046-17 - Ordinance - Establishing Mixed-Use Pilot Program and Development RegulationsORDINANCE NO. 046-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A MIXED-USE PILOT PROGRAM AND
DEVELOPMENT REGULATIONS, PROVIDING FOR SEVERABILITY
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City desires to promote transit oriented mixed-use development
in its downtown and local centers in accordance with the Comprehensive Plan goals and
policies; and
WHEREAS, a pilot program can provide the city with examples of mixed use
projects and proof of concept for the viability of mixed use development in Port Orchard;
and
WHEREAS, Port Orchard has not seen a mixed use (residential over commercial)
project developed locally since the passage of the growth management act in 1991; and
WHEREAS, mixed-use development is currently allowed in the City's existing
mixed-use (permitted outright) and commercial zones (permitted by conditional use
permit); and
WHEREAS, Port Orchard has had zoning in place allowing for mixed-use
development for more than 15 years; however, these regulations have not yielded any
mixed-use projects despite significant residential growth within the city; and
WHEREAS, anecdotal evidence suggests that the existing development
regulations and zones in which mixed-use development would be allowed do not produce
economically viable mixed-use projects and are barriers to mixed use development. (For
instance, in some areas of the city, the code allows a 55-foot building and 100% lot
coverage but doesn't allow a sufficient residential density to fill the upper stories of the
building with residential dwellings of a typical square footage.); and
WHEREAS, the 2016 Port Orchard Comprehensive Plan and Kitsap County
Countywide Planning Policies call for the City of Port Orchard to accommodate an
additional 8,235 people and 3,132 additional jobs (over the period from 2010-2036); and
WHEREAS, Port Orchard is growing at a rate slightly below its population
allocation as expressed in a linear projection; and
WHEREAS, Port Orchard's Comprehensive Plan calls for 2.1% annual population
growth to meet its 2036 population allocation target; however, from 2016-2017, the
Office of Financial Management projects that the city only grew at 1.3%; and
Ordinance No. 046-17
Page 2 of 20
WHEREAS, Port Orchard's Commercial and Mixed-Use zones are underperforming
as it pertains to residential development in support of the city's growth allocation
(targets); and
;WHEREAS, the City's 2016 update to its comprehensive plan included a local
centers approach to planning and called for mixed-use development and increased
densities within local centers; and
;
I WHEREAS, the proposed Mixed-Use Pilot Program implements numerous
comprehensive plan policies and goals including:
Land Use Element Policies and Goals
• Policy LU-23 Enable land use patterns that allow all residents to safely
and efficiently access commercial services, especially grocery stores and
healthcare facilities, without an automobile.
Land Use Element General Center Policies and Goals:
• Policy CN-5 Support pedestrian and transit uses by promoting compact,
mixed-use areas with appropriate infrastructure that provide a variety of
activities.
• Policy CN-2 The City should support employment growth, the increased
use of non-automobile transportation options, and the preservation of
the character of existing built-up areas by encouraging residential and
mixed-use development at increased densities in designated Centers.
(Centers Goals 1,2,3,4,5,6; Housing, Parks, Economic Development,
Transportation, and Capital Facilities Elements)
• Goal 10. Update the existing Downtown Development Regulations
(currently known as the Downtown Overlay District) to better define
design guidelines, the design review process, and to encourage a balance
between historic preservation and redevelopment in accordance with the
following purposes:
o Provide for the development of an integrated mixed use
downtown district that contains office, service, retail, residential
and recreational uses within close proximity to one another.
• Goal 13. Encourage mixed use development within the Downtown and
Gateways.
• Policy CN-19 Encourage residential use above commercial and retail
ground floor developments, including incentives and public amenities.
• Goal 14. Encourage facilities that will draw local residents and tourists to
Downtown and the Gateways.
Housing Policies and Goals:
• Goal 1. Ensure that the City's housing stock responds to changes in
desired housing types based on demographic trends and population
growth.
Ordinance No. 046-17
Page 3 of 20
• Policy HS-2 Support the development of a variety of housing types,
including apartments, townhomes, mixed-use (residential and other uses)
and live-work development, small-lot and zero lot line single-family
homes, and manufactured homes, as well as traditional single-family
homes, through innovative planning, efficient and effective
administration of land and building codes, and, where available,
applicable financial assistance.
• Goal 2. Ensure that housing is affordable and available to all
socioeconomic levels of Port Orchard residents.
• Policy HS-4 Adopt zoning and development regulations that will have the
effect of minimizing housing costs and maximizing housing options.
• Goal 3. Encourage the clustering of new housing developments in
designated mixed-use Centers where residential uses are co-located with
commercial uses
• Policy HS-9 Implement minimum residential density requirements in
centers of local importance in order to increase land and infrastructure
efficiency.
• Policy HS-10 Encourage the development of vertical multi-family housing
above ground floor commercial uses within centers of local importance.
• Policy HS-11 Encourage the development of a mix of housing types
within walking and bicycling distance of public schools, parks, transit
service, and commercial centers.
• Goal 4. Promote the efficient provision of municipal infrastructure and
services to new housing developments.
• Policy HS-12 Require that new housing developments occur concurrently
with necessary infrastructure investments.
• Goal 5. Promote the efficient use of residential land in order to maximize
development potential.
• Policy HS-14 Implement zoning and development regulations which
encourage infill housing on empty and redevelopable parcels.
• Goal 9. Ensure that future residential development protects and
maintains natural ecosystems and critical areas, including wetlands,
streams, and wildlife habitats.
• Policy HS-26 Prioritize residential growth in centers of local importance.
Economic Development Policies and Goals:
• Goal 2. Encourage new commercial development to occur within
designated centers of activity near housing, multi-modal transportation
connections, and urban services.
• Policy ED-6 The City shall encourage residential and commercial growth
in mixed-use local centers where job opportunities and a diverse mix of
retail and office activities are concentrated.
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Ordinance No. 046-17
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• Policy ED-7 The City shall prioritize economic development and
redevelopment in local centers.
• Goal 5. Increase residents' ability to enjoy a high quality of life and access
to healthy living opportunities, such as locally produced food, nearby
grocery stores, parks and open space, and safe streets for walking and
bicycling.
• Goal 6. Provide a diverse mix and appropriate range of commercial,
industrial, and business park uses within Port Orchard and South Kitsap
area that will provide living wage jobs.
• Policy ED 25 The City shall ensure that local mixed-use centers allow for
neighborhood scale grocery stores and restaurants to ensure that the
City's residents have access to healthy food options.
• Policy ED-27 The City shall, through changes to the land use code,
encourage mixed use developments within centers of local importance
that will enhance the visual, economic, and environmental quality of
these areas and improve the transition between commercial and
residential districts;
WHEREAS, downtown Port Orchard is a designated local center in the 2016
Comprehensive Plan and as designated in appendix F of the Kitsap County Countywide
Planning Policies; and
WHEREAS, barriers to mixed-use development have been identified including
maximum zoning density that doesn't fit allowable building heights, conflicting height
limit measurement methods, height restrictions that don't justify the cost of underground
parking, excessive minimum parking standards, a nebulous design review process lacking
clear written standards, a conditional use permit process required for both mixed use
development in commercial zones and for height bonuses, and numerous and sometimes
contradictory overlay districts; and
WHEREAS, retail sales patterns resulting from online sales growth and changing
generational preferences are disrupting the commercial real estate market; and
WHEREAS, the Kitsap County Buildable Lands Report showed a surplus of
commercial land within the city limits of Port Orchard; and
WHEREAS, the areas targeted under this mixed-use pilot program are currently
designated commercial in the comprehensive plan with either a Commercial, Business
Professional, or Mixed-use zoning designation; and
WHEREAS, in designating areas under this program, the city has identified sites
within walking distance of downtown, the Bay Street Pedestrian Pathway (segments 1-6),
and the Kitsap Transit Downtown Foot Ferry terminal; and
:
Ordinance No. 046-17
Page 5 of 20
WHEREAS, the city is not seeking to redevelop the core of downtown Port Orchard
(from Frederick to Harrison) under this ordinance, but rather undeveloped and
underdeveloped properties near the downtown core which when developed could
contribute to downtown economic development and vitality; and
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WHEREAS, Kitsap County and Port Orchard suffer from a lack of affordable
!housing; and!;
WHEREAS, increasing the number of available housing units and providing for
alternative housing types is one way to increase the supply of affordable housing; and
il WHEREAS, apartment vacancy rates in Kitsap County remain low at 4.6%
countywide and 3.5% in Port Orchard as of January 2017; andlI
WHEREAS, the construction cost of parking represents a significant cost of housing
development and rent; and
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i WHEREAS, ground floor retail uses abutting Bay Street are not currently required
to provide parking due to the presence of on-street parking within the Bay Street right of
way; and uses occupying spaces above the ground floor on sites abutting Bay Street are
currently required to provide dedicated off-street parking; and1
WHEREAS, few opportunities exist in Port Orchard for car-free living to limited
transit services and a lack of non-motorized pedestrian facilities; and
WHEREAS, the areas identified for mixed-use transit oriented development in this
pilot program potentially allow for car free living due to the availability of the new high
speed passenger ferry from Bremerton to Seattle, the Kitsap Transit foot ferry connecting
Port Orchard and Bremerton, Kitsap Transit bus services, as well as car sharing services
such as Uber and Lyft, zip car, car-to-go which are becoming increasingly available
throughout the region; and
;
WHEREAS, transit oriented development and car free living further the city's
greenhouse gas emission policies; and
WHEREAS, the Port Orchard Chamber of Commerce conducted a downtown
parking study and found that there is ample parking available in and around downtown
Port Orchard with 926 available parking spaces in the immediate downtown area; and
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WHEREAS, the City continues to improve pedestrian infrastructure along the
waterfront including the construction of the Bay Street Pedestrian Pathway which by
2019 will extend from more than 1 mile along the downtown waterfront and provide
accessible connectivity to the Kitsap Transit bus and ferry services; and
Ordinance No. 046-17
Page 6 of 20
WHEREAS, the basic building block of a community is the neighborhood; and
WHEREAS, a neighborhood is limited in physical size, with a well-defined edge and
center; and
WHEREAS, a neighborhood should comprise a fine-grained mix of land uses,
providing opportunities for all segments of the population to find places to live, shop and
be entertained; andi
WHEREAS, the neighborhood should be based on the distance a person can walk
within five minutes from the center to the edge of the neighborhood; andi
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WHEREAS, buildings should be in proportion to human scale; and
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WHEREAS, infill development has significant advantage to greenfield
development and can leverage existing infrastructure; and
i WHEREAS, dense mixed-use development reduces the financial burden of
maintaining public infrastructure and services; and
WHEREAS, successful mixed-use projects are needed in Port Orchard to
demonstrate project viability and market demand for mixed use retail space and
apartments (or condos); and
WHEREAS, a SEPA Determination of Non-Significance was issued on this proposed
ordinance on October 20, 2017; and
WHEREAS, the City submitted a request for expedited review of the proposed
ordinance to the Department of Commerce on October 17, 2017; and
WHEREAS, the Planning Commission held a public hearing on this proposed
ordinance on November 7, 2017 and voted to recommend that the City Council of Port
Orchard approve the proposed mixed-use pilot program and adopted the above whereas
statement as findings in support of their recommendation; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support of
this ordinance.
SECTION 2. An alternative set of development regulations known as the Transit Oriented
Ordinance No. 046-17
Page 7 of 20
Mixed-Use Pilot Program is hereby adopted to read as follows:
Transit Oriented Mixed-Use Development Pilot Program
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1. Purpose. To promote transit oriented form based mixed-use development near
downtown Port Orchard and the City's passenger ferry terminal, while ensuring
that such development demonstrates high quality building and site design that
enhances the downtown business environment while complementing existing
downtown development. In addition, the Pilot Program is intended to develop a
body of successful, well-regarded examples of mixed-use buildings to inform a
later Council decision whether to finalize and/or refine development regulations
and design standards for future mixed-use projects in Port Orchard.
2. Term. The Pilot Program shall commence on the effective date, April 2, 2018.
Applications for development agreements to be submitted under the terms of this
program shall not be accepted until both of the following dates have occurred: 1)
the effective date of this ordinance; and 2) the effective date of the new
architectural and site design standards applicable to mixed use development,
which standards are still under development as of the date of adoption of this
ordinance. The Pilot Program shall expire and its effectiveness shall cease on June
30, 2019, or, once the city has received development agreement applications for
the construction of 200 residential dwelling units under the terms of this program,
whichever occurs first. Once an application for a development agreement
submitted under the terms of this program has been submitted, that application
and development agreement and any needed project approval(s) may continue to
be processed accordingly even if the effectiveness of the pilot program has
ceased. Once the City has received a counter complete application for a project
that would yield the 200th dwelling unit under the terms of this program, no
additional applications submitted pursuant to this chapter may be accepted and
any applications submitted under this pilot program after that threshold is
reached shall be added to a waitlist. The project application that proposes the
200th dwelling unit as described herein, may propose a number of dwelling units
that causes the total number of units proposed under this program to exceed 200
units, but may not cause the total number of units proposed under the pilot
program to exceed 250 dwelling units under any circumstances. (For instance, if
development agreement applications for 3 projects totaling 175 units have been
accepted, a 4th project could be accepted bringing to total number of units
allowed under the program to 230 units. While the city seeks 200 units to be
constructed under this program, the city wishes to be flexible (allowing up to 250
total units) to ensure project viability.) If a development agreement application is
rejected, substantially modified, withdrawn, or deemed withdrawn due to lack of
responsiveness on the part of the applicant, that application may be replaced with
the next application on the waitlist.
Ordinance No. 046-17
Page 8 of 20
3. Submittal of Development Agreement Application and Development
Agreement Approval Required.
A. A development agreement substantially similar to the form attached to this
ordinance as Exhibit A shall be required as a prerequisite to participation in this
program. The development agreement shall reserve any requested and available
residential capacity as allowed under this program as described in Section 2 and
include a provision requiring that a counter complete building permit application
submitted pursuant to this program be submitted within one year of the date of
development agreement approval.
B. Development agreement application window and selection process. The City
shall accept development agreement applications pursuant to this program during
an initial application window that begins on the effective date and ends on April
30, 2018. During the initial application window, if development agreement
applications for fewer multifamily dwelling units than allowed under this program
are received, then the applications will be processed on a first-come first-serve
basis and any subsequent applications submitted will be processed on a first-come
first-serve basis. If development agreement applications totaling more than 250
units are submitted during the initial application window, then the city will utilize
the competitive selection process described in Section 15 of this chapter to
determine which applications will be selected for processing. In such a case, the
city will not accept any additional development agreement applications under this
program.
C. Additional development agreement application requirements. Regardless of
whether the pilot program is administered on a first-come first-serve basis or
through a competitive process as derived in Section B above, the following
materials shall be submitted with an application for a development agreement:
i. A site plan.
ii. Building elevations of all sides.
iii. A massing study which shows a three-dimensional axonometric view of the
structure from at least 4 vantage points (the four corners of a 4-sided building)
and also shows all other buildings, above-ground structures, and roadways within
at least 300 feet of the project boundaries. See an example of a massing study in
Figure 1 below.
iv. A minimum 24x36 inch color project rendering showing the proposed structure,
associated public improvements, design elements and landscaping. See an
example of a project rendering in figure 2 below.
v. A narrative describing how the project will be consistent with the pilot
program's purpose, and how the project's incorporated design features are
consistent with the adopted architectural standards.
vi. Project details including the total number of residential units proposed, the
proposed building height, the location of proposed parking, and the total number
of parking spaces proposed.
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Ordinance No. 046-17
Page 9 of 20
vii. Details concerning any proposed projections of balconies and weather
protection into the right of way.
viii. Details and/or preliminary drawings of proposed improvements within the
public right of way.
Figure 1: An Example of a massing study.
MASSING STUDY
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view from ME
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View from SW
Figure 2: An Example of a color project rendering.
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4. Applicability.
A. This program provides alternative development standards for the specially
designated areas shown on the maps in section 4(B) below. Any such property
shown in section 4(B) Figure 3 below may still be developed under the normally
applicable development regulations as if this pilot program didn't exist, in
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Ordinance No. 046-17
Page 10 of 20
accordance with all other provisions of the POMC and state law.
B. The provisions of this pilot program only apply to areas shown designated as
MUPP-1, MUPP-2, MUPP-3 or MUPP-4 on Figure 3 below, and only until the pilot
program expires as described above.
Figure 3: MUPP Map and Height Limits.
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C. The following POMC code sections as existing now or hereafter amended shall
not apply to development in the areas described in subsection B above when
accepted into this pilot program:
POMC 20.30 Zoning Map
POMC 20.34 Zoning Districts (excluding 20.34.220)
POMC 20.38 Overlay Districts
POMC 20.46 Designated Land Uses
POMC 20.54 Nonconforming Uses
POMC 20.120 Development Standards
POMC 20.122 Common Development Standards
POMC 20.124 Parking and Circulation
POMC 20.128 Landscaping Standards
D. Minimum Project Size. Projects proposed under this pilot program shall have a
minimum building footprint of 5,000 square feet and a minimum of 10 residential
units.
Ordinance No. 046-17
Page 11 of 20
5. Mixed-Use Pilot Program Zones. The mixed-use pilot program consists of one zone that
allows four (4) different building height limits depending on where that property is in
relation to upland development and topographic features as designated on the map
above. This zone, designated Mixed Use Pilot Program (MUPP) is accompanied by a
number (1, 2, 3, or 4) that directs one to the corresponding maximum height limit.
Building height is the only difference between these four (4) designations under the pilot
program.
A. MUPP-1
B. MUPP-2
C. MUPP-3
D. MUPP-4!
6. Permitted Uses. The following uses are the only uses permitted in the MUPP (1-4)
zone. See definitions in section 16. The uses permitted under the MUPP are categorized
as either (A) storefront uses or (B) general uses. Storefront uses are permitted in outright
all locations within the MUPP zone (as designated 1-4). General uses shall be permitted
in all areas designated under the MUPP zone (as designated 1-4) except in ground floor
spaces within 40 feet of the right-of-way line of a storefront street. Exceptions to the
ground floor use requirements may be granted for building access such as a residential
apartment lobby or office lobby or a parking garage access, provided that the ground floor
area appears to consist primarily of storefronts when viewed from the street. Storefront
street/block frontages are shown on figure 3 above.
A: Storefront Uses:
i. Commercial Childcare
ii. Commercial Entertainment
iii. Library.
iv. Lodging, level 3
v. Museum
vi. Parking Access Point (not to exceed 25 feet in width).
vii. Product Services Level 1
viii. Restaurants Levels 1, 2, and 3
ix. Sales, Ancillary
x. Sales, Level 1
xi. Tavern
B. General (non-storefront) Uses
i. Dwelling, Multiple Family
ii. Accessory Uses and Structures
iii. Home Occupations
iv. Home Profession
v. Government administrative office
vi. Public/Private Services
vii. Community Recreation Hall
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Ordinance No. 046-17
Page 12 of 20
Parks
Electric (rapid) vehicle charging station
Conference Centers
Personal Services
Business Services
Professional Services.
Healthcare Services
Ancillary Services
Commercial Recreation
Parking Lot, Commercial (Parking structures, underground parking, and parking
under a building permitted, uncovered surface parking prohibited).
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
XV.
xvi.
xvii.
7. Building Height.
A. Building Heights shall be measured in accordance with the definition of "building
height" found in POMC 20.12 Definitions, except for the MUPP-1 area (which shall be
measured from the average uphill property line elevation, or when a proposed site is
located within areas regulated for minimum flood elevations under POMC 20.170, in
which case building height may be measured from the minimum flood elevation,
whichever method results in the more permissive building height. Building Heights in the
MUPP zone (as designated MUPP 1, 2, 3, or 4) shall be limited to a maximum height as
follows:
MUPP-1:15 feet as measured from the uphill property line average elevation. The MUPP-
1 height limits are intended to apply only to through lots on sloping sites between Bay
Street and Perry Ave.
MUPP-2: 48 feet, not to exceed 4 stories
MUPP-3: 58 feet, not to exceed 5 stories
MUPP-4: 68 feet, not to exceed 6 stories
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B. A ten-foot (one story) height bonus not to exceed 20,000 feet in area may be granted
to exceed the applicable maximum height provided in 7 (A) if the applicant agrees to
construct and operate (or lease to an operator) a grocery store in the same building for
which the bonus is sought, with the grocery store space measuring at least 10,000 square
feet in area. In addition to the 20,000-square foot bonus limit, the area of this additional
ten feet of building height shall not exceed 95% of the area of the floor immediately below
this bonus height (floor). A letter of interest from a grocer shall be required at the time
of application for participation in the MUPP expressing an interest in operating a store in
the proposed location. The grocery store space constructed shall be restricted by a
covenant with the city such that the space's primary use be the sale of unprepared foods
for a period of fifteen (15) years. In addition, projects receiving the bonus shall be
designed and constructed to include structural, electrical, and mechanical systems
consistent with the planned operation of a grocery store.
Ordinance No. 046-17
Page 13 of 20
C. Projections above the height limits in sections A and B are permitted for mechanical
systems and their associated screening, turrets, unoccupied towers, spires, antennas,
elevator shafts, rooftop patios and decks, landscaping, and other similar features typically
found on a flat roof.|
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8. Mix of Uses required in buildings constructed pursuant to this ordinance.
A. A mix of uses in at least one building on a site proposed for development under this
program shall be a requirement of this program. The ground floor portions of any building
within 40 feet of the right-of-way line of a storefront street as designated on figure 3 shall
only be occupied by a storefront use as listed in section 6 (A) (restaurants, retail, etc.).
General uses under section 6 (B) (multifamily dwellings, live/work dwelling units, personal
service uses, etc.) may be located on the ground floor in portions of a building which are
more than 40 feet from the right-of-way line of a designated storefront street. Exceptions
to the ground floor use requirements may be granted for building access such as a
residential apartment lobby or office lobby or a parking garage access, provided that the
ground floor area appears to consist primarily storefronts when viewed from the street.
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\9. Parking. Parking shall be provided in accordance with the minimum standards listed
below. Parking may be located on-site. Parking may be located on private property off
site provided that the property boundary containing the required parking is within 1,000
feet of the property on which the project is proposed under this program and provided
that adequate controls are established to guarantee the availability of that parking in
perpetuity unless parking requirements are reduced at a future date, or, if alternative
parking facilities are provided subject to City Council acceptance. The conditions under
which offsite required parking may be reduced or relocated shall be established in the
development agreement between the City and the applicant prior to building permit
issuance.
A. Commercial uses for ground floor storefronts abutting Bay Street between Robert
Geiger Street and Harrison: Parking is not required.
B. Dwelling Units: 0.5 vehicle spaces per dwelling unit.
C. Other Commercial Uses not located on the ground floor: Parking not required.
D. Total on-site parking for any project shall not exceed 1. 5 automotive spaces per
proposed dwelling (including any parking intended to support commercial uses), however
projects qualifying for a grocery store height bonus shall be allowed additional parking at
1 stall per 300 square feet of grocery store area.
E. Bicycle parking shall be provided at a ratio of 1 bicycle parking space per 3,000 square
feet of gross commercial floor area in a constructed building with a minimum of 3 bicycle
parking spaces provided.
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10. Required Landscaping. All areas of sites developed pursuant to this program which
are not to be covered by proposed hard surfaces or building structure shall be fully
landscaped in accordance with this section. In addition, street frontages (including areas
in the adjacent right of way) and public plazas shall be designed with landscaping in
Ordinance No. 046-17
Page 14 of 20
accordance with this subsections C and D below.
A. All areas which are not covered by building or hardscape shall be landscaped using one
or a combination of the following techniques:
i. Landscaping consisting of dense shrubs, trees, flowers is provided in accordance with
an approved landscape planting plan;
ii. Environmental restoration plan provided and implemented using native indigenous
species.
iii. Installation of lawn areas for use of residents and/or the public.
iv. Low Impact Development stormwater facilities
B. Landscape plans as prepared by a licensed landscape architect shall be provided for
review and approval in accordance with this section. Low Impact Development
stormwater facilities shall be designed by a licensed civil engineer.
C. Street trees, planters, hanging baskets, or some other landscaping appropriate for
placement within the abutting right of way shall be provided at a regular interval ranging
between 20 and 50 feet, as determined by the Director. (Provide Illustration)
D. Any public spaces and plazas developed as part of a project proposal shall include
landscape areas measuring at least 10% of the total public space and plaza area. (Provide
Illustration).
E. Permanent irrigation shall be provided for all landscape areas.
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i 11. Frontage and Sidewalk Improvements. The City may require as a provision of the
development agreement that concrete (other decorative surfaces allowed with Director
approval) sidewalks, curbs, landscaping, pedestrian ways, and (asphalt or concrete)
parking lanes immediately abutting a project developed under this program be improved
or enhanced. At a minimum, sidewalks and ADA ramps shall be improved to current City
standards. Alternative materials or patterns (such as pavers, brick, or stamped concrete)
may be required as a provision of the development agreement to coordinate with the
design and materials proposed for a proposed project. In addition, continuous ADA
compliant pedestrian ways measuring at least 6-feet in width shall be required for all
projects constructed under this program to connect the proposed project with either the
Bay Street Pedestrian Pathway (segments 1-6) or the Port Orchard Passenger Ferry
Terminal, (see map). All pedestrian ways shall be designed using guidance found in the
National Association of City Transportation Officials Urban Street Design Guide.
12. Lot Coverage. One-Hundred Percent (100%) lot coverage shall be allowed in MUPP
(1-4) areas above, except for portions of properties located within areas controlled by the
Shoreline Master Program which shall comply with lot coverage requirements as adopted
under the shoreline master program. The critical areas code may also limit lot coverage
or require setbacks in some instances.
13. Balconies and weather protection (awnings or canopies) may be proposed to project
over the sidewalk or other pedestrian right of way. Such projections shall be limited to
75% of the width of the sidewalk/landscape portion of the right-of-way, provided that no
Ordinance No. 046-17
Page 15 of 20
projection shall extend to within two feet of the vertical curb face along a street or parking
lane. Projections shall be approved under a street use permit (for removable projections)
or by partial street vacation approved by the City Council (for permanent projections). A
removable projection is one that could be removed from the right-of-way at a later date
without substantial cost and without adversely affecting the integrity of the building.
Weather protection shall be required along all building fagades adjacent to a public right
of way. In no case shall a balcony or weather protection project more than 8 feet into the
abutting right-of-way.
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14. All development proposed under this pilot program shall comply with the applicable
sections of POMC Title 20 and any Architectural and Site Design standards in effect at the
time of building permit application or as approved through a development agreement.
Note that these standards are currently under development and will only apply if adopted
prior to project vesting. The chapters that will apply are tentatively numbered and titled
as follows:
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:
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S 20.128 Introduction
20.129 Block Frontage Standards
20.130 Site Planning
20.131 Building Design
20.135 Outdoor Lighting
15. Competitive Selection Process (if required). If prior to April 30, 2018, development
agreement applications collectively expressing an intent to construct more than 250
dwelling units are submitted, then a competitive project selection process under this
section shall commence.
A. Review process. The Mayor will convene a special advisory review body which shall
function in an advisory capacity to provide a recommendation prior to the City Council
taking action to determine which projects should be included within the program. The
City Council shall determine which projects may proceed under this program. The Open
Public Meetings Act and the Appearance of Fairness Doctrine shall apply to all meetings
of the advisory review body and the city council for the purposes of evaluating and
ranking the projects in the competition.
B. The special advisory review body shall consist of:
i. The Community Development Director or designee;
ii. The Public Works Director;
iii. An architect or urban design professional appointed by the mayor;
iv. Two (2) other design professionals with urban design experience as appointed by the
mayor;
C. The special advisory review body will assess the consistency of the proposal with the
following criteria and scoring. Each member of the body shall score the project
individually, but not anonymously, and the averaged result shall be used to determine a
final score. All proposals submitted under the provisions of this section shall be evaluated
]
Ordinance No. 046-17
Page 16 of 20
based on the applicant's demonstration of the following according to the materials
submitted as of April 30, 2018:
i. Responsiveness to the following basic downtown patterns established by existing
development in the area (up to 25 points).
a. Street frontage characteristics.
b. Rhythm of development along the street.
c. Building orientation on the site and in relation to the street.
d. Street setback patterns.
e. Landscaping and trees.
f. Architectural features.
g. Historic character, if located within a designated Historic District.
ii. Pedestrian-friendly design (up to 20 Points). The degree to which the proposed
development provides exceptional pedestrian access between proposed buildings and
adjacent public rights of way and emphasizes pedestrian connectivity. The quality of the
pedestrian experience within the site and in the abutting public right-of-way shall be high.
iii. De-emphasize parking (up to 10 points). The degree to which the project meets
minimum parking requirements while concealing or effectively screening required
parking from view along public streets and rights of way.
iv. Create useable outdoor public and private spaces (10 points). The degree to which the
project provides usable and functional public and private outdoor spaces.
v. Other special project amenities (up to 10 points). The degree to which the project
provides other special amenities to its residents. Examples include but are not limited to
exercise facilities, pools, common areas, public art, etc.
vi. Affordable Housing (up to 10 points). The degree to which the project will provide
affordable housing.
vii. Sustainable features (up to 5 points). The degree to which the project incorporates
sustainability features through one of the following certification programs:,
a. Built Green
b. LEED
c. Greenroads
vii. Economic Development (up to 10 points). The type of commercial tenant spaces
created and the degree to which those spaces can support businesses that will further
enhance downtown Port Orchard as a desirable place to live and work, create synergies
with the existing business mix in and around downtown, and support tourism.
D. The special advisory committee shall score the proposed projects based on the points
system and scoring criteria in section C above and forward its recommendation to the City
Council for approval of the project rankings. The City Council shall review the advisory
committee rankings using the same criteria without being obligated to give deference to
the committee and shall make the final ranking determination. Upon the City Council's
final determination of the project rankings, the City Council may consider the
development agreement applications for the projects that were selected to proceed
forward pursuant to this program.
Ordinance No. 046-17
Page 17 of 20
16. Definitions. The definitions in POMC 20.12 shall apply to the pilot program except as
follows:
"Accessory uses and structures" shall mean a use or a structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use or
structure, means caretaker dwelling units associated with nonresidential uses,
residential garages, sheds, similar outbuildings associated with the principal residential
uses on the site and temporary buildings for and during construction.
"Ancillary services" means services primarily for the employees of a primary permitted
use. Examples of such uses include day care centers, cafeterias and exercise facilities for
the benefit of the employees.
"Business services" means an establishment engaged in providing services to individuals,
business and professional office uses. Examples of such uses include: postal services,
financial institutions, photocopying and reproduction services, janitorial services, graphic
design services, advertising services, data processing services, employment agencies.
"Commercial child care" means a state-licensed business that provides child care on a
daily basis outside of the provider's dwelling.
"Community recreation hall" means a facility provided by a nonprofit organization or
government agency, for the purposes of community gatherings, classes, meetings, etc.
Such a facility may include a commercial grade kitchen.
"Conference center" shall mean an establishment developed primarily as a meeting
facility, including facilities for recreation, overnight lodging, and related activities
provided for conference participants.
"Dwelling Unit - Multifamily" means a building that includes separate but attached
residential dwelling units, which are each designed for occupancy by one family with no
other uses except permitted accessory activities. Multifamily dwelling units may be
located in a stand-alone residential building or as a component of a mixed-use building.
"Entertainment, Commercial" means any passive recreational activities including but not
limited to movie theaters, performing arts theaters, concert halls, and arcades. Does not
include adult entertainment facilities.
"Food truck" means a vehicle or trailer located on private property from which a vendor
prepares and/or serves food for sale to the general public.
"Government administrative office" means a facility for the executive, legislative, judicial,
administrative, and regulatory activities of local, state, federal, and international
Ordinance No. 046-17
Page 18 of 20
governments that may perform public services and work directly with citizens. Typical
facilities include courthouses, human and social service offices, health offices, and
government offices.!
Health Services: Includes offices, patient clinics, and medical dental laboratories.
"Home occupation" means any activity conducted for financial gain or profit in a dwelling
unit by persons residing therein, and which activity is not generally or customarily
characteristic of activities for which dwelling units are intended or designed and such
activity is clearly incidental or secondary to the residential use of a dwelling unit.
"Home Profession" means a limited-scale activity undertaken for financial gain with no
on-site fabrication, service or sales, which occurs in a dwelling unit or accessory building
and is subordinate to the primary use of the premises as a residence in accordance with
the provisions of Chapter 20.60 POMC.
"Lodging, level 1" means a single-family residence which provides overnight lodging for
guests, and may provide meals for overnight guests, not to exceed seven guest rooms.
"Lodging, level 2" means an establishment providing sleeping accommodations with a
majority of all guest rooms having direct access to the outside without the necessity of
passing through the main lobby of the building, with or without food services, and may
include conference facilities.
"Lodging, level 3" means an establishment providing sleeping accommodations with a
majority of all guest rooms having direct access through the main lobby of the building,
with or without food services, and may include conference facilities.
"Museum" means a building or place for the acquisition, conservation, study, assembly
and public display and/or exhibition, and educational interpretation of objects having
historical, cultural, scientific, or artistic value.
"Parking Lot Commercial" means an off-street parking area, a majority of which is
available to the public, and such parking is the primary use of the site.
"Parks" means land used for active and passive recreation including, but not limited to,
local and regional parks, playgrounds, ballfields, water access facilities and
nonmechanical boat launches.
"Personal services" means an establishment engaged in providing services involving
nonmedical care of a person and/or his or her personal goods or apparel. Examples of
such uses include: laundromats, drycleaners, barbers, hairstyling salons, spa services,
indoor pet grooming salons, photography studios, dance schools, karate schools, and
Ordinance No. 046-17
Page 19 of 20
indoor fitness centers no more than 20,000 square feet in size.
"Product services, level 1" means businesses engaged in servicing, repair or maintenance
of small personal items such as shoes, small appliances, computers, watches and clocks,
jewelry, and clothing, etc.
"Product services, level 2" means all product services, level 1 uses plus large appliance
repair, auto repair, boat repair and garden equipment repair.
"Professional services" means specialized services or skills provided in an office setting,
such as lawyers, licensed health care providers, architects, engineers, consultants,
accountants and financial advisors.
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"Public/private services" means uses such as libraries, fire stations, police stations,
government and school maintenance and storage facilities, and public parking lots.
"Recreation - Indoor commercial" means any indoor active recreational use, including but
not limited to tennis centers, fitness centers greater than 20,000 square feet in size,
bowling, skating, and swimming.
"Recreation - Outdoor commercial" means any outdoor active recreational use, including
but not limited to tennis, golf, outdoor fitness centers, skating and swimming.
"Restaurant Level 1" establishment provided the Restaurant 1 use does not exceed 1,200
square feet in size.
"Restaurant Level 2" means an establishment that prepares and serves food and
nonalcoholic beverages.
"Restaurant Level 3" means an establishment that prepares and serves food and alcoholic
beverages.
Sales, Ancillary "Ancillary sales" means sales directed towards the employees or patrons
of a primary permitted use with no exterior signage.
"Sales, level 1" means general sales including grocery stores, hardware stores, variety
stores, nurseries, pharmacies, bakeries, flower shops, and similar general retail uses.
"Sales, level 2" means automobiles, trucks, motorcycles, recreational vehicles, boats and
trailer sales.
"Sales, level 3" means heavy equipment sales and rentals, and including outdoor bulk
sales of building and landscaping supplies.
Ordinance No. 046-17
Page 20 of 20
"Tavern" means an establishment that serves alcoholic beverages as its primary use.
SECTION 3. The development agreement template as attached hereto as Exhibit A is
adopted by reference.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title,
PROVIDED THAT this ordinance shall not take effect any earlier than April 2, 2018 regardless of
the publication date.
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 14th day of November 2017.
Robert Putaansuu, Mayor
SPONSOR:ATTEST:
Z2L Bek Ashby, CouncilmembyrBrandy Rinearson, CMC, City Clerk
§£$•* c\ \
\ SEALj I
APPROVED AS TO FORM:
($hafon Cates, City Attorney
November 24, 2017
November 29, 2017
PUBLISHED:
EFFECTIVE DATE:
Exhibit A
DRAFT October 30, 2017
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD
FOR THE
[insert project name] DEVELOPMENT
AND
THIS DEVELOPMENT AGREEMENT executed on
the “Development Agreement” recorded under Kitsap County Auditor’s No.
number), is made on the
Port Orchard, a Washington municipal corporation, hereinafter the “City,” and
, a limited liability corporation (may need to change), organized
under the laws of the State of Washington, hereinafter the “Developer.”
(hereinafter
add
, 2018, by and between the City ofday of
RECITALS
WHEREAS, this development agreement has been prepared, in part, for the
purpose of reserving limited residential dwelling unit capacity for mixed use development
under the City of Port Orchard Mixed Use Pilot Program (MUPP); and,
WHEREAS, the MUPP has an upper limit on the number of residential units to be
permitted under the program and stipulates that these units be reserved under a
development agreement prior to the applicant submitting a building permit application;
WHEREAS, the MUPP was adopted in furtherance of the goals and policies of the
City of Port Orchard Comprehensive Plan to provide “high quality building and site design
that enhances the downtown business environment while complementing existing
downtown development” and “to develop a body of successful, well-regarded examples of
mixed use buildings to inform a later Council decision whether to finalize and/or refine
development regulations and design standards for future mixed-use projects in Port
Orchard,” both of which constitute public benefits; and
Development proposal includes the following
elements: [insert appropriate description such as, xxx dwelling units, and yyy square feet
of office space, zzz square feet of retail space, and be sure to include all elements for
which development received points as part of competitive application process]', and
WHEREAS, the
WHEREAS, the Developer has proposed to construct and, after City inspection and
approval, dedicate to the City without cost, for ownership and maintenance, frontage and
sidewalk improvements, and other public amenities, if applicable,_ (all as set forth in its
[Insert Project Title]
Page 1 of 5
Exhibit A
application and in sections XXX and YYY of the Development Agreement) to serve the
Development; and
WHEREAS, the City would like to provide the Developer with a window of time
under which the developer may prepare and submit a building permit application (and any
other required applications) pursuant to the Transit Oriented Mixed-Use Pilot Program;
and
WHEREAS,; and
WHEREAS,; and
WHEREAS, ; and
WHEREAS, ; and
WHEREAS, the Port Orchard City Council provided public notice and held a public
add date___, 2018;hearing on this Development Agreement on
Now, therefore, the parties hereto agree as follows:
GENERAL PROVISIONS
Section 1. Building Permit Submittal. The Developer agrees to submit a counter
complete building permit application within two (2) years of the date of this Agreement for
a mixed-use structure generally consistent with the structure proposed in their application
attached hereto as Exhibit 1 and which shall include all elements for which Developer
received points during the competitive selection process. Building permit application (s)
submitted pursuant to this agreement shall additionally comply with the requirements of
the City’s MUPP and the following parameters:
Dwelling Unit Count (may be decreased by no more than % but not increased):
Minimum Number of Parking Stalls to be provided (may be increased by no more
than % but not decreased):
Commercial Square footage (may be adjusted +/- 10%):
Office square footage (may be adjusted +/- 10%):
Other use square footage (may be adjusted +/- 10%):
[Insert other parameters]
[Insert Project Title]
Page 2 of 5
Exhibit A
Section 2. Vesting. The City agrees that building permits submitted pursuant
to this agreement shall be vested to the development regulations and other land use
controls in place as of the date of development agreement approval by the city council,
including but not limited to the standards of the MUPP.
Section 3. Valuable Consideration. As a condition of building permit issuance, the
Developer agrees to construct at his or her expense, the following public and private
amenities and facilities in support of the project:
Public Improvements:
a. Frontage, Sidewalk, and/or Right of Way improvements, with construction
drawings subject to Public Works director approval, consistent with those shown on
Exhibit 2.
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b. Offsite Improvements:
c. Public Parking (number of stalls):
d. Public plazas or other common areas open to the public:
e. [insert other improvement proposed and be sure to include any elements for which
Developer received points during the competitive selection process]
Private improvements/amenities:
a. Private Parking (number of stalls) (onsite or offsite):
b. Landscape improvements (describe if any).
c. Common Areas /describe if any).
d. Affordable housing (describe if any):
e. Tenant amenities /describe if anvl:
f_[insert other improvement proposed and be sure to include any elements for which
Developer received points during the competitive selection process]
Section 4. Term. This agreement shall be valid for 2 years unless a counter complete
building permit application is submitted by the developer pursuant to the terms of this
agreement in which case the agreement shall be extended for two more years.
Section 6. XXX
[Insert Project Title]
Page 3 of 5
!
Exhibit A
Section 7. XXXii
Section 8. XXXi
)
}
ii
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IN WITNESS WHEREOF, the parties hereto have caused this Development
Agreement to be executed as of the dates set forth below:
[Insert Name]CITY OF PORT ORCHARD:*
i
By: By:
Print Name:Robert Putaansuu|
Its: Mayor
Date:
Its:
Date:
ATTEST:\
By:
Brandy Rinearson, City Clerk
i
APPROVED AS TO FORM:
By:
Sharon Cates, City Attorney
!
:
[Insert Project Title]
Page 4 of 5
!
Exhibit A
I STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day personally appeared before me Robert Putaansuu to me known to be the Mayor of the
City of Port Orchard, the municipal corporation described in and that executed the within and
foregoing instrument, and acknowledged that he signed said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned,
and on oath stated that he was authorized to execute said instrument on behalf of said municipal
corporation.
iiI
GIVEN under my hand and official seal this day of 2018.
j NOTARY PUBLIC in and for the State
of Washington, residing at
Print Name:_________
My appointment expires:i
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
to me known to be the
, the corporation described in and that executed the within and foregoing
instrument, and acknowledged that he/she signed said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument on behalf of said corporation.
On this day personally appeared before me
GIVEN under my hand and official seal this day of 2018.
NOTARY PUBLIC in and for the State
of Washington, residing at
Print Name: _________
My appointment expires:
[Insert Project Title]
Page 5 of 5!
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 14, 2017.
ORDINANCE NO. 046-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A MIXED-USE PILOT PROGRAM AND DEVELOPMENT
REGULATIONS, PROVIDING FOR SEVERABILITY AND PUBLICATION;
AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 046-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 046-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 24, 2017