039-19 - Ordinance - Amending the Six-Month Moratorium for Acceptance and Processing of Building PermitsoRDTNANCE NO. 039-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTED PURSUANT TO RCW 35A.63.220 AND RCW 35.70A.390;
AMENDING THE TEMPORARY SIX.MONTH MORATOR UM THAT WAS
ADOPTED UNDER ORDINANCE NO. O2O-19.A, AMENDING SECTIONS 3 AND
4 OF THAT ORDINANCE TO ALLOW FOR THE ACCEPTANCE AND
PROCESSING OF BUILDING PERMITS UNDER CERTAIN CONDITIONS BUT
MA NTAIN NG THE MORATORIUM ON THE ISSUANCE OF SUCH PERM TS
lN THE 580 & 650 WATER ZONES OF PORT ORCHARD; AND ESTABLISH NG
AN EFFECT VE DATE.
WHEREAS, the City Council adopted the emergency moratorium under Ordinance No.
020-19 on June 11,,2Ot9, which established a six-month moratorium on the acceptance of
certain development in the 580 & 660 water zones of Port Orchard; and
WHEREAS, in accordance with State law, a public hearing on the adoption of
Ordinance No. 020-19 was held on July 23,2019, which is less than 60 days after the adoption
of Ordina nce No. 020-19; a nd
WHEREAS, the City Council desired to reaffirm Ordinance No.020-19 and amend it by
adopting an updated Ordinance No. 020-19-A to add findings of fact based on additional
information obtained by the City, information provided to the City by interested parties, and after
conducting the public hearing; and
WHEREAS, the City has been working with multiple parties in order to solve the
infrastructure issues that !ed to the imposition of the moratorium and it is expected that the
moratorium established under Ordinance No. 020-19-A will be lifted prior to its expiration date;
and
WHEREAS, there are many potential applicants that are waiting for the lifting of the
moratorium in order to submit building permits; and
WHEREAS, McCormick Communities has requested that the City allow the submittal and
processing of building permit applications during the moratorium period with the agreement that
such permits not issue until and unless the moratorium has been lifted; and
WHEREAS, in order to speed the issuance process of such permits after the lifting of the
moratorium, the City Council deems it in the best interest of the City to modify the moratorium
to allow the submittal and processing of applications for any applicant that agrees to waive the
processing time periods and who acknowledges that the submittal of a building permit
Ordinance No. 039-19
Page 2 of 5
application does not guarantee issuance of the permit until such time as the moratorium has
been lifted; now, therefore
THE C TY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N
AS FOLLOWS:
Section 1. Amendment of Ordinance No.020-19-A 53. Section 3 of Ordinance No.
020-19-A is hereby amended to read as follows:
Section 3. Effect on Vested Rights. The moratorium
imposed under Section 2 of this ordinance shall apply
prospectively only, and shall operate to prevent the acceptance
of Permit Applications submitted after the effective date of this
ordinance, except as provided
this ordinance. Nothing in this ordinance shall be construed to
extinguish, limit, or otherwise infringe on any permit applicant's
vested development rights as defined by state law and City of
Port Orchard regulations, provided that such a permit applicant
has filed a complete Permit Application before the effective
date of this ordinance.
Section 2. Amendment of Ordinance No.020-19-A I A. A new subparagraph 9 is
hereby added to Section 4 of Ordinance No. 020-19-A to read as follows:
Section 4. Exc usions. The provisions of this moratorium
shall not apply to any Permit Applications or projects that are
specifically excluded by the Exclusions set forth in this
ordinance. These Exclusions, unless expressly modified by the
City Council, are specifically limited to:
1,. "Legislative Approvals" and "Quasi-Judicial
Decisions by City Council" (i.e. Type lV and V decisions) as
identified on Table 2O.22.O20 of POMC 20.22 for projects that
are already vested.
2. Permits and approvals that are vested by
contract, such as those covered by an approved development
Ordinance No. 039-L9
Page 3 of 5
agreement. However, even if a Development Agreement is
applicable, applications for building permits in the 580 & 660
zones are subject to this moratorium, unless otherwise
exempted by this section.
3. Permits and approvals for additions,
alterations, or remodels to existing buildings when such
additions, alterations, or remodels do not require additional
water capacity.
4. Permits and approvals for emergency repairs or
construction to protect people or property necessitated by a
hazardous event or natural disaster (e.g., geologically
unstable slope, fire, flooding, earthquake).
5. Land Disturbing Activity Permits, Stormwater
Drainage Permits, and other land use permits and approvals.
6. Permits and approvals for signs.
7. Permits and approvals for emergency medica!
and disaster relief facilities.
8. Building permit applications in the 580 & 660
zones that have been submitted prior to the effective date of
the moratorium.
Ordinance No. 039-L9
Page 4 of 5
Section 3. Author ty of Director. ln addition to the interpretive authority granted in
Section 6 of Ordinance No. 020-19-A to the City of Port Orchard Director of Community
Development, or designee, the Director or designee is hereby authorized to interpret and
implement the exclusions created under Section 4 of Ordinance No. 020-l-9-A, as amended
by this Ordinance 039-19. A copy of the draft application implementing this Ordinance is
attached as Exhibit A.
Section 4. Val dity of Ordinance No. 020-19-A. Except as amended by this Ordinance
039-19, Ordinance No.020-19-A shall remain in full force and effect until either it expires, it
is extended by another act of legislation, or until is it dissolved by another act of legislation.
Sect on 5. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional
or otherwise invalid for any reason, or should any portion of this ordinance be preempted
by state or federal law or regulation, such decision or preemption shall not affect the validity
of the remaining portions of this ordinance or its application to other persons or
circu msta nces.
Sect on 5. Publication.
consisting of the title.
This ordinance shall be published by an approved summary
Section 7. Effective Date. This Ordinance shall be effective five days after publication as
provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 8'd day of October ,zOLg.
Robert P utaansuu, Mayor
ATTEST:
Bran City Clerk
Ordinance No. 039-19
Page 5 of 5
APPROVED AS TO FORM:
nifer ertson,
rney for Port Orchard
PUBLISHED:
EFFECTIVE DATE:
October LL,2OL9
October L6,20L9
Crrv or Ponr OncHARn
Permit Center
Office located at72o Prospect Street
Mailing address: z16 Prospect Street
Port Orchard, WA 98g66
(S6o) 8Z q- SSgg' permitcenter@ cityofportorchard. us
O OR U ES DENTIAL BU LDING PE TAPPLIC ION
PLAN REVIEW: (check the box that applies)
D Using a previously submitted plan reviewed for McCormick Development. Plan Review #:
tr Site-specific plans are included with this application.
tr Using a Basic Plan.Plan #:Elevation #:
BUILDING TYPE: POMC 20.32.010
tr DETACHED HOUSE tr OTHER:
z Required for construction projects with a loan exceeding $5,000. RCW 19.27.095
Lender Name:
Lender Address:
Office Phone Number:
DESIGN GUIOELINES: PoMc 20.739
The design guidelines apply to new construction, additions to existing structures, and projects whose valuation
exceeds 50% of the current taxable value of the existing structure
What is the current taxable value of the structure? (lnfomation is available frcm County Assessor) $
What is the transparency percentage of the front fagade? POMC 20.139.025(3)(a)o/o
COMPLETE ALL INFORMATION BELOW
Area
Square Footage:Fence or retaining wall Lin. ft.
New Remodel Lot size sqft
Main Floor Total hard surfaces on site:
(structures, driveways, walkways,
parking areas, etc., existinq & new)Sqft2nd Floor
3'd Floor Lot coverage (%):%
Garage Fence / Retaining Wall Height:Ft., in
Deck # of Bedrooms:
Basement, unfinished # of Bathrooms.
Basement, finished # of Dwelling Units
Covered Porch
Excavatioh. (other than for
basement, footings, andlor utilities)Cu. yd
Unfinished storage space
Garage 2nd floor or Attic
Other:Construction Value*: $
*Use the contract amount; or multiply the mateials cost x 2.Total all areas sq. ft.:
McCormick Moratorium Residential Construction PermitApplication-draft Page 1 ol2
AN INCOMPLETE APPLICATION WILL NOT BE ACCEPTED
(check the box for each item included with this application)
D THE MASTER PERMIT APPLICATION FORM with original signature(s).
One Naster covers all applications that are included with this submittal. No additional copies are required.
tr THREE TOTAL: The original completed Residential Building Permit Application (this form), plus two copies.
tr THREE COPIES: Building plans (Sized so all information is legible; 11" x 17" minimum):
tr Must be drawn to scale and show dimensions.
tr For additions or remodels, existing and proposed work must be clearly designated.
tr THREE COPIES: Elevation drawings (Sized so all information is legible; 11" x 17" minimum):
Required for new construction or when there are any exteriot modifications to an existing building.
tr Must be drawn to scale and show dimensions.
tr Must show grade plane. (See POMC 20.12 for definition of 'grade plane'.)
tr Must provide the percent of transparency ofthe front fagade.
D TWO COPIES: Structural engineering (plans and calculations) as applicable to your project.
tr FOUR COPIES: Site plan, unless waived by the Department. (Sized so all information is legible; 11" x 17" minimum)
Use the S,fe Plan Checklist fot a list of all requirements. At a minimum, you must show:
tr Property lines and dimensions.
tr North arrow and site plan scale.
tr Contour lines: every 2'unless slopes exceed 15%; then showevery 5'.
E Arrows showing the direction of natural drainage.
tr Location, width and length of driveway.
tr Distance from all existing and proposed structures in relation to property lines, other structures and any
critical areas on site.
tr Temporary erosion control measures to be used during construction.
D Any grading included in the proposed project not otheMise covered by a separate valid Land Disturbing
Activity Permit (LDAP).
tr FOUR COPIES: Site P/an Checklist Form #085 unless a site plan is not required.
tr ONE COPYi Energy Code Worksheet, for new construction or addition greater than 500 sq. ft. of heated floor area.
tr For all permits andror r€views checked on the Master Pemit Application Form: submit the specific application
form. lnclude the required documentation and number of copies as listed on the form for each permiureview type.
D ONE ELECTRONIC COPY of all submitted materials provided in PDF format.
NOTE: electronic copies of building, elevation, and site plans must be scalable when printed 11" x 17".
Other documentation may be rcquircd other than what is listed above.
I agree to the tems and condifions as set forth in Po Orchard City CounciL Ordinance No. 039-19: and voluntaily agree to the
following statements and terms:
(a) I submit this application at my own risk with the knowledge that there is a moratoium in place for the zone wherc the propetty for
which this permit is sought is located ancl understand that the moratoium prohibits the issuance of any building permits for which a
new water connection is requircd duing the moratoium's effective pedN.
(b) I voluntarily waive all processing timelines as set for under the Poft Orchard Municipal CNe and State or Federal Law.
(c) I understand that there is a moratoium in place in the 5E0 and 660 waler zones and the CW's acceptance of this building
pemit application does not guarantee approval or issuance of a pemit until such lme as both the moratoium has been lifted
and all permit rcquirements have been met.
(d) I knowingly and willingly waive any claims against the Cily of Pott Orchard for time delays or failurc to issue this pemit aN
any rclated permits duing the effeclive peiod of the moratoium, or any extension thercof.
DATE
Authorized Agent Signature
x
McCormick Moratorium Residential Construction Permit Application-draft Page 2 ol 2
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