
Absent
Councilmember Fenton
Present
Councilmember Morrissey
Present
Councilmember Rosapepe
Present
Councilmember Trenary
Present
Councilmember Worden
Present
Mayor Putaansuu
Present
2. PRESENTATION
Back to Agenda
Mayor Putaansuu presented the City's 2024 Legislative Agenda. He provided a brief update on the
progress of the Port Orchard Community Events Center. The City intends to request funding in the
2025 Legislative Session for the project. Representatives Hutchins, Caldier, and Senator Randall
expressed support for the project.
The Mayor then spoke to the City's Bay Street Sea Level Rise project. There was a brief discussion, lead
by Senator Randall, regarding the impact of six initiatives being put forward to the Legislature, one of
which would repeal the Climate Commitment Act if approved. Senator Randall indicated there would
not be funding for resilience projects, like Bay Street, if this law is repealed.
The Mayor spoke to the need for further legislative reform to authorize vehicular pursuits for stolen
vehicles.
There was discussion about the potential need for a police training academy located in Kitsap County
or in the region. Representative Caldier will be following up with necessary steps to explore this
possibility.
The Mayor spoke to the need for ongoing state funding to implement legislation placing additional
burden on municipal courts.
Page 72 of 117
Back to Agenda
The Mayor provided an update on the City's progress on permitting additional municipal water
capacity.
3. ADJOURNMENT
The special meeting adjourned at 8:12 p.m. No action was taken.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
January 15, 2024, Special Legislative Dinner Meeting Minutes
Page 2 of 2
Page 73 of 117
�� �• -;�-ram•
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1 �2#Ati
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4
port nrrkorrJ
Development Activity and
City Projects
February 2024
Kitsap County Campus
Parking Expansion
• Kitsap County has applied
for a development
agreement for a phased
project.
• Phase 0 to commence in
2024.
L
-L.
TO KENDALL Sf
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Page 75 of 117
Back to Agenda
• 192 Units
FOREST SONG
• Early Grading and Site Stabilization Work Complete
• Land Disturbing Activity Permit (LDAP) for project in review
Page 76 of 117
Back to Agenda
McCormick Village Phase 1-4
• Homebuilding Underway
• Division 1— 84 Lots (Complete)
• Division 2 — 66 Lots (more than 50% of homes have
been constructed)
• Division 3 — 38 Lots (Home building recently
commenced on first lots)
• Division 4 — 40 Lots (Final plat granted, home
building has not commenced)
Page 77 of 117
Back to Agenda^
y
f
McCormick
Village Master
Plan
Commercial Area and
Eastern Residential
Area under
construction.
Residential Preliminary
Subdivision for east
area previously
approved.
Preliminary Subdivision
for Residential West
Area is under review.
Page 78 of 117
McCormick Village
Park Phase 3
• Trail Access from NW side of Park
• Pickleball Courts
• Picnic Tables
• Landscaping
F.
F-.�
McCormick Trails
(McCormick West)
• Under Construction
• Division 11— 99 Lots (more than 50% of
lots have homes constructed)
• Division 12 — 136 Lots (more than 50% of
lots have homes constructed)
• Division 13 — 111 Lots (Final Plat Expected
in 2024)
• Division 14 — 120 Lots (Final Plat Expected
in 2024)
• In Permitting
• Division 18 — 114 Lots
• Future Phases
• Divisions 15-17, 19-23 in future years — 956
Additional Lots
Back to Agenda
4. �'.Wobds G-Q1
SAO
I armic%C Tram +,
by P01te Nome
i
f - R P em rial Pa *'
A F
Whrnond-Ameji an es
at#li +ormie T�,rll #,
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5
McCormick
Trails Division 18
• 114 lots
• Civil Plan Review
Underway
• Construction expected in
2024
• Final Plat expected in
2025
r
St. Andrews
Park
8
• Park to be constructed
along St. Andrews near
Parcel K
• Amenities include parking,
playground, pickleball
court, and picnic shelter
• Estimated construction in
2026-2028 (subject to
change)
Back to Agenda
77,
xM_
Page 83 of 117
lilt, tT,
At
N.
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Y
ay; 1 i St'�e a eF otogvp
flo
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k y rile
V. AWL
Stetson Heights/Stetson
Ridge
Total of 412 Lots
Final Plat Issued on Phases 1-4
— Housing Construction
Underway.
Stetson Ridge Under
Construction — Contains 108 of
412 lots — Completion
expected late 2024.
0
9
Amm
IK§F�4
- n�
Kitsap Transit
Park and Ride
• Construction 2024
• Future Development Pads TBD
• Sidney Road SW to be Improved
• Lift Station Site to be Dedicated to City
• Sewer improvements in Sidney Road SW to be constructed
• Development Agreement Proposed
Meyer's Sedgwick
• The Ramsey Mixed Use - 99 Units
• Multifamily Tax Exemption
• Retail Space
• Starbucks recently completed
Pottery Creek
Apartments
Phase 2
J■
• Phase 1— 136 Units (Recently Completed)
• Phase 2 — 192 Units (Building Permit Applications Submitted
and Under Review)
• Multifamily Tax Exemption
4 -Q48 4.029 • ��
i
077
3.07�
Blueberry
Apartments
• 108 Apartments
• Under Construction
• Development Agreement approved
• Multifamily Tax Exemption approved for the project
Back to Agenda
Hidden Hills
Apartments
117 Apartments — LDAP
Application - ready to issue
• Fee in Lieu of Construction
Agreement in Place
�1 3-D15 3.015
x MR
41 t,
3-121
} I
{ r
2-077 -'
Thimbleberry
Townhomes
20 remaining townhomes to be constructed
Binding Site Plan Application Submitted
••••••••••
••••••••••
Salmonberry
Apartments
• 28 Apartments
• Dedicated Access to Home
Depot Site
• Building Permit Applications
Submitted
0 Multifamily Tax Exemption
Back to Agenda
—
a Irt7una
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{ I BW-
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•iami• ��x��M f�
The Home
Depot
• Development Agreement
Proposed
• LDAP Submitted
• Construction delayed
because company is
waiting for Bethel Phase 1
project to be completed.
• Construction 2027?
EP-__________._
_____
________._________ _
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Page 93 of 117
Back to Agenda
-
ir
lei
i
tI
Riverstone Plat and
Bridgeview
Apartments
• Bridgeview Apartments: 136
Units
• Riverstone Plat: 39 Lots
Contour
Apartments
• Contour Apartments: 24
Units
• Includes extension of
Harold to Lund
Back to Agenda
I 11
1
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Page 95 of 117
D 5 '
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Plisko Apartments
58 Units
MFTE Agreement In Place
Plisko Frontage Improvements
Back to Agenda. r ,,. , }� - �,.,! .$ 'q.
4�• AMF � S
;PAk�' r
L r 1. - JOEL_
Page 96 of 117
RIP. R . dt Sbri
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i
Back to Agenda
I wl�
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Overlook Apartments
Overlook Apartments — 117 Units — Temporary Occupancy Granted on 3 Buildings
Page 97 of 117
Kitsa p Ba n k
• Development Agreement
approved
• Construction Planned 2024-2025
• Building Permits and Shoreline
Substantial Development Permit
applications have been submitted
to the City.
lAr
Back to Agenda
V 4
98of117
�V
9
F::� INS
Back to Agenda
im
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2 Mr;
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Diaz Meadows
• Located on Old Clifton Road west
of Industrial Park
• Development Agreement
approved
• 96 Apartment Units
• Project to build a portion of 390-
580 zone water intertie
• Permits issued
_vrgrn, S€: Semi €vrgrn, DT. DmughP Tod, OR.' Deer Resist N-)Mfirm
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to Agenda
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AND PLAY AREA
.ki.�r arar S RA rP loj
mcO rdW—r0LSr4^Trl[Lrpf—*6%tl4
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YJ.ONS Ir�+Llp }ry,yrT pNl11} TY Mi TQ[ PS[
YRp OM1 �4PY pLLLL [i9pVTi MreR [r rT,yrRM1p T{}
M31M BUFFER I69EA3 a pnnJ[K9R n'/+'s1[ GlrTa9i �
FOR GPEN ErNCE RIW %'�i�l�{.
ObivPPRa.-yc xssmm
nxsil [r5L s¢ un l
plyrny@9EPg1wT.RE srfA3R '
Trf unrYwOR SW.nFE OnBOE - '
PR RLgrR4P lA.P}C�PEWE.B
OnLTrds.nrc n sswsry
titnwpirnr[m R,.rxfFE F W a�11R�+Ir WE Y
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Un OM —MU 4 ur^e
'_ A
Total Residential
Development Activity
• Near Term: 1,927 total units with
capacity for 4,571 Residents:
• 749 Single Family Homes
• 400 Middle Housing Units
(McCormick Village)
• 778 Apartments
• Long Term and Approved Projects (In
addition to near term): 2,209 total units
with capacity for 5,812 residents
• 1,653 Single Family Units
• 556 Multifamily Units
DOWNTO
ORC
HARD
Back to Agenda
N
ORCHARD
"ACHT SALES /
i
i
� i I
AV
rage iuz or i it
Back to Agenda
OVERVIEW
+ Total Investments ............................ 3
PU r ':
+ Marina Breakwater .......................... 4
+ Electric Ferry Charging Infrastructure .......... 5
+ Bay Street Reconstruction .....................6
+ Bay Street Ped. Path ....................... 7-8
+ City Hall Reskin Project .......................9
+ Community Event Center .................... 10
+ Orchard Street Plaza .........................11
+ Marina Lift Station .......................... 12
PRIVATE
+ Kitsap Bank Headquarters .
+ 429 Bay Street ............
..................14
... ..............15
Page 103 of 117
DOWNTOWN PROJECTS - TOTAL INVESTMENT
Public Projects Downtown Port Orchard
Agency
Total Funding Secured Federal
State Public Facilities District
Local Match Outside Agency
Marina Breakwater
Port of Bremerton
$15,741,412.00
$9,400,000.00 $5,008,430.00
$332,982.00 $1,000,000.00
Electric Ferry Charging Infrastructure
Kitsap Transit
$13,000,000.00
$4,000,000.00 $6,500,000.00
$2,500,000.00
Bay Street Reconstruction
City of Port Orchard
$3,784,000.00
$3,000,000.00
$784,000.00
Bay Street Pedestrian Pathway Phase 2
City of Port Orchard
$8,557,590.00
$5,118,590.00
$3,439,000.00
Bay Street Pedestrian Pathway Situational
Study
City Hall Reskin Project
Community Event Center/Library
Orchard Street Plaza
Marina Lift Station
Bay Street Environmental Cleanup
Total
City of Port Orchard
City of Port Orchard
City of Port Orchard/ Kitsap
Regional Library
City of Port Orchard
City of Port Orchard
Port of Bremerton
$566,474.00
$10,997,000.00
$31,046,000.00
$900,000.00
$15,821,100.00
$800,000.00
$566,474.00
$2,821,100.00
$1,500,000.00
$13, 000, 000.00
$800,000.00
$18,546,000.00
$10,997,000.00
$5,500,000.00 $5,500,000.00
$900,000.00
$101,213,576.00 $24,906,164.00 $26,808,430.00 $18,546,000.00 $24,452,982.00 $6,500,000.00
Private Projects Downtown Port Orchard Developer Total Cost Estimate
Kitsap Bank Kitsap Bank $40,000,000.00
429 Bay Street BJC Group $20,000,000.00
Total
Total Estimated Public and Private
Investment in Downtown Port Orchard
Total Estimated Local Capital
$161,213,576.00
$24,452,982.00
$60,000,000.00
Page 104 of 117
Mp-
7-
sl
.!
wr
ol & 9, A Is Ill PC 101 rM I on I Wo
7 ril
. . . . . . . . . .
4 46 6
AFL-
=3F
IN
ELECTRIC"�ndaERRY
& CHARGING INFRASTRUCTURE
All Electric Local Foot Ferry
$131000,9000
+ $4/000/000 Federal Transit
Administation Passenger Grant Program
+ $6/500/000 Washington State
Department of Transportation
Foot Ferry Charging Infrastructure
$31700.VOOO
+ $3/000/000 Federal Transit
Administration Passenger Ferry Grant
Program
Page 106 of 117
5
DESIGN
+ Federal -
$1,000,000
appropriated via
Representative Kilmer
CONSTRUCTION
+ Federal -
Puget Sound
Regional Council STP:
$2/2001000
Back to Agenda
BAY STREET RECONSTRUCTION
4"
,f
r-i'•
S
TIN®IR T,FE ILA ..
t .i FrLIS
Plll1 �Rt'`IF
i WEJdw... ...... ..........
l lae 299�
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Page 107 of 117 t� I, .911`
PORT ORCHARD
_ COMMUNITY EVENT
CENTER (POCEC)
BAY STREET STUDY
STATE ROUTE 166 (SR-i66)
RE -ALIGNMENT ANALYSIS
+r FORT ORCHARD, WA
�..._. DATE: 5/2012022
DRAWN BY; BJD/KPFF
PRELIMINARY UTILITY
& STORM PLAN
I�1
PATH PHASE 2
JL1-L:--:
HLL'ff
+ Federal - FHWA
$5,118,590
+ Local
$3,439,000
a;;w
ms
0
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9
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AFP
fJ
CEC Building
• Kitsap Public
Facilities District:
$18546,000
+ Kitsap Regional
Library: $5,500,000
Shoreline Restoration �ro � Y
(Adjacent to CEC)
5
Page 111 of 117
10
I
C Back toAgenda '.RD STREET PLAZA
Overall Design I The Vision
ion
The overall area is being designed as a T..SOHMORMELLINE RESTORATION SCOPE
community destination fof daily informal
gatherings and larger formal weekly,
monthly and annual events.
Flexibility and shared use of the outdoor
spaced is Ivey to being able to activate the
spaces.
Site Activation and Programming include=
• -OCEC events
• _ibrary hildren's space
• -ibrary Teen space
• Seating Edge
Flex1ible event space
Food trucks
Retail/Entry
Stage
Waterfront viewing, limited shoreline
access
SOUTH I IT AP COM ICI U N1T
EVENTSCENTER
04.11.2023 SITE SCOPE
DELINEATION
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FCEC SCOPE
FUTURE
ti j DEVELOPMENT � {
° ORCHARD
•. �, .. PLAZA 5COP
Seeking Funding (areas in red):
+ $2/000/000
Possible 2024 RCO Local Parks funding:
+ $500,000 maximum award
Page 112 of 117 11
MARINA
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' Generator,
E-response trailer
■ `, and dumpsters
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New Multi -Use
Trail
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Back to Agenda
to exit on
Sidney Ave
+ Clean Water State
Revolving Fund:
$13,000,000
ioReprised Traffic
Circulation
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New Viewing`
Plaza bdI6
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+ Federal ARPA Funds:
$2,821,100
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New Multi -Use
Building
.� - Page 113 of 117 12
Back to Agenda
4
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Port of Bremerton
vrn
Federal EPA
Brownsfield Program:
Ap
$800/000
13
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Page 117 of 117