06/16/2020 - Work Study - PacketPlease turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
Meeting materials are available on the City’s website: www.cityofportorchard.us or by contacting the City Clerk’s Office, 360.876.4407
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City of Port Orchard Council Work Study Session
June 16, 2020
6:30 p.m.
1.Traffic Impact Fee Study Update and Alternatives (Bond and
Transportation Solutions, Inc.) Page 3
Estimated Time: 20 Minutes
2.Multifamily Property Tax Exemption Requirements-Chapter 3.48
(Bond) Page 9
Estimated Time: 20 Minutes
3.2020 Comprehensive Plan Amendments (Bond) Page 19
Estimated Time: 15 Minutes
4.Revisions to Residential Design Standards – Chapters 20.32.020,
20.32.40 and 20.122.060 (Bond) Page 67
Estimated Time: 20 Minutes
5.Significant Trees and Tree Canopy Protection – Chapter 20.129 (Bond)
Page 99
Estimated Time: 20 Minutes
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Finance Committee
Economic Development & Tourism Committee
Transportation Committee
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe (Mayor Pro-Tempore)
Utilities/Sewer Advisory Committee
Land Use Committee
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee, Chair
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
Remote access only
Link: https://us02web.zoom.us/j/84608781454
Zoom Meeting ID: 846 0878 1454
Zoom Call-In: 1 253 215 8782
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City of Port Orchard
Work Study Session Executive Summary
Issue Title: Traffic Impact Fee Study Update and Alternatives
Meeting Date: June 16, 2020
Time Required: 20 minutes
Attendees: Nick Bond, Community Development Director, Victor Salemann and Andrew Bratlien,
Transportation Solutions, Inc.
Issue: In late 2019, the City began work on an update to its traffic impact fee (TIF) calculation and study.
It is recommended that the City update this body of work every 3-5 years. The current TIF was adopted
in 2015 and requires an update at this time. The TIF update is tied to our ongoing negotiations with
McCormick Communities, regarding an update to their development agreement for transportation. In
these negotiations, both parties are working to replace the existing transportation development
agreement with a new agreement, and to establish one citywide TIF rather than the current complicated
system which involves accounting for McCormick and citywide transportation impact fees separately.
Adopting a single citywide TIF and adopting an amendment to the existing transportation agreement
requires that these two efforts move forward together. At this time, the City Council should review the
TIF calculation and the projects that form the basis of the calculation, so that negotiations with McCormick
Communities on a transportation agreement can move to the next phase.
Background: When setting the TIF in 2015, the City Council learned that the per peak p.m. trip impact fee
amount (currently $2,552) is derived by estimating growth’s share of a list of transportation capacity
projects, and dividing that amount by the estimated number of new peak p.m. trips forecast over a 20-
year period. The Council also learned that impact fees received could only be spent on projects that are
included in the TIF calculation. Because the growth forecast is incorporated into the City’s Comprehensive
Plan, the primary way to adjust the TIF amount is to either add or subtract projects from the impact fee
calculation study. Adjusting growth’s share of a project can also cause the fee to increase or decrease,
but the growth share needs to be based on real data, in this case our transportation model.
In 2015, the TIF study initially identified a fee amount that was more than $4,000 per peak p.m. trip. At
the time, building activity was not fully recovered to pre-recession levels and the Council sought to adopt
a fee that was more in line with other neighboring jurisdictions. As such, several projects were removed
from the TIF study or were scaled down in scope to bring the fee down to $2,552.
Alternatives: The attached TIF study is based on our currently adopted Transportation Improvement
Program. It includes 3 alternatives, color coded green, yellow, and red. The green alternative is very
similar in the project list and fee amount that we have today (adjusted for inflation and with updated
Action Requested at this Meeting: Discuss and provide direction to staff on alternatives for the City’s
Transportation Impact Fee (TIF) calculation and Transportation Improvement Program (TIP), as
presented below.
Page 3 of 134
Executive Summary 1
Page 2 of 2
project cost estimates) and would cost $3,209 per peak pm trip. The yellow alternative adds the following
projects and would increase the fee to $4,333 per peak pm trip:
2.02/2.03 Sedgwick West (between SR-16 and Sidney Road SW)
2.04E Bethel Corridor phase 5 (Lund to Mile Hill)
2.19 New Collector (Part of Bethel Sedgwick Plan)
It should be noted that the City has been receiving numerous complaints about traffic related to the
Sedgwick West project (near Lowe’s). Finally, the red alternative adds the yellow alternative projects
above, as well as the following, and would bring the fee to $4,952 per peak pm trip:
2.01 Sidney Ave widening (Tremont South to Fireweed)
2.06 Pottery Ave widening (Tremont to Melcher)
2.09 Melcher Street widening (Pottery to Sherman)
2.10 Fireweed Road Widening (Sidney Ave to South Flower Ave)
2.12 Sherman Ave Widening (Fireweed to SR-16)
2.17 Geiger Road Widening (Sedgwick to Blueberry)
2.18 Salmon Berry Road Widening (Ramsay to Bethel)
2.20 Old Clifton Road – Complete Street
Several of the above projects from the red alternative are the source of public complaints, especially
Sidney Ave and Fireweed.
Relationship to Comprehensive Plan: RCW 35.77.010 requires that each city must adopt a comprehensive
6-year transportation program. The Washington State Growth Management Act (GMA) requires that the
transportation plan include a funding analysis of the transportation projects it recommends.
Recommendations: Discuss and provide direction on the three alternatives, or, on some hybrid
alternative.
Attachments: TIF Study.
Page 4 of 134
ID Project Name Cost
Estimate ($)
Local
Share ($)
Growth
Share (%)
Growth
Share ($)
DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000
1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656
1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,177,000 1,177,000 24% 285,249
1.4 Anderson Hill/Old Clifton Rd Intersection Impr.2,351,000 940,000 81% 763,699
1.5A Old Clifton Rd Design 303,000 303,000 100% 303,000
1.5C Old Clifton Rd Design - Campus Pkwy Intersection 2,000,000 2,000,000 100% 2,000,000
1.7 Vallair Ct Connector 2,426,000 1,213,000 8% 93,910
2.01 Sidney Ave Widening 12,736,000 6,368,000 48% 3,054,041
2.02 Sedgwick Rd West Design/ROW 1,402,000 701,000 100% 701,000
2.03 Sedgwick Rd West Constr.4,207,000 2,104,000 100% 2,103,500
2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr.11,528,000 5,764,000 24% 1,396,922
2.04B Bethel/Sedgwick Corridor Ph. 2 17,188,000 5,156,000 28% 1,438,364
2.04C Bethel/Sedgwick Corridor Ph. 3 6,003,000 1,801,000 5% 96,048
2.04D Bethel/Sedgwick Corridor Ph. 4 9,016,000 4,508,000 45% 2,031,252
2.04E Bethel/Sedgwick Corridor Ph. 5 10,863,000 5,432,000 100% 5,431,500
2.05 Sidney Rd Widening 7,595,000 3,798,000 66% 2,518,750
2.06 Pottery Ave Widening 1,941,000 971,000 28% 269,583
2.07 Old Clifton Rd Shoulder & Ped. Impr.2,426,000 2,426,000 100% 2,426,000
2.08 Old Clifton Rd & McCormick Woods Dr Intersection Impr.1,213,000 1,213,000 66% 799,492
2.09 Melcher St Widening 728,000 364,000 7% 24,570
2.10 Fireweed Rd Widening 455,000 228,000 5% 11,375
2.12 Sherman Ave Widening 637,000 319,000 5% 15,925
2.13 Tremont St Widening Ph. 2 - PO Blvd 10,376,000 5,188,000 100% 5,188,000
2.14 Pottery Ave Widening 5,094,000 2,547,000 16% 403,168
2.15 Old Clifton & Berry Lk Rd Intersection Impr.0 0 100%0
2.16 Blueberry Rd Widening 728,000 364,000 22% 78,260
2.17 Geiger Rd Widening 455,000 228,000 5% 11,375
2.18 Salmonberry Rd Widening 273,000 137,000 21% 27,983
2.19 New Collector 455,000 228,000 11% 24,952
2.20 Old Clifton Rd - Complete Streets 2,123,000 1,062,000 100% 1,061,500
Total 141,299,000 66,110,000 55% 36,411,074
Total Project Cost $141,299,000
Local Share (Development + City) (%)47%
Growth/Development Share ($)$36,411,074
2019-2040 PM Peak Hour Trip Growth (vph)7,352
2020 Transportation Impact Fee Rate ($/trip)$4,952
Remaining Unfunded Commitment ($)$29,698,926
Annual Funding Commitment ($/yr)$1,484,946
City of Port Orchard
DRAFT Transportation Impact Fee Rate Calculation - 2020 Update
Page 5 of 134
ID Project Name Cost
Estimate ($)
Local
Share ($)
Growth
Share (%)
Growth
Share ($)
DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000
1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656
1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,177,000 1,177,000 24% 285,249
1.4 Anderson Hill/Old Clifton Rd Intersection Impr.2,351,000 940,000 81% 763,699
1.5A Old Clifton Rd Design 303,000 303,000 100% 303,000
1.5C Old Clifton Rd Design - Campus Pkwy Intersection 2,000,000 2,000,000 100% 2,000,000
1.7 Vallair Ct Connector 2,426,000 1,213,000 8% 93,910
2.02 Sedgwick Rd West Design/ROW 1,402,000 701,000 100% 701,000
2.03 Sedgwick Rd West Constr.4,207,000 2,104,000 100% 2,103,500
2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr.11,528,000 5,764,000 24% 1,396,922
2.04B Bethel/Sedgwick Corridor Ph. 2 17,188,000 5,156,000 28% 1,438,364
2.04C Bethel/Sedgwick Corridor Ph. 3 6,003,000 1,801,000 5% 96,048
2.04D Bethel/Sedgwick Corridor Ph. 4 9,016,000 4,508,000 45% 2,031,252
2.04E Bethel/Sedgwick Corridor Ph. 5 10,863,000 5,432,000 100% 5,431,500
2.05 Sidney Rd Widening 7,595,000 3,798,000 66% 2,518,750
2.07 Old Clifton Rd Shoulder & Ped. Impr.2,426,000 2,426,000 100% 2,426,000
2.08 Old Clifton Rd & McCormick Woods Dr Intersection Impr.1,213,000 1,213,000 66% 799,492
2.13 Tremont St Widening Ph. 2 - PO Blvd 10,376,000 5,188,000 100% 5,188,000
2.14 Pottery Ave Widening 5,094,000 2,547,000 16% 403,168
2.19 New Collector 455,000 228,000 11% 24,952
Total 121,223,000 56,069,000 57% 31,856,462
Total Project Cost $121,223,000
Local Share (Development + City) (%)46%
Growth/Development Share ($)$31,856,462
2019-2040 PM Peak Hour Trip Growth (vph)7,352
2020 Transportation Impact Fee Rate ($/trip)$4,333
Remaining Unfunded Commitment ($)$24,212,538
Annual Funding Commitment ($/yr)$1,210,627
City of Port Orchard
DRAFT Transportation Impact Fee Rate Calculation - 2020 Update
Page 6 of 134
ID Project Name Cost
Estimate ($)
Local
Share ($)
Growth
Share (%)
Growth
Share ($)
DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000
1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656
1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,177,000 1,177,000 24% 285,249
1.4 Anderson Hill/Old Clifton Rd Intersection Impr.2,351,000 940,000 81% 763,699
1.5A Old Clifton Rd Design 303,000 303,000 100% 303,000
1.5C Old Clifton Rd Design - Campus Pkwy Intersection 2,000,000 2,000,000 100% 2,000,000
1.7 Vallair Ct Connector 2,426,000 1,213,000 8% 93,910
2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr.11,528,000 5,764,000 24% 1,396,922
2.04B Bethel/Sedgwick Corridor Ph. 2 17,188,000 5,156,000 28% 1,438,364
2.04C Bethel/Sedgwick Corridor Ph. 3 6,003,000 1,801,000 5% 96,048
2.04D Bethel/Sedgwick Corridor Ph. 4 9,016,000 4,508,000 45% 2,031,252
2.05 Sidney Rd Widening 7,595,000 3,798,000 66% 2,518,750
2.07 Old Clifton Rd Shoulder & Ped. Impr.2,426,000 2,426,000 100% 2,426,000
2.08 Old Clifton Rd & McCormick Woods Dr Intersection Impr.1,213,000 1,213,000 66% 799,492
2.13 Tremont St Widening Ph. 2 - PO Blvd 10,376,000 5,188,000 100% 5,188,000
2.14 Pottery Ave Widening 5,094,000 2,547,000 16% 403,168
Total 104,296,000 47,604,000 50% 23,595,510
Total Project Cost $104,296,000
Local Share (Development + City) (%)46%
Growth/Development Share ($)$23,595,510
2019-2040 PM Peak Hour Trip Growth (vph)7,352
2020 Transportation Impact Fee Rate ($/trip)$3,209
Remaining Unfunded Commitment ($)$24,008,490
Annual Funding Commitment ($/yr)$1,200,425
City of Port Orchard
DRAFT Transportation Impact Fee Rate Calculation - 2020 Update
Page 7 of 134
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Page 8 of 134
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Multifamily Property Tax Exemption Requirements – Chapter 3.48
Meeting Date: June 16, 2020
Time Required: 20 minutes
Attendees: Nick Bond, Community Development Director
Background: In June 2016, the City adopted Chapter 3.48 POMC (Multifamily Property Tax Exemption),
Ord. 023-16, to encourage the development of additional multifamily housing, including affordable
housing units, and to encourage the redevelopment and revitalization of targeted neighborhoods within
the City’s designated Centers. Initially, Chapter 3.48 provided 8-year and 12-year tax exemption
alternatives for all targeted areas, with the requirement that a 12-year tax exemption must include a
commitment to rent or sell at least 20% of the multifamily housing units as affordable housing to low and
moderate income households. Chapter 3.48 was amended in January 2018 with the adoption of Ord. 003-
19, which expanded the targeted neighborhoods, and revised the 12-year tax exemption to apply only to
the downtown area.
Currently, an applicant can receive an 8-year tax exemption in any area shown as “8 Year Eligible” or “12
Year Eligible” in Figure 1 of this chapter, without any requirements to provide affordable housing or other
public benefit. However, for a property to qualify for a 12-year tax exemption, it must be located in the
downtown area (“12-Year Eligible”), and at least twenty (20) percent of the multifamily units must be
affordable housing units to low- and moderate-income households.
In 2018, a developer approached the City asking the City Council to amend the MFTE map to include
additional properties in the benefit area. This request was approved, but the City Council was concerned
that there were no criteria for determining when to amend the map. In addition, through the issuance of
our first MFTE approval, City staff learned that the affordability requirement is easily met due to Kitsap
County’s relatively high adjusted median income (AMI), which is likely higher than Port Orchard’s AMI.
This means that a developer get an extra 4 years of tax exemption without providing housing that is
significantly less expensive than market rate. The Land Use Committee has been studying these issues,
and has worked with staff to propose a new MFTE framework for broader discussion.
Issue: Staff has outlined a proposed approach to amending the MFTE ordinance, and is seeking
feedback on the proposed outline from the City Council. This new approach would create three
different MFTE maps and have different criteria associated with each map.
Action Requested at this Meeting: Provide feedback and additional guidance to staff on three
alternatives for multifamily property tax exemption, to be incorporated into an ordinance revising
Chapter 3.48 POMC.
Page 9 of 134
Executive Summary 2
Page 2 of 3
1. Type 1 tax exemptions would provide 12-year exemptions for affordable housing and provide
additional standards to be met. The proposal calls for limiting this incentive to areas served by
transit (1/4 mile of a transit line/stop). It also requires that the affordable units be significantly
more affordable than is currently required.
2. Type 2 exemptions would be an 8-year exemption to encourage redevelopment with very few
strings attached, and would recognize the relatively higher cost of redevelopment as compared
to greenfield development. The City could designate sites that it would like to encourage for
redevelopment on this map. Sites with abandoned buildings, underutilized buildings, or sites
where improvement to land value ratios are at least 2:1 would be included.
3. Type 3 exemptions would be an 8-year exemption for what would generally be characterized as
greenfield development, where the City only provides the incentive if certain performance
standards are met. These performance standards could include things like structured parking
instead of surface parking, constructing mixed use buildings as part of a proposed project, or
purchasing additional height through the City’s transfer of development rights (TDR) program
and building taller buildings with higher assessed valuations. With this approach, the City would
be seeking win-win projects where the incentive results in higher value projects than would
otherwise be constructed, in the absence of an incentive resulting in increased long-term
revenues for the city.
These three MFTE type are more thoroughly detailed on the attached outline with maps showing the
possible locations for each type of MFTE incentive.
Alternatives: Revise the proposed revised options for multifamily property tax exemption; do not
amend existing requirements in Chapter 3.48.
Relationship to Comprehensive Plan:
• Housing Element Goal 2. Ensure that housing is affordable and available to all socioeconomic
levels of Port Orchard residents.
• Policy HS-4 Adopt zoning and development regulations that will have the effect of minimizing
housing costs and maximizing housing options.
• Policy HS-7 Consider the creation of zoning and other land use incentives for the private
construction of affordable and special needs housing as a percentage of units in multi-family
development.
• Policy HS-8 Consider adopting incentives for development of affordable multi-family homes
through property tax abatement in accordance with 84.14 RCW, focusing on designated mixed-
use local centers with identified needs for residential infill and redevelopment.
• Policy HS-14 Implement zoning and development regulations which encourage infill housing on
empty and redevelopable parcels.
• Policy CN-2 Focus future growth in designated, higher intensity areas in an effort to encourage
the preservation of open space and maintain surrounding neighborhood character.
• Policy CN-10 The City should support employment growth, the increased use of non-automobile
transportation options, and the preservation of the character of existing built-up areas by
encouraging residential and mixed-use development at increased densities in designated
Centers.
Page 10 of 134
Executive Summary 2
Page 3 of 3
• Policy CN-11 The City shall ensure that higher density development in Centers is either within
walking or biking distance of jobs, schools, and parks or is well-served by public transit.
Recommendations: Staff recommends that Council provide feedback and guidance to staff on the
proposed revised options for multifamily property tax exemption, and direct staff to prepare an
ordinance revising Chapter 3.48 accordingly.
Attachments: Revised and Clean Narratives in Chapter 3.48; Alternatives Maps; Transit Map.
Page 11 of 134
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Page 12 of 134
1
Revised Tax Exemption Criteria
Tax exemption areas are as shown on Figure 1: Alternative 1 in POMC 3.48. All development that is
proposed to qualify for tax exemption must meet the criteria of POMC 3.48, as well as all other
relevant City standards, including but not limited to the comprehensive plan, zoning, public works
standards, critical areas regulations and shoreline master program.
Type 1: Affordable Housing with Transit Access
- Location is limited to parcels within centers as designated in the comprehensive plan that are
zoned for multifamily (including mixed use) development within ¼ mile of a transit stop/ferry
terminal. For large properties, if more than 75% of the buildable portions of the property is
located more than ¼ mile from a transit stop or route, then the property should not be included
in the Type 1 MFTE map boundary. (It is likely not possible for a parcel to be split on a MFTE
map.)
- 12-year tax exemption is available.
- An affordable housing component is required:
A minimum of 20% of all units in the project shall be rented for at least 10% below fair
market rent for 12 years, to tenants whose household annual income** is:
• At or below 40% of median income, for housing units in congregate residences or
small efficiency dwelling units;
• At or below 65% of median income for one-bedroom units;
• At or below 75% of median income for two-bedroom units; and
• At or below 80% of median income for three-bedroom and larger units.
In 2020 dollars, these requirements would result in the maximum rental rates below:
Fair Market Rent*** Max Tax Exemption Rent*** Max Income
0 bedroom $844 $760 Up to $36,680
1 bedroom $1,003 $903 Up to $59,605
2 bedroom $1,296 $1,166 Up to $68,775
3 bedroom $1,833 $1,650 Up to $73,360
* Fair Market Rent is defined as “HUD’s best estimate of what a household seeking a modest rental home
in a short amount of time can expect to pay for rent and utilities in the current market.” – National Low
Income Housing Coalition 2019
**HUD 2020 Median Family Income for Bremerton-Silverdale Metropolitan Statistical Area: $91,700
Page 13 of 134
2
*** 2020 Fair Market Rent for the Bremerton-Silverdale MSA was obtained from HUD’s data portal:
https://www.huduser.gov/portal/datasets/fmr.html Since HUD’s fair market rent calculation also
includes utilities, the maximum rent that qualifies for tax exemption in this table also includes utilities.
Type 2: Redevelopment
- Location is limited to parcels within centers as designated in the comprehensive plan that
(1) have abandoned buildings (empty for more than 2 years); underutilized buildings (50%
vacancy for more than 2 years); or (2) contain existing structures and improvements with an
assessed building value to land value ratio of 2:1 or more.
- 8 year tax exemption is available.
- No affordable housing component is required.
Type 3: Mixed-Use Development, Structured Parking, TDR 8-year MFTE
- Location is limited parcels within any center as designated in the comprehensive plan.
- 8 year tax exemption is available.
- The proposed project shall provide one of the following:
- (1) The development shall provide at least 50% of the required parking for the
proposed use(s) in within the footprint of a building containing multifamily units, in
a multistory parking structure, or below grade and the project should achieve at
least 50 units per net developable acre (excluding critical areas and buffers and
other land that is undevelopable.
- (2) Construct mixed use shopfront building development (See POMC 20.32)
containing nonresidential/non parking garage square footage measuring at least
40% of the total building footprint square footage for all buildings on the site. The
nonresidential/non parking square footage may be in one or more buildings on the
site. Live-work units shall be considered as non-residential square footage for the
purpose of achieving the required 40% provided that the units are designed as
storefronts along a public street.
(3) Purchase additional height thought the TDR program (POMC 20.41) and construct (a)
building(s) that utilizes the additional height allowance.
Page 14 of 134
Tax Exemption Area Type 1 -
Multifamily Zoned Propertieswithin 1/4 mile of Transit
Ferry Terminal
City Limits
Zone
Business Professional Mixed Use (BPMU)
Commercial Corridor (CC)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Neighborhood Mixed Use (NMU)
Residential 3 (R3)
Residential 4 (R4)
Page 15 of 134
Tax Exemption Area Type 2 -
Developed Multifamily-ZonedParcels in Centers with Buildingto Land Value >= 2:1
Ferry Terminal
Bldg to Land Value >= 2:1
Centers
City Limits
Page 16 of 134
Tax Exemption Area Type 3 -
Undeveloped Multifamily-ZonedProperties in Centers within1/4 mile of Transit
Ferry Terminal
City Limits
Centers
Zone
Business Professional Mixed Use (BPMU)
Commercial Corridor (CC)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Neighborhood Mixed Use (NMU)
Residential 3 (R3)
Residential 4 (R4)
Page 17 of 134
S i n c l a i r I n l e t
0 1,250 2,500 3,750 5,000625
Feet
Date Saved: 8/2/2019 10:31:45 AM
±
All Centers and Tax Abatement Areas
Ferry Terminal
Transit Routes
Transit Stops
1/4 mile of transit stop
City Limits
Tax Abatement Areas
Revised Centers 2019
Annapolis
Bethel Lund
County Campus
Downtown
Lower Mile HIll
McCormick Woods
Old Clifton Ind Park
Sedgwick Bethel
Sedgwick Sidney
South Bethel
Tremont
Upper Mile Hill
Page 18 of 134
City of Port Orchard
Work Study Session Executive Summary
Issue Title: 2020 Comprehensive Plan Amendments
Meeting Date: June 16, 2020
Time Required: 15 minutes
Attendees: Nick Bond, Community Development Director
Issue: The City initiated and received several amendments to the Comprehensive Plan by the deadline
of January 31, 2020. The following amendments were approved to be placed on the docket by City Council:
City-Initiated Text Amendments
• Land Use Element. Table 1 of the Land Use Element in the Comprehensive Plan will be replaced
with an expanded table that addresses the range of possible maximum densities that are likely to
develop in each zone, and the anticipated development density in each zone.
• Utilities Element. The Sewer System Capital Improvement Plan list (Table 7-2 of the Utilities
Element) and the Water System Capital Improvement Plan list (Table 7-2 of the Utilities Element)
have been updated.
• Transportation Element. The existing Street Standard Classification Map in the Transportation
Element will be replaced by an updated map, consistent with the most recent street standards as
adopted by the City’s Public Works Department.
• 6-Year Transportation Improvement Program (TIP). The updated 2020 TIP will extend 6-year
funded transportation projects on the TIP to 2021-2026, and adopt a long-range (2027-2040)
unfunded TIP.
• Appendix B (Plans Adopted by Reference). The updates to the TIP have been updated in Appendix
B.
City-Initiated Map Amendments
City staff have noted that the zoning classifications of a number of parcels are inconsistent with their land
use designations on the City’s Land Use Map in the Comprehensive Plan. Staff have therefore proposed a
number of land use designation changes which will make the zoning and land use designations of these
parcels consistent.
Geiger Road LLC Text Amendment
The proposed text amendment, submitted by Geiger Road LLC, to Policy 2.7.5.7 in the Centers section of
the Land Use Element and the accompanying illustration, would increase the size of the Sedgwick Bethel
Countywide Center from 141 acres to 161 acres. This increase would include the addition of 20 acres to
the southern boundary of the center, south of Geiger Rd. The boundary currently bisects two 20-acre
parcels owned by Geiger Road LLC so that only the north half of these properties is included in the center.
Action Requested at this Meeting: Provide feedback to staff on the proposed 2020 Comprehensive
Plan amendments.
Page 19 of 134
Executive Summary 3
Page 2 of 2
The addition of the southern half of these properties would allow the entirety of Geiger Road LLC’s future
multifamily project (Glenmore Apartments, 320 units) to be included in the center.
Alternatives: Revise the proposed 2020 Comprehensive Plan amendments; do not revise the
Comprehensive Plan.
Relationship to Comprehensive Plan: Pursuant to RCW 36.70A.470 and 36.70A.106, the City may
annually adopt amendments to the City’s Comprehensive Plan.
Recommendations: Staff recommends that Council provide feedback to staff and consider the
ordinance revising the City’s Comprehensive Plan for adoption at the next regular Council meeting.
Attachments: Ordinance and Attached Amendments.
Page 20 of 134
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE COMPREHENSIVE PLAN UNDER THE STATE OF
WASHINGTON’S GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW;
ADOPTING AMENDMENTS TO THE LAND USE, UTILITIES AND
TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE PLAN;
ADOPTING AN AMENDMENT TO THE CITY’S SIX-YEAR TRANSPORTATION
IMPROVEMENT PROGRAM; ADOPTING AN AMENDMENT TO APPENDIX
B OF THE PORT ORCHARD COMPREHENSIVE PLAN; ADOPTING
AMENDMENTS TO THE CITY’S COMPREHENSIVE PLAN LAND USE MAP;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt a comprehensive plan that
outlines strategies to accommodate the needs of a growing population; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of
Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
comprehensive plan in June 2016, as required by the GMA; and
WHEREAS, the City may annually adopt amendments to the City’s Comprehensive Plan
pursuant to RCW 36.70A.470 and 36.70A.106; and
WHEREAS, the City initiated submittals for Comprehensive Plan amendments by the
required deadline date of January 31, 2020; and
WHEREAS, the amendment submittal proposes revisions and updates to the City’s
transportation improvement program (TIP), the Land Use, Utilities and Transportation Elements
of the Comprehensive Plan, Appendix B of the Comprehensive Plan, the Comprehensive Plan
Land Use Map; and
WHEREAS, on March 4, 2020, notice of the proposed amendments to the City’s
Comprehensive Plan was sent to the Washington State Department of Community, Trade, and
Economic Development at least sixty days before the amendments were adopted, in accordance
with RCW 36.70A.106; and
WHEREAS, on March 13, 2020, a SEPA Determination of Non-Significance was issued, and
Page 21 of 134
Ordinance No. ***
Page 2 of 4
provided to the public, agencies and other interested parties in accordance with the requirements
of POMC Chapter 20.04.080, and published in the newspaper and on the City website, and
emailed to the Washington Department of Ecology; and
WHEREAS, on May 22, 2020, a Notice of Hearing for a public hearing to be held by the
Planning Commission on the proposed 2020 Comprehensive Plan amendments was published in
the City’s newspaper of record, and the notice was provided to the public, agencies and other
interested parties in accordance with the requirements of POMC Chapter 20.04.080; and
WHEREAS, on June 2, 2019, the Planning Commission held a public hearing on the 2020
Comprehensive Plan amendments, and voted unanimously to recommended approval of the
amendments to City Council; and
WHEREAS, on June 16, 2020, the City Council held a public work-study meeting to review
the 2020 Comprehensive Plan amendments and consider the recommendation of the Planning
Commission; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. The City Council finds that the amendments adopted by this Ordinance are
consistent with the goals and policies of the City’s adopted 2016 Comprehensive Plan, and are
consistent with the state Growth Management Act and other applicable law.
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually or cumulatively, result in adverse effects to the public health, safety or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION 5. The City Council finds that the amendments adopted by this Ordinance
are consistent with the land uses and growth projects which were the basis of the adopted
Comprehensive Plan, are compatible with neighboring land uses and surrounding
neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities.
SECTION 6. In accordance with the above described Findings and Conclusions, the
City Council hereby amends the Port Orchard Comprehensive Plan by approving and adopting
the 2020 amendments to the Port Orchard Comprehensive Plan.
Page 22 of 134
Ordinance No. ***
Page 3 of 4
SECTION 7. If any sentence, section, provision, or clause of this Ordinance or its
application to any person, entity or circumstance is for any reason held invalid or
unconstitutional, the remainder of the Ordinance, or the application of the provision to other
persons, entities, or circumstances is not affected.
SECTION 8. This Ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the
entire Ordinance, as authorized by state 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 ***th day of June 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
ATTACHMENTS: 2020 Amendments to the Comprehensive Plan
Page 23 of 134
2020 City-Sponsored Text Amendments – Narrative
With the 2020 Comprehensive Plan amendments, the City proposes the following amendments to text
portions of the Plan:
• Land Use Element. The City proposes to replace the existing Table 1 of the Land Use Element in
the Comprehensive Plan with an expanded table that addresses the range of possible maximum
densities that are likely to develop in each zone, and the anticipated development density in
each zone for purposes of informing the County’s Buildable Lands Report. This additional
information will be used for the 2024 Comprehensive Plan update and subsequent updates.
Figure 2, Zoning and Land Use, have also been updated to reflect the City’s current zoning and
land use designation names.
• Utilities Element. City staff have gained supplementary information on the sewer facilities
required to adequately serve the Sidney/Sedgwick area (formerly known as the Joint Planning
Area or JPA), and have identified additional necessary sewer projects. These are identified as
Projects 5A, 5B, 5C, and 5D, and are intended to replace project 5 in the Sewer System Capital
Improvement Plan list (Table 7-2 of the Utilities Element). The City Public Works Department is
also in the process of updating the Water Comprehensive Plan. In anticipation of that plan’s
adoption, staff has prepared a Water System Capital Improvement Plan list which updates Table
7-2 of the Utilities Element. Table 7.3 has been updated to include the cost of stormwater
facility land acquisition and construction costs for the Bethel Sedgwick transportation
improvement project.
• Transportation Element. The existing Street Standard Classification Map in the Transportation
Element will be replaced by an updated map, consistent with the most recent street standards
as adopted by the City’s Public Works Department.
• 6 and 20 - Year Transportation Improvement Program (TIP). Each year, the City is required by
law to adopt an update to its 6-Year TIP. The update for 2020 will extend 6-year funded projects
on the TIP to 2021-2026. The 6-Year TIP is not part of the Comprehensive Plan, but is adopted
into the Plan by reference (see below). Additionally, the City has adopted its 2027-2040 long-
range TIP by reference as required for the collection of impact fees to fund these projects.
• Appendix B (Plans Adopted by Reference). Appendix B of the Comprehensive Plan provides a list
of related planning and policy documents that are adopted into the Plan by reference. The
updates to the TIP (both 6-year and 20-year) have been updated on Appendix B.
Page 24 of 134
15
9
6
2
5
55
8
.10.20.30.40.50.60.
Commercial
Greenbelt
High Density
Residential
Industrial
Low Density
Residential
Medium
Density
Residential
Public &
Community
Spaces
Land Use Designation By Percentage of Total Land
Page 25 of 134
0.83.72.82.07.00.78.00.42.30.04.72.24.935.117.72.05.5. 5. 10. 15. 20. 25. 30. 35. 40.BPMUCCCHCICMUDMUGBGMULINMUPFPRR1R2R3R4R6Zoning By Percentage of Total LandPage 26 of 134
Land Use Designations Uses Uses
Open Space / Conservation
Protection of critical areas, habitat management areas,
greenbelts and designated open space to allow low density
residential development.
Low Density Residential Single-family detached housing
Medium Density Residential Single-family detached and attached housing, apartment
buildings
High Density Residential Single Family Attached Housing, Apartment Buildings
Public and Community Spaces Government services, utilities, parks, schools and related
community facilities
Commercial Retail, office, mixed-use commercial/residential, and
professional services
Urban Industrial Manufacturing and assembly, bulk storage and
warehousing, transfer and trucking services.
Land Use Designations Uses Uses Corresponding Zoning
Range of Possible
Maximum Residential
Densities
Anticipated Residential
Development Density for
Buildable Lands Purposes.
Greenbelt
Protection of critical areas, habitat management areas,
greenbelts and designated open space to allow low density
residential development.Greenbelt (GB).5 dwelling units per net acre
Low Density Residential Single-family detached housing Residential 1 (R1)7.26-9.8 7 Units Per Acre
Medium Density Residential Single-family detached and attached housing, apartment
buildings
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
Residential 6 (R6)
7.9-9.8
9.8-21.7
9.8-26
9.8-17.4
7 Units Per Acre
10 Units Per Acre
16 Units Per Acre
8 Units Per Acre
High Density Residential Single Family Attached Housing, Apartment Buildings Residential 4 (R4), Residential 5 (R5)9.8-44 24 Units Per Acre
Civic and Open Space Government services, utilities, parks, schools and related
community facilities
Civic and Institutional (CI)
Parks and Recreation (PR)
Public Facilities (PF)
NA
NA
NA
NA
NA
NA
Commercial
Retail, office, mixed-use commercial/residential, and
professional services
Residential Mixed Use (RMU)
Neighborhood Mixed Use (NMU)
Business Professional Mixed Use (BPMU)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Commercial Corridor (CC)
Commercial Heavy (CH)
Industrial Flex (IF)
8-54
9.8-54
14.5-45
17-26
0-44
0-54
0-44
NA
0-45
16 Units Per Acre
16 Units Per Acre
8 Units Per Acre
16 Units Per Acre
24 Units Per Acre
20 Units Per Acre
4 Units Per Acre
NA
4 Units Per Acre
Urban Industrial Manufacturing and assembly, bulk storage and
warehousing, transfer and trucking services.
Light Industrial (LI)
Heavy Industrial (HI)
NA
NA
NA
NA
1This is non-binding except as it relates to assumptions for future growth in the Kitsap County Buildable Lands analysis.
Existing Table 1
Proposed Table 1
2020 REVISION TO COMPREHENSIVE PLAN LAND USE ELEMENT, TABLE ONE (LAND USE DESIGNATIONS)
Page 27 of 134
Project Description Cost Estimate Financing
1 Marina Pump Station 6,000,000 connection charges/rates
2 Bay Street Pump Station 1,300,000 connection charges/rates
3 McCormick Pump Station 2 3,200,000 connection charges
4 Eagle Crest Generator Set 300,000 rates
5 Albertson's Pump Station Upgrade
5A Bravo Terrace Lift Station and Force Main 5,000,000 connection charges
5B South Sidney Lift Station 1,500,000 connection charges
5C North Sidney Lift Station 1,500,000 connection charges
5D Sidney 2nd Force Main 1,537,500 connection charges
6 McCormick Woods Pump Station 3 1,000,000 developer
Total CIP 21,337,500
*Update of Table 7-1 of the City Comprehensive Plan
City of Port Orchard
Sewer System Capital Improvement Plan
Page 28 of 134
1/28/2020
Project Description Cost Estimate Financing
1 580 Zone Storage 1,000,000 developer
2A Well 13 Development & Treatment
2B Maple Street T & D Main
2C 390 to 260 Zone PRVs
3 Well 11 Development & Treatment 6,000,000 connection charges
4 580 ZoneTransmission & Distribution Main 945,000 developer
5 390 Zone Storage 3,000,000 connection charges/rates
6 Telemetry Upgrades 100,000 connection charges/rates
7 390 to 580 Zone Booster Station (Old Clifton)525,000 connection charges/rates
8 390 to 580 Zone Transmission Main (Old Clifton)1,325,000 conn. charge/rates
9 Well 12 Development & Treatment 6,000,000 connection charges
10 Melcher Pump Station Upgrade 500,000 rates
11 PRV Improvements per Hydraulic Model 350,000 connection charges/rates
12 390 to 580 Zone Booster Station (Glenwood)525,000 developer
13 390 to 580 Zone Transmission Main (Glenwood)2,750,000 developer
14 580 to 660 Zone Booster Station 500,000 developer
15 660 Zone Storage 1,000,000 developer
16 Well 7 Treatment/Pump Station Upgrades 500,000 rates
17 Main Replacements per Hydraulic Model 2,000,000 rates
18 Feasibility Study for Consolidation and Fluoridation 50,000 rates
19 Risk and Resiliency Study for AWIA 50,000 rates
20 Annual Main Replacement Program 500,000 rates
21 Annual Valve Replacement Program 80,000 rates
22 Annual Hydrant Replacement Program 50,000 rates
23 Foster Pilot Mitigation Projects 1,000,000 connection charges/rates
24 390 Reservoir Booster Station 600,000 connection charges
25 Well 10 Rehab, Activation, and Water Main 3,092,000 connection charges
Total CIP 38,442,000
*Update of Table 7-2 of the City Comprehensive Plan
6,000,000 connection charges/rates
City of Port Orchard
Water System Capital Improvement Plan
Page 29 of 134
Table 7-3
Planned Stormwater Facility Improvements
CIP
No. Project Opinion of Probable
Project Cost ($Million)
1 Ruby Creek Crossing/Shoulder Stabilization $0.1 M
2 West Street/Port Orchard Boulevard $1.0 M
3 City Decant Facility Retrofit $0.5 M
4 Annapolis Creek Box Culvert $0.3 M
5 Perry Avenue Storm Drainage $0.3 M
6 Prospect Alley Drainage and Outfall $0.5 M
7 Sidney Parkway/Waterfront Parking Outfall $1.0 M
8 Downtown Port Street Drainage Improvement Pre-
Design $0.5 M
9 High Point Shopping Center Drainage Improvement $0.8 M
10 Sidney Avenue Improvements $0.3 M
11 South Sidney Neighborhood Regional Drainage
Improvement $5.0 M
12 Rockwell Avenue Improvements $0.1 M
13 Cline Avenue Improvements $0.4 M
14 Hull Avenue Improvements $0.3 M
15 Bethel Sedgwick Corridor Stormwater Improvements $5.1 M
Formatted Table
Page 30 of 134
OLD CLIFTONSALMONBERRYMITCHELLRETSILLINCOLNOLNEYLUNDGLENWOODPORT ORCHARDSEDGWICKMILE HILLSEDGWICKLUNDJACKSONBETHELMILE HILLSIDNEYTREMONTPOTTERYBAYBAYSEDGWICKB E T H E L Port Orchard City LimitsPrincipal Arterial APrincipal Arterial BMinor Arterial A Minor Arterial B Minor Arterial CCollector ACollector BMcCormick WoodsLocal ASee Sedgwick and Bethel Corridor Study 0MilesCity of Port Orchard Street StandardStreet Standard Classification±BETHELBAYBEACH0.751.5LEGENDPage 31 of 134
City of Port Orchard Six-Year Transportation Improvement Program
For 2021-2026 TIER 1 (Reasonably Constrained)
Priority
Number
Road Name
Begin Termini
End Termini
Total
Project
Length
Total Est.
Cost
Spent Prior
to 2019 2019
Future
Expenditures 2021 2022 2023 2024 2025 2026
Phase
Start Year
Funding
Status Phase
Federal
Fund
Code Federal Funds
State
Fund
Code State Funds Local Funds
1.1
1,237,145 1,237,145 0 0 0 0 0 0 0 0 2005 S PE STP(U)1,082,502 154,643
2,201,655 2,201,655 0 0 0 0 0 0 0 0 2008 S ROW STP(U)1,926,448 275,207
6,708,153 3,000,000 3,708,153 0 0 0 0 0 0 0 2017 S CN 6,708,153
0.67 3,453,047 1,726,523 1,726,524 0 0 0 0 0 0 0 2017 S CN STP(U)3,021,416 431,631
Widen Tremont from two travel lanes to four travel
lanes with; median, sidewalks, bike lanes, street
lighting, Schedule 74 Undergrounding, (2)
roundabouts and stormwater improvements.
10,000,000 7,000,000 3,000,000 0 0 0 0 0 0 0 2017 S CN TIB/MVA 10,000,000
1.2
1.2 2,220,000 1,140,000 0 1,080,000 540,000 540,000 0 0 0 0 2013 S ROW STP(U)1,923,590 0 300,212
575,000 75,000 500,000 250,000 250,000 0 0 0 0 2018 P ROW 0 581,000
1.3
0.75 970,000 0 0 970,000 0 485,000 485,000 0 0 0 2021 P PE 0 0 970,000
1.4
0 258,000 200,000 0 58,000 0 58,000 0 0 0 0 2016 S PE 0 0 258,000
1,680,000 0 0 1,680,000 0 840,000 840,000 0 0 0 2021 P CN 0 TIB 1,213,000 525,000
1.5A
0.75 450,000 0 0 450,000 0 225,000 225,000 0 0 0 2021 P PE 0 0 450,000
1.5C
0 200,000 0 0 200,000 0 200,000 0 0 0 0 2021 P PE 0 0 200,000
1,800,000 2022 CN 1,800,000
1.6
1.2 650,000 530,000 120,000 0 0 0 0 0 0 0 2018 S CN 0 0 530,000 120,000
3,000,000 0 0 3,000,000 0 1,500,000 1,500,000 0 0 0 2021 S CN 0 Other 3,000,000 0
1.7
0.25 1,000,000 0 0 1,000,000 0 0 1,000,000 0 0 0 2022 P PE & ROW 0 0 1,000,000
1,000,000 0 0 1,000,000 0 0 0 1,000,000 0 0 2023 P CN 0 0 1,000,000
1.8
1.5 566,474 0 0 566,474 0 0 566,474 0 0 0 2022 P PL 490,000 0 76,474
1.9
0.95 500,000 0 0 500,000 250,000 250,000 0 0 0 2022 P PL 0 0 500,000
Total Capital Projects 36,669,474 17,035,323 8,629,677 11,004,474 1,040,000 4,348,000 6,416,474 1,000,000 0 0 8,443,956 14,743,000 15,350,320
Maintenance Projects Future Expenditur 2021 2022 2023 2024 2025
1.10
Includes patching, crack-sealing , striping, and other
activities
510,000 0 0 510,000 110,000 100,000 100,000 100,000 100,000 0 2020 S CN 510,000
1.11 *
Repair and replace concrete sidewalks and curb
ramps as identified in the program
810,000 0 0 810,000 90,000 180,000 180,000 180,000 180,000 0 2020 S CN 810,000
1.12 **
Pavement replacement projects as identified in the
pavement management system program
2,180,000 0 0 2,180,000 180,000 500,000 500,000 500,000 500,000 0 2020 S CN 2,180,000
1.13
Pavement resurfacing to complete the surfacing of
Tremont from SR-16 to the eastern city limits
Tremont St: Port
Orchard Blvd to Lund
bridge
0.5 500,000 0 0 500,000 0 500,000 0 0 0 0 2021 P PE,CN 500,000
4,000,000 0 0 4,000,000 380,000 1,280,000 780,000 780,000 780,000 0 0 0 4,000,000
*Per 2016 ADA transition plan: $180,000 annually over 20 years to comply on arterial streets.
**Per 2016 Pavement Management Analysis Report: $1.45 million annually to maintain network condition (PCI of 70), $500k to keep network PCI above 65 after 5 years.
Port Orchard Blvd
and Bay St: Ft Ferry
to Tremont
Sedgwick Rd. to
Berry Lake Rd.
Tremont Overlay
Total Maintenance Projects
Bay Street Pedestrian Pathway West
Annual Pavement Maintenance
Annual Sidewalk & ADA Upgrade Program
Annual Pavement Management System Paving Projects
Situational study
Sidney Road SW Design - 60%
Sidney Avenue is currently two lanes wide, it needs to
be widened to three lanes (additional TWTL) including
bike lanes, sidewalks, traffic calming, and stormwater
system improvements (COMPLETE STREET)
Vallair Ct Connector Bethel Road /
Walmart Drive
IntersectionRoad extension and intersection improvements
previously included in the Bethel Road Corridor ROW
& Construction project.
Old Clifton Rd Design - 60%Old Clifton Road:
Feigley to Anderson
Hill Road
Rodway Improvements identified in the McCormick
Urban Village Trans Plan. Design to 60% level.
Old Clifton Rd - Campus Parkway Intersection - 60%Old Clifton Road /
Campus Parkway
Intersection
Intersection Improvements (roundabout) identified in
the McCormick Urban Village Trans Plan. Design to
60% level.
Bay Street Pedestrian Pathway Construction (S#1, S#6-11)
The CN phase for the 14-ft Multi-Modal (bike & ped)
waterfront pathway/cantilevered retailing wall
following the historic Mosquito Fleet trail. Includes
the demolition/removal of (5) overwater structures.
Includes Seg #3 Ad Ready Doc Prep.
Bethel/Sedgwick Corridor Phase 1 - Design Bethel Road:
Salmonberry to
Blueberry. Ramsey
Road: Salmonberry
to Sedgwick
Design of the first phase of the street improvements
on Bethel Road per the Bethel/Sedgwick Corridor Plan
(2018). Includes improvements to Ramsey Road for
detour.
Anderson Hill/Old Clifton Rd Intersection Improvements Old Clifton Road /
Anderson Hill
Intersection
Intersection Improvements (roundabout) as identified
in the McCormick Urban Village Trans Plan and
partially funded by Bayside Mit Funds.
Project Title/Project Description
Capital Projects
Tremont St Widen./SR16 - Port Orchard Blvd. CN Phase Tremont Street:
SR16 to
Port Orchard Blvd.
Bay Street Ped. Pathway ROW Phase PO Shoreline:
Sidney Ave. Foot
Ferry to Annapolis
Foot Ferry
Add 14-ft Multi-Modal (bikes & pedestrians)
waterfront pathway & cantilevered retaining wall
following historic Mosquito Fleet trail and pedestrian
bridge across Black Jack Creek.
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City of Port Orchard Transportation Improvement Program (TIP)
For 2026-2039 TIER 2 (Unconstrained)
Priority
Number
Road Name
Begin Termini
End Termini
Total
Project
Length Total Est. Cost 2027-2032 2033-2040
Phase
Start
Year
Funding
Status Phase
Federal
Fund Code Federal Funds
State Fund
Code Federal Funds State Funds Local Funds
2.01 1 3,750,000 3,750,000 0 2026 P PE/RW STP(U)0 0 0 3,750,000
The design, permitting, right-of-way acquisition
and construction for this project with bike lanes,
storm drainage and sidewalks. (COMPLETE STREET)
6,750,000 6,750,000 0 2028 P CN STP(U)0 0 0 6,750,000
2.02 0.4 462,428 462,428 0 2026 P PE STP(U)400,000 0 0 62,428
The design, permitting and right-of-way acquisition
phase for this widening project with 3 lanes
(continuous TWTL), bike lanes, sidewalks and box
culvert across Blackjack Creek.)
693,642 693,642 0 2028 P RW STP(U)600,000 0 0 93,642
2.03 0.4 3,468,208 3,468,208 0 2028 P CN STP(U)3,000,000 0 0 468,208
The construction phase for this widening project
with 3 lanes (continuous TWTL), bike lanes,
sidewalks and box culvert across Blackjack Creek.)
2.04A.1
0.75 2,056,000 2,056,000 0 2026 P RW 0 0 0 2,056,000
9,124,000 9,124,000 0 2027 P CN 0 9,124,000 0 0
2.04A.2
Widen road to two travel lanes with bike lanes,
sidewalks and stormwater system improvements.
0.5 2,500,000 0 2,500,000 2026 P ALL 0 0 0 0
2.04B 1,110,000 1,110,000 0 2027 P PE 0 0 0 1,110,000
0.7 2,802,000 2,802,000 0 2028 P RW 0 0 0 2,802,000
12,757,000 12,757,000 0 2029 P CN 0 12,757,000 0 0
2.04C 422,000 422,000 0 2028 P PE 0 0 0 422,000
0.25 541,000 541,000 0 2029 P RW 0 0 0 541,000
4,859,000 4,859,000 0 2030 P CN 0 4,859,000 0 0
2.04D 616,000 0 616,000 2032 P PE 0 0 0 616,000
0.5 1,041,000 0 1,041,000 2033 P RW 0 0 0 1,041,000
7,087,000 0 7,087,000 2034 P CN 0 7,087,000 0 0
2.04E 720,000 0 720,000 2035 P PE 0 0 0 720,000
1.1 1,532,000 0 1,532,000 2036 P RW 0 0 0 1,532,000
8,283,000 0 8,283,000 2037 P CN 0 8,283,000 0 0
Bethel/Sedgwick Corridor Phase 5 - Design,
ROW and Construction
Bethel Road: Mile Hill
Drive to Lund
Design, ROW acquisition and construction of the
fifth phase of the street improvements per the
Bethel/Sedgwick Corridor Phase 3 - Design,
ROW and Construction
Bethel Road: Blueberry
to Sedgwick
Design, ROW acquisition and construction of the
third phase of the street improvements per the
Bethel/Sedgwick Corridor Plan (2018).
Bethel/Sedgwick Corridor Phase 4 - Design,
ROW and Construction
Bethel Road: Lund to
Salmonberry
Design, ROW acquisition and construction of the
fourth phase of the street improvements per the
Bethel/Sedgwick Corridor Plan (2018).
Bethel/Sedgwick Corridor Phase 2 - Design,
ROW and Construction
Sedgwick Road: SR-16
interchange to Bethel
Design, ROW acquisition and construction of the
second phase of the street improvements per the
Bethel/Sedgwick Corridor Plan (2018).
Project Title/Project Description
Capital Projects
Sidney Avenue (North of SR 16)Tremont Street to
Fireweed
Sedgwick Road West - Design, Permitting & ROW SR 16 Interchange to
Sidney Avenue
Sedgwick Road West - Construction SR 16 Interchange to
Sidney Avenue
Bethel/Sedgwick Corridor Phase 1 - ROW
and Construction
Bethel Road:
Salmonberry to
Blueberry.ROW acquisition and construction of the first
phase of the street improvements per the
Bethel/Sedgwick Corridor Plan (2018). Includes
improvements to Ramsey Road for detour per
2.04A.2 below.
Ramsey Road Widening Sedgwick Road to
Salmonberry Road
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Page 33 of 134
City of Port Orchard Transportation Improvement Program (TIP)
For 2026-2039 TIER 2 (Unconstrained)
Priority
Number
Road Name
Begin Termini
End Termini
Total
Project
Length Total Est. Cost 2027-2032 2033-2040
Phase
Start
Year
Funding
Status Phase
Federal
Fund Code Federal Funds
State Fund
Code Federal Funds State Funds Local FundsProject Title/Project Description
2.05
0.95 500,000 500,000 0 2027 P PE 0 0 0 500,000
5,761,850 5,761,850 0 2028 P CN STP(U)3,600,000 TIB 0 1,600,000 561,850
2.06
Widen road to two travel lanes with bike lanes,
sidewalks and stormwater system improvements.
0.22 1,600,000 1,600,000 0 2029 P ALL 0 0 0 1,600,000
2.07
Design and construction of shoulder widening,
street lighting, watermain extension and grade-
seperated Pedestrian Path as identified in the
McCormick Urban Village Trans Plan.
2.11 2,000,000 2,000,000 0 2031 P ALL 0 0 0 2,000,000
2.08
0 250,000 0 250,000 2032 P PE 0 0 0 250,000
750,000 0 750,000 2033 P CN 0 0 0 750,000
2.09
Melcher Street West is currently a narrow two-
lane road. The reconstruction would widen the
road to allow two safe travel lanes, bike lanes,
sidewalks and a stormwater system.
Melcher Street:
Pottery Avenue to
Sherman Avenue
0.4 600,000 0 600,000 2032 P ALL 0 0 0 750,000
2.10
Fireweed is currently a narrow two lane road. The
reconstruction would widen the road to allow for
safe travel lanes, bike lanes, sidewalks and a
stormwater system.
Fireweed Road:
Sidney Avenue to
South Flower Avenue
0.25 375,000 0 375,000 2035 P ALL 0 0 0 750,000
2.11
2.12
Sherman Avenue is currently a narrow two-lane
road. The reconstruction would widen the road to
allow two safe travel lanes, bike lanes, sidewalks
and a stormwater system.
0.35 525,000 0 525,000 2032 P ALL 0 0 0 750,000
2.13
1.1 809,250 0 809,250 2033 P PE STP(U)700,000 0 0 109,250
520,231 0 520,231 2035 P RW STP(U)450,000 0 0 70,231
7,225,434 0 7,225,434 2037 P CN STP(U)6,250,000 0 0 975,434
2.14
0.95 500,000 500,000 0 2026 P PE STP(U)432,500 67,500
750,000 750,000 0 2027 P RW STP(U)648,750 101,250
Tremont St Widening - Port Orchard Blvd (Ph. 2)Port Orchard Blvd.
Tremont Street to
Bay Street (SR166)
Construct roundabouts at Tremont Street/PO Blvd.
and Bay Street (SR166)/PO Blvd. and curb, gutter,
bike lanes, sidewalks, street lighting, storm
drainage and Schedule 74 Undergrounding.
Pottery Avenue Widening Tremont to SR16 Pottery Avenue
Tremont Street
SR 16 Overpass
Pottery is currently a two-lane road, it needs to be
widened to a four-lane road, with sidewalks, traffic
calming and upgrades to the stormwater system.
Melcher Street Widening
Fireweed Road Widening
Not used
Sherman Avenue Widening Sherman Avenue:
Fireweed Road to
Terminus at SR 16
Pottery Avenue Widening Pottery Avenue:
Tremont Place to
Melcher Street
Old Clifton Rd Shoulder & Pedestrian Improvements Old Clifton Road:
SR 16 Overpass to
Westerly City Limits
Old Clifton Rd & McCormick Woods Drive Intersection Old Clifton Rd/
McCormick Woods Dr.
Intersection
Design and construction of intersecion
(roundabout) improvements including street
lighting, as identified in the McCormick Urban
Village Trans Plan.
Bethel/Sedgwick Corridor Plan (2018).
Sidney Road SW Widening Sidney Road SW: SR
16 Overpass to
Sedgwick Road
Sidney Avenue is currently two lanes wide, it needs
to be widened to three lanes (additional TWTL)
including bike lanes, sidewalks, traffic calming, and
stormwater system improvements. (COMPLETE
STREET).
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Page 34 of 134
City of Port Orchard Transportation Improvement Program (TIP)
For 2026-2039 TIER 2 (Unconstrained)
Priority
Number
Road Name
Begin Termini
End Termini
Total
Project
Length Total Est. Cost 2027-2032 2033-2040
Phase
Start
Year
Funding
Status Phase
Federal
Fund Code Federal Funds
State Fund
Code Federal Funds State Funds Local FundsProject Title/Project Description
2,950,000 2,950,000 0 2028 P CN STP(U)2,292,250 0 0 657,750
2.15 0 0 0 0 0 0 0 0
Intersection Improvement by Kitsap County
2.16
Widen road to two travel lanes with bike lanes,
sidewalks and stormwater system improvements.
0.4 600,000 0 600,000 2032 P ALL 0 0 0 0
2.17
Widen road to two travel lanes with bike lanes,
sidewalks and stormwater system improvements.
0.25 375,000 0 375,000 2032 P ALL 0 0 0 0
2.18
Widen road to two travel lanes with bike lanes,
sidewalks and stormwater system improvements.
0.15 225,000 0 225,000 2032 P ALL 0 0 0 0
2.19
Provide an extetion of Piperberry from Ramsey to
Geiger and a new street connection to the
proposed round about on Sedgwick.
0.25 575,000 0 575,000 2034 P ALL 0 0 0 0
2.20
Complete streets improvemets indentified in the
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A 60% DN.
0.5 1,155,000 1,155,000 0 2026 P ALL 0 0 0 0
2.21
Complete streets improvemets indentified in the
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A
0 2,800,000 0 2,800,000 2039 P ALL 0 0 0 0
2.22
Continuation of project following study in 1.8 0 4,000,000 4,000,000 0 2030 P ALL 0 0 0 0
2.23
Complete streets improvemets indentified in the
McCormicks Urban Village Transportation Plan.
Continuation of 1.5A 60% DN.
0.25 595,000 0 595,000 2040 P ALL 0 0 0 0
2.24
Complete roadway connnection 0 800,000 0 800,000 2040 P ALL 0 0 0 0
97,466,043 62,857,128 34,608,915 18,373,500 42,110,000 1,600,000 31,857,543
2.20
0.13 200,000 0 0 P ALL 200,000
Old Clifton & Feilgly Intersection Feigly intersection
Bay Street Pathway - West Tremont to Footferry
Total Tier 2 Capital Projects
Maintenance Project
Cline Avenue Repairs
Replace sidewalk and parking strip.Cline Avenue:
Walmart to Salmonberry Connector Salmonberry
Old Clifton Road Feigly Rd. to Campus
Parkway.
Salmonberry Road Widening Ramsey Road to Bethel
Road
Piperberry Way Extention Geiger Road to Ramsey
Road
Old Clifton Road Campus Parkway to
McCormick Woods Dr.
Old Clifton Berry Lake Road Intersection
Blueberry Road Widening Geiger Road to Bethel
Road
Geiger Road Widening Sedgwick Road to
Blueberry Road
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Page 35 of 134
City of Port Orchard Transportation Improvement Program (TIP)
For 2026-2039 TIER 2 (Unconstrained)
Priority
Number
Road Name
Begin Termini
End Termini
Total
Project
Length Total Est. Cost 2027-2032 2033-2040
Phase
Start
Year
Funding
Status Phase
Federal
Fund Code Federal Funds
State Fund
Code Federal Funds State Funds Local FundsProject Title/Project Description
200,000 0 0 0 0 0 200,000Total Tier 2 Maintenance Projects
Kitsap Street to
Dwight Street
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Page 36 of 134
Appendix B: Plans Adopted by Reference
Appendix B-1 Port Orchard Comprehensive Plan Adopted: June 2016 Revised: June 2020
PLAN OR DOCUMENT
South Kitsap School District 2014-2019 Capital Facilities Plan
West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital Facilities Plan
West Sound Utility District 2007 Sewer Plan
West Sound Utility District 2013 Water Plan
Kitsap County 2003 South Kitsap UGA/ULID#6 Sub-Area Plan & EIS
Kitsap County 2012 Port Orchard/South Kitsap Sub-Area Plan
2016 Kitsap County Comprehensive Plan 10-Year Update
City of Port Orchard 1987 Blackjack Creek Comprehensive Management Plan
City of Port Orchard 1994 Ross Creek Comprehensive Management Plan
City of Port Orchard 2005 Economic Development Plan
City of Port Orchard 2010 McCormick Village Park Plan
City of Port Orchard 2012 Shoreline Master Program
City of Port Orchard 2013 Public Art Program
City of Port Orchard 2014 – 2020 Capital Facilities Plan
City of Port Orchard 2015 Water System Plan
City of Port Orchard 2015 Comprehensive Sanitary Sewer Plan Update
City of Port Orchard 2016 Transportation Plan Update
City of Port Orchard 2016 Comprehensive Parks Plan
City of Port Orchard 2016 Transportation Impact Fee Project List
City of Port Orchard 2020-2025/2026-2039 2021-2026/2027-2040 – 6 Year/20 Year
Transportation Improvement Plan
City of Port Orchard Bethel/Sedgwick Corridor Plan and Appendices A-F
Page 37 of 134
2020 City-Sponsored Map Amendments – Narrative
In 2017, the City adopted new zoning classifications that replaced those previously shown on the
adopted City Zoning Map. When preparing the new Zoning Map, the City also took the opportunity to
make corresponding changes on the Comprehensive Plan’s Land Use Map for certain properties, which
more closely corresponded to the revised zoning, existing and adjacent development, intended land
uses and site conditions (including the presence of critical areas).
City staff noted that during this update of both the Zoning Map and the Land Use Map, the land use
designation of some parcels was overlooked, and they did not receive the correct land use designation
to correspond with their new zoning, and as such the Comp Plan/Zoning maps are inconsistent. To
resolve these errors, staff have proposed a number of Land Use Map changes which will make the
zoning and land use designations of these parcels consistent. Although the City is the applicant for these
revisions, all property owners will be notified of the amendment application.
No development is proposed or associated with these map amendments.
Page 38 of 134
ATTACHMENT A
2020 City-Sponsored Comp Plan/Zoning Cleanup Amendment
List of Affected Properties
No. Name/Use Parcel No. Address Zoning* Current Comp Plan* Proposed Comp Plan*
1
1 Christian Life Center 4526-000-012-0102 1780 SE Lincoln Ave CI LDR PCS
« 362401-3-015-2002 « « « «
« 362401-3-042-2009 « « « «
« 362401-3-043-2008 « « « «
« 362401-3-044-2007 « « « «
2 SK Blvd Detention Pond 342401-4-079-2005 466 South Kitsap Blvd PF GB PCS
3 Bethany Lutheran Church 4038-001-004-0101 151 Tremont St CI MDR PCS
4 Forest Park Convenience Mart 4054-007-019-0001 500 South St NMU MDR C
5 St. Gabriel Catholic Church 362401-2-041-2002 1150 Mitchell Ave CI HDR PCS
6 Armory Building 362401-1-014-2007 1950 SE Mile Hill Dr PF C PCS
Page 39 of 134
ATTACHMENT A
2020 City-Sponsored Comp Plan/Zoning Cleanup Amendment
List of Affected Properties
No. Name/Use Parcel No. Address Zoning* Current Comp Plan* Proposed Comp Plan*
2
7 Mitchell Park 252401-3-035-2001 N/A PR HDR PCS
8 United Methodist Church 4650-015-011-0000 711 Kitsap St CI MDR CI
“ 4650-015-012-0009 “ “ “ “
“ 4650-015-013-0008 “ “ “ “
“ 4650-015-014-0007 “ “ “ “
9 Port Warehouse Property 4055-010-001-0301 551 Bay St PF C PCS
10 Waterfront Park 4028-001-011-0005 N/A PR C PCS
“ 4028-001-001-0007 “ “ “ “
“ 4053-016-001-0003 “ “ “ “
“ 4053-016-004-0000 “ “ “ “
“ 4053-015-002-0004 “ “ “ “
“ 4053-015-001-0005 1001 Bay St “ “ “
“ 4053-015-002-0004 N/A “ “ “
“ 4053-015-003-0003 “ “ “ “
Page 40 of 134
ATTACHMENT A
2020 City-Sponsored Comp Plan/Zoning Cleanup Amendment
List of Affected Properties
No. Name/Use Parcel No. Address Zoning* Current Comp Plan* Proposed Comp Plan*
3
Waterfront Park (contd) 4053-014-008-0008 “ “ “ “
“ 4053-015-005-0001 “ “ “ “
“ 4053-015-006-0000 “ “ “ “
“ 4053-015-007-0009 “ “ “ “
“ 4053-015-010-0004 “ “ “ “
“ 4053-016-007-0007 “ “ “ “
11 Rockwell Park 4063-001-001-0201 1101 Bay St PR C PCS
12 Laureen Walton (SFR) 352401-2-037-2009 240 Melcher St W GB/R2 MDR GB/MDR
13 Kitsap County General 262401-4-024-2001 715 Sidney Ave NMU MDR C
“ 4064-000-001-0004 717 Sidney Ave “ “ “
14 Christine Stansberry (SFR) 242601-4-023-2002 812 Ada St NMU MDR C
Page 41 of 134
ATTACHMENT A
2020 City-Sponsored Comp Plan/Zoning Cleanup Amendment
List of Affected Properties
No. Name/Use Parcel No. Address Zoning* Current Comp Plan* Proposed Comp Plan*
4
15 Shahbaz & Elizabeth Naftchi 4064-000-002-0003 719 Sidney Ave NMU MDR C
(SFR) “ 262401-4-026-2009 807 Sidney Ave NMU MDR C
16 Hillside Professional Bldg 4650-001-011-0109 569 Division St R2 MDR C/BPMU Zoning
Page 42 of 134
5
* Legend:
C = Commercial NMU = Neighborhood Mixed Use PF = Public Facilities
CI = Civic & Institutional MDR = Medium Density Residential PR = Parks & Recreation
GB = Greenbelt PCS = Public & Community Services R2 = Residential 2
Page 43 of 134
Comments
January 6, 2020Printed
Parcel No: 362401-3-044-2007 TaxPayer: CHRISTIAN LIFE CENTER INC Site Address: 2915 MITCHELL RD SE
No. 1 - Christian Life Center
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 44 of 134
Comments
January 6, 2020Printed
Parcel No: 342401-4-079-2005 TaxPayer: SOUTH KITSAP BLVD DET POND Site Address: 446 SOUTH KITSAP BLVD
No. 2 - SK Blvd Detention Pond
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 45 of 134
Comments
January 6, 2020Printed
Parcel No: 4038-001-004-0101 TaxPayer: BETHANY LUTHERAN CHURCH Site Address: 151 TREMONT ST W
No. 3 - Bethany Lutheran Church
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 400 feetMap Scale: Page 46 of 134
Comments
January 6, 2020Printed
Parcel No: 4054-007-019-0001 TaxPayer: ALI KHALID ABDULWALI Site Address: 500 SOUTH ST
No. 4 - Forest Park Convenience Mart
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 47 of 134
Comments
January 6, 2020Printed
Parcel No: 362401-2-041-2002 TaxPayer: CORP OF CATHOLIC ARCHBISHOP Site Address: 1150 MITCHELL AVE
No. 5 - St. Gabriel Catholic Church
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 48 of 134
Comments
January 6, 2020Printed
Parcel No: 362401-1-014-2007 TaxPayer: STATE AGENCY LANDS Site Address: MULTIPLE ADDRESSES ON FILE
No. 6 - Armory Building
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 49 of 134
Comments
January 6, 2020Printed
Parcel No: 252401-3-035-2001 TaxPayer: MITCHELL PARK Site Address: NO ADDRESS FOUND
No. 8 - Mitchell Park
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 60 feetMap Scale: Page 50 of 134
Comments
January 6, 2020Printed
Parcel No: 4650-015-014-0007 TaxPayer: UNITED METHODIST CHURCH OF Site Address: NO ADDRESS FOUND
No. 9 - United Methodist Church
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 51 of 134
Comments
January 6, 2020Printed
Parcel No: 4055-010-001-0301 TaxPayer: PORT OF BREMERTON Site Address: 551 BAY ST
No. 10 - Port Warehouse Property
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 52 of 134
Comments
January 6, 2020Printed
Parcel No: 4053-015-008-0008 TaxPayer: PORT OF BREMERTON Site Address: NO ADDRESS FOUND
No. 11 - Waterfront Park
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 400 feetMap Scale: Page 53 of 134
Comments
January 6, 2020Printed
Parcel No: 4063-001-001-0201 TaxPayer: CITY OF PORT ORCHARD Site Address: 1101 BAY ST
No. 12 - Rockwell Park
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 54 of 134
Comments
January 6, 2020Printed
Parcel No: 352401-2-037-2009 TaxPayer: WALTON LAUREEN E Site Address: 240 MELCHER ST W
No. 12 - Laureen Walton Property
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 200 feetMap Scale: Page 55 of 134
Comments
January 6, 2020Printed
Parcel No: 4064-000-001-0004 TaxPayer: KITSAP COUNTY GENERAL Site Address: 717 SIDNEY AVE
No. 14 - Kitsap County General Store
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 56 of 134
Comments
January 6, 2020Printed
Parcel No: 262401-4-023-2002 TaxPayer: STANSBERRY CHRISTINE Site Address: 812 ADA ST
No. 15 - Christine Stansberry Property
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 57 of 134
Comments
January 6, 2020Printed
Parcel No: 4064-000-002-0003 TaxPayer: NAFTCHI SHAHBAZ & ELIZABETH Site Address: 719 SIDNEY AVE
No. 16 - Shahbaz/Naftchi Property
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 58 of 134
Comments
January 6, 2020Printed
Parcel No: 4650-001-011-0109 TaxPayer: PORT ORCHARD DEV LLC Site Address: 569 DIVISION ST
No. 17 - Hillside Professional Building
Kitsap Co. Parcel Search Application** This map is not a substitue for field survey **1 inch = 100 feetMap Scale: Page 59 of 134
leJiiw;cL ?ua"^tt- (16t'ls lz-':
)/ The proposed text amendment would increase the.€etheltund Countywide Center area from
\41,, il!)l('sg7ss" to "1ilf acres". The current southern boundary of this Center bisects (does not
, [l'\ \ '" rorrJHr\o',fffiit."lft*"Sff. 20 acre parcels. The proposed addition of the southern half (two 10
ff:}H#ffi Hiffi#?r:ffi T#l
q / L ",
Project Narrative
RECEIVED
PERMIT CENTER
JAN 3 1 2020
CIW OF PORT ORCHARD
COMMUNITY DEVELOPMENT
!%
acre sections, total of 20 additional acres) of our
future multi family project to be included within
purple line in the drawing below shows the current boundary and the change in text f rom ".L*+' lq I
acres" to "1.?{acres" would allow the boundary to follow our parcel lines, which is shown in (16 z_fu /zc>
oranse oewdf..l
lL'\'{
1
LU2O-CPA TEXT-O'.
Page 60 of 134
Crrv or Ponr Oncnano
Permit Center
Office located at 72o Prospect Street
Mailing address: z16 Prospect Street
Port Orchard, WA 98966
(g6o) 8Z+-SSS3 . permitcenter@cityofportorchard.us
TtECEIVEL
PERMIT CENTER
iAN 3 1 2020
CITY OF PORT ORCHARD
COMMUNIW DEVELOPMENT
GOMPREHENSME PI-AT{ AMENDMENT
FEES:$1,87s.00
$500.00
$10.00
$300.00
$+o.zo
$250.00
Comp Plan Map Amendment:
(with or without Rezone)
Comp Plan Text Amendment:
Technology fee:
SEPA Review:
Public Notice sign fee" (each):
Fire District Review fee:
Total Due with Submittal:
Received by:
Receipt #:
Fite #: _LU2O-CPA TEXT-o!
$ 760.00
*Public Nolrbe sign fee only required for Map Amendment
INCOMPLETE APPLICATION WILL NOT BE ACCEPTED.
This proposed amendment is for Comprehensive Plan section 5.1 b
TYPE OF COMPREHENSIVE PLAN AiiENDMENT: {checkthe boxthat appties)
d fot a Comprehensive Ptan Text Amend menl: (Complete information betow)
Provide a brief description of your proposal:In the second to last sentence,change
r!lli-+€+€€:' to tt 134_icre.,str.
l\{ 6..ds \ta\ z.c"<.s
l'4
EI For a Comprehensive Plan Map Amendment: (se/ecf) tr with Rezone E without Rezone
( Co mpl ete i nfo rmation be low)
General location of property and/or address:
Location: Section(s Township Range
Current Zoning Proposed Zoning:
Current Comp Plan Designation:Proposed Comp Plan Designation:
Proposed Use of the Property:
Submittal requirements are listed on page 2.
1
Form 0O2 Comprehensive Plan Amendment Application (3/09118)
Page 61 of 134
Fi,e#LUaO-CPA TEXT-otr
[LULI V LL/
PERMIT CENTER.
SUBi'ITTAL REQUIREMENTS JAN 3 1 2O2O
This application shall include the following, unless specifically waived by DCD: CIT, OF
'ORT
ORCHARD(Check the box for each item included with this application) COMMUNIT' DEVELO'MENTtr THE MASTER PERMIT APPLICATION FORM with originalsignature(s).
One Master covers all applications that are included with this submiftal. No additional copias are required.
tr SEVEN copies of the completed Comprehensive Plan Amendment application form: This includes the
original plus six (6) copies.
n SEVEN copies of the letter sent by DCD after the Pre-Application meeting, if there was one.
tr SEVEN copies of a project narrative with a detailed explanation of why the proposed text or map
amendment is necessary andlor desirable for the community, and how, if a map amendment, the
proposed use fits in with the uses permitted in the surrounding zone. The narrative must include a
statement addressing the decision criteria listed in POMC 20.04.U0(2), as applicable to either a text
or map amendment.
tr A SEPA Checklist Submittal: (use Form 012 for complete submittal requirements.)
tr A SEPA Checklist Supplemental Sheet D Submittal'. (use Form 013 for complete submiftal
requirements).
tr ONE Electronic copy of all submitted docurnents, in high resolution Adobe PDF format, including the
items listed below, as applicable. The decision criteria statement for either a text amendment or a
map amendment must be in Microsoft Word format.
lf application is for a Map Amendment, also include:
D SEVEN plan sets total:
THREE sets: 18" x 24" or larger, and FOUR sets: 1 1" x 17', with north arrow and map scale, showing:tr Existing natural features, including critical areas and buffers.tr Existing and proposed grades.tr Existing and proposed uses and improvements, including utilities, easements, structures, ac@ss
and parking.
n SEVEN copies of a vicinity map, 8 /2" x 1'l'or larger, with site clearly marked, shown in relation to
the nearest major streets, roads and watenarays in the area, and identifying the zoning of the
sunounding property.
n SEVEN copies of complete legal description of the property, including tax parcel number(s).
D SEVEN copies of a list of other permits that are or may be required for development of the property
(issued by the City or by other government agencies), insofar as they are known to the applicant.
tr To verify water and sewer availability and transportation capacity, submit one of the following options:
(Check the box that applies to your project and include the documentation with this submiftal)
D 1. Capacity Reservation Certificate (CRC) application for Water, Sewer and Transportation.
Use CRC Application form for submittal requirements.
D 2. Water and/or Sewer availability letters issued by the appropriate Utility District, or Building
Clearance Approval from the Health District and # 1. above for Transportation.
Other documentation may be required in addition to what is listed above.
Form 0O2 Comprehensive Plan Amendment Application l3.ftsl!.E)
2
Page 62 of 134
RECEIVED
PERMIT CENTFR
JAN g | 20?0
, .3i,il.R[i?sL,$3Bt iR,
MASTER PERMIT APPLICATION FORM
For Title 20 permit types. Check the boxes on page 2tor all permits applied for at this time.
CrrvoF PoRT Oncrrann
Permit Center
AN INCOMPLETE APPLICATION WILL NOT BE ACCEPTED
1. PROJECT INFORMATION:
Project Name: Glenmora Apartments Parcel Size:43.9 Acres
Site Address/ Loeation:5074 Geiger Rd, Port Orchard, WA 98367
rax Parcel Number(s):112301-1-023-20-06, 4800-000-024-01-05, & 4800-000-025-00-05
Existing Use of Property:! acant Lancl
Project Description / Scope of Work: 320+l- unit garden-style apartment complex.
List any permits or decisions previously obtained for this prolect:None
ls your project served by public water and/or pubtic sanitary sewer systems? Ey"" E ruo
lf yes: Sewer Provider:City of Port Orchard Water Provider:Citv of Port Orch rd
lf no: Kitsap Public Health District approval documentation must be submitted with this application.
Is the project within the floodplain?[Yes Z tto ts the project within 200'of the shoreline?[Yes E tlo
Zoning Designation: R4 I Overtay District Designation: -
These surface waterbodies are on or adjacent to the property: (check allthat appty)
flsaltwater ECreek fleond flWeflano fiNone
Does the project include new construction within 200' of a geologically hazardous area? [Yes Z tto
Was there a Pre-Application meeting with Staff for this projectZ fl wo [Yes: date
2. WATER. SEWER. AND TRANSPORTATION CAPACITY VERIFICATION.
Check the box below that applies:
n Concurrency is not required. This permit type is exempt per POMC 20.180.004(1)(a - t).
List the code reference lefter (a - t) and the permit type:
An application for a Capacity Reservation Certificate (CRC) for water, sewer and transportation is included
with this submission.
A previously issued and unexpired city-issued CRC for Water, Sewer, and Transportation is included with this
submission. (Provide two copies.)
n A combination of documents which in total verifies and/or is an application for water, sewer, and transportation
capacity is included with this submission: (Check all document types that apply.)
ECitV document(s) Efro, other Utility District(s) Efro, the Health District
n Demolition of an existing building or termination of previous use was within the last five years. There is no net
impact increase by the proposed new structure or land use on city's water, sewer, or road facilities.
(A copy of the Demolition permit or prior use records are required.)
Master Permit Application Form (10/18/19)Page 1 of 3
LU2O-CPA TEXT-OI.
ffi
tr
n
Page 63 of 134
fl Final Plat
Land Use I Planning:
fl Accessory Dwelling Unit flshoreline (check all that apply):
fl Adm inistrative I nterpretation fl finat Plat, Alteration fl Substantial Development, Hearing
I einOing Site Plan, Preliminary fl finat Plat, Vacation n Substantial Development, Admin.
fl AinOing Site Plan, Alteration of Prelim. I Non-conforming Use IConditional Use Permit, Hearing
I SinOing Site Plan, Final IPreliminary Plat IConditional Use Permit, Admin.
fl ainOing Site Plan, Alteration of Final fl Preliminary Plat, Minor Modifications flVariance, Hearing
I AinOing Site Plan, Vacation of Final I Preliminary Plat, Major Modifications fl Sfrort Plat, Preliminary
fl Boundary Line Adjustment fl Pre-submittal Design Review ftSnort Plat, Alteration to preliminary
fl Comprehensive Plan Map Amend. I Rezone flSnort Plat, Final
flComprehensivePlanTextAmend. flSeee ISnort Plat, Alteration of Final
I Conditional Use Permit I Shoreline Exemption ISnort Plat, Vacation of Final
flCriticat Areas Review flSign (Land use regutations)flTemporary Use Permit
fl Oesign Review Board Project Review fl Sign, Master Sign Plan flTemporary Use Permit Extension
fl Development Agreement E sign Variance E Vrri"n"", Administrative
I Statement of Restrictions IVariance, Hearing
Public Works:
ECapacity Reservation Certificate flnighfot-Way Permit fltree Cutting Permit (Minor LDAP)
EUnO Disturbing Activity Permit, Major Estormwater Drainage permit ilVariation from Engineering Standards
ElanO Disturbing Activity Permit, Minor Estreet Use Permit EW"t", and/or Sewer Connection
fl Commercial, New building / Addition fl Demolition fl Residential Plumbing
fl Commercial, Alteration / Repairs E Manufactured Home E Residential Mechanical
fl Commercial Tenant lmprovement fl fr,lutti-tamity (3 units or more)IRe-roof
ICommercial Plumbing flResidential, New ff Sign (Construction of)
I Residential, Addition i Alteration ISiOing, Windows and/or Doors
flfire Sprinkler IFireworks Display flstandpipe System
I Commercial Mechanical
Fire Code:
flFire Alarm IFireworks Sales fiTemporary Tent / Membrane Structure
ftfire Suppression System IHign Pite Storage fifanf lnstall i Decommission
ress Requesl Development Permit Plan Checklist
UOesign Standards Departure Request ERoaO Name Request
ilother: (lrs9
Master Permit Application Form (10/18/19)Page 2 of 3
3. PERMIT TYPES. Check all types that you are applying for at this time.
Building:
Other:
Page 64 of 134
4. CONTACT INFORMATION. Use additional sheefs if needed to list more contacts.
Applicant (Company and contact name)Geiger Road LLC
Relationship to the PropertyrflOwner IAuthorized agent
Mailing Address (street, city, state, zip).4280 SE Mile Hill Dr Suite 200, Port Orcha rd, wA 98366
360 710-4353 E-mai!:Lskvinsland@gmail.com
Property Owner (if different than
Mailing Address (street, city, state, zip)
Phone:E-mail:
Engineer (Company and contact name)i
Mailing Address (strcet, city, state,zp):
Phone: E-mail:
Note: Both the Surveyor and the Engineer must be listed for plats.
Surveyor (Company and contact
Mailing Address (street, city, state,
Contractor:Contact Name:
Phone:E-mail:
Contractor's Mailing Address:
Contractor's License/Registration #;Expiration Date:
city Business License:IYes Itto (Appty online at: bls.dor.wa.gov) Revenue Tax# (UBl)
I certify that the contracto(s) (general or specialty) who will perform any of the services for which this
Washington, Department of Labor & lndustries, in compliance with chapter 18.27 RCW (law of 1963)
permit is issued, is registered with the State of
under certificate number.
Applicant initial here
Authgrized Aqgnt Siqnature: The Authorized Agent, either the Propefi Owner or the Applicant as listed above, is the primary contact
for all project-related questions and conespondence. The Permit Center will email or call the Authorized Agent with requests and/or
information about the application. The Authorized Agent is responsible for communicating information to all parties involved with the
application. lt is the responsibility of the Authorized Agent to ensure their contact information is accurate and that their email account
accepts email from the Permit Center.
I affirm that all answers, statements, and information submitted with this application are correct to the best of my knowledge.
OWNERoTAGENT: DATE:
r'
PRINT NAME:
Prooertv Owner Sionature (select one):
The legal owner of the property is submitting this application, acting as the AgenUContact for this Prolect.
Sign and date below.
The legal owner of the property authorizes the Applicant to act on his/her behalf as the AgenUContact for this Project.
Sign and date below, or submit a separate signed and dated authorization letter with this application.
By signing this application and applying for apprcvals under Port Orchard Municipal Code Titte 20, the property owner hereby permits
free access fo the to the to agencies with juisdiction consideing the proposal for the period of time
extending from action.
OWNER:
pRtNT NAME: Lars Kvinsland
il
Master Permit Application Form (10/18/19)
the time of
Page 3 of 3
Phone: E+nail:
D^rE.u28t2020
Page 65 of 134
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Page 66 of 134
City of Port Orchard
Work Study Session Executive Summary
Issue Title: Revisions to Residential Design Standards – Chapters 20.32.020, 20.32.40 and 20.122.060
Meeting Date: June 16, 2020
Time Required: 20 minutes
Attendees: Nick Bond, Community Development Director
Issue: In November 2019 the City received a request from McCormick Communities and Quadrant
Homes, requesting that the City revise certain residential design requirements in Title 20 POMC to
better align with Quadrant’s standard housing designs. The Planning Commission reviewed the requests
and agreed that most of them could be accommodated in revised design standards code language.
These revisions, as presented in the attached ordinance and discussed below, address the following
issues:
1. Elevation requirements for detached houses on sloping lots or lots below adjacent right-of-way
(POMC 20.32.020);
2. Location of primary access to a detached house (POMC 20.32.020);
3. Allowing “carriage units” in cottage court developments (POMC 20.32.040);
4. Amending requirements for front porches (POMC 20.122.060).
Item 1 – Elevation requirements. At present, the code requires that the ground floor of a detached
house must be elevated at least two feet above the adjacent grade. This presents difficulty for the many
lots in Port Orchard that have significant slope and/or lots that are lower than an adjacent roadway. As a
compromise to retain the privacy and aesthetic design appeal of a ground floor that is elevated from the
street level, staff and the Planning Commission agreed on a code revision to require only those portions
of the house structure within 15 feet of the interior edge of the rights-of-way for the primary or side
street to meet the 2-foot elevation requirement.
Item 2 – Primary access location. McCormick/Quadrant felt that the current code requirement that the
primary access for a detached house be located facing the primary street was too restrictive, and
prevented the development of efficient, side-entry homes on narrower lots. The developer provided
examples of side-entry homes on both corner and interior lots. Staff and the Planning Commission
agreed that this option could provide a wider variety of housing options and price ranges within a
development.
Action Requested at this Meeting: Provide feedback to staff on the proposed amendments to POMC
Chapters 20.32.020, 20.32.40 and 20.122.060, and other actions requested by McCormick
Communities and Quadrant Homes.
Page 67 of 134
Executive Summary
Page 2 of 4
Item 3 – Carriage units. McCormick/Quadrant requested that the City add this housing type (units built
above a detached garage structure) to the approved cottage court configuration. Previously, the code
had not addressed units above garages. Staff and the Planning Commission agreed that this option could
provide an additional housing option within a cottage court development and make more efficient use
of the site. Provisions were also added to limit the size of garage/carriage unit buildings to ensure that
they retain their accessory nature and appearance.
Item 4 – Front porch requirements. The code currently requires that detached homes have a front
porch at least six feet deep, not including the steps. McCormick/Quadrant asked for flexibility on this
requirement, so that a portion of the porch could be less than six feet deep, and additional usable
indoor space could be provided in a front room. Staff and the Planning Commission agreed to this
request, provided that the front door is recessed at least six feet so that the main entry retains a
welcoming, attractive appearance.
The Planning Commission held a hearing on the revised design standards as presented in the attached
ordinance on June 2, 2020, and voted to recommend approval of the ordinance to City Council.
McCormick/Quadrant had originally requested that the minimum lot width for three car garages be
reduced from 74 feet to 60 feet. Although the Planning Commission decided not to recommend approval
for any lot width reduction, staff feels that the City Council may wish to consider approving this request
or compromising on this issue at a dimension between 60 and 74 feet This revision is shown on page 9 of
the alternative ordinance (attached) and would revise the table in Section 20.139.015 as follows:
(1) The configuration and maximum number of garage bays for the building types listed below shall
be limited based on lot width as follows:
Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls
when vehicle
access is from
primary street
Detached
House
<40 feet 1
40 feet up to 74 60
feet
2
≥ 74 60 feet up to
100 feet
3
Additionally, McCormick/Quadrant requested that Chapter 20.127.340 (Vehicular circulation and
parking) be amended to allow two-car side-by-side garages on front-loaded townhomes and other
attached housing types. At present, the standards allow single-car garages or tandem two-car garages
for this housing type:
Page 68 of 134
Executive Summary
Page 3 of 4
Standards for Driveways for Front-Loaded Townhouses.
(i) Individual driveways are limited to a single lane 12 feet wide.
(ii) Driveways shared between two attached units are limited to 20 feet in width.
(iii) Front-loaded townhouses or other similar attached housing types must be at
least 30 feet wide to qualify for individual or shared driveways.
Figure 20.127.340(2)(d)
Driveway Standards for Front-Loaded Attached Housing Types
McCormick/Quadrant provided an example of what this housing type with a side-by-side two-car garage
could look like:
Page 69 of 134
Executive Summary
Page 4 of 4
Staff does not believe that this design is aesthetically compatible with the intent of the City’s design
standards, and the Planning Commission voted not to recommend its approval to the City Council.
However, staff has included it here for the Council’s consideration in case Council wishes to have it
included in the ordinance.
Alternatives: Revise the proposed amendments to the residential design standards; do not adopt
amendments to the residential design standards.
Relationship to Comprehensive Plan:
• Policy LU-3 Update and establish building and site design standards that support an attractive
and functional built environment in all areas of the City.
• Policy LU-8 Provide a variety of housing types and employment opportunities that meet the
needs of diverse socioeconomic interests.
• Policy CN-6 Balance objectives for accommodating growth, encouraging compatibility,
promoting housing affordability, and offering a wide range of housing types.
Recommendations: Staff recommends that Council provide feedback to staff, and advise on whether
additional changes should be made to the ordinance. If no changes are requested, Council should place
the ordinance on the agenda for the next regular Council meeting.
Attachments: Planning Commission approved Ordinance; Alternative Ordinance; Redline Changes to
Code.
Page 70 of 134
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
RESIDENTIAL DESIGN STANDARDS; AMENDING SECTIONS 20.32.020, 20.32.040 AND
20.122.060 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted Ordinance 019-
17, establishing a new unified development code at Title 20 of the Port Orchard Municipal
Code (POMC), including Chapter 20.122 POMC, pertaining to Building Elements; and
WHEREAS, on March 12, 2019, the Port Orchard City Council adopted Ordinance
011-19 establishing Chapter 20.32 POMC, pertaining to Building Types, and amending
Chapter 20.122 POMC; and
WHEREAS, in November 2019 the City received a request from McCormick
Communities and Quadrant Homes, requesting that the City revise certain residential design
requirements in Title 20 POMC to better align with Quadrant’s standard housing designs;
and
WHEREAS, where the Council deems appropriate and necessary, the City may adopt
amendments to the City’s development regulations pursuant to RCW 36.70A.106; and
WHEREAS, City staff prepared this Ordinance, adopting some of the requested
amendments to the City’s residential design requirements at Sections 20.32.020, 20.32.040
and 20.122.060 POMC;
WHEREAS, on March 4, 2020, the City submitted this Ordinance to the Department
of Commerce, pursuant to RCW 36.70A.106; and
WHEREAS, on March 13, 2020, the City’s SEPA official issued a determination of non-
significance for the proposed revisions, and there have been no appeals; and
WHEREAS, on June 1, 2020, the proposed amendments were reviewed by the City
Council’s Land Use Committee, and
WHEREAS, on June 2, 2020, the Planning Commission held a duly-noticed public
hearing on the proposed amendments, and the Planning Commission recommended
approval of the proposed amendments; and
Page 71 of 134
Ordinance No. __-18
Page 2 of 10
WHEREAS, on June 16, 2020, the proposed amendments were reviewed at the City
Council’s work-study meeting, and
WHEREAS, the City Council finds that this Ordinance is consistent with the City’s
Comprehensive Plan, and that the amendments herein benefit the health, safety and welfare
of the residents of the City; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this ordinance.
SECTION 2. Amendment. Section 20.32.020 of the POMC is hereby amended to read as
follows:
20.32.020 Detached house.
Page 72 of 134
Ordinance No. __-18
Page 3 of 10
(1) Definition. A building type that accommodates one dwelling unit on an individual lot with
yards on all sides.
(2) Districts where allowed: GB, R1, R2, R3, R6, NMU, BPMU.
(3) Lot and Placement.
(a) Minimum/maximum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Building and structure setback from primary street lot line: set by district.
(e) Building and structure setback from side street lot line: set by district.
(f) Building and structure setback from side interior lot line: set by district.
(g) Building and structure setback from rear lot line: set by district.
(4) Maximum Dwelling Units Per Lot. One primary, one accessory.
(5) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
Page 73 of 134
Ordinance No. __-18
Page 4 of 10
(b) Building facade in secondary street BTZ: does not apply.
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet max.
(b) Accessory structure: 24 feet max.
(c) Minimum ground floor elevation: two feet minimum. For houses on lots located below the
adjacent right-of-way, or which slope significantly down from the adjacent right-of-way, only
those portions of the house structure within 15 feet of the interior edge of the rights-of-way
for the primary or side street must meet this requirement.
(d) Pedestrian Access.
(i) The main entrance to the home shall face the primary street, side street or side yard.
(e) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(f) Parking Location.
(i) Front/Corner Yard Restrictions.
(ii) Garage Door Restrictions. See Chapter 20.139 POMC.
SECTION 3. Section 20.32.040 POMC is hereby amended to read as follows:
20.32.040 Cottage court.
Page 74 of 134
Ordinance No. __-18
Page 5 of 10
(1) Definition. A building configuration that accommodates five to 12 residential units. The
residential units shall primarily be detached single-family dwelling units on individual lots
organized around an internal shared courtyard, with optional carriage units located
above stand-alone common garage buildings. Accessory buildings such as a community
building and common storage facilities are allowed. Cottage courts require an approved
subdivision or short subdivision (depending on the total number of lots proposed).
Page 75 of 134
Ordinance No. __-18
Page 6 of 10
(2) Districts where allowed: R1, R2, R3, R6, RMU, NMU.
(3) Lot and Placement.
(a) Minimum site area: 22,500 square feet.
(b) Minimum site width and depth: 150 feet.
(c) Minimum lot area: 1,200 square feet.
(d) Minimum lot width: 20 feet.
(e) Maximum building footprint: 1,200 square feet.
(f) Building and structure setback from primary street lot line: set by district.
(g) Building and structure setback from side street lot line: set by district.
(h) Building and structure setback from side interior lot line: set by district.
(i) Building and structure setback from rear lot line: set by district.
(4) Maximum dwelling units allowed per site: five to 12.
(5) Additional site area required per dwelling unit beyond five: 4,500 square feet.
(6) Maximum lot coverage: does not apply.
(7) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
(b) Building facade in secondary street BTZ: does not apply.
Page 76 of 134
Ordinance No. __-18
Page 7 of 10
(8) Height and Form.
(a) Maximum principal building height: One and one-half stories/24 feet maximum.
(b) Maximum building wall plate height: 18 feet.
(c) Maximum accessory structure height: 18 feet without a carriage unit. 24 feet with a
carriage unit on the second floor.
(d) Minimum ground floor elevation: two feet.
(e) Courtyard Area.
(i) Minimum area: 3,000 feet.
(ii) Additional minimum courtyard area per dwelling unit beyond five units: 600
square feet minimum.
(iii) Courtyard cannot be parked or driven on, except for emergency access and as
permitted for temporary events.
(f) Minimum courtyard width: 40 feet.
(g) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(h) Parking/Garage Location.
(i) Front/corner yard restrictions: not allowed.
(i) Garages. As an accessory structure, stand-alone common garage buildings with no
more than four (4) garage bays are allowed.
SECTION 4. Section 20.122.060 POMC is hereby amended to read as follows:
20.122.060 Porch.
Page 77 of 134
Ordinance No. __-18
Page 8 of 10
A raised structure attached to a building, forming a covered entrance to a doorway.
Page 78 of 134
Ordinance No. __-18
Page 9 of 10
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch
may be less than six (6) feet deep provided that the front door is recessed by at least six (6)
feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building
facade from which it projects. For the purposes of this section, the front building façade shall
not include that portion of the house containing an attached side-by-side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) 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.
(5) A front porch may not encroach into the public right-of-way.
SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 6. 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 7. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this **th day of ** 2020.
Robert Putaansuu, Mayor
Page 79 of 134
Ordinance No. __-18
Page 10 of 10
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 80 of 134
1
TITLE 20 POMC
PROPOSED REVISIONS TO TITLE 20
RESIDENTIAL DESIGN STANDARDS AND RELATED CODE SECTIONS
SHOWN AS RED STRIKEOUT/UNDERLINE PER SECTION
-----------------------------------------------------------------------------------------------------------------------------
20.32.020 Detached house.
(1) Definition. A building type that accommodates one dwelling unit on an individual lot with yards on all
sides.
Page 81 of 134
2
(2) Districts where allowed: GB, R1, R2, R3, R6, NMU, BPMU.
(3) Lot and Placement.
(a) Minimum/maximum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Building and structure setback from primary street lot line: set by district.
(e) Building and structure setback from side street lot line: set by district.
(f) Building and structure setback from side interior lot line: set by district.
(g) Building and structure setback from rear lot line: set by district.
(4) Maximum Dwelling Units Per Lot. One primary, one accessory.
(5) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
(b) Building facade in secondary street BTZ: does not apply.
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet max.
(b) Accessory structure: 24 feet max.
(c) Minimum ground floor elevation: two feet minimum. For houses on lots located below the adjacent
right-of-way, or which slope significantly down from the adjacent right-of-way, only those portions of
the house structure within 15 feet of the interior edge of the rights-of-way for the primary or side street
must meet this requirement.
Page 82 of 134
3
(d) Pedestrian Access.
(i) The main entrance to the home shall face the primary street, side street or side yard.Entrance
facing primary street: required.
(e) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(f) Parking Location.
(i) Front/Corner Yard Restrictions.
(ii) Garage Door Restrictions. See Chapter 20.139 POMC.
------------------------------------------------------------------------------------------------------------------------------------------
20.32.040 Cottage court.
Page 83 of 134
4
(1) Definition. A building configurationtype that accommodates five to 12 residential units. The
residential units shall primarily be detached single-family dwelling units on individual lots
organized around an internal shared courtyard, with optional carriage units located above stand-
alone common garage buildings. Accessory buildings such as a community building and common
storage facilities are allowed. Cottage courts require an approved subdivision or short subdivision
(depending on the total number of lots proposed).
(2) Districts where allowed: R1, R2, R3, R6, RMU, NMU.
(3) Lot and Placement.
(a) Minimum site area: 22,500 square feet.
(b) Minimum site width and depth: 150 feet.
(c) Minimum lot area: 1,200 square feet.
(d) Minimum lot width: 20 feet.
(e) Maximum principal building footprint: 1,200 square feet.
(f) Building and structure setback from primary street lot line: set by district.
(g) Building and structure setback from side street lot line: set by district.
(h) Building and structure setback from side interior lot line: set by district.
(i) Building and structure setback from rear lot line: set by district.
(4) Maximum dwelling units allowed per site: five to 12.
(5) Additional site area required per dwelling unit beyond five: 4,500 square feet.
(6) Maximum lot coverage: does not apply.
(7) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
(b) Building facade in secondary street BTZ: does not apply.
Page 84 of 134
5
(8) Height and Form.
(a) Maximum principal building height: One and one-half stories/24 feet maximum.
(b) Maximum building wall plate height: 18 feet.
(c) Maximum accessory structure height: 18 feet without a carriage unit. 24 feet with a carriage unit
on the second floor.
(d) Minimum ground floor elevation: two feet.
(e) Courtyard Area.
(i) Minimum area: 3,000 feet.
(ii) Additional minimum courtyard area per dwelling unit beyond five units: 600 square feet
minimum.
(iii) Courtyard cannot be parked or driven on, except for emergency access and as permitted for
temporary events.
(f) Minimum courtyard width: 40 feet.
(g) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(h) Parking/Garage Location.
(i) Front/corner yard restrictions: not allowed.
(j) Garages. As an accessory structure, stand-alone common garage buildings with no more than four
(4) garage bays are allowed.
-------------------------------------------------------------------------------------------------------------------------------------
20.122.060 Porch.
A raised structure attached to a building, forming a covered entrance to a doorway.
Page 85 of 134
6
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch may be
less than six (6) feet deep provided that the front door is recessed by at least six (6) feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building facade from
which it projects. For the purposes of this section, the front building façade shall not include that portion
of the house containing an attached side-by-side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) 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.
(5) A front porch may not encroach into the public right-of-way.
20.139.015 Residential garage configuration standards.
(1) The configuration and maximum number of garage bays for the building types listed below shall be
limited based on lot width as follows:
Page 86 of 134
7
Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls when
vehicle access is
from primary street
Detached
House
<40 feet 1
40 feet up
to 74 feet
2
>74 feet up
to 100 feet
3
>100 feet No limit
Backyard
Cottage
N/A N/A
Side-by-Side
Duplex
74 feet or
less
1 per unit
>74 feet 2 per unit
Duplex Back-
to-Back
40 feet or
less
1 for the front unit,
no limit for rear unit
>40 feet 2 for the front unit,
no limit for rear unit
Attached
House
40 feet or
less
1 per dwelling unit
>40 feet 2 per unit
Townhouse <30 feet Not permitted
30 feet or
more
1 per unit
Accessory
Buildings
N/A N/A
(2) A side-by-side interior parking space shall mean an area within a structure designed for the storage
of a single passenger car or light truck.
Page 87 of 134
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
RESIDENTIAL DESIGN STANDARDS; AMENDING SECTIONS 20.32.020, 20.32.040
AND 20.122.060 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted Ordinance 019-
17, establishing a new unified development code at Title 20 of the Port Orchard Municipal
Code (POMC), including Chapter 20.122 POMC, pertaining to Building Elements; and
WHEREAS, on March 12, 2019, the Port Orchard City Council adopted Ordinance
011-19 establishing Chapter 20.32 POMC, pertaining to Building Types, and amending
Chapter 20.122 POMC; and
WHEREAS, in November 2019 the City received a request from McCormick
Communities and Quadrant Homes, requesting that the City revise certain residential design
requirements in Title 20 POMC to better align with Quadrant’s standard housing designs;
and
WHEREAS, where the Council deems appropriate and necessary, the City may adopt
amendments to the City’s development regulations pursuant to RCW 36.70A.106; and
WHEREAS, City staff prepared this Ordinance, adopting some of the requested
amendments to the City’s residential design requirements at Sections 20.32.020, 20.32.040
and 20.122.060 POMC;
WHEREAS, on March 4, 2020, the City submitted this Ordinance to the Department
of Commerce, pursuant to RCW 36.70A.106; and
WHEREAS, on March 13, 2020, the City’s SEPA official issued a determination of non-
significance for the proposed revisions, and there have been no appeals; and
WHEREAS, on June 1, 2020, the proposed amendments were reviewed by the City
Council’s Land Use Committee, and
WHEREAS, on June 2, 2020, the Planning Commission held a duly-noticed public
hearing on the proposed amendments, and the Planning Commission recommended
approval of the proposed amendments; and
Page 88 of 134
Ordinance No. __-18
Page 2 of 11
WHEREAS, on June 16, 2020, the proposed amendments were reviewed at the City
Council’s work-study meeting, and
WHEREAS, on June **, the City Council made additional revisions to the
amendments proposed by the Planning Commission, and
WHEREAS, the City Council finds that this Ordinance is consistent with the City’s
Comprehensive Plan, and that the amendments herein benefit the health, safety and
welfare of the residents of the City; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this ordinance.
SECTION 2. Amendment. Section 20.32.020 of the POMC is hereby amended to read as
follows:
20.32.020 Detached house.
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Ordinance No. __-18
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(1) Definition. A building type that accommodates one dwelling unit on an individual lot with
yards on all sides.
(2) Districts where allowed: GB, R1, R2, R3, R6, NMU, BPMU.
(3) Lot and Placement.
(a) Minimum/maximum lot area: set by district.
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Ordinance No. __-18
Page 4 of 11
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Building and structure setback from primary street lot line: set by district.
(e) Building and structure setback from side street lot line: set by district.
(f) Building and structure setback from side interior lot line: set by district.
(g) Building and structure setback from rear lot line: set by district.
(4) Maximum Dwelling Units Per Lot. One primary, one accessory.
(5) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
(b) Building facade in secondary street BTZ: does not apply.
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet max.
(b) Accessory structure: 24 feet max.
(c) Minimum ground floor elevation: two feet minimum. For houses on lots located below
the adjacent right-of-way, or which slope significantly down from the adjacent right-of-way,
only those portions of the house structure within 15 feet of the interior edge of the rights-
of-way for the primary or side street must meet this requirement.
(d) Pedestrian Access.
(i) The main entrance to the home shall face the primary street, side street or side yard.
(e) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(f) Parking Location.
(i) Front/Corner Yard Restrictions.
(ii) Garage Door Restrictions. See Chapter 20.139 POMC.
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Ordinance No. __-18
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SECTION 3. Section 20.32.040 POMC is hereby amended to read as follows:
20.32.040 Cottage court.
(1) Definition. A building configuration that accommodates five to 12 residential units. The
residential units shall primarily be detached single-family dwelling units on individual lots
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Ordinance No. __-18
Page 6 of 11
organized around an internal shared courtyard, with optional carriage units located
above stand-alone common garage buildings. Accessory buildings such as a community
building and common storage facilities are allowed. Cottage courts require an approved
subdivision or short subdivision (depending on the total number of lots proposed).
(2) Districts where allowed: R1, R2, R3, R6, RMU, NMU.
(3) Lot and Placement.
(a) Minimum site area: 22,500 square feet.
(b) Minimum site width and depth: 150 feet.
(c) Minimum lot area: 1,200 square feet.
(d) Minimum lot width: 20 feet.
(e) Maximum building footprint: 1,200 square feet.
(f) Building and structure setback from primary street lot line: set by district.
(g) Building and structure setback from side street lot line: set by district.
(h) Building and structure setback from side interior lot line: set by district.
(i) Building and structure setback from rear lot line: set by district.
(4) Maximum dwelling units allowed per site: five to 12.
(5) Additional site area required per dwelling unit beyond five: 4,500 square feet.
(6) Maximum lot coverage: does not apply.
(7) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: does not apply.
(b) Building facade in secondary street BTZ: does not apply.
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Ordinance No. __-18
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(8) Height and Form.
(a) Maximum principal building height: One and one-half stories/24 feet maximum.
(b) Maximum building wall plate height: 18 feet.
(c) Maximum accessory structure height: 18 feet without a carriage unit. 24 feet with a
carriage unit on the second floor.
(d) Minimum ground floor elevation: two feet.
(e) Courtyard Area.
(i) Minimum area: 3,000 feet.
(ii) Additional minimum courtyard area per dwelling unit beyond five units: 600
square feet minimum.
(iii) Courtyard cannot be parked or driven on, except for emergency access and as
permitted for temporary events.
(f) Minimum courtyard width: 40 feet.
(g) Building Elements Allowed.
(i) Balcony. See POMC 20.122.030.
(ii) Porch. See POMC 20.122.060.
(iii) Stoop. See POMC 20.122.070.
(h) Parking/Garage Location.
(i) Front/corner yard restrictions: not allowed.
(i) Garages. As an accessory structure, stand-alone common garage buildings with no
more than four (4) garage bays are allowed.
SECTION 4. Section 20.122.060 POMC is hereby amended to read as follows:
20.122.060 Porch.
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Page 8 of 11
A raised structure attached to a building, forming a covered entrance to a
doorway.
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Page 9 of 11
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch
may be less than six (6) feet deep provided that the front door is recessed by at least six (6)
feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building
facade from which it projects. For the purposes of this section, the front building façade shall
not include that portion of the house containing an attached side-by-side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) 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.
(5) A front porch may not encroach into the public right-of-way.
SECTION 5. Section 20.139.015 is hereby amended to read as follows:
(1) The configuration and maximum number of garage bays for the building types listed below
shall be limited based on lot width as follows:
Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls when
vehicle access is
from primary street
Detached
House
<40 feet 1
40 feet up
to 74 60
feet
2
≥ 74 60 feet
up to 100
feet
3
>100 feet No limit
Backyard
Cottage
N/A N/A
Side-by-Side
Duplex
74 feet or
less
1 per unit
>74 feet 2 per unit
Duplex Back-40 feet or 1 for the front unit,
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Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls when
vehicle access is
from primary street
to-Back less no limit for rear
unit
>40 feet 2 for the front unit,
no limit for rear
unit
Attached
House
40 feet or
less
1 per dwelling unit
>40 feet 2 per unit
Townhouse <30 feet Not permitted
30 feet or
more
1 per unit
Accessory
Buildings
N/A N/A
(2) A side-by-side interior parking space shall mean an area within a structure designed for the storage
of a single passenger car or light truck.
SECTION 6. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 7. 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 8. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
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Ordinance No. __-18
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PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this **th day of ** 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
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City of Port Orchard
Work Study Session Executive Summary
Issue Title: Significant Trees and Tree Canopy Protection – Chapter 20.129 POMC
Meeting Date: June 16, 2020
Time Required: 20 minutes
Attendees: Nick Bond, Community Development Director
Issue: The City’s existing significant tree protection were originally written prior to the city’s annexation
of significant areas of the UGA in the middle and late-2000s. They were designed to prevent the removal
of significant trees in the city and require replacement of significant trees at specified ratios. Code
updates in recent years have tried to improve this code section by eliminating requirements to seek city
council approval to remove significant trees and to allow tree removal provided that trees are replaced at
specified ratios. However, recent conversations with developers interested in developing forested lands
that have been annexed in recent years have highlighted a major flaw in the existing code. That flaw is
that a fully forested site that is zoned for development, cannot be made more forested while still allowing
development. In addition, there are not enough alternate planting areas in the city available to developers
to meet required ratios. (It should be noted that the Significant Tree provisions of our code do not apply
to previously approved developments at McCormick Woods at those projects are vested to county codes
through development agreements).
In response to these code deficiencies, in June 2019 staff began working with the Planning Commission
on extensive revisions to Chapter 20.129. The primary focus of this effort was to ensure the long term
establishment of tree canopy while trying to incentivize significant tree preservation. The approach that
staff took was to establish tree canopy requirements that a development would have to achieve once
trees matured 20 years after development was completed. The tree canopy percentages would vary by
development type with lower density development like single family neighborhoods having a higher tree
canopy percentage required. To incentivize significant tree protection, the ordinance proposed to reduce
canopy requirements if existing significant trees were preserved.
Once introduced to the Planning Commission, it became apparent that the new approach worked for new
development but did nothing to prevent someone from cutting a significant tree in their yard. This
fundamental difference set off a year long discussion of the issue and resulted in a hybrid between the
new tree canopy approach and the old significant tree approach. Through this process, the planning
commission held 2 public hearings and discussed the issue at 8 public meetings. There has been no public
interest in the topic.
The Commission’s work has resulted in an ordinance that provides incentives for preserving significant
trees and requires the replacement of significant trees at specified ratios when they are removed,
mitigates the environmental and aesthetic consequences of tree removal in land development, requires
Action Requested at this Meeting: Provide feedback to staff on potential revisions to Chapter 20.129
to protect both significant trees and tree canopy.
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Executive Summary 5
Page 2 of 3
replacement of significant trees to achieve a goal of no net loss of significant trees throughout the city,
and establishes tree canopy standards applicable to certain new residential development. The ordinance
also provides measures to protect significant trees that may be impacted during construction activities,
and provides for emergency removal of trees that may endanger public health and safety.
The Land Use Committee reviewed the revisions on June 1, 2020 and recommending forwarding the
ordinance to work-study. The Commission held a public hearing on the current version of the ordinance
on June 2, 2020, and voted to recommend approval of the revisions to Chapter 20.129 to City Council.
Background:
Staff initially worked with the City Attorney to develop a Tree Canopy Requirements code that was
intended to replace the Significant Trees code (Chapter 20.129). The Planning Commission reviewed this
code and, over six meetings in 2019-2020, requested a number of changes which resulted in the re-
incorporation of the Significant Trees code back into Chapter 20.129 to create a “hybrid” ordinance, as
well as other revisions and additions. The timeline and details of the review process are provided below:
May 2019: Planning Commission was provided with the initial draft Tree Canopy Requirements
ordinance, to repeal/replace existing Significant Trees ordinance (Chapter 20.129).
June 2019: The Planning Commission held a public hearing on the Tree Canopy draft ordinance,
along with other proposed development regulations. No public testimony was received. After
discussion, the Commission asked that the Tree Canopy item be left open to the next meeting,
and asked for more information on how standard tree canopy minimum percentages had been
established in other jurisdictions.
September 2019: The Planning Commission discussed several issues, including: the purpose of
the tree canopy code; the proposed tree canopy percentage requirements; potential expansion
of tree canopy requirements to non-residential areas; coordination of tree canopy protection with
critical areas protection; the potential creation of isolated “blowdown hazard” trees; additional
definitions in code; application of tree canopy requirements to existing individual homes and
undeveloped lots; and requirements in the landscaping code and significant trees code vs. the
tree canopy code. The Commission voted to continue the discussion to the next meeting, and
asked staff to prepare revisions to the draft ordinance based on the Commission’s identified
concerns. Based on the Commission’s concerns, it was clear that they felt that replacement of the
Significant Trees ordinance with the Tree Canopy ordinance would not provide sufficient
protection for significant trees, and they preferred a “hybrid” that would explicitly address both
tree canopy and significant tree protection in Chapter 20.129.
November 2019: Staff presented the Commission with a revised draft ordinance that attempted
to address all of the concerns raised in the June through November meetings. The revised
ordinance was no longer based on a repeal of Chapter 20.129 and an entirely new Tree Canopy
code. Instead, it combined the existing Significant Trees code with language from the originally-
proposed Tree Canopy ordinance, as well as additional language that had been requested by the
Commission as a result of their previous discussions. Commissioner Bernstein provided detailed
comments on the draft Tree Canopy code by email to staff and Commissioners prior to the
meeting, including such issues as: significant tree replacement ratios; definitions of danger trees;
tree planting requirements; protection of existing trees; requirements for existing houses and
residential lots; exemptions; and amended definitions. These comments and all previous issues
were included in a lengthy discussion that was continued to the next meeting.
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Executive Summary 5
Page 3 of 3
February 2020: The Planning Commission met at the DCD Building to make real-time, onscreen
changes to the November 2019 draft ordinance based on continuing discussion, most of which
were minor but included additions for street tree preferences and native tree planting guidance.
Staff requested that any further changes be provided by email in time for staff to prepare a final
ordinance for another public hearing and a vote at the next meeting.
April 2020: Staff presented a final ordinance to the Planning Commission, which was accepted.
The Commission agreed that the ordinance should go to a second public hearing since it had
undergone extensive revision, prior to a vote.
May 2020: Planning Commission discussed final draft ordinance at a special meeting.
June 2020: The Planning Commission held a public hearing, and no public testimony was provided.
The Commission voted unanimously to recommend approval of the ordinance.
At this time, the final version of the Significant Trees and Tree Canopy Requirements ordinance, as
presented here to the City Council, has been thoroughly reviewed by staff, the Planning Commission, and
the Land Use committee. The general public has also been given two opportunities to provide comment
at public hearings. The original concept of a tree canopy ordinance was discussed with the development
community, but the final version recommended by the Planning Commission has not been fully vetted.
Since the ordinance has become considerably more complex in the year that the Planning Commission
has been working on it, and the ordinance now addresses more issues than originally proposed, staff is
requesting guidance from City Council on whether the ordinance is an improvement on what is currently
in place and whether it is an improvement on the original proposal submitted to the Planning Commission
in June of 2019. Alternatively, Council may wish to seek feedback from the Developer’s Council and
depending on what that feedback looks like, may wish to proceed with the Planning Commission’s
recommendation or potentially return the project to the Planning Commission for further review.
Alternatives: There are numerous alternatives including but not limited to:
1. Move the PC’s recommendation forward for consideration at the next meeting.
2. Ask the Developer’s Council to provide feedback on the proposed ordinance.
3. Provide further direction to the PC and seek addition revisions and recommendations.
4. Provide suggested recommendations to staff and conduct a public hearing before the City Council.
5. Do not amend the Significant Tree Code at this time.
Relationship to Comprehensive Plan: N/A
Recommendations: Staff recommends that Council provide direction to staff on a next step for this topic.
Attachments: June 2019 Original Tree Canopy Code; November 2019 Redline Significant Trees/Tree
Canopy Code; June 2020 Final Ordinance; Existing Chapter 20.129 (Significant Trees).
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20.129 Tree Canopy Requirements.
20.129.010 Purpose. It is the purpose of this chapter to:
(1) Provide incentives for preserving significant trees;
(2) Mitigate the environmental and aesthetic consequences of tree removal in land development by
establishing tree canopy standards applicable to certain new development;
(3) Provide measures to protect significant trees that may be impacted during construction activities;
(4) Maintain and protect the public health, safety, and general welfare; and
(5) Preserve the aesthetic, ecological, and economic benefits of forests and tree-covered areas in Port
Orchard including:
(a) Providing varied and rich habitats for wildlife;
(b) Absorbing carbon dioxide;
(c) Moderating the effects of winds and temperatures;
(d) Stabilizing and enriching the soil;
(e) Slowing runoff from precipitation and reducing soil erosion;
(f) Improving air quality;
(g) Improving water quality;
(h) Masking unwanted sound;
(i) Providing visual relief and screening;
(j) Providing recreational benefits;
(k) Enhancing the economic value of developments; and
(l) Providing a valuable asset to the community.
20.129.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(1) “Net Site Area” means the subject site’s total (gross) site area minus areas designated as wetlands
and wetland buffers, fish and wildlife habitat areas and fish and wildlife habitat buffers, slopes over
thirty percent (30%), and stormwater pond facilities.
20.129.030 Applicability. The tree canopy requirements found in this chapter shall apply to all
residential development applications. The following activities are exempt from the tree canopy
requirements of this section:
(1) Removal of any hazardous, dead or diseased trees, and as necessary to remedy an immediate threat
to person or property as determined by a letter from a qualified arborist;
(2) Construction of a single detached house, duplex, or residential accessory structure on an
individual lot that was not part of a subdivision or short plat subject to current or past city tree canopy
or significant tree retention requirements;
(3) Construction or maintenance of public or private road network elements, and public or
private utilities including utility easements not related to a subdivision, short plat, or multifamily
development project;
(4) Construction or maintenance of public parks and trails; and
(5) Pruning and maintenance of trees.
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20.129.040 Significant Tree Retention. All significant trees located within any required landscape buffer
as required in POMC 20.128 shall be retained, except activities exempted by 20.129.030. If a significant
tree drip line or root protection area extend beyond the required buffer, the significant tree may be
removed if the proposed site grading would harm the health or stability of the tree as determined by an
arborist. If an arborist identifies a significant tree to be retained as a hazard tree due to blow down
risks, the significant tree may be removed.
20.129.050 Tree Canopy Requirements for residential development. New residential subdivisions, short
plats, single family attached, and multifamily residential projects containing more than three (3)
dwellings shall meet the minimum tree canopy coverage requirements set forth in Table 20.129.050,
except as provided section 20.129.060 and 20.129.090.
Table 20.129.050 Tree Canopy Coverage Requirements
Type of Development Required Tree Canopy Coverage of Development
Net Site Area.
Detached Housing Residential Subdivisions, 10 or
more lots.
30%
Detached Housing Residential Subdivisions and
Short Plats, 5-9 lots.
25%
Detached Housing Residential Subdivisions and
Short Plats, 4 or fewer lots.
20%
Cottage Courts 30%
Duplexes, Attached Housing, Townhomes, 10 or
more dwellings
20%
Duplexes, Attached Housing, Townhomes, fewer
than 10 dwellings
15%
Apartment buildings 15%
20.129.060 Calculating Existing and Future Canopy.
Site tree canopy shall include all evergreen and deciduous trees six (6) feet in height or greater,
excluding invasive species or noxious weeds, within the net site area.
(1) The calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or licensed land surveyor in accordance with Table 20.129.060.
Table 20.129.060.
Existing Canopy to be Retained New Canopy
Option 1 Tree Survey Option 2 Aerial Estimation 20-Year Canopy Calculation
• Measure average canopy
radius (r) for each tree to be
retained
• Calculate existing canopy
area using the formula: Canopy
Area (CA)=πr2
• Obtain aerial imagery of site
that is less than 2 years old and
represents existing conditions.
• Measure site boundaries
• Measure canopies of
individual trees or stand area
For each proposed species:
• Calculate radius (r) of
canopy at 20 years maturity
• Calculate canopy coverage
using the formula: CA=πr2
• Multiply by the proposed
Page 104 of 134
• Total the sum of tree canopy
areas and divide by net site area
to obtain canopy coverage
percentage
using leading edges as the
forest boundary
• Divide total canopy
measurement by the
net site area to obtain canopy
coverage percentage
quantity to be planted to obtain
total species canopy area
• Total the sum of species
canopy area for all proposed
species and divide by
gross site area to obtain 20-year
canopy coverage percentage
(2) Existing or New tree canopy may include street trees and may be satisfied through required
landscaping as provided in 20.128.
(3) To assist in the preservation and retention of significant trees and existing tree canopy,
the applicant may utilize the following credits:
(a) Individual significant trees retained on site shall be counted at one hundred twenty-five
percent (125%) of their actual canopy area.
(b) For clusters or stands of five (5) or more trees, each tree shall be counted at one hundred
fifty percent (150%) of its actual canopy area.
(c) For clusters or stands of five (5) or more significant trees, each tree shall be counted at two
hundred percent (200%) of its actual canopy area.
(d) Retained trees located within no more than 20 feet of a rain garden or a bio-swale
on site shall be counted at one hundred fifty percent (150%) of their actual canopy area.
(e) The required on-site recreation space required may be reduced by fifty percent (50%) if
forty percent (40%) or more of the site has existing tree canopy that is retained along with
all native vegetation under that canopy area.
20.129.070 New Tree Planting Requirements and Specifications.
(1) Trees planted to meet tree canopy requirements Table 20.129.050 shall meet the following criteria:
(a) Sites must be planted or replanted with a minimum of fifty percent (50%) evergreen species,
except:
(i) The evergreen portion of the required planting mix may be reduced to thirty seven
and one half percent (37.5%) when the deciduous mix contains exclusively indigenous
species to the Puget Sound region, not including Alder; and
(ii) Sites obtaining tree canopy requirements solely through street trees are exempt
from the requirement to include evergreen species in the planting mix;
(b) Sites requiring planting or replanting of tree canopy must plant no more than thirty percent
(30%) of trees from the same species and no more than sixty percent (60%) of trees from the
same taxonomic family; and
(c) Replacement trees shall be planted in locations appropriate to the species’ growth habit and
horticultural requirements.
20.129.080 Tree Protection Measures. The following tree protection measures shall be taken
during clearing or construction where existing tree canopy is being retained:
(1) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees
retained in order to protect the trees during any land disturbance activities, and fencing shall not be
moved to facilitate grading or other construction activity within the protected area;
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(2) Tree protective fencing shall be a minimum height of three feet, visible and of durable construction
(orange polyethylene laminar fencing is acceptable); and
(3) Signs must be posted on the fence reading "Tree Protection Area."
20.129.090 Tree Canopy Reductions. An applicant may, by type 1 administrative variance pursuant to
POMC 20.28.150 (1) (a) (iv), seek a reduction in required tree canopy under Table 20.129.060 by no
more than ten percent (10%) when the following criteria and those in POMC 20.28.150 (1) (b) are met:
(a) The applicant demonstrates in writing that they have made a good faith effort to comply
with the tree canopy requirements within the physical constraints of the site by:
(i) Retaining as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; or
(ii) Replanting as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; and
(b) The applicant proposes to plant additional understory vegetation or ground cover area,
excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy
requirement in Table 20.129.060 not met by retention or replanting of tree canopy.
20.129.100 Damage to significant trees to be retained. Any significant trees identified in a landscape
plan to be retained and subsequently damaged or removed during site development shall be replaced at
a rate of three (3) trees for each one (1) damaged or removed significant tree.
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Chapter 20.129
SIGNIFICANT TREES AND TREE CANOPY REQUIREMENTS
Sections:
20.129.010 Purpose.
20.129.020 Applicability.
20.129.030 Definitions.
20.129.040 Removal and replacement of all significant trees.
20.129.050 Retention and protection of significant trees associated with development proposals.
20.129.060 Tree canopy requirements for residential development.
20.129.070 Tree canopy reductions.
20.129.080 Tree canopy planting requirements and specifications.
20.129.090 Tree canopy protection measures.
20.129.010 Purpose.
It is the purpose of this chapter is to:
(1) Provide incentives for preserving significant trees and to require the replacement of significant trees
at specified ratios when they are removed.
(2) Mitigate the environmental and aesthetic consequences of tree removal in land development,
through tree replacement of significant trees to achieve a goal of no net loss of significant trees
throughout the city, and by establishing tree canopy standards applicable to certain new development.
(3) Provide measures to protect significant trees that may be impacted during construction activities.
(4) Maintain and protect the public health, safety, and general welfare.
(5) Preserve the aesthetic, ecological, and economic benefits of forests and tree-covered areas in Port
Orchard including:
(a) Providing varied and rich habitats for wildlife;
(b) Absorbing carbon dioxide;
(c) Moderating the effects of winds and temperatures;
(d) Stabilizing and enriching the soil;
(e) Slowing runoff from precipitation and reducing soil erosion;
(f) Improving air quality;
(g) Improving water quality;
(h) Masking unwanted sound;
(i) Providing visual relief and screening;
(j) Providing recreational benefits;
(k) Enhancing the economic value of developments; and
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2
(l) Providing a valuable asset to the community.
20.129.020 Applicability.
(1) The significant tree requirements in this chapteris section applyies to all significant trees in the city,
with the exception of those exemptions listed in section (3) below.
(2) The tree canopy requirements in this chapter apply to all residential development, with the
exception of those exemptions listed in section (3) below.
(2) No significant tree may be removed unless the requirements of this chapter are met.
(3) Exemptions: The following situations, activities, and projects are exempt from the significant tree
protection and tree canopy requirements of this section, unless the tree is located in a critical area
as identified in POMC 20.162:
(a) Utility developments. Construction of public or private road network elements, including
sidewalks, and public or private utilities including utility easements
(b) Roadway or street (including sidewalks) construction.
(bc) Public pParks projects, including construction and maintenance of public parks and trails.
(cd) Trees that interfere with overhead utility lines.
(de) Trees that are causing damage to building foundations.
(e) Normal pruning and maintenance of trees that does not damage the tree or reduce the viability
of the tree’s normally expected growth and lifespan.
(f) Removal of any hazardous, dead or diseased trees, and as necessary to remedy an immediate
threat to person or property as determined by a letter from a qualified arborist.
(g) On an individual lot less than 10,890 square feet in size which was not part of a subdivision or
short plat subject to current or past city tree canopy regulations, the new construction or
reconstruction of, or an addition to, one single-family detached house, one duplex, or residential
accessory structures (including one detached accessory dwelling unit) is not subject to tree canopy
requirements. Requirements for protection of significant trees still apply.
(4) This chapter shall not be construed to authorize the removal of trees where tree removal is not
otherwise permitted in the POMC.
20.129.030 Definitions.
(1) “Net Site Area” means the subject site’s total (gross) site area, minus areas designated as wetlands
and wetland buffers, fish and wildlife habitat areas and/or buffers, slopes over thirty percent (30%),
and stormwater pond facilities.
(2) Significant Ttree”s are means athose trees with a DBH (diameter at breast height) of 18 inches or
greater and which hasare not been identified by a licensed arborist as damaged, diseased, or a
safety hazard due to potential root, trunk or primary limb failure, or new exposure to wind after
having grown in a closed, forested situation.
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3
(32) The “Rroot Pprotection Zzone” meansis that area equal to one-foot radius from the center of the
tree for every one inch of tree DBH. A modified root protection zone may be established by a
certified arborist’s individual tree evaluation.
20.129.040 Removal and replacement of all significant trees.
(1) No significant tree may be removed on any property or as part of any development unless the
requirements of this chapter are met.
(2) Approval of the director is required for the removal of significant trees and shall be granted provided
that all other applicable requirements and standards of the Port Orchard Municipal Code are met.
The decision to authorize the removal of a significant tree shall be a Type 1 decision; however, an
application that involves two or more procedures may be processed consistent with the procedures
provided in POMC 20.22.020(2). Approval requires that the following condition and the replacement
requirements of subsection (2) are met:
(a) All significant trees located within any required landscape buffer area or required landscape
planting area shall be retained, except for those activities exempted in subsection 20.129.020(3)
or as otherwise indicated in subsection (b) of this section.to the extent practical and feasible.
(b) If a significant tree drip line or root protection zone extends beyond the required buffer, the
significant tree may be removed if the proposed site grading would harm the health or stability
of the tree as determined by an arborist. If an arborist identifies a significant tree to be retained
as a hazard tree due to blow down risk, the significant tree may be removed.
(cb) This provision shall not be construed as to prohibit mass grading provided that significant trees
are replaced in accordance with this chapter.
(2) Significant trees that are removed shall be replaced with trees meeting the following requirements:
(a) Trees must be replaced at the rates described in Table 20.129.040 and at no less than a 1:1 ratio
for any proposed development. If the number of replacement trees required in accordance with
Table 20.129.040 results in a fraction, the number shall be rounded up to the nearest whole
number.
Table 20.129.040.Replacement tree quantity.
Significant Tree Diameter Number of Replacement Trees Required
18-22 inches diameter .5
22-28 inches diameter 1
28-36 inches diameter 2
Greater than 36 inches diameter 3
(b) To incentivize significant tree retention, every significant tree that is retained shall reduce the
required number of replacement trees by three (3) trees.
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4
(c) Replacement deciduous trees shall be fully branched, have a dominant leader branch, have a
minimum caliper of one-and-one-half inches (as measured 24 inches above the root ball), and a
minimum height of six feet at the time of planting as measured from the top of the leader
branch to the top of the root ball.
(d) A replacement deciduous tree that has a minimum caliper of three inches (as measured 24
inches above the root ball) and a minimum height of eight feet at the time of planting as
measured from the top of the leader branch to the top of the root ball may substitute for two
(2) required replacement trees.
(e) Replacement evergreen trees shall be fully branched and a minimum of six feet in height,
measured from the top of the leader branch to the top of the root ball, at the time of planting.
(f) Replacement trees shall primarily be those species native to the Pacific Northwest. In making a
determination regarding the species of replacement trees, the director shall defer to the species
selected by the property owner unless the director determines that the species selected is
unlikely to survive for a period of at least ten years, represents a danger or nuisance, would
threaten overhead or underground utilities
(g) The property owner shall maintain all replacement trees in a healthy condition. The property
owner shall be obligated to replace any replacement tree that dies, becomes diseased, or is
removed. Replacement trees shall not be removed except when they are moved to another
location in accordance with this chapter.
(h) The director may authorize the planting of fewer and smaller replacement trees if the property
owner can demonstrate the reduction is suitable for the site conditions, neighborhood
character, and the purposes of this section, and that such replacement trees will be planted in
sufficient quantities to meet the intent of this section. The director may require a certifying
statement from a Washington state licensed landscape architect, Washington-Certified
Professional Horticulturalist (CPH), or certified arborist.
(3) If the site does not allow for planting of replacement trees, the trees may be planted (1) on an
alternative site within the city, or (2) on public property (such as in a city park) subject to the
approval of the public works director. If the trees are not planted on public property, guarantees
shall be provided (such as a conservation easement) to ensure that the replacement trees will not
be removed prior to reaching 18 inches DBH (at which time they will be considered significant trees).
(4) The director shall not authorize the planting of shrubs or bushes in lieu of required replacement
trees.
(5) For projects containing 5 or fewer significant trees, the required replacement trees planted shall be
in addition to other required trees installed to satisfy street tree and landscaping buffer, parking lot,
and other landscape area requirements. For projects on non-forested sites containing more than 5
significant trees, up to seventy-five percent (75%) of the required replacement trees to be planted
may be satisfied by planting trees within required or proposed landscaping areas including but not
limited to landscape buffers and parking lot islands as specified in POMC 20.128. For projects on
forested sites containing more than 5 significant trees, up to one hundred percent (100%) of the
required replacement trees to be planted may be satisfied by planting trees within required or
proposed landscaping areas including but not limited to landscape buffers and parking lot islands as
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5
specified in POMC 20.128. For the purposes of this section, a site is considered forested if it
contains more than 20 significant trees per acre.
(6) Guidelines for significant tree replacement. The following guidelines and requirements shall apply to
significant tree replacement:
(a) When individual trees or tree stands are protected, replacement trees should be planted to re-
establish or enhance tree clusters where they previously existed.
(b) Replacement trees shall be planted in locations appropriate to the species’ growth habit and
horticultural requirements.
(c) Replacement trees shall be planted in areas that connect or are adjacent to native growth
protection areas or other open space, where appropriate.
(d) Replacement trees shall be integrated into the required landscape plans, if any, for a
development.
(e) Replacement trees to be planted next to or under power lines shall be selected with
consideration of the trees’ maturation and maintenance requirements.
20.129.050 Retention and protection of significant trees associated with development proposals.
(1) Significant tree retention plan. The applicant or property owner shall submit a tree retention plan
prepared by a certified arborist, horticulturalist, landscape architect, forester or other qualified
professional concurrent with the underlying development permit application (such as a land
disturbing activity, short subdivision, binding site plan, conditional use, building, or preliminary
subdivision permit application), whichever is reviewed and approved first. The tree retention plan
shall consist of:
(a) A tree survey that identifies the location, size, and species of individual significant trees or the
perimeter of stands of trees on a site;
(b) Identification of the significant trees that are proposed to be retained; and
(c) The location and design of root protection during construction and development activities.
(2) Exemption: Significant tree retention plans shall not be required for the construction of a detached
house or backyard cottage, but these projects shall comply with all other sections of this chapter.
(3) Protection of significant trees. To provide protection for significant trees that are to remain during
and after development activity the following standards apply:
(a) Prior to construction, grading, or other land development, each root protection zone is
identified with a temporary chain-link or orange mesh fence with a minimum height of five feet.
(b) No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted
within the root protection zone.
(c) Alternative protection methods may be used if determined by the director to provide equal or
greater significant tree protection.
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6
(4) Damage to significant trees to be retained. Any significant trees identified in a landscape plan to be
retained and subsequently damaged or removed during site development shall be replaced at a rate of
three (3) trees for each one (1) damaged or removed significant tree.
20.129.060 Tree canopy requirements for residential development.
(1) New residential subdivisions, short plats, single family attached developments, and multifamily
residential projects containing three (3) or more dwellings shall meet the minimum tree canopy
coverage requirements set forth in Tables 20.129.060.a and .b, except as provided in subsections (3) and
(4) below.
Table 20.129.060.a Tree Canopy Coverage Requirements
Type of Development Required Tree Canopy Coverage of Development Net
Site Area.
(a) Detached Housing Residential Subdivisions, 10 or
more lots.
30%
(b) Detached Housing Residential Subdivisions and
Short Plats, 5-9 lots.
25%
(c) Detached Housing Residential Subdivisions and
Short Plats, 4 or fewer lots.
20%
(d) One single-family house or one duplex on lot equal
to or larger than 10,890 sq ft, not involving a
subdivision or short plat
15%
(e) Cottage Courts 30%
(f) Duplexes, Triplexes, Attached Housing,
Townhomes, 10 or more dwellings
20%
(g) Duplexes, Triplexes, Attached Housing,
Townhomes, fewer than 10 dwellings
15%
(h) Apartment buildings 15%
(2) Calculating Existing and Future Canopy. Site tree canopy shall include all evergreen and deciduous
trees six (6) feet in height or greater, excluding invasive species, within the net site area. The calculation
of existing and new tree canopy shall be submitted in writing by a qualified landscape designer or
licensed land surveyor in accordance with Table 20.129.060.b.
Table 20.129.060.b Options for Calculating Tree Canopy Coverage
Existing Canopy to be Retained New Canopy
Option 1 Tree Survey Option 2 Aerial Estimation 20-Year Canopy Calculation
• Measure average canopy radius
(r) for each tree to be retained
• Calculate existing canopy area
using the formula: Canopy Area
(CA)=πr2
• Obtain aerial imagery of site
that is less than 2 years old and
represents existing conditions.
• Measure site boundaries
For each proposed species:
• Calculate radius (r) of canopy at
20 years maturity
• Calculate canopy coverage
using the formula: CA=πr2
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7
• Total the sum of tree canopy
areas and divide by net site area to
obtain canopy coverage
percentage
• Measure canopies of individual
trees or stand area using leading
edges as the forest boundary
• Divide total canopy
measurement by the net site area
to obtain canopy coverage
percentage
• Multiply by the proposed
quantity to be planted to obtain
total species canopy area
• Total the sum of species canopy
area for all proposed species and
divide by gross site area to obtain
20-year canopy coverage
percentage
(3) Existing or new tree canopy may include street trees and may be satisfied through required
landscaping as provided in POMC 20.128.
(4) To assist in the preservation and retention of significant trees and existing tree canopy,
the applicant may utilize the following credits:
(a) Individual significant trees retained on site shall be counted at one hundred twenty-five
percent (125%) of their actual canopy area.
(b) For clusters or stands of five (5) or more trees, each tree shall be counted at one hundred
fifty percent (150%) of its actual canopy area.
(c) For clusters or stands of five (5) or more significant trees, each tree shall be counted at two
hundred percent (200%) of its actual canopy area.
(d) Retained trees located within no more than 20 feet of a rain garden or a bio-swale
on site shall be counted at one hundred fifty percent (150%) of their actual canopy area.
(e) For subdivisions and short plats, tThe required on-site recreation space required may be
reduced by fifty percent (50%) if forty percent (40%) or more of the site has existing tree canopy
that is retained along with all native vegetation under that canopy area.
20.129.070 Tree canopy reductions. An applicant may, through a type 1 administrative variance
pursuant to POMC 20.28.150 (1) (a) (iv), seek a reduction in required tree canopy under Table
20.129.060.a of no more than ten percent (10%), when the following criteria and those in POMC
20.28.150 (1) (b) are met:
(a) The applicant demonstrates in writing that they have made a good faith effort to comply
with the tree canopy requirements within the physical constraints of the site by:
(i) Retaining as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; or
(ii) Replanting as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; and
(b) The applicant proposes to plant additional understory vegetation or ground cover area,
excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy
requirement in Table 20.129.060.a not met by retention or replanting of tree canopy.
20.129.080 Tree canopy planting requirements and specifications.
(1) Trees planted to meet the tree canopy requirements in Table 20.129.060.a shall meet the following
criteria:
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8
(a) Sites must be planted or replanted with a minimum of fifty percent (50%) evergreen species,
except:
(i) The evergreen portion of the required planting mix may be reduced to thirty seven
and one half percent (37.5%) when the deciduous mix contains exclusively indigenous
species to the Puget Sound region, not including alder; and
(ii) Sites obtaining tree canopy requirements solely through street trees, and sites listed
under category (d) in the table, are exempt from the requirement to include evergreen
species in the planting mix;
(b) Sites requiring planting or replanting of tree canopy must plant no more than thirty percent
(30%) of trees from the same species and no more than sixty percent (60%) of trees from the
same taxonomic family; and
(c) Replacement trees shall be planted in locations appropriate to the species’ growth habit and
horticultural requirements.
20.129.090 Tree canopy protection measures.
(1)The following tree protection measures shall be taken during clearing or construction where existing
tree canopy is being retained:
(a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees
retained in order to protect the trees during any land disturbance activities, and fencing shall not be
moved to facilitate grading or other construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible and of durable construction
(orange polyethylene laminar fencing is acceptable); and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(d4) If tree canopy to be retainedprotected is damaged or removed during clearing or
constructiondevelopment is damaged, that tree canopy shall be restored so that the required
percentage of tree canopy is provided according to the requirements of this chapter.…
(2) On existing lots or developed sites, if trees required to meet tree canopy percentage requirements
are removed, replacement trees meeting the requirements of section 20.129.080 shall be planted and
maintained.
Page 114 of 134
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO SIGNIFICANT TREES AND TREE CANOPY PROTECTION;
ADOPTING AMENDMENTS TO CHAPTER 20.129 OF THE PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the Port Orchard City Council adopted Ordinance 011-
19 establishing Chapter 20.129 (Significant Trees) of the Port Orchard Municipal Code; and
WHEREAS, with the adoption of Ordinance 011-19, the City Council directed staff to
expand Chapter 20.129 POMC to address tree canopy requirements in residential areas; and
WHEREAS, this Ordinance reflects proposed amendments to Chapter 20.129 to
address the City Council’s direction; and
WHEREAS, the City may adopt amendments to the City’s development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on March 4, 2020, the City submitted to the Department of Commerce a
request for review of these amendments to Chapter 20.129 POMC, pursuant to RCW
36.70A.106; and
WHEREAS, on March 13, 2020, the City’s SEPA official issued a determination of non-
significance for the amendments to Chapter 20.129 POMC, and there have been no appeals;
and
WHEREAS, the amendments were considered by the City Council’s Land Use
committee on June 1, 2020; and
WHEREAS, on June 2, 2020, the Planning Commission held a duly-noticed public
hearing on the proposed adoption of minor revisions and corrections to Title 20, and the
Planning Commission recommended approval of the proposed adoption;
WHEREAS, the amendments were reviewed at the City Council’s work-study meeting
on June 16, 2020; and
WHEREAS, the City Council finds that this Ordinance is consistent with the City’s
Comprehensive Plan, and that the amendments herein benefit the health, safety and welfare
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Ordinance No. __-20
Page 2 of 13
of the residents of the City; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted
and incorporated as findings in support of this ordinance.
SECTION 2. Amendments. Chapter 20.129 POMC is hereby amended to read as
follows:
CHAPTER 20.129
SIGNIFICANT TREES AND TREE CANOPY REQUIREMENTS
Sections:
20.129.010 Purpose.
20.129.020 Applicability.
20.129.030 Definitions.
20.129.040 Removal and replacement of significant trees.
20.129.050 Retention and protection of significant trees associated with development
proposals.
20.129.060 Tree canopy requirements for residential development.
20.129.070 Tree canopy reductions.
20.129.080 Tree canopy planting requirements and specifications.
20.129.090 Tree canopy protection measures.
20.129.010 Purpose.
It is the purpose of this chapter is to:
(1) Provide incentives for preserving significant trees and to require the replacement of
significant trees at specified ratios when they are removed.
(2) Mitigate the environmental and aesthetic consequences of tree removal in land
development, through replacement of significant trees to achieve a goal of no net loss
of significant trees throughout the city, and by establishing tree canopy standards
applicable to certain new development.
(3) Provide measures to protect significant trees that may be impacted during
construction activities.
(4) Maintain and protect the public health, safety, and general welfare.
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Ordinance No. __-20
Page 3 of 13
(5) Preserve the aesthetic, ecological, and economic benefits of forests and tree-covered
areas in Port Orchard including:
(a) Providing varied and rich habitats for wildlife;
(b) Absorbing carbon dioxide;
(c) Moderating the effects of winds and temperatures;
(d) Stabilizing and enriching the soil;
(e) Slowing runoff from precipitation and reducing soil erosion;
(f) Improving air quality;
(g) Improving water quality;
(h) Masking unwanted sound;
(i) Providing visual relief and screening;
(j) Providing recreational benefits;
(k) Enhancing the economic value of developments; and
(l) Providing a valuable asset to the community.
20.129.020 Applicability.
(1) The significant tree requirements in this chapter apply to all significant trees in the city
in all zones, with the exception of those exemptions listed in section (3) below.
(2) The tree canopy requirements in this chapter apply to all residential development, with
the exception of those exemptions listed in section (3) below.
(3) Exemptions: The following situations, activities, and projects are exempt from the
significant tree protection and tree canopy requirements of this section, unless the tree
is located in a critical area as identified in POMC 20.162:
(a) Construction of public road network elements, including sidewalks, and public or
private utilities including utility easements.
(b) Public parks projects, including construction and maintenance of public parks and
trails.
(c) Trees that interfere with overhead utility lines.
(d) Trees that are causing damage to building foundations.
(e) Normal pruning and maintenance of trees that does not damage the tree or reduce
the viability of the tree’s normally expected growth and lifespan.
(f) Removal of any hazardous, dead or diseased trees necessary to remedy an urgent
threat to persons or property, as determined by the City based on an arborist report.
(g) On an individual lot less than 10,890 square feet in size which was not part of a
subdivision or short plat subject to current or past city tree canopy regulations, the new
construction or reconstruction of, or an addition to, one single-family detached
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Ordinance No. __-20
Page 4 of 13
house, one duplex, or residential accessory structures (including one detached
accessory dwelling unit) is not subject to tree canopy requirements. Requirements for
protection of significant trees still apply.
(h) Trees in planters or other containers.
(I) Commercial nurseries or Christmas tree farms.
(j) Emergencies from storm damage resulting in an immediate threat to persons or
property from a partially uprooted, split or snapped tree, when the City and an arborist
cannot be immediately contacted. The storm-damaged tree shall be visually
documented (photographed) prior to removal, and the City shall be contacted as soon
as possible after removal of the tree.
(4) This chapter shall not be construed to authorize the removal of trees where tree
removal is not otherwise permitted in the POMC.
20.129.030 Definitions.
(1) “Net Site Area” means the subject site’s total (gross) site area, minus areas designated
as wetlands and wetland buffers, fish and wildlife habitat areas and/or buffers, slopes
over thirty percent (30%), and stormwater pond facilities.
(2) “Significant Tree” means:
• an evergreen tree with a minimum DBH (diameter at breast height) of 8 inches,
or
• a deciduous tree with a minimum DBH of 12 inches; and
• which has not been identified by an arborist as meeting one or more of the
following criteria:
- damaged
- diseased
- a safety hazard due to potential root, trunk or primary limb failure
- new exposure to wind after having grown in a closed, forested situation.
(3) “Root Protection Zone” means that area equal to one-foot radius from the center of the
tree for every one inch of tree DBH. A modified root protection zone may be established
by an arborist’s individual tree evaluation.
20.129.040 Removal and replacement of significant trees.
(1) No significant tree may be removed on any property or as part of any development
unless the requirements of this chapter are met.
(2) Approval of the Director is required prior to the removal of significant trees and shall be
granted provided that all other applicable requirements and standards of the Port
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Ordinance No. __-20
Page 5 of 13
Orchard Municipal Code are met. The decision to authorize the removal of a significant
tree shall be a Type 1 decision; however, an application that involves two or more
procedures may be processed consistent with the procedures provided in POMC
20.22.020(2). Approval requires that the following conditions and the replacement
requirements of subsection (3) are met:
(a) All significant trees located within any required landscape buffer area or required
landscape planting area shall be retained, except for those activities exempted in
subsection 20.129.020(3) or as otherwise indicated in subsection (b) of this section.
(b) If a significant tree drip line or root protection zone extends beyond the required
buffer, the significant tree may be removed if the proposed site grading would harm the
health or stability of the tree as determined by an arborist. If an arborist identifies a
significant tree to be retained as a hazard tree due to blow down risk, the significant
tree may be removed.
(c) This provision shall not be construed as to prohibit mass grading provided that
significant trees are replaced in accordance with this chapter.
(3) Significant trees that are removed shall be replaced with trees meeting the following
requirements:
(a) Trees must be replaced at the rates described in Table 20.129.040.A and at no less
than a 1:1 ratio for any proposed development. If the number of replacement trees
required in accordance with Table 20.129.040.A results in a fraction, the number shall
be rounded up to the nearest whole number.
Table 20.129.040.A Replacement tree quantity - Evergreen
Significant Tree Diameter Number of Replacement Trees Required
8-16 inches diameter .5
16-20 inches diameter .75
20-24 inches diameter 1
24-30 inches diameter 1.5
30-36 inches diameter 2
Greater than 36 inches diameter 3
Table 20.129.040.B Replacement tree quantity - Deciduous
Significant Tree Diameter Number of Replacement Trees Required
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Ordinance No. __-20
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12-20 inches diameter .5
20-26 inches diameter .75
26-30 inches diameter 1
30-36 inches diameter 2
Greater than 36 inches diameter 3
(b) To incentivize significant tree retention, every significant tree that is retained shall
reduce the required number of replacement trees by three (3) trees.
(c) Replacement deciduous trees shall be fully branched, have a dominant leader
branch, have a minimum caliper of one-and-one-half inches (as measured 24 inches
above the root ball), and a minimum height of six feet at the time of planting as
measured from the top of the leader branch to the top of the root ball.
(d) A replacement deciduous tree that has a minimum caliper of three inches (as
measured 24 inches above the root ball) and a minimum height of eight feet at the time
of planting as measured from the top of the leader branch to the top of the root ball
may substitute for two (2) required replacement trees.
(e) Replacement evergreen trees shall be fully branched and a minimum of six feet in
height, measured from the top of the leader branch to the top of the root ball, at the
time of planting.
(f) Replacement trees shall primarily be those species native to the Pacific Northwest,
as provided in the guidance document issued by the city’s department of community
development. In making a determination regarding the species of replacement trees,
the director shall defer to the species selected by the property owner unless the
director determines that based on the city’s guidance document, the species selected is
unlikely to survive for a period of at least ten years, represents a danger or nuisance,
and/or would threaten overhead or underground utilities.
(g) The property owner shall maintain all replacement trees in a healthy condition. The
property owner shall be obligated to replace any replacement tree that dies, becomes
diseased, or is removed. Replacement trees shall not be removed except when they are
moved to another location in accordance with this chapter.
(h) The director may authorize the planting of fewer and smaller replacement trees if
the property owner can demonstrate the reduction is suitable for the site conditions,
neighborhood character, and the purposes of this section, and that such replacement
trees will be planted in sufficient quantities to meet the intent of this section. The
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Ordinance No. __-20
Page 7 of 13
director may require a certifying statement from a Washington state licensed landscape
architect, Washington-Certified Professional Horticulturalist (CPH), or certified arborist.
(3) If the site does not allow for planting of replacement trees, the trees may be planted (1)
on an alternative site within the city with advance approval of the site’s owner and the
City, or (2) on public property (such as in a city park) subject to the approval of the
public works director or designee. If the trees are not planted on public property,
guarantees shall be provided (such as a conservation easement) to ensure that the
replacement trees will not be removed prior to reaching a minimum DBH of 8 inches for
evergreen trees or 12 inches for deciduous trees (at which time they will be considered
significant trees).
(4) The director shall not authorize the planting of shrubs or bushes in lieu of required
replacement trees.
(5) For projects containing 5 or fewer significant trees, the required replacement trees
planted shall be in addition to other required trees installed to satisfy street tree and
landscaping buffer, parking lot, and other landscape area requirements. For projects on
non-forested sites containing more than 5 significant trees, up to seventy-five percent
(75%) of the required replacement trees to be planted may be satisfied by planting trees
within required or proposed landscaping areas including but not limited to landscape
buffers and parking lot islands as specified in POMC 20.128. For projects on forested
sites containing more than 5 significant trees, up to one hundred percent (100%) of the
required replacement trees to be planted may be satisfied by planting trees within
required or proposed landscaping areas including but not limited to landscape buffers
and parking lot islands as specified in POMC 20.128. For the purposes of this section, a
site is considered forested if it contains more than 20 significant trees per acre.
(6) Guidelines for significant tree replacement. The following guidelines and requirements
shall apply to significant tree replacement:
(a) When individual trees or tree stands are protected, replacement trees should be
planted to re-establish or enhance tree clusters where they previously existed.
(b) Replacement trees shall be planted in locations appropriate to the species’ growth
habit and horticultural requirements.
(c) Replacement trees shall be planted in areas that connect or are adjacent to native
growth protection areas or other open space, where appropriate.
(d) Replacement trees shall be integrated into the required landscape plans, if any, for a
development.
(e) Replacement trees to be planted next to or under power lines shall be selected with
consideration of the trees’ maturation and maintenance requirements.
Page 121 of 134
Ordinance No. __-20
Page 8 of 13
20.129.050 Retention and protection of significant trees associated with development
proposals.
(1) Significant tree retention plan. The applicant or property owner shall submit a tree
retention plan prepared by a certified arborist, horticulturalist, landscape architect,
forester or other qualified professional concurrent with the underlying development
permit application (such as a land disturbing activity, short subdivision, binding site plan,
conditional use, building, or preliminary subdivision permit application), whichever is
reviewed and approved first. The tree retention plan shall consist of:
(a) A tree survey that identifies the location, size, and species of individual significant
trees or the perimeter of stands of trees on a site;
(b) Identification of the significant trees that are proposed to be retained; and
(c) The location and design of intended root protection, as described in this chapter,
during construction and development activities.
(2) Exemption: Significant tree retention plans shall not be required for the construction of
a detached house or backyard cottage, but these projects shall comply with all other
sections of this chapter.
(3) Protection of significant trees. To provide protection for significant trees that are to
remain during and after development activity the following standards apply:
(a) Prior to construction, grading, or other land development, each root protection zone
is identified with a temporary chain-link or orange mesh fence with a minimum height
of five feet.
(b) No impervious surfaces, fill, excavation, or storage of construction materials shall be
permitted within the root protection zone.
(c) Alternative protection methods may be used if determined by the director to
provide equal or greater significant tree protection.
(4) Damage to significant trees to be retained. Any significant trees identified in a
landscape plan to be retained and subsequently damaged, as determined by the City, or
removed during site development shall be replaced at a rate of three (3) trees for each one
(1) damaged or removed significant tree.
20.129.060 Tree canopy requirements for residential development.
(1) New residential subdivisions, short plats, single family attached developments, and
multifamily residential projects containing three (3) or more dwellings shall meet the
minimum tree canopy coverage requirements set forth in Tables 20.129.060.a and .b,
except as provided in subsections (3) and (4) below.
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Ordinance No. __-20
Page 9 of 13
Table 20.129.060.a Tree Canopy Coverage Requirements
Type of Development Required Tree Canopy Coverage of
Development Net Site Area.
Detached Housing Residential Subdivisions,
10 or more lots.
35%
Detached Housing Residential Subdivisions
and Short Plats, 5-9 lots.
30%
Detached Housing Residential Subdivisions
and Short Plats, 4 or fewer lots.
20%
One single-family house or one duplex on
lot equal to or larger than 10,890 sq ft (1/4
acre), not involving a subdivision or short
plat
15%
Cottage Courts 30%
Duplexes, Triplexes, Attached Housing,
Townhomes, 10 or more dwellings
20%
Duplexes, Triplexes, Attached Housing,
Townhomes, fewer than 10 dwellings
15%
Apartment buildings 15%
(2) Calculating Existing and Future Canopy. Site tree canopy shall include all evergreen
and deciduous trees six (6) feet in height or greater, excluding invasive species, within
the net site area. The calculation of existing and new tree canopy shall be submitted to
the City in writing by a qualified landscape designer or licensed land surveyor in
accordance with Table 20.129.060.b.
Table 20.129.060.b Options for Calculating Tree Canopy Coverage
Existing Canopy to be Retained New Canopy
Option 1 Tree Survey Option 2 Aerial Estimation 20-Year Canopy
Calculation
• Measure average
canopy radius (r) for each
tree to be retained
• Calculate existing
canopy area using the
formula: Canopy Area
(CA)=πr2
• Obtain aerial imagery
of site that is less than 2
years old and represents
existing conditions.
• Measure site
boundaries
• Measure canopies of
individual trees or stand
For each proposed
species:
• Calculate radius (r) of
canopy at 20 years
maturity
• Calculate canopy
coverage using the
formula: CA=πr2
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Ordinance No. __-20
Page 10 of 13
• Total the sum of tree
canopy areas and divide
by net site area to obtain
canopy coverage
percentage
area using leading edges as
the forest boundary
• Divide total canopy
measurement by the
net site area to obtain
canopy coverage
percentage
• Multiply by the
proposed quantity to be
planted to obtain total
species canopy area
• Total the sum of
species canopy area for all
proposed species and
divide by gross site area to
obtain 20-year canopy
coverage percentage
(3) Existing or new tree canopy may include street trees and may be satisfied through
required landscaping as provided in POMC 20.128.
(4) To assist in the preservation and retention of significant trees and existing tree
canopy, the applicant may utilize the following credits:
(a) Individual significant trees retained on site shall be counted at one hundred twenty-
five percent (125%) of their actual canopy area.
(b) For clusters or stands of five (5) or more trees (with each evergreen tree a DBH
minimum of 4 inches and each deciduous tree a DBH minimum of 6 inches), each tree or
tree stand shall be counted at one hundred fifty percent (150%) of its actual canopy
area.
(c) For clusters or stands of five (5) or more significant trees, each tree shall be counted
at two hundred percent (200%) of its actual canopy area.
(d) Retained trees located within no more than twenty (20) feet of a rain garden or a
bio-swale on site shall be counted at one hundred fifty percent (150%) of their actual
canopy area.
(e) For subdivisions, the required on-site recreation space required may be reduced by
fifty percent (50%) if forty percent (40%) or more of the site has existing tree canopy
that is retained along with all native vegetation under that canopy area.
20.129.070 Tree canopy reductions. An applicant may, through a Type 1 administrative
variance pursuant to POMC 20.28.150 (1) (a) (iv), seek a reduction in required tree canopy
under Table 20.129.060.a of no more than ten percent (10%), when the following criteria
and those in POMC 20.28.150 (1) (b) are met:
The applicant demonstrates in writing that they have made a good faith effort to comply
with the tree canopy requirements within the physical constraints of the site by:
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Ordinance No. __-20
Page 11 of 13
(a) Retaining as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; or
(b) Replanting as much of the tree canopy as possible on site consistent with best
management practices for maintaining the health of trees; and
(c) The applicant proposes to plant additional understory vegetation or ground
cover area, excluding lawn cover, invasive species or noxious weeds, to fulfill the
remaining canopy requirement in Table 20.129.060.a not met by retention or
replanting of tree canopy.
20.129.080 Tree canopy planting requirements and specifications.
(1) Trees planted to meet the tree canopy requirements in Table 20.129.060.a shall
meet the following criteria:
(a) Sites must be planted or replanted with a minimum of fifty percent (50%)
evergreen species, except:
(i) The evergreen portion of the required planting mix may be reduced to thirty
seven and one half percent (37.5%) when the deciduous mix contains
exclusively indigenous species to the Puget Sound region, not including alder;
and
(ii) Sites obtaining tree canopy requirements solely through street trees are
exempt from the requirement to include evergreen species in the planting
mix.
(b) Sites requiring planting or replanting of tree canopy must plant no more than
thirty percent (30%) of trees from the same species and no more than sixty percent
(60%) of trees from the same taxonomic family; and
(c) Replacement trees shall be planted in locations appropriate to the species’
growth habit and horticultural requirements.
20.129.090 Tree canopy protection measures.
(1) The following tree protection measures shall be taken during clearing or construction
where existing tree canopy is being retained:
(a) Tree protective fencing shall be installed along the outer edge of the drip
line surrounding the trees retained in order to protect the trees during any land
disturbance activities, and fencing shall not be moved to facilitate grading or other
construction activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible and of
durable construction (orange polyethylene laminar fencing is acceptable); and
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Ordinance No. __-20
Page 12 of 13
(c) Signs must be posted on the fence reading "Tree Protection Area."
(d) If tree canopy to be retained is damaged or removed during clearing or
construction, that tree canopy shall be restored so that the required percentage of
tree canopy is provided according to the requirements of this chapter.
(2) On existing lots or developed sites, if trees required to meet tree canopy percentage
requirements are removed, replacement trees meeting the requirements of section
20.129.080 shall be planted and maintained.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. 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 5. Effective Date. This ordinance shall be published in the official newspaper of the
city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this **th day of ** 2020.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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Ordinance No. __-20
Page 13 of 13
APPROVED AS TO FORM: Sponsored by:
Charlotte Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
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Chapter 20.129
SIGNIFICANT TREES
Sections:
20.129.010 Purpose.
20.129.020 Applicability.
20.129.030 De nitions.
20.129.040 Removal and replacement of all signi cant trees.
20.129.050 Retention and protection of signi cant trees associated with development
proposals.
20.129.010 Purpose.
It is the purpose of this chapter to:
(1) Provide incentives for preserving signi cant trees and to require the replacement of signi cant
trees at speci ed ratios when they are removed.
(2) Mitigate the environmental and aesthetic consequences of tree removal in land development
through tree replacement to achieve a goal of no net loss of signi cant trees throughout the city.
(3) Provide measures to protect signi cant trees that may be impacted during construction activities.
(4) Maintain and protect the public health, safety, and general welfare.
(5) Preserve the aesthetic, ecological, and economic bene ts of forests and tree-covered areas in Port
Orchard including:
(a) Providing varied and rich habitats for wildlife;
(b) Absorbing carbon dioxide;
(c) Moderating the e ects of winds and temperatures;
(d) Stabilizing and enriching the soil;
(e) Slowing runo from precipitation and reducing soil erosion;
(f) Improving air quality;Page 128 of 134
(g) Improving water quality;
(h) Masking unwanted sound;
(i) Providing visual relief and screening;
(j) Providing recreational bene ts;
(k) Enhancing the economic value of developments; and
(l) Providing a valuable asset to the community. (Ord. 011-19 § 4 (Exh. 1)).
20.129.020 Applicability.
(1) This chapter applies to all signi cant trees in the city.
(2) No signi cant tree may be removed unless the requirements of this chapter are met.
(3) The following situations, activities, and projects are exempt from the signi cant tree protection
requirements of this section unless the tree is located in a critical area as identi ed in Chapter 20.162
POMC:
(a) Utility developments.
(b) Roadway or street (including sidewalks) construction.
(c) Parks projects.
(d) Trees that interfere with overhead utility lines.
(e) Trees that are causing damage to building foundations.
(4) This chapter shall not be construed to authorize the removal of trees where tree removal is not
otherwise permitted in the POMC. (Ord. 011-19 § 4 (Exh. 1)).
20.129.030 De nitions.
(1) Signi cant trees are those trees with a DBH (diameter at breast height) of 18 inches or greater and
which are not identi ed by a licensed arborist as damaged, diseased, or a safety hazard due to
potential root, trunk or primary limb failure, or new exposure to wind after having grown in a closed,
forested situation.
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(2) The root protection zone is equal to one-foot radius from the center of the tree for every one inch
of tree DBH. A modi ed root protection zone may be established by a certi ed arborist’s individual
tree evaluation. (Ord. 011-19 § 4 (Exh. 1)).
20.129.040 Removal and replacement of all signi cant trees.
(1) Approval of the director is required for the removal of signi cant trees and shall be granted;
provided, that all other applicable requirements and standards of the Port Orchard Municipal Code
are met. The decision to authorize the removal of a signi cant tree shall be a Type 1 decision;
however, an application that involves two or more procedures may be processed consistent with the
procedures provided in POMC 20.22.020(2). Approval requires that the following condition and the
replacement requirements of subsection (2) are met:
(a) All signi cant trees located within any required landscape bu er area or required landscape
planting area shall be retained to the extent practical and feasible.
(b) This provision shall not be construed as to prohibit mass grading; provided, that signi cant
trees are replaced in accordance with this chapter.
(2) Signi cant trees that are removed shall be replaced with trees meeting the following
requirements:
(a) Trees must be replaced at the rates described in Table 20.129.040 and at no less than a 1:1
ratio for any proposed development. If the number of replacement trees required in accordance
with Table 20.129.040 results in a fraction, the number shall be rounded up to the nearest whole
number.
Table 20.129.040
Replacement Tree Quantity
Signi cant Tree Diameter
Number of
Replacement Trees
Required
18 – 22 inches diameter 0.5
22 – 28 inches diameter 1
28 – 36 inches diameter 2
Greater than 36 inches
diameter
3
(b) To incentivize signi cant tree retention, every signi cant tree that is retained shall reduce the
required number of replacement trees by three trees.
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(c) Replacement deciduous trees shall be fully branched, have a dominant leader branch, have a
minimum caliper of one and one-half inches (as measured 24 inches above the root ball), and a
minimum height of six feet at the time of planting as measured from the top of the leader
branch to the top of the root ball.
(d) A replacement deciduous tree that has a minimum caliper of three inches (as measured 24
inches above the root ball) and a minimum height of eight feet at the time of planting as
measured from the top of the leader branch to the top of the root ball may substitute for two
required replacement trees.
(e) Replacement evergreen trees shall be fully branched and a minimum of six feet in height,
measured from the top of the leader branch to the top of the root ball, at the time of planting.
(f) Replacement trees shall primarily be those species native to the Paci c Northwest. In making
a determination regarding the species of replacement trees, the director shall defer to the
species selected by the property owner unless the director determines that the species selected
is unlikely to survive for a period of at least 10 years, represents a danger or nuisance, or would
threaten overhead or underground utilities.
(g) The property owner shall maintain all replacement trees in a healthy condition. The property
owner shall be obligated to replace any replacement tree that dies, becomes diseased, or is
removed. Replacement trees shall not be removed except when they are moved to another
location in accordance with this chapter.
(h) The director may authorize the planting of fewer and smaller replacement trees if the
property owner can demonstrate the reduction is suitable for the site conditions, neighborhood
character, and the purposes of this section, and that such replacement trees will be planted in
su cient quantities to meet the intent of this section. The director may require a certifying
statement from a Washington State licensed landscape architect, Washington-certi ed
professional horticulturalist (CPH), or certi ed arborist.
(3) If the site does not allow for planting of replacement trees, the trees may be planted (a) on an
alternative site within the city, or (b) on public property (such as in a city park) subject to the approval
of the public works director. If the trees are not planted on public property, guarantees shall be
provided (such as a conservation easement) to ensure that the replacement trees will not be
removed prior to reaching 18 inches DBH (at which time they will be considered signi cant trees).
(4) The director shall not authorize the planting of shrubs or bushes in lieu of required replacement
trees.
(5) For projects containing ve or fewer signi cant trees, the required replacement trees planted shall
be in addition to other required trees installed to satisfy street tree and landscaping bu er, parking
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lot, and other landscape area requirements. For projects on nonforested sites containing more than
ve signi cant trees, up to 75 percent of the required replacement trees to be planted may be
satis ed by planting trees within required or proposed landscaping areas including but not limited to
landscape bu ers and parking lot islands as speci ed in Chapter 20.128 POMC. For projects on
forested sites containing more than ve signi cant trees, up to 100 percent of the required
replacement trees to be planted may be satis ed by planting trees within required or proposed
landscaping areas including but not limited to landscape bu ers and parking lot islands as speci ed
in Chapter 20.128 POMC. For the purposes of this section, a site is considered forested if it contains
more than 20 signi cant trees per acre.
(6) Guidelines for Signi cant Tree Replacement. The following guidelines and requirements shall
apply to signi cant tree replacement:
(a) When individual trees or tree stands are protected, replacement trees should be planted to
reestablish or enhance tree clusters where they previously existed.
(b) Replacement trees shall be planted in locations appropriate to the species’ growth habit and
horticultural requirements.
(c) Replacement trees shall be planted in areas that connect or are adjacent to native growth
protection areas or other open space, where appropriate.
(d) Replacement trees shall be integrated into the required landscape plans, if any, for a
development.
(e) Replacement trees to be planted next to or under power lines shall be selected with
consideration of the trees’ maturation and maintenance requirements. (Ord. 011-19 § 4 (Exh. 1)).
20.129.050 Retention and protection of signi cant trees associated with
development proposals.
(1) Signi cant Tree Retention Plan. The applicant or property owner shall submit a tree retention plan
prepared by a certi ed arborist, horticulturalist, landscape architect, forester or other quali ed
professional concurrent with the underlying development permit application (such as a land
disturbing activity, short subdivision, binding site plan, conditional use, building, or preliminary
subdivision permit application), whichever is reviewed and approved rst. The tree retention plan
shall consist of:
(a) A tree survey that identi es the location, size, and species of individual signi cant trees or the
perimeter of stands of trees on a site;
(b) Identi cation of the signi cant trees that are proposed to be retained; andPage 132 of 134
(c) The location and design of root protection during construction and development activities.
(2) Exemption. Signi cant tree retention plans shall not be required for the construction of a
detached house or backyard cottage, but these projects shall comply with all other sections of this
chapter.
(3) Protection of Signi cant Trees. To provide protection for signi cant trees that are to remain during
and after development activity the following standards apply:
(a) Prior to construction, grading, or other land development, each root protection zone is
identi ed with a temporary chain-link or orange mesh fence with a minimum height of ve feet.
(b) No impervious surfaces, ll, excavation, or storage of construction materials shall be
permitted within the root protection zone.
(c) Alternative protection methods may be used if determined by the director to provide equal or
greater signi cant tree protection. (Ord. 011-19 § 4 (Exh. 1)).
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