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09/08/2020 - Regular - PacketCity of Port Orchard Council Meeting Agenda September 8, 2020 6:30 p.m. Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in-person) to hear each other at the same time. Therefore; Remote access only Link: https://us02web.zoom.us/j/81777204475 Zoom Meeting ID: 817 7720 4475 Zoom Call-In: 1 253 215 8782 1.CALL TO ORDER A.Pledge of Allegiance 2.APPROVAL OF AGENDA 3.CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4.CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A.Approval of Vouchers and Electronic Payments B.Approval of Payroll and Direct Deposits C.Approval of the August 11, 2020, Council Meeting Minutes Page 4 D.Approval of the August 18, 2020, Council Meeting Minutes Page 8 E.Excusal of Councilmember Lucarelli for Personal Obligations 5.PRESENTATION A.South Kitsap Fire & Rescue Bond (Fire Chief Faucett) 6.PUBLIC HEARING 7.BUSINESS ITEMS A.Adoption of an Ordinance Amending the 2019-2020 Biennial Budget (Crocker) Page 13 B.Adoption of an Ordinance Ratifying Proclamation and Emergency Order Suspending POMC Chapter 6.20 Prohibiting Single-Use Plastic Bags (Archer) Page 20 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair 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, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair 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 Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. September 8, 2020, Meeting Agenda Page 2 of 3 C. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Rinearson) Page 26 D. Adoption of a Resolution Adopting the Revision of the Kitsap County Multi-Hazard Mitigation Plan (Rinearson) Page 30 E. Adoption of a Resolution Approving a Purchase and Sale Agreement with Kitsap County for Bethel Road Corridor Properties (Crocker) Page 34 F. Adoption of a Resolution Approving Reimbursement to the City of Port Orchard of Real Property Purchase Expenditures Paid by the City Prior to Financing (Crocker) Page 49 G. Approval of a Change Order No. 1 to Contract No. 057-20 with Advanced Diving Services, Inc. for the 2020 In-Service Cleaning & Inspection of Potable Water Storage Tanks Utilizing Commercial Divers (Dorsey) Page 51 H. Approval of Supplemental Agreement No. 1 to Contract No. 072-18 with Tierra ROW Services, LTD Regarding the Bay Street Pedestrian Pathway Project (Dorsey) Page 54 8. DISCUSSION ITEMS (No Action to be Taken) A. Potential Revisions to Port Orchard Municipal Code Chapter 20.39.040 (Use Table) to Amend Allowed Zones for Fireworks Sales as an Accessory Use (Bond) Page 62 B. Ruby Creek Neighborhood Subarea Plan and Development Regulations (Bond) Page 69 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance September 8, 2020; 5:00pm - 2nd Tuesday of each month Remote Access Economic Development and Tourism September 14, 2020; 9:30am - 2nd Monday of each month Remote Access Utilities September 15, 2020; 5:00pm - 3rd Tuesday of each month Remote Access Sewer Advisory September 16, 2020; 6:30pm TBD Land Use October 5, 2020; 9:30am – 1st Monday of each month Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. September 8, 2020, Meeting Agenda Page 3 of 3 Transportation September 22, 2020; 5:00pm; 4th Tuesday of each month Remote Access Lodging Tax Advisory October, 2020 TBD Festival of Chimes & Lights September 21, 2020; 3:30pm Remote Access Outside Agency Committees Varies Varies CITY COUNCIL GOOD OF THE ORDER City of Port Orchard Council Meeting Minutes Regular Meeting of August 11, 2020 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Mayor Pro-Tem Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Community Development Director Bond, Finance Director Crocker, City Attorney Archer, Police Chief Brown, HR Coordinator Lund, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 80162 through 80196 and 80201 through 80252, including bank drafts in the amount of $770,314.71 and EFT’s in the amount of $2,693.45 totaling $773,008.16. 4 of 110 B. Approval of Payroll Check Nos. 80197 through 80200 including bank drafts and EFT’s in the amount of $142,774.65; and Direct Deposits in the amount of $178,741.64 totaling $321,516.29. C. Approval of the July 21, 2020, Council Work Study Meeting Minutes D. Approval of the July 28, 2020, Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the consent agenda. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Accepting a Cash Donation from Rotary Club of South Kitsap for Etta Turner Park MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an Ordinance accepting a donation in the amount of $15,000 from the Rotary Club of South Kitsap for the purposes of improving the Etta Turner Memorial Park. The motion carried. (Ordinance No. 020-20) B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 20.68 Accessory Dwelling Units MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt an ordinance amending the accessory dwelling units code in POMC Chapter 20.68, as presented. The motion carried. (Ordinance No. 021-20) C. Approval of Amending Personnel Policy 4.2 and Adopt Personnel Policy 4.8 Related to Telecommuting 5 of 110 MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to amend personnel policy 4.2 and adopt personnel policy 4.8 related to Telecommuting and authorize the Mayor to implement the policies as presented. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the August 11th Finance Committee meeting. Councilmember Ashby reported on the August 10th Economic Development and Tourism Committee meeting. The next meeting is scheduled for the second Monday in September [September 14th]. The Transportation Committee meeting is scheduled for August 17th. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet September 15th. Mayor Putaansuu reported the Sewer Advisory Committee is scheduled to meet September 16th. He also reported on the Housing Kitsap Board meeting and special Public Health Board meeting. Councilmember Diener reported the Land Use Committee is scheduled to meet August 31st. 10. REPORT OF MAYOR The Mayor reported on the following: • August council meetings; and • Port Orchard Cares grants. In response to Mayor Putaansuu, the City Council had no concerns about seeking additional applicants for the Port Orchard Cares grant program. • Community center updates; • Blackjack cleanup; • Maritime Heritage Steering Committee; • Retirement of Deputy Chief; • Gorst Coalition; • Tank cleaning contract; and • Marina breakwater project. 6 of 110 11. REPORT OF DEPARTMENT HEADS Police Chief reported on police promotions and urged Council to reach out to him regarding accreditation and what it would bring to the City. City Clerk Rinearson reported on updates to hanging banners. City Attorney Archer reported the OPMA [Open Public Meetings Act] proclamation has been extended until September 1st. The proclamation regarding water shut off’s and late payments has been extended until October 15th. Community Development Director Bond reported on the parks plan survey. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION At 7:17 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session related to real estate matters pursuant to RCW 42.30.110(1)(i) held pursuant to RCW 42.30.110(1)(b) to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; and pursuant to RCW 42.30.110(1)(i) subpart (3), to discuss risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the city, with no action to be taken. City Attorney Archer, Community Development Director Bond, Finance Director Crocker, were invited to attend and Mayor Putaansuu announced no action will follow. At 7:32 p.m., Mayor Putaansuu reconvened the meeting back into session. 14. ADJOURNMENT The meeting adjourned at 7:32 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor 7 of 110 City of Port Orchard Council Meeting Minutes Regular Meeting of August 18, 2020 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Present via Remote Access Councilmember Lucarelli Present via Remote Access Mayor Pro-Tem Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Public Works Director Dorsey, Community Development Director Bond, Finance Director Crocker, City Attorney Archer, Police Chief Brown, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS Mark Trenary, South Kitsap Rotary Club, thanked the City for continuing to improve the pathway and our community. 8 of 110 4. CONSENT AGENDA A. Approval of Voucher Nos. 80253 through 80299, including bank drafts in the amount of $117,145.26 and EFT’s in the amount of $8.59 totaling $117,153.85. B. Approval of Payroll Check Nos. 0 through 0 including bank drafts and EFT’s in the amount of $0; and Direct Deposits in the amount of $0 totaling $0. MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to accept the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Update to the City’s Development Fees Resolution Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:35 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Accepting Three Benches Donated from Rotary Club of South Kitsap for Additional Seating Along the Waterfront MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to adopt an Ordinance accepting a donation of the three benches valued at an estimated amount of $9,336 from the Rotary Club of South Kitsap and the use of City Staff resources to install the donation for the purposes of adding seating along the waterfront pathway. The motion carried. (Ordinance No. 022-20) B. Adoption of an Ordinance Adopting a New Section 20.02.070 of the Port Orchard Municipal Code (POMC) Authorizing Adoption and Updates to Certain Fees by Resolution MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt an ordinance adopting a new Section 20.02.070 POMC, authorizing the City Council to adopt and update fees by resolution relating to the administration of Title 20 POMC regarding applications, permits, appeals, and other land use and development services. 9 of 110 The motion carried. (Ordinance No. 023-20) C. Adoption of a Resolution Updating the Fee Schedules for the Departments of Community Development and Public Works MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a Resolution repealing Resolution 019-08 and Resolution 046-18 and establishing fee schedules for the departments of Community Development and Public Works as presented. The motion carried. (Resolution No. 034-20) D. Adoption of a Resolution Approving a Contract with Pape and Sons Construction for the Maple Avenue Water Main Project MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt Resolution No. 025-20, thereby approving and authorizing the Mayor to sign Contract No. C058-20 with Pape and Sons Construction, Inc in the amount of $1,272,629.50 (applicable taxes included) for the Maple Avenue Water Main Project. The motion carried. (Resolution No. 025-20 and Contract No. 058-20) E. Approval of Amendment No. 1 to Contract No. 039-18, with BHC Consultants, LLC for the Well No. 13 Project MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the Mayor to execute Amendment No. 1 to Contract No. 039-18 with BHC Consulting, LLC, for the for the Well #13 Project in the amount of $337,200 (for a total amended contract amount of $1,255,110.00). The motion carried. F. Approval of Change Order No. 3 to Contract No. 077-18, with Schneider Equipment, Inc. for the Well No. 13 Drilling Project MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the Mayor to execute Change Order #3 with Schneider Equipment, Inc in the amount of $20,609.33. The motion carried. 10 of 110 8. DISCUSSION ITEMS (No Action to be Taken) A. Sewer Facility Charge Cashflow Finance Director Crocker spoke to the Sewer Capital Facility Charge Cashflow for 2021-2022 noting this is a continued conversation. He discussed sewer connections anticipated to occur from 2021- 2022; only includes sewer connections that are not credit eligible; sewer system capital improvement plan; inflation and interest costs; ‘what-if’ scenarios; debt services; and the Marina Pump Station project. Discussions were held regarding current projects; Finance Committee conversations and recommendations; budget; and when to bring this forward for adoption. Council Direction: No direction was given. B. Lodging Tax Funding Allocations for 2021 City Clerk Rinearson explained around this time each year, staff solicits applicants to apply for Lodging Tax funds that are used for tourism and marketing of the City to attract tourists. At the August 10, 2020, Economic Development/Tourism committee meeting, committee members and staff discussed options on how the City should proceed in the funding allocation process for 2021, due to the amount of estimated revenue coming in lower than anticipated and with a significant amount of funds for 2020 not being expended. She provided some of the comments made during the meeting on how to move forward with the funding. Discussions were held regarding what other jurisdictions are doing; current pandemic situation; projected allocations; bringing tourists to Port Orchard; revenues; asking organizations to reapply; allocation amounts; marketing Port Orchard and events and festivals; using a phased approach; and historical funding allocations. Council Direction: Move forward with the Lodging Tax application process for 2021 but only for tourism marketing and with an estimated amount of $100,000. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet September 8th. The Economic Development and Tourism Committee is scheduled to meet September 14th. The Utilities Committee is scheduled to meet September 15th. The Sewer Advisory Committee is scheduled to meet September 16th. The Land Use Committee is scheduled to meet August 31st. Councilmembers Ashby reported on the August 17th Transportation Committee meeting. The next meeting is scheduled for September 24th. 11 of 110 Mayor Putaansuu reported on several grant applications. Councilmember Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet August 24th. Mayor Putaansuu reported on the Kitsap Public Health Board and he and Councilmember Clauson reported on ferry updates and sea trials. 10.REPORT OF MAYOR The Mayor reported on the following: •No meeting next week; •Port Orchard Cares Grant updates; •Community Center meetings; and •Bethel right-of-way updates. 11.REPORT OF DEPARTMENT HEADS Police Chief Brown reported on lateral position interviews; accreditations; and new Deputy Chief Donna Main and new sergeants. Finance Director Crocker reported on the City’s organizational assessment. Development Director Bond reported on hearing examiner’s decisions on several projects. 12.CITIZEN COMMENTS There were no citizen comments. 13.EXECUTIVE SESSION 14.ADJOURNMENT The meeting adjourned at 8:24 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor 12 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: September 8, 2020 Subject: Adoption of an Ordinance Amending Prepared by: Noah D. Crocker the 2019-2020 Biennial Budget Finance Director Atty Routing No: N/A Atty Review Date: N/A Adopting Ordinance No. 0XX-20, amending the 2019 – 2020 Biennial Budget as adopted by Ordinance No. 036-18 and amended by Ordinance No. 044-19. The public may comment on the amendment following its presentation. Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by Budget Amendment. The proposed budget amendment is intended to capture corrections as well as significant changes not included in the current 2019-2020 biennial budget. The Budget Amendment Ordinance reflects the following: 1. Highlights include: a. Fund 206-Debt Service Fund increase expenditure and revenue by $2,982 b. Fund 111-Impact Fee increase expenditure authority by $365,000 c. Fund 111-Impact Fee reduce ending fund balance by $365,000 d. Fund 304-Street Capital Construction increase beginning fund balance by $514,790 e. Fund 304-Street Capital Construction increased revenue by $2,179,916 i. $1,814,916 related to recognizing grant revenue for Tremont ii. $365,000 related to transfer revenue from Fund 111 f. Fund 304-Street Capital Construction increase expenditure authority by $2,002,331 i. $900,000 ($535,000 +365,000) for purchase of Bethel property ii. $1,102,331 related to completing Tremont project g. Fund 304-Street Capital Construction increase ending fund balance by $692,375 h. Fund 423- Storm Drainage Capital increased revenue by $290,297 to recognize grant revenue received for Tremont i. Fund 423- Storm Drainage Capital increased expenditure authority by $531,000 related to the purchase of Bethel Property j. Fund 423- Storm Drainage Capital decrease ending fund balance by $240,703 13 of 110 Item a is necessary to fully fund the debt service obligation of the City. An interest payment was missed during the biennial budget and is corrected with this amendment. Items b thru j relate to the purchase of Bethel Road properties (see below for further details) and corrections/modifications for the Tremont project. Bethel Road Purchase: The City of Port Orchard is purchasing right of way necessary to do future improvements for Bethel road. The purchase and sale agreement is expected to be approved by council resolution. The City has agreed to a purchase price of $1,415,000 for the five parcels and will pay appropriate closing cost for a total estimated cost is $1,431,000. The City intends to use the following sources of funds for the acquisition: 1) Fund 304: LTGO 2017 remaining bond proceeds: ~$535,000 2) Fund 111: Transportation Impact Fee’s: ~$365,000 3) Fund 423: Storm Drainage Capital: ~$531,000 Fund 111 will contribute $365,000 from Transportation Impact Fee revenue for the purchase. The City will transfer $365,000 from Fund 111 to Fund 304. Fund 304 will then pay $900,000 ($535,000 + $365,000) towards the purchase. Fund 423 will pay the remaining $531,000 towards the purchase. Recommendation: The Finance Director recommends adoption of Ordinance No. 00X-20 amending the 2019–2020 Biennial Budget. Relationship to Comprehensive Plan: Transportation and Storm Water Improvements Motion for consideration: I move to adopt Ordinance No. 0XX-20, amending the 2019 – 2020 Biennial Budgets for the City of Port Orchard. Fiscal Impact: The 2019 – 2020 Biennial Budget is impacted as follows: 14 of 110 Fund 111: Impact Fees 2019-2020 Total Biennial Budget Adjustments 2019-2020 Biennial Amended Budget Beginning Fund Balance 1,440,068$ -$ 1,440,068$ Revenues 280,000$ -$ 280,000$ Expenses 519,328$ 365,000$ 884,328$ Ending Fund Balance 1,200,740$ (365,000)$ 835,740$ Fund 206: Bond Fund 2019-2020 Total Biennial Budget Adjustments 2019-2020 Biennial Amended Budget Beginning Fund Balance -$ -$ -$ Revenues 757,383$ 2,982$ 760,365$ Expenses 757,383$ 2,982$ 760,365$ Ending Fund Balance -$ -$ -$ Fund 304: Street Capital Projects 2019-2020 Total Biennial Budget Adjustments 2019-2020 Biennial Amended Budget Beginning Fund Balance 1,572,309$ 514,790$ 2,087,099$ Revenues 5,030,785$ 2,179,916$ 7,210,701$ Expenses 6,242,500$ 2,002,331$ 8,244,831$ Ending Fund Balance 360,594$ 692,375$ 1,052,969$ Fund 423: Storm Drainage Capital 2019-2020 Total Biennial Budget Adjustments 2019-2020 Biennial Amended Budget Beginning Fund Balance 969,703$ -$ 969,703$ Revenues -$ 290,297$ 290,297$ Expenses 700,000$ 531,000$ 1,231,000$ Ending Fund Balance 501,640$ (240,703)$ 29,000$ Alternatives: Do not authorize and provide alternative guidance. Attachments: Ordinance. 15 of 110 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2019–2020 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 036-18 AND AMENDED BY ORDINANCE NO. 044-19, TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2019– 2020 BIENNIAL BUDGET; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2019 – 2020 Biennial Budget by Ordinance No.036-18, and amended by Ordinance No. 044-19; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2019 – 2020 Biennial Budget; and WHEREAS, the City desires to adjust budgeted beginning fund balances to reflect more closely the actual beginning fund balances as of January 1, 2019; and WHEREAS, the City desires to adjust ending fund balances by incorporating changes in beginning fund balance, revenues, and expense; and WHEREAS, the Council desires to adjust the budget for additional revenues identified for fund 206, 304, 423; and WHEREAS, for the Impact Fee 111 Fund, the Council desires to provide an appropriation from city transportation impact fee ending fund balance for a transfer to the Street capital construction fund 304 to pay for the acquisition of Bethel Road properties; and WHEREAS, for the Debt Service 206 Fund, the Council desires to provide an appropriation for debt service payments not included in the original budget as well as recognizing additional transfer in revenue to make the payments; and WHEREAS, for the Street Capital Construction 304 Fund, the Council desires to provide additional appropriations for the Tremont project, provide new budget authority for the acquisition of the Bethel Road Properties and recognizing the grant revenue received for the Tremont project; and 16 of 110 WHEREAS, for the Storm Drainage Capital 423 Fund, the Council provides additional expenditure authority for the acquisition of the Bethel Road Properties and recognizing the grant revenue received for the Tremont project; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2019 – 2020 Biennial Budget is amended to reflect the following: 17 of 110 2019-2020 Biennial Budget Ordinance-036-18 Adjustment Ordinance-044-19 Adjustment Ordinance-XXX-20 001 Current Expense Fund Revenue 23,143,600$ 2,342,596$ 25,486,196$ -$ 25,486,196$ Expense 23,143,600$ 2,342,596$ 25,486,196$ -$ 25,486,196$ 002 City Street Revenue 4,021,508$ 480,954$ 4,502,462$ -$ 4,502,462$ Expense 4,021,508$ 480,954$ 4,502,462$ -$ 4,502,462$ 003 Stabilization Revenue 1,311,900$ 788,100$ 2,100,000$ -$ 2,100,000$ Expense 1,311,900$ 788,100$ 2,100,000$ -$ 2,100,000$ 103 Criminal Justice Revenue 930,873$ 72,228$ 1,003,101$ -$ 1,003,101$ Expense 930,873$ 72,228$ 1,003,101$ -$ 1,003,101$ 104 Special Investigative Unit Revenue 70,000$ 15,461$ 85,461$ -$ 85,461$ Expense 70,000$ 15,461$ 85,461$ -$ 85,461$ 107 Community Events Revenue 252,500$ 82,746$ 335,246$ -$ 335,246$ Expense 252,500$ 82,746$ 335,246$ -$ 335,246$ 108 Paths & Trails Revenue 9,780$ 677$ 10,457$ -$ 10,457$ Expense 9,780$ 677$ 10,457$ -$ 10,457$ 109 Real Estate Excise Tax Revenue 3,496,331$ (86,385)$ 3,409,946$ -$ 3,409,946$ Expense 3,496,331$ (86,385)$ 3,409,946$ -$ 3,409,946$ 111 Impact Fee Revenue 1,649,638$ 70,430$ 1,720,068$ -$ 1,720,068$ Expense 1,649,638$ 70,430$ 1,720,068$ -$ 1,720,068$ 206 Bond Redemption Fund Revenue 757,383$ -$ 757,383$ 2,982$ 760,365$ Expense 757,383$ -$ 757,383$ 2,982$ 760,365$ 302 Capital Construction Revenue 818,000$ 155,715$ 973,715$ -$ 973,715$ Expense 818,000$ 155,715$ 973,715$ -$ 973,715$ 304 Street Capital Projects Revenue 5,475,094$ 1,128,000$ 6,603,094$ 2,694,706$ 9,297,800$ Expense 5,475,094$ 1,128,000$ 6,603,094$ 2,694,706$ 9,297,800$ 401 Water-Sewer Utilities Revenue 2,000,000$ 1,435,558$ 3,435,558$ -$ 3,435,558$ Expense 2,000,000$ 1,435,558$ 3,435,558$ -$ 3,435,558$ 403 Water-Sewer Cumulative Reserve Revenue 4,867,000$ 732,427$ 5,599,427$ -$ 5,599,427$ Expense 4,867,000$ 732,427$ 5,599,427$ -$ 5,599,427$ 411 Water - Operations Revenue 7,427,300$ 717,779$ 8,145,079$ -$ 8,145,079$ Expense 7,427,300$ 717,779$ 8,145,079$ -$ 8,145,079$ 412 Water - Stabilization Revenue 390,000$ -$ 390,000$ -$ 390,000$ Expense 390,000$ -$ 390,000$ -$ 390,000$ 413 Water - Capital Projects Revenue 8,530,500$ 314,944$ 8,845,444$ -$ 8,845,444$ Expense 8,530,500$ 314,944$ 8,845,444$ -$ 8,845,444$ 414 Water - Debt Service Revenue 130,128$ -$ 130,128$ -$ 130,128$ Expense 130,128$ -$ 130,128$ -$ 130,128$ 421 Storm Drainage - Operations Revenue 4,328,822$ 733,835$ 5,062,657$ -$ 5,062,657$ Expense 4,328,822$ 733,835$ 5,062,657$ -$ 5,062,657$ 422 Storm Drainage - Stabilization Revenue 175,200$ -$ 175,200$ -$ 175,200$ Expense 175,200$ -$ 175,200$ -$ 175,200$ 423 Storm Drainage - Capital Projects Revenue 670,440$ 299,263$ 969,703$ 290,297$ 1,260,000$ Expense 670,440$ 299,263$ 969,703$ 290,297$ 1,260,000$ 424 Storm Drainage - Debt Service Revenue 354,754$ -$ 354,754$ -$ 354,754$ Expense 354,754$ -$ 354,754$ -$ 354,754$ 431 Sewer - Operations Revenue 11,425,600$ 717,779$ 12,143,379$ -$ 12,143,379$ Expense 11,425,600$ 717,779$ 12,143,379$ -$ 12,143,379$ 432 Sewer - Stabilization Revenue 606,700$ -$ 606,700$ -$ 606,700$ Expense 606,700$ -$ 606,700$ -$ 606,700$ 433 Sewer - Capital Projects Revenue 9,469,000$ 1,201,483$ 10,670,483$ -$ 10,670,483$ Expense 9,469,000$ 1,201,483$ 10,670,483$ -$ 10,670,483$ 434 Sewer - Debt Service Revenue 30,128$ -$ 30,128$ -$ 30,128$ Expense 30,128$ -$ 30,128$ -$ 30,128$ 500 ER&R Revenue 5,242,637$ 149,040$ 5,391,677$ -$ 5,391,677$ Expense 5,242,637$ 149,040$ 5,391,677$ -$ 5,391,677$ Grand Total Revenue 97,584,816$ 11,352,630$ 108,937,446$ 2,987,985$ 111,925,431$ Grand Total Expense 97,584,816$ 11,352,630$ 108,937,446$ 2,987,985$ 111,925,431$ 18 of 110 SECTION 2. 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 8th day of September 2020. Rob Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlie A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: 19 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: September 8, 2020 Subject: Adoption of an Ordinance Ratifying Prepared by: Charlotte Archer Proclamation and Emergency Order City Attorney Suspending Port Orchard Municipal Code Atty Routing No.: N/A Chapter 6.20 Prohibiting Single-Use Plastic Atty Review Date: N/A Bags Summary: On March 24, 2020, the Mayor issued a Proclamation of Local Emergency and Emergency Order temporarily suspending the enforcement of Port Orchard Municipal Code Chapter 6.20, prohibiting the use of single-use plastic bags in certain circumstances. That Proclamation was extended on June 23, 2020, for an additional ninety (90) days, and currently expires on September 21, 2020. Following the guidance from the CDC, many local agencies suspended this prohibition during the COVID-19 pandemic to reduce the spread of the disease through the use of reusable bags from home, and by allowing retail stores to use disposable single-use bags. This was brought forward to Council in early July 2020 for ratification and the Council requested that the suspension be through the end of the 2020 considering the likelihood that the pandemic will continue during that timeframe. By this Ordinance, the Council would ratify the Mayor’s Proclamation, and also take independent action to extend the temporary suspension of POMC Ch. 6.20 until 11:59 PM on December 31, 2020. Note: The Washington state legislature recently passed, and Governor Inslee signed, Engrossed Substitute Senate Bill 5323, effective June 11, 2020, which prohibits retail establishments from providing single-use plastic bags to customers in certain circumstances beginning January 1, 2021. That law does not preempt the City’s regulations until January 1, 2021. Recommendation: Adopt an Ordinance ratifying the Mayor’s Proclamation and extending the suspension of POMC Ch. 6.20 to the end of 2020. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt an Ordinance ratifying the Mayor’s Emergency Proclamation and Temporary Suspension of Chapter 6.20 of the POMC prohibiting single-use plastic bags, and to extend the suspension to the end of 2020.” Fiscal Impact: Unknown. Alternatives: N/A Attachments: Ordinance. 20 of 110 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PLASTIC BAG REDUCTION POLICY; RATIFYING EMERGENCY PROCLAMATION AND SUSPENSION OF CHAPTER 6.20 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 29, 2020, the Governor of the State of Washington proclaimed State of Emergency in Washington due to the spread of the novel coronavirus COVID-19; and WHEREAS, that proclamation was immediately followed by directives from the World Health Organization, President of the United States, and federal, state and local health officials, confirming the existence of a pandemic threatening public health and safety; and WHEREAS, on March 16, 2020, the Mayor of Port Orchard issued a Proclamation of Local Emergency, and that proclamation was ratified by the City Council; and WHEREAS, since the outset of this pandemic the Centers for Disease Control and Prevention (CDC) has recommended “extensive community mitigation activities” to slow the spread of, and minimize morbidity and mortality caused by, COVID-19; and WHEREAS, the CDC and other health officials have identified protective measures necessary for local governments, businesses and residents to take to prevent the spread of the disease; and WHEREAS, to mitigate and reduce the transmission of COVID-19, it is an appropriate and responsible mitigation measure to allow retail establishments to provide single-use paper or plastic bags to customers, so as to limit the use of reusable bags from homes; and WHEREAS, on March 24, 2020, the Mayor issued a Proclamation and Emergency Rule establishing a temporary suspension of Chapter 6.20 of the Port Orchard Municipal Code regarding a Single-Use Plastic Bag Prohibition, and that Proclamation was extended by the Mayor for an additional ninety-day period on June 23, 2020; and WHEREAS, information from public health officials indicates that the COVID-19 pandemic is likely to last the remainder of 2020, and potentially into early 2021; and WHEREAS, the City Council finds that it is in the best interest of the public health and welfare, including the health of those employed in the retail industry, to temporarily suspend the regulations adopted under Chapter 6.20 POMC, “Plastic Bag Reduction” which precludes the use of single-use plastic bags or requires a $0.08 charge for a recycled paper carryout bag or reusable carryout bag; now, therefore, 21 of 110 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. Ratification. The City Council hereby ratifies the Mayor’s Proclamation & Issuance of Emergency Rule: Temporary Suspension of Chapter 6.20 POMC, Single-Use Plastic Bag Prohibition, issued on March 24, 2020 and extended. The Council hereby ratifies and affirms any act consistent with the authority set herein and prior to the effective date of this Ordinance. SECTION 3. Suspension. The City Council hereby suspends the provisions of Chapter 6.20 POMC until 11:59 PM on December 31, 2020. 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. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 6. 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 8th day of August 2020. Robert Putaansuu, Mayor ATTEST: 22 of 110 Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Jay Rosapepe, Councilmember PUBLISHED: EFFECTIVE DATE: 23 of 110 City of Port Orchard EXTENSION OF PROCLAMATION & ISSUANCE OF EMERGENCY RULE: TEMPORARY SUSPENSION OF CHAPTER 6.20 POMC SINGLE-USE PLASTIC BAG PROHIBITION WHEREAS, the global health pandemic due to the novel coronavirus COVID-I9 continues to threaten the public health and safety of the City's residents; and WHEREAS, on February 29.2020, the Governor of the State of Washington proclaimed a State of Emergency due to COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization classified the global spread of COVID-19 as a pandemic, and urged all governments to take action now to stem the spread of the disease; and WHEREAS, on March 13,2020. the President of the United States declared a national emergency due to the COVID-19 pandemic; and WHEREAS, on March 16,2020, the Mayor issued a Proclamation of Local Emergency, pertaining to the spread of the novel coronavirus known and COVID-l9, and also proclaimed that emergency operations under Chapter 2.80 of the Port Orchard Municipal Code (POMC) and the utilization of emergency powers granted under RCW 38.52.070 were in effect, and the City Council ratified the same; and WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends "extensive community mitigation activities" to slow the spread of, and minimize morbidity and mortality caused by, COVID-19; and WHEREASE, on March 23, the Governor issued a "stay at home" order and expanded protections against COVID-19; and WHEREAS, to mitigate and reduce the transmission of COVID-I9, it is an appropriate and responsible mitigation measure to allow retail establishments to provide single-use paper or plastic bags to customers, so as to limit the use of reusable bags from homes; and WHEREAS. RCW 38.52.070 establishes emergency and disaster response powers, and authorizes the City to, among other things, take steps to protect the health and safety of persons and property; and WHEREAS, under the emergency powers authorized under POMC 2.80.210, during a declared emergency the Mayor is authorized to take emergency protective measures deemed appropriate; and WHEREAS, the Mayor finds that it is in the best interest of the public health and welfare, 24 of 110 including the health of those employed in the retail industry, to temporarily suspend the regulations adopted under Chapter 6.20 POMC, "Plastic Bag Reduction" which precludes the use of single-use plastic bags or requires a $0.08 charge for a recycled paper carryout bag or reusable carryout bag; NOW, THEREFORE, THE MAYOR OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY PROCLAIMS THE FOLLOWING: 1. Recitals. The recitals set forth above, which are incorporated herein by reference, are adopted as findings in support of the emergency rule established by this proclamation. 2. Pandemic Emergency Rule: Suspension of Ch. 6.20 POMC. Plastic Bag Reduction Policy: The Mayor hereby issues the following emergency rule: A. Chapter 6.20 of the Port Orchard Municipal Code is hereafter suspended for the duration identified herein. This suspension includes, but is not limited to, those regulations that prohibit retail establishments in the City from providing single-use plastic carryout bags to customers. B. Retail establishments are not required to charge $0.08 for providing recycled paper carryout bags or reusable carryout bags to customers. 3. Effective date. This proclamation and emergency rule shall be in full force and effect upon signature of the Mayor, and shall expire in ninety (90) days, unless the Mayor determines an extension is necessary for public health. This emergency rule shall be submitted to the City Council for ratification at the earliest practicable time. Dated this 23'd day of June,2020. Robert Mayor ATTESTED City Clerk =_$$Jixri{f#e, B SEAL 25 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: September 8, 2020 Subject: Adoption of a Resolution Approving Prepared by: Brandy Rinearson, MMC Mayoral Appointments to the Lodging City Clerk Tax Advisory Committee Atty Routing No.: N/A Atty Review Date: N/A Summary: Pursuant to Port Orchard Municipal Code 2.22 and State law, the City Council shall review the membership of the Lodging Tax Advisory Committee (LTAC) annually and make appropriate changes by recommendation of the Mayor. The Mayor is recommending a representative from the following organizations/businesses to serve on the LTAC, upon Council’s acceptance: A business required to collect the tax: • Red Lion Inn & Suites; and • Mrs. Howes Bed and Breakfast. An organization involved in activities: • Fathoms O’ Fun Festival, Inc.; and • Port Orchard Bay Street Association. On August 20, 2019, Council adopted Resolution 025-19, appointing Councilmember Rosapepe as the Chair of the committee. Relationship to Comprehensive Plan: None. Recommendation: The Mayor recommends approving the appointment of members and Chair confirmation as presented. Motion for consideration: I move to adopt a resolution approving the Mayor’s appointment of a representative from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as businesses required to collect the tax; Fathoms O’ Fun Festival, Inc. and Port Orchard Bay Street Association as organizations involved in activities to serve on the Lodging Tax Advisory Committee; and to confirm the re-appointment of Councilmember Rosapepe as Chair of the committee. Fiscal Impact: None. Alternatives: Deny the Mayor’s recommendation. Attachments: Resolution and committee history. 26 of 110 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS AND CHAIR TO THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, the Mayor is authorized by RCW 67.28.1817 to review the membership of the Lodging Tax Advisory Committee annually and to make changes as appropriate; and WHERAS, the Mayor has reviewed the committee membership and recommends representatives from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as businesses required to collect the tax; and Fathoms O’ Fun Festival, Inc. and Port Orchard Bay Street Association as organizations involved in activities, and WHEREAS, pursuant to Resolution No. 025-19, the City Council confirmed Councilmember Rosapepe to be the chair of the Lodging Tax Committee; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard approves of the Mayor’s recommendations for representatives from Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast as businesses required to collect the tax, and Fathoms O’ Fun Festival, Inc. and Port Orchard Bay Street Association as organizations involved in activities to serve on the Lodging Tax Advisory Committee. THAT: Councilmember Rosapepe is confirmed as the Chair of the committee. 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 8th day of September 2020. Rob Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 27 of 110 City of Port Orchard Lodging Tax Advisory Committee Board Members Group 2020-2021 2019-2020 2018-2019 2017-2018 Chair Rosapepe Rosapepe Rosapepe Chang KPVCB/Visit Kitsap Port Orchard Chamber Matt Murphy Matt Murphy Fathoms O'Fun Sharron King Amy's on the Bay/POBSA Concerts by the Bay Sidney Art Museum Bay St Assn/POBSA Coreen Haydock Chimes & Lights Saints Car Club Keith Woyshnis Keith Woyshnis Givens Center Port of Bremerton Kathy Garcia Jingle Bell Run Sheila Cline Kitsap Harbor Festival Explore Port Orchard Cedar Cove Association Holiday Inn/Comfort Inn Chan Park Red Lion Inn & Suites Jenny Richardson Days Inn Jack Edwards Jack Edwards Vista Motel Cedar Cove B&B Kathy Michael Hidden Treasures B&B Mrs. Howe's B&B Lorraine Olson Lorraine Olsen Lorrain Olsen Guest House Inn 28 of 110 2016-2017 2015-2016 2014-2015 2013-2014 2012-2013 Chang Chang Chang Chang Chang Kim Punt Matt Murphy Desiree Steffens Christine Daniels Desiree Steffens Jessie Turner Jessie Turner Jessie Turner Chris Stansbury Christine Stansbery Mary Peterson Bobbie Stewart Bobbi Stewart Bobbi Stewart Don Ryan Frank Graziani Frank Graziani Chan Park Chan Park Chan Park Chan Park Chan Park Stephen Saffell Kathy Michael Kathy Michael Kathy Michael Kathy Michael Kathy Michael Heather Cole Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen Lorraine Olsen 29 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: September 8, 2020 Subject: Adoption of a Resolution Adopting the Revision Prepared by: Brandy Rinearson, MMC of the Kitsap County Multi-Hazard Mitigation City Clerk Plan Atty Routing No: N/A Atty Review Date: N/A Summary: In the first part of 2020, the Kitsap County Board of County Commissioners adopted the new 2020-2025 Multi-Hazard Mitigation Plan which was approved by the state and FEMA in late December 2019. The department is now stepping away a little bit from the COVID-19 response, to ensure the cities also adopt this plan, as having it in place enables jurisdictions to apply for Flood Plain Management and Building Resilience in Communities (BRIC) grants, available for application in September, as well as other grants as they become available. City departments played a significant role in the development of the new plan and the Mitigation, Operations and GIS Officer will be working with the cities throughout the year to track progress, identify sources for funding and other information to support completion of the mitigation priorities identified in the 2020-2025 plan. Recommendation: Staff recommends adoption of a resolution adopting the revision of the Kitsap County Multi-Hazard Mitigation Plan. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution adopting the revision of the Kitsap County Multi- Hazard Mitigation Plan. Fiscal Impact: None Alternatives: Do not adopt the resolution. Attachments: Resolution, KCDEM letter dated August 18, 2020, KCDEM Resolution. Should you want a copy of the Hazard Identification & Vulnerability Assessment, and the Multi-Hazard Mitigation Plans, please contact the City Clerk’s office. 30 of 110 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON ADOPTING THE REVISION OF THE KITSAP COUNTY MULTI-HAZARD MITIGATION PLAN. WHEREAS, the Federal Disaster Mitigation Act of 2000 requires that all local organizations (governmental, tribal and not-for-profits), have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving Hazard Mitigation Grant Program (HMPG) funding; and WHEREAS, the Kitsap County Department of Emergency Management has previously prepared a Kitsap County Mitigation Multi-Hazard Plan and has recently revised the Plan and provided it to the Board of County Commissioners; and WHEREAS the Plan has been updated to ensure consistency with the federal Disaster Mitigation Act 2000; and WHEREAS, the Plan shall not necessarily imply advocacy of, or support for, individual mitigation initiatives proposed by other participating organizations, and the adoption of the plan shall be subject to limitations as defined in the Plan, and WHEREAS, the Council finds that adopting the Plan will promote the health, safety, and welfare of the citizens of Port Orchard; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The revised Kitsap County Multi-Hazard Mitigation Plan is hereby adopted. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 9th day of September 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 31 of 110 KITSAP COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT August 18, 2020 Mayor Rob Putaansuu City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Dear Mayor Putaansuu; On behalf of the Kitsap County Department of Emergency Management (KCDEM) staff, I would like to take the opportunity to thank you for your continued support of the Countywide Emergency Management Program, especially during this extended response to the COVID-19 Pandemic. These are truly interesting and difficult times for many in our community. In the first part of 2020, the Kitsap County Board of County Commissioners adopted the new 2020-2025 Multi-Hazard Mitigation Plan which was approved by the state and FEMA in late December 2019. The department is now stepping away a little bit from the COVID-19 response, to ensure the cities also adopt this plan, as having it in place enables jurisdictions to apply for Flood Plain Management and Building Resilience in Communities (BRIC) grants, available for application in September, as well as other grants as they become available. Your City departments played a significant role in the development of the new plan and our Mitigation, Operations and GIS Officer will be working with them throughout the year to track progress, identify sources for funding and other information to support completion of the mitigation priorities identified in the 2020-2025 plan. We respectfully request approval and adoption of the new Mitigation Plan be placed on your city council agenda, and we are available to support you as needed for any presentation or questions related. Thank you again for your support and the City’s participation as a member of the Emergency Management Council. We are here 24/7/365 to serve you and your constituents, so please call the department should you have questions about our services or programs, and call Kitsap 911 anytime to reach the KCDEM Duty Officer should the need arise. Respectfully, Elizabeth Klute, CEM Director EFK/mm Encl. 2020-2025 Kitsap County Multi-Hazard Mitigation Plan Elizabeth F. Klute, CEM Director KITSAP COUNTY EMERGENCY MANAGEMENT COUNCIL – 2020 City of Poulsbo Mayor Becky Erickson Council Chair City of Bremerton Mayor Greg Wheeler Council Vice-Chair Kitsap County Commissioner Edward E. Wolfe Immediate Past Chair City of Port Orchard Mayor Rob Putaansuu City of Bainbridge Island Councilman Kol Medina Main Offices 911 Carver Street Bremerton, WA 98312 360.307.5871 Fax: 360.478.9802 dem@co.kitsap.wa.us www.kitsapdem.org 32 of 110 RESOLUTION No.-2020 ADOPTION OI'REVISED KITSAP COUNTY MULTI-HAZARD MITIGATION PLAN WHEREAS, the Kitsap County Department of Emergency Management has reported the completion of the revision of the Kitsap County Multi-Hazard Mitigation Plan to the Board of County Commissioners; and WHEREAS, the plan has been updated to be in compliance with the Disaster Mitigation Act 2000 and in accordance with 44 CFR 201.6; and WHEREAS, the Multi-Hazard Mitigation Plan contains Hazard Mitigation Strategy Goals and Objectives and proposed sfi'ategies and actions to reduce short and long term vulnerability to the identified hazards; therefore, NOW THERF',ORE, BE IT RESOLVED BY TIrE COUNTY BOARD OF COMMISSIONERS: That the revised Kitsap County Multi-Hazard Mitigation Plan is hereby adopted. DArED,r,,, Xta"r or,Jarrt rqrt Daniels,the Board 2020 BOARD OF COI'NTY COMMISSIONERS couNTY, WASITINGTON CHARLOTTE GARRIDO, Chair RO Commissioner ARD E.Commissioner ATTEST:? 33 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: September 8, 2020 Subject: Adoption of a Resolution Approving Prepared by: Noah D. Crocker a Purchase and Sale Agreement with Finance Director Kitsap County for Bethel Road Atty Routing No.: N/A Corridor Properties Atty Review Date: N/A Summary: The City of Port Orchard has been in discussions with the County for the purchase of right of way necessary to do future improvements for Bethel Street including expansion of the roadway and stormwater retainage improvements. These improvements are included in the City of Port Orchard Comprehensive Plan for both Transportation and Storm Drainage improvements. The purchase includes five parcels identified in the Purchase and Sale Agreement, which is Exhibit A to the Resolution (Bethel Road Corridor Properties). The total appraisal value of the five parcels is $1,415,000 and identified as follows: 1) Three parcels for the transportation improvements ~$890,000 2) Two parcels for Storm Drainage improvements ~$525,000 The City has negotiated to a purchase price of $1,415,000 for the five parcels and will pay appropriate closing cost for a total estimated cost is $1,431,000, contingent on Council’s review and approval. If the purchase is authorized, the City intends to use the following sources of funds for the acquisition: 1) Fund 304: LTGO 2017 remaining bond proceeds: ~$535,000 2) Fund 111: Transportation Impact Fee’s: ~$365,000 3) Fund 423: Storm Drainage Capital: ~$531,000 Recommendation: Staff recommend the City Council authorize the Mayor to enter into a purchase and sale agreement for the purchase of properties identified in the Purchase and Sale Agreement Exhibit A. Relationship to Comprehensive Plan: Transportation and Storm Water Improvements. Motion for consideration: I move to adopt a Resolution, authorizing the Mayor to sign and execute the purchase and sale agreement with Kitsap County for the acquisition of the properties identified in Exhibit A to the Resolution, known as the Bethel Road Corridor Properties. Fiscal Impact: $1,431,000. Alternatives: Do not authorize and provide alternative guidance. Attachments: Resolution and Exhibit A thereto, Purchase and Sale Agreement. 34 of 110 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF REAL PROPERTY IDENTIFIED AS KITSAP COUNTY TAX PARCEL NOS. 022301-1-014-2008, 022301-1-006-2008, 4625- 000-003-0103, 4625-000-004-0003, 012301-3-035-2000, 022301-1-059-2004, 112301-1-032-2005, 122301-3-037-2005, 212501-1-053-2005, 212501-1-054- 2004, 212501-4-079-2005 (THE BETHEL ROAD CORRIDOR PROPERTIES) AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, the City of Port Orchard’s Transportation Improvement Plan includes a multi- phased capital project within the Bethel Road Corridor; and WHEREAS, this project requires the acquisition of real property in order to provide for alignment and right of way needs, including pedestrian and storm water improvements; and WHEREAS, Kitsap County owns multiple parcels of real property that will aid the City’s needs for this projects and the purchase of these parcels would allow the City to proceed with numerous projects and provide a public service; and WHEREAS, these parcels are identified as Kitsap County Tax Parcel Nos. 022301-1-014- 2008, 022301-1-006-2008, 4625-000-003-0103, 4625-000-004-0003, 012301-3-035-2000, 022301-1-059-2004, 112301-1-032-2005, 122301-3-037-2005, 212501-1-053-2005, 212501-1- 054-2004, 212501-4-079-2005, commonly referenced as the Bethel Road Corridor Properties; and WHEREAS, Kitsap County has offered the Bethel Road Corridor Properties for sale in a commercially reasonable manner, based on a current independent appraisal; and WHEREAS, the City has authority pursuant to RCW 35A.11.010 to purchase, lease, receive, or otherwise acquire real property of every kind; and WHEREAS, the Council must authorize certain individuals to execute certain documents to facilitate the purchase of the Bethel Road Corridor Properties; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby adopts the recitals expressed above as Findings of Fact in support of this Resolution. THAT: The City Council hereby authorizes the purchase of Kitsap County Tax Parcel Nos. 022301-1-014-2008, 022301-1-006-2008, 4625-000-003-0103, 4625-000-004-0003, 012301-3-035-2000, 022301-1-059-2004, 112301-1-032-2005, 122301-3-037-2005, 212501-1-053-2005, 212501-1-054-2004, 212501-4-079-2005 for the total purchase price not to exceed $ 35 of 110 THAT: The City Council authorizes the Mayor or his designee to execute the purchase and sale agreement attached hereto as Exhibit A and incorporated herein by this reference, and all related documents required to effectively carry out the purchase authorized herein, in a form acceptable to the City Attorney. The Mayor shall report to the Council any actions taken in accordance with this Resolution and shall do so within sixty (60) days of taking such an action. THAT: This Resolution shall be effective upon passage. THAT: The City Clerk is authorized to make necessary corrections to this Resolution, including but not limited to correction of clerical errors. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of September 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 36 of 110 37 of 110 38 of 110 39 of 110 40 of 110 41 of 110 42 of 110 43 of 110 44 of 110 45 of 110 46 of 110 47 of 110 48 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Meeting Date: September 8, 2020 Subject: Adoption of a Resolution Approving Prepared by: Noah Crocker Reimbursement to the City of Port Orchard Finance Director of Real Property Purchase Expenditures Atty Routing No: N/A Paid by the City Prior to Financing Atty Review Date: N/A Summary: The City of Port Orchard has been in discussions with the County for the purchase of right of way necessary to do future improvements for Bethel road, including expansion of the roadway and stormwater retainage improvements. These improvements are included in the City of Port Orchard Comprehensive Plan for both Transportation and Storm Drainage improvements. The purchase includes the following parcels: Kitsap County Tax Parcel Nos. 022301-1-014-2008, 022301-1-006-2008, 4625-000-003-0103, 4625-000-004-0003, 012301- 3-035-2000, 022301-1-059-2004, 112301-1-032-2005, 122301-3-037-2005, 212501-1-053-2005, 212501-1-054- 2004, 212501-4-079-2005 (Bethel Road Corridor Properties). The City has agreed to a purchase price of $1,415,000 for the parcels and will pay appropriate closing cost for a total estimated cost is $1,431,000. In order to best manage the City’s cash resources, some or all of these real property acquisitions may be financed at a future date. The City Council desires to have the flexibility to reimburse itself from the proceeds of the borrowed funds if they choose to seek financing. A reimbursement resolution is a document which can provide the City the flexibility to achieves its goals. The Finance Committee has discussed the benefits of a reimbursement resolution and recommended it be brought forward to the full Council for approval to provide flexibility and to allow the City to reimburse itself from any future borrowed funds. Relationship to Comprehensive Plan: None. Recommendation: The Council Finance Committee recommends approval of the Reimbursement Resolution as presented. Motion for consideration: “I move to adopt a Resolution approving the reimbursement to the City of real property purchase expenditures paid by the City prior to the financing of such expenditures.” Fiscal Impact: N/A. Alternatives: Do not approve. Attachments: Reimbursement Resolution. 49 of 110 RESOLUTION NO. __________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE REIMBURSEMENT OF REAL PROPERTY EXPENDITURES PAID BY THE CITY PRIOR TO THE FINANCING OF SUCH EXPENDITURES. WHEREAS, the City of Port Orchard (the “Local Agency”) reasonably expects to reimburse to itself the expenditures described herein with the proceeds of various financing contracts to be entered into by the Local Agency (the “Reimbursement Obligations”); and WHEREAS, the expenditures of which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligations, are for the acquisition of real property from Kitsap County, identified as Kitsap County Tax Parcel Nos. 022301-1-014-2008, 022301-1-006-2008, 4625-000-003-0103, 4625-000-004-0003, 012301-3-035-2000, 022301-1-059- 2004, 112301-1-032-2005, 122301-3-037-2005, 212501-1-053-2005, 212501-1-054-2004, 212501-4- 079-2005, commonly referenced as the Bethel Road Corridor Properties (the “expenditures”); and WHEREAS, the above expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligations will be made from contributions from Fund 111, Fund 304 and Fund 423 for the acquisition real property; and WHEREAS, the maximum principal amount of Reimbursement Obligations expected to be issued for the property described in Section 2 is $1,431,000; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council hereby adopts the recitals expressed above as Findings of Fact in support of this Resolution. THAT: The reimbursement to the City of Port Orchard for these expenditures paid prior to the financing of such expenditures, to be made from the borrowed funds, is approved. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of September 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 50 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7G Meeting Date: September 8, 2020 Subject: Approval of Change Order No. 1 to Contract No. Prepared by: Mark Dorsey, P.E. 057-20 with Advanced Diving Services, Inc. for Public Works Director the 2020 In-Service Cleaning & Inspection of Atty Routing No.: N/A Potable Water Storage Tanks Utilizing Atty Review Date: N/A Commercial Divers Summary: On June 23, 2020, the Port Orchard City Council approved Contract No. C057-20 with Advanced Diving Services, Inc. for the 2020 In-Service Cleaning & Inspection of Potable Water Storage Tanks Utilizing Commercial Divers in the amount of $13,539.98. During dive operations, larger quantities of sediment were encounter than anticipated. Staff therefore had no alternative but to direct Advanced Diving Services, Inc. to continue. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 1 to Contract No. C057-20 with Advanced Diving Services, Inc. in the amount of $13,250.00, thereby bringing the Total Contract value to $27, 982.48. Relationship to Comprehensive Plan: Chapter 7 - Utilities Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 1 to Contract No. C057-20 with Advanced Diving Services, Inc. in the amount of $13,250.00, thereby bringing the Total Contract value to $27, 982.48. Fiscal Impact: The 2019/2020 budget allocated $25,000 for this activity (411.5.534.40.40). A budget amendment may be required. Alternatives: None. Attachments: CO #1 to Small Works Contract No. C057-20. 51 of 110 52 of 110 53 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7H Meeting Date: September 8, 2020 Subject: Approval of Supplemental Agreement Prepared by: Mark Dorsey, P.E. No. 1 to Contract No. 072-18 with Public Works Director Tierra ROW Services, LTD Regarding the Atty Routing No.: N/A Bay Street Pedestrian Pathway Project Atty Review Date: N/A Summary: On November 13, 2018, the City of Port Orchard contracted with Tierra Right-of-Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project right-of-way acquisition phase. Additional survey and title services associated with tideland parcels are needed to update the Right-of- Way Plan. WSDOT H/LP’s have reviewed/approved this supplemental request. Relationship to Comprehensive Plan: Chapter 8 – Transportation Recommendation: Staff recommends authorization for the Mayor to execute Supplemental Agreement No. 1 to Contract No. C072-18 with Tierra Right-of-Way Services, Ltd. in the amount of $25,036.14. Motion for Consideration: I move to authorize the Mayor to execute Supplemental Agreement No. 1 to Contract No. C072-18 with Tierra Right-of-Way Services, Ltd. in the amount of $25,036.14. Alternative: None. Fiscal Impact: Funds from Capital Street Fund No. 304 of the 2019-2020 Biennial Budget. Attachments: WSDOT Supplemental Agreement No. 1 with exhibits and COPO Amendment No. 1. 54 of 110 55 of 110 56 of 110 Amendment #1 City of Port Orchard, Bay Street Enhancement Project (Mosquito Fleet Trail) Additional services from KPG to update Right of Way Plan sheets to include tideland parcels, order title reports and for Tierra Right of Way staff to review title reports. No other services are included in this amendment. All Title Report invoices to be paid by the City of Port Orchard. Parcel Assessor’s Parcel # Owner Name Acquisition Type 22 A 4027-003-003-0002 Lee Potential Access Rights Severance 23 B 4027-002-001-0006 ISB Holdings Potential Access Rights Severance 24 C 4027-001-013-0004 Holland Potential Access Rights Severance 25 D 4027-002-006-0001 Delucia Potential Access Rights Severance 26 E 4027-022-015-0008 Schiele Potential Access Rights Severance 27 F 4027-021-011-0002 Schiele Potential Access Rights Severance 28 G 4027-021-011-0103 Schiele Potential Access Rights Severance 29 H 4027-021-008-0108 Sweeney Potential Access Rights Severance 30 4027-022-005-0000 Hannem Potential Access Rights Severance 31 4027-022-002-0003 Cohen Potential Access Rights Severance 32 4027-022-001-0103 Cohen Potential Access Rights Severance 33 4027-023-009-0103 Kustina Potential Access Rights Severance 34 4027-023-008-0005 McQuery Potential Access Rights Severance 35 4027-023-001-0101 Hannem Potential Access Rights Severance 36 J 4027-023-005-0008 Munie Potential Access Rights Severance 37 4024-023-003-0109 McQuery Potential Access Rights Severance 38 K 4027-023-003-0000 Epling Potential Access Rights Severance 39 L 4027-023-002-0001 Hannem Potential Access Rights Severance 40 M 4027-023-001-0002 Seversen Potential Access Rights Severance 41 N 4027-023-010-0001 Hannem Potential Access Rights Severance 42 O 4027-004-013-0006 Michel Potential Access Rights Severance 43 4027-032-003-0001 Mitchell Point Potential Access Rights Severance 44 P 4027-034-001-0009 Haworth Potential Access Rights Severance 45 Q 4027-034-009-0001 Gadberry Potential Access Rights Severance 46 R 4027-035-001-0006 Hemiup Potential Access Rights Severance 57 of 110 CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS Labor Classification Hours Direct Salary OH Fixed Fee T otal Total Amount Project Management, Title Review of Tidelands Parcels 135.83%30.00% ROW Division Manager 2 $ 62.50 $ 84.89 $ 18.75 $ 166.14 332.29$ ROW Operations Manager 15.00 $ 52.88 $ 71.83 $ 15.86 $ 140.57 2,108.56$ Project Manager 25.00 $ 43.26 $ 58.76 $ 12.98 $ 115.00 2,874.95$ Senior Right of Way Lead 50.00 $ 38.50 $ 52.29 $ 11.55 $ 102.34 5,117.23$ Senior Right of Way Agent 50.00 $ 34.00 $ 46.18 $ 10.20 $ 90.38 4,519.11$ Right of Way Technician 0.00 $ 25.00 $ 33.96 $ 7.50 $ 66.46 -$ Administrative Assistant 25.00 $ 23.00 $ 31.24 $ 6.90 $ 61.14 1,528.52$ 167 14,952.14$ Direct Reimbursables Subcontracted Services ROW Plan updates KPG - -$ 10,084.00$ Subcontracted Work Subtotal:10,084.00$ Total Maximum Amount Payable 25,036.14$ Task Order Total Maximum - Rounded 25,036.14$ Amendment #1 City of Port Orchard, Bay Street Enhancement Tierra Right of Way Services, Ltd. 58 of 110 Project:Tierra Right of Way Services, Ltd. Mosquito Fleet Trail - Amendment for Segments 6-10 Right of Way Plans Preparation June 2020 Total Fee Survey Project Survey- Survey Manager Surveyor Technician Crew 202.00$ 137.00$ 112.00$ 215.00$ Fee 1 Oder title reports and coordinate with title company 6 1,212.00$ 2 Right-of-way plan update 4 72 8,872.00$ Expenses (Title Reports 25 @ $436 ea) - to be paid by City -$ 10 0 72 0 10,084.00$ Total Estimated Fee: 10,084.00$ Task Total Labor Hour Estimate Description Page 1 of 1 59 of 110 KPG Survey Scope of Work (10/14/2019) 1. Order Title Reports and coordination with title company. 2. Update current Right-of-way plans in accordance with WSDOT requirements. Assumptions: • Legal descriptions and map exhibits will not be needed for this phase. • Appraisals, Review Appraisals, and Negotiations are not included in this scope of work. • The current approved Right of Way plans will be updated to include the following parcels and for which title reports will be ordered: Deliverables: • Preliminary ROW plans (half size, 11”x17” and electronic PDF). • Final signed ROW plans signed and dated. 22 A 4027-003-003-0002 23 B 4027-002-001-0006 24 C 4027-001-013-0004 25 D 4027-002-006-0001 26 E 4027-022-015-0008 27 F 4027-021-013-0002 28 G 4027-021-011-0103 29 H 4027-021-008-0108 30 4027-022-005-0000 31 4027-022-002-0003 32 4027-022-001-0103 33 4027-023-009-0103 34 I 4027-023-008-0005 35 4027-023-001-0101 36 J 4027-023-005-0008 37 4027-023-003-0109 38 K 4027-023-003-0000 39 L 4027-023-002-0001 40 M 4027-023-001-0002 41 N 4027-023-010-0001 42 O 4027-004-013-0006 43 4027-032-003-0001 44 P 4027-034-001-0009 45 Q 4027-034-009-0001 46 R 4027-035-001-0006 60 of 110 61 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Discussion Item 8A Meeting Date: September 8, 2020 Subject: Potential Revisions to Port Orchard Prepared by: Nick Bond, AICP Municipal Code Chapter 20.39.040 (Use DCD Director Table) to Amend Allowed Zones for Atty Routing No.: Development – Matter 11 Fireworks Sales as an Accessory Use Atty Review Date: July 28, 2020 Summary: In 2019, the City updated its zoning code and land use table in Title 20. Prior to 2019, fireworks stands had not been individually listed in the City’s land use table and fell more broadly under the category of retail sales that were allowed in the Commercial Retail and Office zone. In the 2019 code update, fireworks sales were restricted to the Commercial Heavy (CH) and Industrial Flex (IF) zones. This resulted in several existing fireworks stands becoming nonconforming to the zoning code. When the City received firework stand permit applications in 2020, DCD staff realized that POMC 5.60.020 (4) required that permits only be issued when in conformance with the zoning ordinance of the city. DCD issued these permits in 2020 because of the strict timelines for filing an application even though several locations were proposed on sites where the zoning did not allow firework stands and because the City had not previously notified these vendors of the change in the zoning code. In 2020, the City approved nine fireworks stands. One of these stands was in a new location where the zoning would not have allowed fireworks sales. There were three sites where stands were operated in 2019 that did not apply for approvals or operate in 2020. (See the attached spreadsheet for a list of 2019 and 2020 stands.) Since this time, DCD has found a provision in 20.24.050 (5) which allows seasonal uses to retain legal nonconforming status provided that they are not abandoned for a full season. This means that eight of the nine sites that operated in 2020 would be allowed to continue in the future, regardless of whether the zoning allows fireworks stands, because these stands are either located in the CH zone or are legally nonconforming. For the stand that operated in a new location in 2020 but in a zone that did not allow the use, that stand would need to find a new location or the City would need to change the zoning rules to allow stands in that zone. As for the 3 stands that operated in 2019 but did not apply in 2020 for a firework stand permit, these stands would all need to find new locations that are legally conforming. One of these 3 stands was located at a church on land zoned CI. The attached ordinance would change the city’s zoning code to allow firework stands as an accessory use in the CI zone. This would allow this one stand to resume operations and would allow other facilities such as churches to host stands in the future. This would provide additional locations for the other 3 stands that would potentially be seeking a new location that conforms to the zoning code. 62 of 110 There are likely enough CH zone properties in the city to host these potentially displaced firework stands. It is not clear that allowing fireworks in the CI zone as an accessory use is needed. Council should discuss whether to move forward with the attached ordinance, or whether to simply notify the four affected fireworks stands and the associated property owners of the need to find new locations if they wish to sell fireworks in 2021. The City could also notify the legally nonconforming stands and associated property owners that they will lose their status as a legal nonconforming use if they go one season without selling fireworks. Recommendation: Advise staff on whether bringing forward an ordinance revising Chapter 20.39.040 to amend allowed zones for fireworks sales as an accessory use, or whether existing allowed zones combined with the City’s legal nonconforming use provisions are sufficient to support continuing fireworks sales in Port Orchard. Relationship to Comprehensive Plan: N/A Fiscal Impact: N/A Attachments: List of Fireworks Stands by Location; Ordinance. 63 of 110 Name Location Zoning Allowed under existing regs Allowed under new ordinance Comment Firework Stand Permitted in 2017? Firework Stand Permitted in 2018? Firework Stand Permitted in 2019? Lot next to 4331 Bethel Road SE CH Yes Yes Near China Sun Buffet No Yes Yes 401 SW Hayworth Dr CC No No Rush Property at Sedgwick/Sidney. This property is set to develop soon.Yes Yes Yes 1011 Bethel Ave (Parking Lot)CC No No Bowling Alley Yes Yes Yes 1900 SE Sedgwick Rd CH Yes Yes Fred Meyer Yes Yes Yes 3497 Bethel Rd SE CH Yes Yes Walmart Yes Yes Yes 370 SW Sedgwick Rd CH Yes Yes Albertson's Sidney Sedgwick Yes No Yes 1353 Olney Ave SE CC No No Bi-Mart Yes Yes Yes 3840 Bethel Rd SE CC No No Farmer George Yes Yes Yes 1120 Bethel Ave CMU No No Near Pancake House Yes Yes Yes 694 Bethel Ave CMU No No Near the Mattress Store, this was a new location in 2020 moved from Grocery Outlet Parking lot.No No No 1295 SE Sedgwick Rd CU No No Car Dealer on Sedgwick/Taco Trucks 1489 SE Sedgwick Rd CMU No No NE Cornr of Ramsay and Sedgwick 1780 SE Lincoln Ave CI No Yes Christian Life Center Church 2020 Firework Stands 2019 Firework Stands Discontinued in 2020 64 of 110 ORDINANCE NO. __ -20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.39.040 (USE TABLE) OF THE PORT ORCHARD MUNICIPAL CODE; AMENDING ALLOWED ZONES FOR SALES OF FIREWORKS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code (POMC) was adopted on June 13, 2017 (Ordinance 019-17); and WHEREAS, on March 12, 2019, the City Council approved Ordinance 011-19, which created Chapter 20.39.040 POMC, Use Table, to indicate the zones in which various land uses are allowed within the city; and WHEREAS, the existing Chapter 20.39.040 POMC, Use Table, allows the commercial sale of fireworks only in the Commercial Heavy (CH) and Industrial Flex (IF) zones, and the City Council wishes to allow civic and institutional organizations such as churches and other religious groups, fraternal organizations, youth groups and schools to sell fireworks as an accessory use on properties where a civic and institutional use has already been established conforming to zoning; and WHEREAS, the City Council directed staff to prepare amendments to the Chapter 20.39.040 POMC, Use Table, to add fireworks sales as an accessory use to an existing civic and institutional use, per POMC 20.37.010(1), in accordance with POMC Chapter 5.60, on properties zoned Civic & Institutional (CI); and WHEREAS, on July 7, 2020, the City submitted the proposed amendments to Chapter 20.39.040 POMC to the Department of Commerce along with a 60-day request for review; and WHEREAS, on July 17, 2020, the City’s SEPA official issued a determination of non- significance for the proposed amendments to Chapter 20.39.040 POMC, and there have been no appeals; and WHEREAS, on August 3, 2020, the City Council’s Land Use Committee reviewed the amendments to Chapter 20.39.040 POMC, and recommended that they be forwarded to the full City Council for review and approval; and WHEREAS, on August 4, 2020, the City’s Planning Commission held a duly-noticed public hearing on the proposed amendments to Chapter 20.39.040, and ******, and the 65 of 110 Planning Commission recommended approval of the proposed revisions; WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City’s Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City; 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. The “Commercial Uses” section of Chapter 20.39.040 POMC, “Use Table” is hereby amended, in part, as follows: *** Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards *** Commercial Uses *** Temporary fireworks sales to in accordance with Chapter 5.60 POMC. Also see Accessory Uses in this table. -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- *** SECTION 3. The “Accessory Uses” section of Chapter 20.39.040 POMC, “Use Table” is hereby amended, in part, as follows: 66 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards *** Accessory Uses *** Temporary fireworks sales as an accessory use to an existing civic & institutional use per 20.37.010(1), in accordance with Chapter 5.60 POMC. -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- P -- -- *** 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. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 6. 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. 67 of 110 Robert Putaansuu, Mayor ATTEST: ______ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney John Clauson, Council Member PUBLISHED: EFFECTIVE DATE: 68 of 110 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Discussion Item 8B Meeting Date: September 8, 2020 Subject” Ruby Creek Neighborhood Subarea Plan Prepared by: Nick Bond, AICP and Development Regulations DCD Director Atty Routing No.: Development – Matter 11 Atty Review Date: August 17, 2020 Summary: In 2016, the City of Port Orchard completed its periodic update to the Comprehensive Plan. The 2016 Plan included for the first time, a “centers” (subarea planning) approach to the City’s major residential and commercial areas as provided in Vision 2040 (now Vision 2050), the regional plan completed by the Puget Sound Regional Council, and in the Countywide Planning Policies adopted by all jurisdictions in Kitsap County. In 2016, Port Orchard identified center locations, but did not have the resources to complete subarea plans at that time, and instead identified goals for subarea planning to be completed in the future. The draft Ruby Creek Neighborhood Subarea Plan is a result of that goal. In late 2019, Port Orchard set out to complete a subarea plan for the area located near the intersection of Sidney Road SW and SW Sedgwick Road, which had been known as the “Sidney/Sedgwick Center”. The new name “Ruby Creek Neighborhood Center” was selected to highlight this significant environmental feature located in the neighborhood. The Ruby Creek Neighborhood is located near the intersection of Sidney Road SW and SW Sedgwick Road. Its boundaries are generally SR-16/Blackjack Creek to the east, Birch Road to the north, the City limits to the south, and a critical area complex to the west. The Ruby Creek Neighborhood measures 166.45 acres in land area. Of these 165.45 acres, critical areas (including wetlands and flood plains) associated with Blackjack Creek and Ruby Creek occupy approximately 52 acres, leaving approximately 70 acres of developed land and 45 acres of vacant or underutilized land. The center is primarily designated as Commercial on the Comprehensive Plan land use map and contains commercial heavy (CH), Commercial Corridor (CC), Commercial Mixed Use (CMU), Downtown Mixed Use (DMU), and Greenbelt (GB) zones. Currently, the neighborhood contains 464 residents in 232 apartments and 8 houses, and 371 jobs in approximately 213,638 existing square feet of commercial space. The City considered three alternative designs for the future Ruby Creek Neighborhood Center with the help of a consultant, and ultimately settled on a preferred alternative that preserves the existing mixed use feel of the Sidney Road SW corridor, while allowing for flexibility in areas further to the east along Sidney Road SW. This flexibility means that under the plan framework, either apartments, commercial uses, mixed uses, or a park and ride facility would be permissible in areas that are located in the neighborhood core but off the Sidney Road SW “Main Street”. Under the preferred alternative, the Ruby Creek Neighborhood is proposed to be a thriving and attractive walkable neighborhood with easy access to goods and services, a variety of housing types, and convenient 69 of 110 access to employment via Kitsap Transit and its proximity to SR-16 and SR-160. Although the neighborhood will have three main areas for planning purposes - the core in the center of the neighborhood, the north end (north of Ruby Creek), and the Sidney/Sedgwick crossroads (south end) – the entire neighborhood is intended to function as a whole. Residents will be able to walk and bicycle to the neighborhood grocery store, restaurants, and businesses providing other goods and services, as well as to Sidney Glen Elementary School and Cedar Heights Middle School. The Ruby Creek central business district will consist of walkable shopfronts along Sidney Ave SW. Natural environmental features and park and recreation amenities along Ruby Creek and Blackjack Creek, along with this central business district, will form the heart of the neighborhood. At buildout, it is estimated that the neighborhood will contain approximately 1,800 residents and 652 jobs, exceeding the minimum residential and employment thresholds set by the PSRC for a countywide center. The Ruby Creek Subarea Plan includes the current and proposed status of the Ruby Creek neighborhood, the proposed zoning and regulatory requirements for the subarea plan, and designs illustrating how a built-out Ruby Creek Neighborhood Center would look and function. The development regulations will provide the code authority for implementing the subarea plan. The Planning Commission reviewed the draft Subarea Plan at its June, August and September 2020 meetings, and held a public hearing on the plan and development regulations at the August and September meetings. On September 1, 2020, after considering public testimony and comments provided in a public hearing, the Planning Commission voted unanimously to recommend approval of the Subarea Plan, with additional goal and policy language in the Transportation section regarding pedestrian and bicycle safety in the vicinity of Sidney Glen Elementary School. Recommendation: Advise staff on whether any revisions should be made to the current draft Ruby Creek Neighborhood Subarea Plan and development regulations, prior to bringing the plan and regulations to the September 15 work-study meeting. Relationship to Comprehensive Plan: The Ruby Creek Subarea Plan is proposed to be adopted as Appendix C of the Comprehensive Plan. RCW 36.70A.130(2)(a)(i) allows the initial adoption of a subarea plan into the Comprehensive Plan outside of the annual amendment process, if the plan clarifies, supplements or implements jurisdiction-wide comprehensive plan policies. Fiscal Impact: N/A Attachments: Ordinance; Ruby Creek Subarea Plan 70 of 110 ORDINANCE NO. __ -20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE RUBY CREEK NEIGHBORHOOD SUBAREA PLAN AS APPENDIX C OF THE CITY COMPREHENSIVE PLAN; ADOPTING AN AMENDMENT TO THE CITY COMPREHENSIVE PLAN PURSUANT TO RCW 36.70A.130(2)(a)(i); ADOPTING AN AMENDMENT TO THE CITY ZONING MAP; ADOPTING AMENDMENTS TO CHAPTERS 20.31, 20.38 AND 20.127 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING 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 and maintain a comprehensive plan; 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 Ruby Creek Neighborhood is a designated Countywide Center in the comprehensive plan, and Section 2.7.5.8 of the comprehensive plan directs the city to develop a subarea plan for the Ruby Creek Neighborhood prior to the next periodic update, and the City has prepared the Ruby Creek Neighborhood Subarea Plan (“Subarea Plan”) to satisfy this requirement; and WHEREAS, the City most recently adopted annual amendments to the City’s Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106 on July 14, 2020; and WHEREAS, RCW 36.70A.130(2)(a)(i) allows the initial adoption of a subarea plan outside of the annual amendment process if the plan clarifies, supplements or implements jurisdiction-wide comprehensive plan policies, and the cumulative impacts of the plan are addressed by appropriate environmental review under chapter 43.21C RCW; and WHEREAS, an update to the City Zoning Map has been prepared to provide consistency between the Map and the zoning changes provided in the Subarea Plan, and WHEREAS, amendments to Chapters 20.31, 20.38 and 20.127 of the Port Orchard Municipal Code (POMC) have been prepared to provide appropriate development 71 of 110 regulations for the Ruby Creek subarea, to provide consistency between the POMC and the Subarea Plan, and to implement the Subarea Plan, per the requirements of RCW 36.70A.040(3), and WHEREAS, on July 6th, 2020, the City Council’s Land Use Committee reviewed the Subarea Plan and the amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, and recommended that they be forwarded to the full City Council for review and approval; and WHEREAS, on July 8th, 2020, the City submitted the Subarea Plan, and the amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, to the Department of Commerce along with a 60-day request for review; and WHEREAS, on July 23, 2020, the City’s SEPA official issued a determination of non- significance for the Subarea Plan and the amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, and there have been no appeals; and WHEREAS, on August 4, 2020 and September 1, 2020, the City’s Planning Commission held duly-noticed public hearings on the Subarea Plan and the proposed amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, and received and considered public testimony and comments, and the Planning Commission recommended approval of the proposed revisions with certain changes; WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City’s Comprehensive Plan and development regulations, the Growth Management Act, and Chapter 36.70A RCW, and that the amendments herein to the City’s Comprehensive Plan, Zoning Map, and Chapters 20.31, 20.38 and 20.127 POMC are in the best interests 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. 72 of 110 SECTION 2. Adoption of the Ruby Creek Neighborhood Subarea Plan. The Ruby Creek Neighborhood Subarea Plan is hereby adopted as Appendix C of the City of Port Orchard Comprehensive Plan. (Exhibit 1) SECTION 3. Adoption of Amended City of Port Orchard Zoning Map. The City of Port Orchard Zoning Map is hereby adopted, as amended. (Exhibit 2) SECTION 4. POMC Section 2031.010(2) is revised to read as follows: (2) The following overlay districts are hereby established: (a) View protection overlay district (VPOD). (b) Downtown height overlay district (DHOD). (c) Self-storage overlay district (SSOD). (d) Ruby Creek Overlay District (RCOD). SECTION 5. Adoption of Ruby Creek Overlay District and Development Regulations. The following new sections are hereby added to Chapter 20.38 POMC (Overlay Districts): 20.38.300 Ruby Creek Overlay District Boundary. A Ruby Creek Overlay District is hereby established with boundaries as shown below: 73 of 110 Figure 20.38.300. The Ruby Creek Overlay District Boundary. 20.38.305. Purpose. The purpose of the Ruby Creek Overlay District (RCOD) is to implement the goals and policies of the Ruby Creek Subarea Plan as adopted in the City’s Comprehensive Plan. 20.38.310 Applicability. The standards of the RCOD shall apply to lands within the RCOD boundary as shown on the map in section 20.38.300. 74 of 110 20.38.315. Conflicts. The RCOD utilizes the city’s existing zoning and development regulations framework except as specified in sections 20.38.320 to 20.38.330. The standards of the RCOD shall control when there is a conflict with other code sections. 20.38.320 Land Use. The land use table and restrictions in POMC 20.39 shall control for allowed uses in the RCOD except that the uses in the following table shall be permitted or conditionally permitted as follows: Specific Use R1 R3 GB CMU DMU CC CH PR CI Transit Park and Ride Lot -- -- -- C -- C C -- C Surface Parking: Commercial Parking, commuter lease parking or park and ride, remote parking. -- -- -- -- -- -- -- -- -- Commercial parking garage - standalone -- -- -- -- -- -- -- -- -- Brewery, distillery under 5,000 square feet. C P Brewery, distillery 5,001-15,000 square feet. C C Drive Through Facility (principal or accessory use) -- -- -- -- -- P P -- -- Low impact outdoor storage (accessory use) -- -- -- -- -- -- P -- -- 20.38.330 Building Height. Building Heights in the Ruby Creek Overlay District shall not exceed 55 feet (5 stories) except when height bonuses are granted in accordance with POMC 20.41. SECTION 6. Figure 2 in POMC 20.38.700 (Self-Storage Overlay District) is hereby amended as follows: 75 of 110 SECTION 7. Figure 20.127.130(15), a Community Design Framework map, is amended as follows: 76 of 110 SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 9. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 10. 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. 77 of 110 Robert Putaansuu, Mayor ATTEST: ______ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Council Member PUBLISHED: EFFECTIVE DATE: EXHIBITS: 1. Ruby Creek Subarea Plan 2. Amended City Zoning Map 78 of 110 City of Port Orchard, WA September 2, 2020 79 of 110 Acknowledgements Mayor Robert Putaansuu City Council Members Bek Ashby John Clauson Fred Chang Cindy Lucarelli Scott Diener Jay Rosapepe Shawn Cucciardi Planning Commissioners Trish Tierney Stephanie Baily Annette Stewart Mark Trenary David Bernstein Phil King Joe Morrison Suanne Martin Smith City Staff Nicholas Bond, AICP, Director Keri Sallee, Long Range Planner Jim Fisk, Associate Planner Stephanie Andrews, Associate Planner Josie Rademacher, Intern Consultant – Makers Architecture and Urban Design (Graphics and renderings) Bob Bengford Scott Bonjukian 80 of 110 Disclaimer: The user of this Plan should be aware that although the City has taken great care to use the most current mapping and environmental data available to produce the information contained herein, the maps, illustrations and calculations of potential critical areas, buildable areas and redevelopment potential are based on existing data sources, not on field surveys. This Plan and its contents are provided for planning purposes only, and cannot substitute for field surveys to determine the locations of critical areas or buffers, to determine critical areas typing or classification, or the development potential of any parcel. ii 81 of 110 Chapter 1. Introduction. In 2016, the City of Port Orchard completed its periodic update to the Comprehensive Plan. This 2016 Plan included for the first time, a “centers” approach to planning (See section 2.7 of the Port Orchard Comprehensive Plan). The centers approach to planning is provided in Vision 2050, the regional plan completed by the Puget Sound Regional Council, and in the Countywide Planning Policies adopted by all jurisdictions in Kitsap County. In 2016, Port Orchard identified center locations, but did not have the resources to complete subarea plans at that time, and instead identified goals for subarea planning to be completed in the future. This plan is the result of that goal. In late 2019, Port Orchard set out to complete a subarea plan for the area located near the intersection of Sidney Road SW and SW Sedgwick Road. At the time that the planning work began, this neighborhood did not have a name or much of an identity. The name “Ruby Creek Neighborhood” was selected to highlight a significant environmental feature located in the neighborhood. Ruby Creek is a major tributary to Blackjack Creek and has been the focus of significant habitat restoration projects just outside of the City limits in Kitsap County. Highlighting the name of this stream in the neighborhood name will have the effect of raising awareness of this sensitive environmental feature, and was chosen as a way of ensuring that future residents, businesses, and developers are conscious of their surroundings and can be good stewards of the environment. This plan was also developed during the unprecedented challenges presented by the coronavirus pandemic. Public outreach was initiated in the weeks before large parts of the nation were closed to prevent the spread of the virus, including Kitsap County and Port Orchard. This resulted in the cancellation of the City’s plans to conduct in person workshops with neighborhood residents and property owners. The City has instead relied on online surveys and public hearings before the Planning Commission that were held remotely. The City hired a consultant to help explore design alternatives for the subarea. Due to the critical area constraints found in the neighborhood, these alternatives contained only small differences. The main variable considered in the subarea plan was whether to locate a Kitsap Transit park and ride facility within the neighborhood. This variable was prompted by a parallel study being conducted by consultants hired by Kitsap Transit to identify possible sites for park and ride facilities in the South Kitsap area. The alternatives considered are as follows: 1. Concept 1: Mixed use neighborhood with no park and ride facility. 2. Concept 2: Mixed use neighborhood with park and ride facility on the east side of Sidney. 3. Concept 3: Mixed use neighborhood with park and ride facility on the west side of Sidney. Ultimately, the Kitsap Transit study eliminated Concept 3 early in their analysis due to critical area and space constraints. The preferred alternative selected here was a hybrid between Concepts 1 and 2. The preferred alternative preserved the mixed use feel of the Sidney Road SW corridor while allowing for flexibility in areas further to the east along Sidney Road SW. This flexibility meant that under the plan framework, either apartments, commercial uses, mixed uses, or a park and ride facility would be permissible in areas located in the neighborhood core but off the Sidney Road SW “Main Street”. 82 of 110 Chapter 2. Vision and Preferred Alternative. 2.1 Vision. The Ruby Creek Neighborhood is a thriving and attractive walkable neighborhood with easy access to goods and services, a variety of housing types, and convenient access to employment via Kitsap Transit and its proximity to SR-16 and SR-160. Residents can walk to the neighborhood grocery store, restaurants, and businesses providing other goods and services, as well as to Sidney Glen Elementary School and Cedar Heights Middle School. The Ruby Creek central business district consists of walkable shopfronts along Sidney Ave SW. Natural environmental features and park and recreation amenities along Ruby Creek and Blackjack Creek along with this central business district form the heart of the neighborhood. Bicycle paths run through the neighborhood and connect to other areas of the City. 2.2 Preferred Alternative. The preferred alternative requires the development of storefronts along Sidney Road SW but allows the development of a Kitsap Transit park and ride to the east of the neighborhood core in lieu of apartments or commercial development. A park and ride concept is shown in Figure 4. This park and ride facility would reduce the population capacity for the neighborhood slightly, but would help drive economic activity in the neighborhood at certain times of the day, would reduce the traffic impacts resulting from plan implementation, and would provide for the sharing of parking facilities for the proposed public park and for residential units which would likely have peak parking demands (nights and weekends) which differ from those of commuters (weekdays). In the following sections of the plan, the subarea is broken into 3 parts for discussion: the neighborhood core in the center of the neighborhood, the north end (north of Ruby Creek), and the Sidney/Sedgwick crossroads (south end). 83 of 110 Figure 1: Preferred Alternative Ruby Creek Neighborhood. 84 of 110 2.3 Neighborhood Core. The preferred alternative seeks to develop a new neighborhood core along Sidney Road SW. The center of the neighborhood is located approximately halfway between Ruby Creek and SW Sedgwick Road, and is marked by a new intersection that provides access to properties on the east and west of Sidney Road SW. The buildings near this intersection consist of single-story shopfront and mixed-use shopfront building types, with storefronts that face Sidney Road SW. Off-street parking and secondary access to ground floor shopfronts is provided to the rear of these buildings, out of sight from Sidney Road SW. Sidney Road SW is characterized by wide pedestrian oriented sidewalks, street trees and on-street parking. The center of the neighborhood has a small-town downtown feel. To the west of this new intersection, access is provided to new commercial and/or residential development. To the east of this development, flexibility is provided to allow either commercial and/or residential development, or a park and ride facility. The center of the neighborhood is also anchored by a new public park that has helped to enhance the natural amenities provided by Blackjack and Ruby Creeks. This new park has provided restoration of habitat, informational and educational opportunities, and opportunities for low impact recreation. Figure 2: The heart of the Ruby Creek Neighborhood as seen from the southwest. 85 of 110 Figure 3: Neighborhood Center Park and Ride Alternative. This alternative preserves Downtown Mixed Use (DMU) zoned development pads along Sidney to ensure storefront development. Figure 4: Neighborhood Center Site Plan Illustration. This illustration does not include a possible park and ride facility located to the east of the Sidney Road SW storefronts. 86 of 110 2.4 North End. To the north of the neighborhood core is a residential area characterized by landscaping along the street, sidewalks, bicycle lanes, landscape islands in the street, and street trees. Although mixed use commercial development is permitted along this section of Sidney Road SW, it is seen as less viable due to the distance from SW Sedgwick Road and because it is separated from the commercial neighborhood core by Ruby Creek and its large protective buffers. Apartment development is permissible and anticipated in these locations. Sidewalks and bicycle lanes now connect this neighborhood to the Sidney Glen Elementary School, the Little League fields, and places of worship located to the north of the neighborhood, as well as to the commercial core to the south which includes the neighborhood’s main grocery store. These new residents can utilize transit service in the corridor for access to jobs throughout the region. Walking paths along Ruby Creek allow for recreation and access to a new city park. Figure 5: The north end of the Ruby Creek Neighborhood as seen from the northwest. 87 of 110 Figure 6: North End Site Plan Illustration. 2.5 Sidney/Sedgwick Crossroads. The area near the crossroads of SW Sedgwick Road and Sidney Road SW is already characterized by significant development. There is a large grocery store, two gas stations, restaurants, shopping, and apartments in this area. One vacant development pad remains at this intersection. At this location, the City seeks the development of mixed-use shopfront buildings, or live work ground floor units in an apartment building, to help make the area feel more urban. Parking for this pad is provided behind these buildings and out of view of the intersection. In addition, the project has provided public amenity spaces near the prominent street corner at this intersection. Other properties in the neighborhood may eventually develop, but redevelopment is not expected in the near term. 88 of 110 Figure 7: The south end of the Ruby Creek Neighborhood as seen from the northeast, showing the crossroads of Sidney Road SW and SW Sedgwick Road. Figure 8: South End (Sidney Road SW and SW Sedgwick Road) Site Plan Illustration. 89 of 110 2.6 Centers. Countywide Center – PSRC Criteria The Ruby Creek Neighborhood Center is planned as a Countywide Center as described in the Puget Sound Regional Council Regional Centers Framework. As a designated Countywide Center, the Ruby Creek Neighborhood: 1. Is a local priority for investment. This plan includes transportation, water, sewer, stormwater, electrical, and park projects to support center development. 2. Is planned for more than 10 activity units (jobs + housing units) per acre. The center is planned to include 14.82 activity units per acre. 3. Is planned for a mix of residential and employment uses. The center is planned to consist of 73% residential and 27% commercial at full buildout. 4. Has capacity for additional growth. The center has capacity for an estimated 1,352 additional persons and 281 additional jobs at full build out. 5. The center supports multimodal transportation (including pedestrians, bicycles, transit, and automobiles). Chapter 3. Land Use 3.1 Introduction. The Ruby Creek Neighborhood is located near the intersection of Sidney Road SW and SW Sedgwick Road. Its boundaries are generally SR-16/Blackjack Creek to the east, Birch Road to the north, the City limits to the south, and a critical area complex to the west. The center is primarily designated as Commercial on the Comprehensive Plan land use map and contains commercial heavy (CH), Commercial Corridor (CC), Commercial Mixed Use (CMU), Downtown Mixed Use (DMU), and Greenbelt (GB) zones. The area is also subject to overlay district regulations which aim to implement the preferred alternative as depicted in the maps and figures in Chapter 2. Figure 9: The Comprehensive Plan Land Use Designations for the Ruby Creek Center. 90 of 110 Figure 10: The Zoning Designations for the Ruby Creek Center. As of the writing of this plan, there is an abundance of vacant and underutilized land within the center. Vacant and underutilized parcels are either zoned DMU, CMU or CC, depending on whether apartments are permitted outright in the absence of a commercial component within future buildings, and depending on the percentage of lot frontage along Sidney Road SW intended to be storefronts. The CMU zone allows apartments as a building type under POMC 20.32, whereas the CC and DMU zones do not. It is anticipated that large areas of the CMU zone will develop as apartments; however, commercial retail type uses are allowed and if constructed would be most likely to locate along the Sidney Road SW street frontage. The CC and DMU properties are intended for a “main street” development pattern, and have strict build-to-zone requirements to ensure that the Sidney Road SW corridor is developed with storefronts that are located close to the street. The DMU zone requires a higher percentage of the Sidney Road frontage to contain buildings, as compared to the CC zone. The GB zone is only applied along the streams, dedicated open space, and areas encumbered by flood plains. 3.2 Ruby Creek Center Land Area and Development Potential. The Ruby Creek Neighborhood measures 166.45 acres in land area. Of these 165.45 acres, critical areas (including wetlands and flood plains) associated with Blackjack Creek and Ruby Creek occupy approximately 52 acres, leaving approximately 70 acres of developed land and 45 acres of vacant or underutilized land. 91 of 110 Figure 11: Infill Potential Map. To further illustrate development potential in the Ruby Creek Neighborhood, the map below (Figure 12) has combined potential critical areas and zoning to illustrate how much land area is available for redevelopment. The vacant and underutilized parcels have been assigned letter designations based on current ownership groupings. Later in this plan, these letters as shown on this map will help to show the land capacity within the center for both employment and population. This map is not based on site visits or a critical areas delineation, and reporting and actual development potential may be more or less than what is shown here. In addition, the City’s critical areas code can allow buffer reductions through a variance, provided that these reductions are mitigated. Likewise, flood plain development requires flood elevation certificates to be prepared by a surveyor to certify that buildings are elevated to reduce flooding risk. The true development potential for any of these sites cannot be determined without preparing a critical areas report that meets the standards of the Port Orchard Municipal Code. 92 of 110 Figure 12: Estimated Developable Land Map. 93 of 110 3.3 Population and Employment. As of June 24, 2020, the Ruby Creek Neighborhood contained 464 residents and 371 jobs. This equates to 5 activity units per acre under the PSRC Regional Centers Framework. Current population is accommodated in 232 existing apartments and 8 existing houses within the center. Current employment is provided in approximately 213,638 existing square feet of commercial space. The plan envisions adding 647 additional housing units and 100,400 additional square feet of commercial space. The expected future level of activity units equates to 14.82 activity units per acre, above the PSRC threshold of 10 activity units per acre. (1,816 persons + 652 jobs) / 166.45 acres = 14.82 activity units per acre Ruby Creek Center Population and Employment Capacity: With approximately 45 acres of vacant and underutilized, and unencumbered (critical area free) land remaining in the neighborhood, it is estimated that the total population and employment capacity in the center is 1,816 persons and 652 jobs. Actual growth will vary depending on a variety of factors, including whether the DMU and CC zones develop with single story shopfront buildings vs. mixed-use shop front buildings, and whether a park and ride facility occupies some of the land within the center. Table 1: Activity Units – Population and Employment – Existing and Future Existing Population 464 Planned Population 1352 Total Population at Build Out 1816 Existing Employment 371 Planned Employment 281 Total Employment at Build Out 652 Existing % Activity Units Dedicated to Housing 56% Planned % Activity Units Dedicated to Housing 73% 3.4 Land Use Goals for the Ruby Creek Neighborhood Center (these goals are in addition to existing goals found in other sections of the Comprehensive Plan): Goal LU-1: Accommodate enough residential development in the Ruby Creek Countywide Center to ensure a thriving business district. Policy LU-1: Allowed uses, building types, and height limits should accommodate at least 1,800 residents in the Ruby Creek Countywide Center. Goal LU-2: Encourage the development of a Ruby Creek Central Business District along Sidney Ave SW, between SW Sedgwick Road and the Ruby Creek stream buffer. Policy LU-2: Provide storefront uses on the ground floor in the form of a “Main Street” along Sidney Ave SW, between SW Sedgwick Road and Ruby Creek. Regulations for the Ruby Creek District shall ensure that buildings line the street without landscape setbacks and with pedestrian entrances oriented towards the street as shown in Figure 13 below: 94 of 110 Figure 13: Block Frontage Map for Ruby Creek Neighborhood (Core and South End). Policy LU-3 Require a build-to-zone along the storefront area shown in Figure 13 in accordance with the DMU and CC zoning designations as shown on the Zoning Map (Figure 10), but provide exceptions for public plazas between buildings and at significant street corners. Goal LU-3: Provide opportunities to extend the Ruby Creek “Main Street” feel between Ruby Creek and Hovde Road. Policy LU-4: Provide greater flexibility in building types and land uses between Ruby Creek and Hovde Road using a commercial mixed-use zone and varied block frontage as shown on Figures 10 and 14. Figure 14: Block Frontage Map North End. Goal LU-4: Ensure that development in the Ruby Creek Neighborhood is attractive and provides variety and visual interest. 95 of 110 Policy LU-5: Designate high visibility street corners as defined in the City’s design guidelines in strategic locations along the Sidney Road SW corridor and establish requirements in these locations to accentuate building or plaza design with special design features. Policy LU-6: Require façade articulation when any proposed building exceeds 120 feet in length in the center. Policy LU-7: Ensure that there is at least 60% facade transparency on the ground floor of single- story shopfront and mixed-use shopfront buildings with a Sidney Road SW facing facade. Goal LU-5: Allow for the development of a park and ride transit facility within the center, provided that it be located at least 120 feet from the planned Sidney Road SW right of way (additional ROW needed for the Sidney Road SW project) and located behind future development sites as viewed from Sidney Road SW. See Figure 3. Policy LU-8: Ensure that park and ride facilities are a permitted or conditional use in the CMU zone within the Ruby Creek Center. Chapter 4. Housing. 4.1 Introduction. Existing housing in the Ruby Creek Neighborhood consists of two large existing apartment complexes built around 2013, and a handful of small farmstead type homes which are mostly vacant pending redevelopment. There are 232 apartment units and 8 houses in the Ruby Creek Center as of the writing of this plan. Dwelling units in the center contain about 1.9 residents per household (PSRC analysis). According to the Washington State Office of Financial Management, multifamily projects containing 5 or more units in Port Orchard contain on average 2.09 persons per household, whereas detached houses contain 2.68 persons per household. No other housing types currently exist in the center. There is a large single-family neighborhood (Stetson Heights) under development to the west of the Ruby Creek Center, containing 299 single-family residential lots with future phases planned. This project is eventually projected to contain 450 to 600 housing units. It is expected that residents of this neighborhood will regularly visit this center seeking goods and services. These single-family areas should be considered part of the neighborhood walkshed even if they are located outside of the center boundaries. There also exists rural large lot development just beyond the City boundary to the northwest and south. A population of a few hundred County residents could also be characterized as being part of this new neighborhood although rural roads make pedestrian access to the center difficult. 4.2 Ruby Creek Center Planned Housing. For planning purposes, most future housing expected within the subarea would occur in the CMU zone. This plan encourages development of mixed-use shopfront buildings in the DMU and CC zones which could contain a significant number of housing units. Estimated housing development is provided in Table 2 below, based on parcel characteristics as shown in Figure 12 in Section 3.2. The housing unit and population shown in table 2 is only an estimate and actual development yields may vary. 96 of 110 Table 2: Housing and Population Projections Property Grouping (See figure 12) Zoning Total Acreage Developable Acres (Estimated) Projected New Housing Units Estimated New Population (2.09 PPH) Per OFM 2020 A CMU 18.5 13.06 235 491 B DMU/CMU 19.49 6.14 100 209 C DMU/CC 4.58 1.61 0 0 D DMU/CC 4.79 1.81 0 0 E CC 5.14 1.82 0 0 F CH 0.95 0.95 0 0 G CC 1.82 1.8 54 113 H CC 0.86 0.86 0 0 I DMU/CMU 9.67 3.75 45 94 J CMU 2.68 2.68 25 52 K CMU 4.24 4.24 108 226 L CI 8.97 8.97 0 0 M PR 2.04 2.04 0 0 N CMU 2.65 2.65 80 167 O CI 4.54 4.54 0 0 P CH 2.79 2.79 0 0 Q CH 5.82 5.82 0 0 Total 647 1352 97 of 110 4.3 Goals and Policies. (Additional goals and policies beyond those already in the Comprehensive Plan) Goal H-1: Provide for a mix of housing types including but not limited to apartments (apartment buildings or apartments in a mixed-use shopfront building), townhomes, and live-work units. Policy H-1: Ensure that the development regulations allow the development of the building types described in Goal H-1 in the center, pursuant to the Zoning Map in Figure 10. Goal H-2: Provide housing serving a mix of income levels that may be owner occupied or rental housing. Policy H-2: Offer 12-year multifamily tax exemptions throughout the center in support of affordable housing. Chapter 5 Economic Development. 5.1 Introduction. The Ruby Creek Neighborhood Center currently contains a variety of businesses, goods, and services. The center is currently anchored by a 60,000+ square foot grocery store. A small strip mall, medical complex, and two gas stations also provide goods and services near the intersection of Sidney Road SW and SW Sedgwick Road. Non-residential square footage in the center is currently 213,638 square feet and supports 371 existing jobs. This figure includes an elementary school and a church. That equals 1 job per 575 square feet of nonresidential space in the center. The assumption for new commercial square footage in the center is 1 job per 300 square feet, as the expected uses would be retail, restaurant, and bars, which have a higher number of jobs per square foot of space compared to the existing uses in the center. The Ruby Creek Center plan envisions the establishment of a new central business district along Sidney Road SW between the existing development at the intersection with SW Sedgwick Road and Ruby Creek. This new central business district is intended to take the form of a “Main Street” with shopfronts on the ground floor abutting yet to be constructed sidewalks. Parking is to be provided on-street along Sidney Road with supplemental parking behind or below these shop fronts, or as on-street parking on new yet to be developed public and/or private streets. It is critical to the success of a new business district to ensure that there are a sufficient number of dwellings within walking distance to support these businesses. This will lower parking demands and increase activity in the area. The minimum residential threshold for the Ruby Creek Neighborhood Center should be 1,800 residents within walking distance (1/2 mile) of the central business district. Nonmotorized improvements, transit, on- and off-street parking, gathering spaces, and an active streetscape will all contribute to a vibrant business district. 5.2 Ruby Creek Center Planned Employment. For planning purposes, most future employment expected within the sub area would occur in the CC, CH, and DMU zones. Some employment is expected in the CMU zones, but this is expected to be limited to jobs that support the leasing, recreation, and maintenance of multifamily housing. Expected employment per 1,000 square feet of future commercial square footage is shown in Table 3 below. The letters in the property group column correspond to the map (Figure 12) in section 3.2. The employment estimates shown in Table 3 below is only an estimate and actual development yields may vary. 98 of 110 Table 3: Square Footage and Employment Projections Property Grouping Zoning Total Acreage Developable Acres (Estimated) Acreage Designated CC, DMU, CH Expected New Commercial Square Footage New Jobs (1 Job Per 300 square feet) A CMU 18.5 13.06 0 1500 5 B DMU/CMU 19.49 6.14 1.83 15500 52 C DMU/CC 4.58 1.61 1.61 5800 19 D DMU/CC 4.79 1.81 1.81 6200 21 E CC 5.14 1.82 1.82 0 0 F CH 0.95 0.95 0.95 0 0 G CC 1.82 1.8 1.8 5000 17 H CC 0.86 0.86 0.86 9000 30 I DMU/CMU 9.67 3.75 1.07 14900 50 J CMU 2.68 2.68 0 0 0 K CMU 4.24 4.24 0 1500 5 L CI 8.97 8.97 0 0 0 M PR 2.04 2.04 0 0 0 N CMU 2.65 2.65 0 1000 3 O CI 4.54 4.54 0 0 0 P CH 2.79 2.79 2.79 40000 80 Q CH 5.82 5.82 5.82 0 0 Total 99.53 65.53 20.36 100,400 281 Total employment in the Ruby Creek Neighborhood Center is projected to be 652 (371 existing + 281 new) jobs once the center is fully developed. 5.3 Goals and Policies. Goal ED-1: Provide zoning for ground floor shopfront development and retail, service, restaurant, and other compatible uses along Sidney Road SW. Policy ED-1. Require ground floor shopfront development along Sidney Road SW from SW Sedgwick Road north to Ruby Creek, through either single-story shopfront or mixed-use shopfront building types. Policy ED-2. Allow ground floor shopfront development along Sidney Road SW and SW Sedgwick Road. Policy ED-3. Allow residential uses above shopfront development where shopfront development is required. 99 of 110 Policy ED-4: Encourage mixed-use shopfronts on CC zoned properties by offering multifamily tax exemptions for the multifamily portion of the project. Goal ED-2: Ensure that uses which are not compatible with building a walkable neighborhood center are prohibited. Policy ED-5. Prohibit additional drive through businesses, gas stations, storage facilities, or other commercial uses that don’t contribute to a walkable neighborhood center. Chapter 6 Parks. 6.1 Introduction. It is critical to consider the availability of parks and recreational amenities when planning countywide centers. Parks provide a gathering place for neighborhood residents, and recreational facilities contribute to public health and provide connections within the neighborhood. Within the existing apartment complexes in the Ruby Creek Center there are private park and recreation facilities maintained by the apartment owners. This type of private open space is required for all development per the design standards found in the City’s municipal code. No public parks currently exist in the center, although there are school recreation facilities at Sidney Glen Elementary School consisting of grass fields, covered basketball hoops, and playground equipment. There are also two Little League owned baseball fields located in the north end of the center along Sidney Ave SW. The development of public parks and recreation facilities in the Ruby Creek Center is critical to developing a successful neighborhood center. The preferred alternative depicts a public park to be constructed to the southwest of the confluence of Blackjack Creek and Ruby Creek. This proposed park plans to use pockets of developable land, critical area buffers, and floodplain areas to provide recreational amenities. Amenities would include parking, restrooms, playground equipment, walking paths along and over Ruby Creek via a pedestrian bridge, and other public amenities. Due to the degraded nature of these critical areas and flood plains, and the desire to provide public access (walking paths) along and across Ruby Creek, it is expected that critical areas variances will be needed to allow for park construction. Any variance will require significant habitat restoration and enhancement. All active recreation and parking areas will be constructed outside of critical areas but walking paths and a pedestrian bridge would be constructed within these buffers. Due to the significant opportunities to complete restoration work, it is expected that the park would include a landscape that is adaptive to flooding and that significant education and interpretive opportunities could occur in the park. For more information on this planned park, please see the City’s Parks, Recreation and Open Space Plan. Goal P-1: Encourage the development of a public neighborhood park in the Ruby Creek Neighborhood. Policy P-1: The neighborhood park should incorporate natural or environmental features. Policy P-2: Provide walking paths along Ruby and/or Blackjack Creeks and (a) pedestrian crossing(s). Goal P-2: Encourage the development of public plazas and other gathering spaces along Sidney Road SW. 100 of 110 Policy P-3: Designate significant street corners on the block frontage standard maps as shown on Figures 13 and 14 to encourage the development of public gathering spaces along the central business district corridor. Policy P4: Provide extra sidewalk width in the central business district as part of the Sidney Road SW road section. Goal P-3: Provide recreational paths and trails, public and private sidewalks, and public bike lanes and paths within the center. Policy P-5: Provide bicycle lanes on Sidney Road SW through the center. Policy P-6: Ensure that sidewalks are constructed along all public and private roads within the center. Chapter 7 Natural Systems. 7.1 Introduction. The Ruby Creek Center and the lands adjacent to the center contain critically important habitats, especially creeks and wetlands. Blackjack Creek runs along the eastern boundary of the center. Ruby Creek, an important tributary to Blackjack Creek, flows through the center and crosses under Sidney Road SW. This watershed is a critical habitat to a variety of species including summer and fall Chum Salmon, Coho and Chinook Salmon, Steelhead, and Cutthroat. Of these species, Steelhead are currently listed under the endangered species act. Fish barriers exist along both Blackjack and Ruby Creek. WSDOT has plans to replace the partial barrier located under SR-16. The City is seeking grant funding to replace the Ruby Creek culvert under Sidney Road SW. Sidney Road currently lacks pedestrian improvements and will likely need to be widened. This widening will likely require some mitigation for impacts to the Ruby Creek corridor which could occur in conjunction with the park project described in Chapter 7. Although the Ruby Creek Center is planned as urban development, it is critical to take a sensitive approach to design to ensure compatibility between new development and these natural features. 101 of 110 Figure 15: The City has developed preliminary culvert replacement plans for the Ruby Creek culvert under Sidney Road SW and is seeking grant funding for this project. 7.2 Goals and Policies. (Additional Goals beyond those already in the Comprehensive Plan). Goal NS-1: Encourage the protection of Ruby and Blackjack Creeks and provide educational and interpretive opportunities to residents about the critical functions that these features serve. Policy NS-1: Provide wildlife viewing areas and interpretive signage. Policy NS-2: Ensure that wetland buffers and fish and wildlife habitat buffers are provided consistent with critical areas regulations. Policy NS-3: Ensure that minimum flood plain elevations are observed. Goal NS-2: Ensure that all critical habitats, especially anadromous fish habitats in the Ruby Creek Neighborhood, are protected, restored, and enhanced. Policy NS-4: Seek opportunities to enhance and restore wetlands, streams, and buffers in the Ruby Creek Neighborhood. Policy NS-5: Provide for extensive use of low impact development in project and street design. Policy NS-6: Remove City owned fish passage barriers within the subarea. Goal NS-3: Allow for the development of low impact walking paths and trails along Ruby Creek and Blackjack Creek to encourage protection, education, and stewardship. 102 of 110 Policy NS-7: Permit walkway, trail, and pedestrian bridge construction, provided that habitat mitigation is provided in accordance with the critical areas code. 7.3 Natural Systems Project List. The following are projects to improve natural systems that have been identified for completion within the subarea: Table 4: Natural Systems Project List Project Name Agency Project Cost Funding Source SR-16 Blackjack Creek Culvert Replacement WSDOT 11,200,000 State Sidney Road SW Ruby Creek Culvert Replacement City of Port Orchard $1,800,000 Grant/Stormwater Utility Blackjack/Ruby Creek Stream and Floodplain Restoration City of Port Orchard $500,000 Grant/Parks Impact Fees Chapter 8 Utilities. 8.1 Introduction. The Ruby Creek Center is served by City water, sanitary sewer, and stormwater, Puget Sound Energy (electric and gas), Comcast, Wave, Century Link, and KPUD (cable, phone, and/or internet). Significant utility upgrades are required to support the development and buildout of the Ruby Creek Center. Water source and storage, sewer lift station, force main, and gravity main improvements, stormwater improvements, and extension of underground power, gas, and telecommunication infrastructure are all necessary to support development. Although the City’s water and sewer system plans will contain the most up to date information, several projects are currently identified to support the level of development identified in this plan. Those projects are listed in Table 5. Some of the projects listed in Table 5 have their locations indicated on Figures 4, 6, or 8. Other projects may be located outside of the center boundary but are needed to support center build out. Table 5: Utilities Project List Water/Sewer Project Name Project Description Water Well 13 Well 13 increases available water source in the 390 pressure zone. Water 390 Booster Pump Some areas in the 390 zone (outside of the Ruby Creek Area) could see pressures below the minimum 30 PSI if additional connections in the 390 zone are made. A booster pump will increase pressure to these properties. 103 of 110 Sewer Albertson’s Lift Station Capacity Upgrades The wet well at the Albertsons lift station is undersized for anticipated development. Sewer North Ruby Creek Lift Station A sewer lift station is needed to support growth in the sub area to the north of Ruby Creek. Sewer South Ruby Creek Lift Station A second South Ruby Creek lift station may be needed if the Albertson’s lift station cannot be upgraded sufficiently. This project would support growth in the center and west of the center and south of Ruby Creek. Sewer Sidney Road SW Second Force Main A second sewer force main will be needed to support the full buildout of the Ruby Creek Neighborhood Center running from the Albertson’s lift station to the Cedar Heights Lift Station. Electric PSE Sidney Ave undergrounding and transmission relocation Underground local power service and move transmission poles (Schedule 74). Goal U-1: Encourage a comprehensive and collaborative approach between the City and developers to improving utility systems in the Ruby Creek basin. Policy U-1: The City should facilitate meetings between private developers and encourage the use of all legally available financing mechanisms for building out utilities in the center. Policy U-2: The City’s water, sewer, and stormwater system plans should identify needed improvements in the center and determine which projects are in support of development vs. projects needed to correct existing deficiencies. Policy U-3: The City should ensure the costs and benefits for system improvements are equitable between all landowners and existing rate payers. Goal U-2: Ensure that adequate operational water supply and fire flow are available to support development in the Ruby Creek Center. Policy U-4: Provide employment and population assumptions for the center as contained in this plan to the City’s water system manager for inclusion in the next water system plan update. Goal U-3: Ensure that sanitary sewer facilities are available to support development in the Ruby Creek Center. Policy U-5: Secure the needed property and/or easements to expand the Albertson’s lift station, or, identify a site for a new sewer lift station in the center. 104 of 110 Policy U-6: Extend gravity sewers throughout the center to support development. Policy U-7: Ensure the sanitary sewer force main leaving the center is adequately sized for full build out of the center. Goal U-4: Ensure that adequate stormwater facilities exist to serve the public streets and sidewalks in the Ruby Creek Center. Policy U-8: Build low impact development (LID) stormwater facilities to manage stormwater created by new public and private streets within the center. Figure 16: Low Impact Development Stormwater Management Techniques incorporated into street design. This sort of design is encouraged in the Ruby Creek neighborhood. Goal U-5: Ensure that telecommunication facilities are adequate to support 21st century users. Policy U-9: Ensure that KPUD has access to trenches as roads and utilities are installed. Policy U-10: Provide for integration of 5G wireless facilities in the streetscape along Sidney Road SW. Chapter 10 Transportation. 10.1 Introduction. The Ruby Creek Center is established along the Sidney Road SW corridor near the intersection of SW Sedgwick Road. Historically, Sidney Road SW was a primary north-south route through Kitsap County connecting Purdy and Gig Harbor to the south with Port Orchard (Town of Sidney). This road’s role was changed with the construction of SR-16. Access to SR-16 and SR-160 is provided at an interchange to the southeast of the Center. Kitsap Transit provides transit service to the center and is evaluating the possibility of a park and ride in or near the center. SR-160 provides access to the Southworth Ferry Terminal, with ferry service continuing on to Vashon Island, West Seattle, and Downtown Seattle via WSDOT and Kitsap Transit Ferries. As part of center development, improvements are envisioned for both Sidney Road SW and SW Sedgwick Road along with other new public or private roads. Sidney Road SW is classified as a Minor Arterial. Pursuant to the City’s Public Works and Engineering Standards, Sidney is planned to be improved as a complete street through the center. To achieve Countywide Center requirements, the standard road section has been modified to ensure wider 105 of 110 sidewalks, required bicycle lanes, and low impact development landscape treatments. The Sidney Road section in the “main street” core of the center is designed to slow traffic, facilitating a safe walking and shopping environment as well as street parking. The Sidney Road SW streetscape is a critical public infrastructure facility required to transport this neighborhood into a Countywide Center. The Sidney Road SW section drawings are shown in Figures 17, 18, and 19. SW Sedgwick Road is classified as a Principal Arterial. Pursuant to the City’s public works and engineering standards, SW Sedgwick Road is planned to be improved as a complete street that provides access to the Ruby Creek neighborhood and allows significant throughput. This road is significantly constrained due to critical areas between Sidney Road SW and SR-16, and experiences regular backups. Widening this road may require some sacrifices such as sidewalks on one side of the roadway to ensure that critical environments are protected. To the west of Sidney Road SW, a developer plans to install a non-motorized pedestrian pathway along the north side of SW Sedgwick Road west to the city boundary to provide access to a single-family residential development to the west of the Ruby Creek Neighborhood. Although the City will not be making improvements to the SR-16/SR 160 interchange, it is important encourage the state to make improvements to this facility. Improved access to these state highways from the Ruby Creek Center will be needed as the City grows. Figure 17: Sidney Road SW – Storefront Road Section. This road section corresponds with the section of Sidney Road SW designated as a storefront street in Figure 13. Figure 18: Sidney Road SW. This road section would be used in the center to the north of the Ruby Creek crossing. 106 of 110 Figure 19: Sidney Road SW. Where Sidney Road SW crosses Ruby Creek, the road will narrow and taper to the above standard. This will minimize impacts to Ruby Creek while providing for nonmotorized connectivity. This section requires culvert replacement. Goal T-1: Improve Sidney Road SW between SW Sedgwick Road and Hovde Road generally in accordance with Figures 17, 18, and 19 above. Policy T-1: Provide pedestrian crossings across Sidney Road SW at regular intervals through the corridor. Policy T-2: Ensure that driveways and roads to the north and south of Ruby Creek are aligned across Sidney Road SW to facilitate safe pedestrian crossings of Sidney Road SW. Figure 20: Align driveways to facilitate pedestrian crossings throughout the Sidney Road SW corridor. Policy T-3: Provide on street parking through the center along Sidney Road SW. Policy T-4: Minimize pedestrian crossing distances through the corridor using bulb-outs. Policy T-5: Design Sidney Road SW in a way to reduce vehicle speed and increased pedestrian safety. 107 of 110 Policy T-6: Integrate urban low impact development stormwater management features in the roadway design, including landscaped infiltration galleries between the on-street parking lanes and sidewalks. Ensure that the infiltration galleries allow ample opportunities for access between parking areas and sidewalk. (See Figure 16.) Goal T-2: Improve SW Sedgwick Road between Sidney Road SW and SR-16 to ensure that traffic can flow freely through this constrained road segment. Policy: T-7: Continue to work with and lobby WSDOT to improve SR-160 and the interchange at SR- 160 and SR-16. Policy: T-8: Improve SW Sedgwick Road as a complete street and add additional lanes if warranted. (SW Sedgwick Road should be evaluated to determine whether widening is warranted or whether the deficiency in this corridor is caused by WSDOT facilities.) Goal T-3: Improve connectivity between the Ruby Creek Neighborhood and areas to the north, including SW Berry Lake Road, Cedar Heights Middle School, and the Tremont Street corridor. Policy T-9: Coordinate City improvements to Sidney Road SW between Tremont Street and SW Sedgwick Road with intersection improvements at Berry Lake Road, to enhance pedestrian and bicycle connectivity and safety throughout this north-south corridor. Goal T-4: Discourage private surface parking lots in favor of on-street parking, under building parking, and structured parking. Policy T-10 Consider offering multifamily tax exemptions to projects that do not use surface parking lots. Policy T-11: Provide an exemption to surface parking standards for parks and park and ride facilities. Goal T-5: Encourage the development of storefronts along the frontage of Sidney road SW. Policy T-12: Designate Sidney Road SW as “storefront block frontage” in the city’s design standards and require a build-to-zone along this frontage. Goal T-6: Support expanded and more frequent transit service in the Ruby Creek Center. Policy T-13: Adjust transit stop locations for maximum convenience as Sidney Road SW corridor develops. 108 of 110 Figures 21 and 22: Kitsap Transit map and schedule showing current Route 5 location, stops, and frequency. Policy T-14: Support the development of a park and ride in or near the Ruby Creek Center. Policy T-15: Support increased transit frequency for transit service in the Ruby Creek Center. Goal T-7: Support bicycle infrastructure and provide bicycle amenities in the Ruby Creek Center. Policy T-16: Provide bike lanes or grade separated pathways running east/west and north/south through the Ruby Creek Center. These may be in the SW Sedgwick Road and Sidney Road SW right of way or running parallel to the ROW. 109 of 110 Policy T-17: Ensure that bicycle parking is provided in the Ruby Creek Center. Goal T-8: Provide pedestrian Infrastructure throughout the Ruby Creek Center. Policy T-18: Ensure that existing and proposed streets in the Ruby Creek Center are constructed with sidewalks on both sides of the street and landscape strips for pedestrian vehicle separation. Policy T-19: Provide pedestrian connectivity between and within development projects in addition to that which is provided along public and private streets. Goal T-9: Provide safe multimodal access to the schools located along Sidney Road SW and Pottery. Policy T-20: Ensure that sidewalks are provided between the center and Sidney Glen Elementary School and to Cedar Heights Elementary School. Goal T-10: Coordinate electrical transmission and power pole relocation and undergrounding with road projects on Sidney Rd SW. Policy T-21: Undergrounding of power lines should be required through the storefront section of the Sidney Road SW corridor. Goal T-11: Evaluate options for pedestrian and bicycle safety improvements in the vicinity of Sidney Glen Elementary school, to ensure safe walking and bicycling conditions, safe and efficient pickup and drop-off for students, and safe vehicle turning movements at intersections. Policy T-22: As part of a future Sidney Road SW corridor project, ensure that pedestrian and bicycle safety and access improvements are made at the intersection of SW Birch Road and Sidney Road SW. 110 of 110