HomeMy WebLinkAbout03/24/2026 - Regular - Packet171. Meeting Location: Contact us:
Council Phone (360)
portor hard
4407
216 Prospect Street cityhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City Council
Regular Meeting
Tuesday, March 24, 2026
6:30 PM
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote Access
Link: https://us02web.zoom. us/j/86776920792
Zoom Meeting ID: 867 7692 0792
Zoom Call -In: 1 253 215 8782
Guiding Principles
Are we raising the bar in all of our actions?
Are we honoring the past, but not living in the past?
Are we building positive connections with our community and outside partners?
Is the decision -making process building a diverse, equitable, and inclusive community?
1. Call to Order
A. Pledge of Allegiance
2. Approval of Agenda
3. Public Hearing
A. Closed Record Hearing on Site -Specific Rezone Application, LU25-REZONE-02 and the
Consideration of the Recommendation of Hearing Examiner (Bond)
4. Executive Session - Closed Session
Pursuant to RCW 42.30.140(2), the City Council WILL hold a closed session on the Site -Specific
Rezone Application, LU25-REZONE-02 and the Consideration of the Recommendation of Hearing
Examiner. The session duration will be announced prior to the closed session.
5. Public Hearing Action
A. Council Review and Potential Action on LU25-Rezone-02 Sidney Rd Investments
Storage Facility rezone and the Consideration of the Recommendation of Hearing
Examiner
March 24, 2026 Meeting Agenda
6. Citizen Comments
(This is an opportunity for citizens to address the City Council on agenda items that are not associated with a
Public Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise
your Zoom hand if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the
official record. If you are attending remotely by Zoom via telephone, enter *9 from your keypad to raise
your hand.)
7. Consent Agenda
(Items listed are to be considered routine in nature and are grouped together in a single motion. A
Councilmember may remove an item for separate consideration upon request. In the event of such request,
the item is placed under Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Updating the City's Fee Resolution (Bond)
D. Approval of Special Event Street Closure: 29th Annual Cruisin' Sunday Car, Truck & Bike
Show (Wallace)
E. Approval of the February 24, 2026, City Council Regular Meeting Minutes
F. Approval of the March 10, 2026, City Council Regular Meeting Minutes
8. Presentation
A. Post Legislative Session Updates (Shelly Helder)
B. Kitsap Community Resources, Rental Assistance Program Update (Anthony Ives)
9. Public Hearing
(Accepting public testimony from citizens limited to the specific item listed)
A. Public Hearing on a Petition from Kitsap County to Vacate City Rights -of -way (Wallace)
10. Business Items
A. Adoption of an Ordinance Vacating City Rights -of -Way (Wallace)
B. Adoption of a Resolution Approving Purchase of Furnishings for the Downtown
Beautification Project (Ryan).
C. Approval of Utility Relocation Agreement No. 9 with Kiewit Infrastructure West Co. for
Design and Construction of City Water Utility Relocation — Gorst Vicinity Fish Barrier
Removal Project (Ryan)
11. Discussion Items
(No Action to be Taken)
12. Reports of Council Committees
(Three council members serve on the committee with staff to make collaborative recommendations about work
product. Staff then prepares the items for full council consideration based on the Committee's discussion.)
A. Council Advisory Committees
13. Report of Mayor
14. Report of Department Heads
15. Citizen Comments
(This is an opportunity for citizens to address the City Council on any items that are not associated with a Public
Hearing on this agenda. Comments are limited to 3 minutes. Please approach the podium or raise your Zoom hand
if viewing remotely and wait to be recognized by the Mayor. Then, state your name for the official record. If you
March 24, 2026 Meeting Agenda
2
are attending remotely by Zoom via telephone, enter *9 from your keypad to raise your hand.)
16. Good of the Order
17. 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.
18. Adjournment
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
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March 24, 2026 Meeting Agenda
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Ong City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
1.. (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Public Hearing: Closed Record Hearing on Site -Specific Rezone Application, LU25-REZONE-02 and the
Consideration of the Recommendation of Hearing Examiner (Bond)
Meeting Date: March 24, 2026
Prepared By: James Fisk, AICP, CNU-A, Senior Planner
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background: In 2025, the City received an application for a site -specific rezone of 6.9
acres from Commercial Corridor (CC) to Commercial Mixed -Use for two adjoining parcels located at
4385 Sidney Road SW in the City of Port Orchard. Pursuant to Port Orchard Municipal Code 20.40.040
and Chapter 20.24, the application was routed to the Hearing Examiner to hold a noticed public
hearing on proposed site -specific rezones and make a recommendation to the city council as to
whether the proposed rezone meets the criteria in POMC § 20.42.030.
On January 28, 2026, the City's Hearing Examiner held an duly -noticed open -record public hearing on
the Sidney Rd Investments Storage Facility Rezone. Notice for the public hearing was provided
consistent with POMC 20.40 and 20.24. At this hearing, staff presented a staff report to the Hearing
Examiner. Please refer to this staff report for information pertaining to the proposed rezone. No
members of the public provided testimony on the application at the public hearing, as noted in the
Hearing Examiner's recommendation.
The Council is tasked with holding a closed -record hearing on the proposed rezone and with making
the final decision on the rezone application. The February 11, 2026 -stamped Recommendation is the
final and correct Hearing Examiner Recommendation.
The public was notified of a closed -record hearing on the Sidney Rd Investments Storage Facility
Rezone by noticing disseminated on March 10, 2026.
Only the parties, including staff and the applicant, may provide testimony at the closed -record
hearing. The complete application record has been included in the City Council packet with the
exception of the video recording of the hearing, which is available using the following link:
https://www.youtube.com/watch?v=gARTDIYR9us
Relationship to Comprenhensive Plan: See the staff report to the hearing examiner.
Recommendation:
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I IUIU a %-IVJCU I\CI.UI U I UA/I I%I I Icalll is VII LI IG I IUFJ%Ja U JIUI Icy nU II IV GJl I I I C I IIJ JLUI asc I al.l l lly I\cLUI Ic,
Followed by Discussion, Deliberation, and Possible Action.
Motion for Consideration: N/A
Has item been presented to Committee/Work Study? If so, which one: N/A
Fiscal Impact: N/A
Alternatives:
This closed record hearing is required by the Port Orchard Municipal Code Chapters 20.40 and 20.24.
Attachments:
HExDecision_RecStamped_LU25-Rezone-02 - Copy.pdf
HExDecisionTranscript_LU25-Rezone-02.pdf
0 -Index to the Record Form.pdf
21_Staff Report and Recommendation to the Hearing Examiner.pdf
0 -Public Notices Index form.pdf
1 _Cou nterCom plete_LU25-Rezone-02. pdf
1 AApp _LU25-Rezone-02. pdf
1 B_App_Master_LU25-Rezone-02.pdf
1 C_App_SEPA-withChecklist_LU25-Rezone-02.pdf
1D_ Narrative_LU25-Rezone-02.pdf
1 E_VicinityMap_LU25-Rezone-02.pdf
1 F_ProjectData_LU25-Rezone-02.pdf
1 G_ArboristReport_LU25-Rezone-02.pdf
1 H_GeotechnicalReport_LU25-Rezone-02.pdf
1i_EnvironmentalReport_LU25-Rezone-02.pdf
1 J_ArchPlans_LU25-Rezone-02.pdf
2_TransmittalLtr_25-07-14_LU25-Rezone-02.pdf
3_ Determination of Technically Complete_LU25-Rezone-02.pdf
4_Notice of Application LU25-Rezone-02.pdf
5_NOA_Affidavit_SignPosting_LU25-Rezone-02.pdf
6_NOA_Affidavit_Publication_LU25-Rezone-02.pdf
7_NOA_Affidavit_Mailing-Emailing_LU25-Rezone-02.pdf
8_SEPA-DNS_LU25-Rezone-02. pdf
9_ DNS_Affidavit_Publication_LU25-Rezone-02.pdf
10_DNS_Affidavit_Mailing-Emailing_LU25-Rezone-02.pdf
11_DNS_Affidavit_SignPosting_LU25-Rezone-02.pdf
12_NOH_LU25-Rezone-02.pdf
13_NOH_Affidavit_Publication_LU25-Rezone-02. pdf
14_NOH_Affadavit_Mailing_LU25-Rezone-02.pdf
15_Criteria_POMC 20.42.020.pdf
16 — Recorded B LA202510270034. pdf
17_Revised_Legal_Description.pdf
18_CapacityMemo_KCH.pdf
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19_SSOD_Map.pdf
20 —Wetland —Report ForensicAgronomicsResearch.pdf
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BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ORCHARD
RE: Sidney Avenue Rezone FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
Site Specific Rezone TO CITY COUNCIL
LU25-Rezone-02
SUMMARY
Sidney Road Investments LLC requests a rezone from Commercial Corridor to Commercial Mixed
Use at 4385 Sidney Road SW. The subject property consists of two vacant tax parcels totaling
approximately 6.9 acres. Both Commercial Corridor and Commercial Mixed Use zones implement
the subject's Commercial Land Use Designation in the City's Comprehensive Plan. The
Commercial Mixed Use zone allows for a greater range of uses which will allow the Applicant to
construct apartments and a self storage facility. The property is within the self -storage overlay
district (SS0D). The rezone will support a project that implements the City's middle housing
policies. Staff testified the City's infrastructure has capacity for the maximum use for either zone.
No comments were received by the public or any agency. The Examiner recommends approval by
the City Council subject to the condition that the Applicant implement the recommendations of
the GeoResources Geotechnical Engineering Report (Ex. lh).
EXHIBITS
Exhibits 1-21 identified in the Index attached to the staff report were admitted into the record
during the January 28, 2026 hearing.
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TESTIMONY
A computer -generated transcript of the January 28, 2026 hearing has been prepared to provide an
overview of the hearing testimony. No members of the public testified. The transcript is provided
for informational purposes only as Appendix A.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Alan Keimig of Keimig and Associates, 307 D Street SE, Auburn,
WA 98002
2. Hearing. A virtual hearing on the application was held at 10 am on January 28, 2026.
3. Project Description. Sidney Road Investments LLC requests a rezone from Commercial
Corridor to Commercial Mixed Use at 4385 Sidney Road SW. The subject property consists
of two vacant tax parcels totaling approximately 6.9 acres. The property is irregularly shaped
and includes 855 feet of frontage along Sidney Road SW. The site generally slopes down to
the south and west with slopes of 20-30% and an elevation change of up to 30 feet. There is
a wetland on the adjacent property but neither the wetland nor its buffer affect the subject
parcels (Ex. 20 and ii).
Both Commercial Corridor and Commercial Mixed Use zones implement the subject's
Commercial Land Use Designation in the City's Comprehensive Plan. The Commercial
Mixed Use zone allows for a greater range of uses which will allow the Applicant to construct
apartments and a self storage facility. The property is within the self -storage overlay district
(SSOD). The rezone will support a project that implements the City's middle housing policies.
If the rezone is approved, the applicant intends to construct 63 apartment units. Residential
use is permitted in both of the implementing zones, but the requested Commercial Mixed Use
zone allows for the proposed apartment style building form. Staff testified the City's
infrastructure has capacity for the maximum use for either zone. No comments were received
by the public or any agency.
Substantive:
4. Surrounding Uses. Surrounding uses on all sides are currently single-family residential. The
Comprehensive Plan Land Use Designation for the project site is Commercial. Property to the
north has a Comprehensive Plan Land Use Designation of Medium Density Residential and
are zoned Residential 2 (R2). Properties to the south and west are designated Urban High -
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Intensity Commercial/Mixed Use with Commercial zoning. The property to the east is
WSDOT SR 16. This area of the city is designated for transition from single family residential
to more intensive residential and commercial uses.
5. Adverse Impacts. Using City development standards as guide, there are no significant adverse
impacts associated with the project. A SEPA Determination of Non -Significance (DNS) was
issued on December 8, 2025 (Exhibit 8). Potential adverse impacts can be primarily
attributable to the increase in density. Importantly, the increase in density will meet City
concurrency standards. Impacts are more specifically addressed as follows:
A. Infrastructure Capacity. The City Engineer has found adequate transportation, water
and sewer capacity to serve the change from one Comprehensive Plan implementing
zone to another. The City analyzed the permitted uses under the site's current
Commercial Corridor (CC) and the proposed Commercial Mixed Use (CMU) zones
and notes that the development of either zone has similar impacts (Ex. 18). The
proposed residential density and self -storage are permitted in either zone. The
difference is in the building form. The CMU zone permits an apartment style building
whereas the CC zone does not. The subject property is currently served by public water
and sewers. The City will require the Applicant to apply for Capacity Reservation
Certificates specific to the proposal at the time of land use permit application.
The staff report notes the future water availability is dependent on the completion of
planned water system capital improvement projects including bringing additional wells
online, new reservoirs, and integrating the water systems. This is true under either
zoning scenario.
Sewer capacity is available now. The site can be served by a gravity connection to the
existing sewer lift station near SW Hovde Road.
The transportation impact will be significant, but staff are confident the development
of the site under either zoning scenario will not present undue adverse impacts on future
levels of service. It should be understood, however, that local streets are exempt from
concurrency. Any future development will be required to provide pedestrian
connections to existing facilities and may include improvements to Sidney Road SW.
B. Compatibility. The proposal is compatible with future surrounding uses. Regulatory
and specific site features provide for compatible development. The project site's
Comprehensive Plan Land Use Designation is Commercial. Both the existing zone,
Commercial Corridor, and the proposed Commercial Mixed Use zone are
implementing zones within that Commercial Land Use Designation. The permitted
residential densities are comparable within the zones, though the rezone allows for a
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more dense building form that will make greater achieved density feasible. The chief
difference is that the proposed CMU zone allows residential density to occur within an
apartment -style building whereas this building form is prohibited within the CC zone.
The requested rezone will allow for an increase in building height from 35 to 40 feet, a
modest increase. Both zones allow self -storage facilities.
Though the area is currently developed with single-family residential, the City's
adopted Comprehensive Plan encourages transition to more intense uses including
denser than existing residential uses and commercial uses. The staff report states staff
have found the rezone request is compatible with neighboring uses. Staff have found
the project is compatible with the City of Port Orchard Comprehensive Plan Land Use,
Housing Economic Development and Transportation Elements (Staff Report, Section
2, pages 9-12) and that the requested zoning change implements the Comprehensive
Plan Commercial Land Use Designation (Staff Report, Section 3, pages 15-17). As
noted in the staff report, the site is adjacent to Medium Density Residential and Public
and Community Space designations and that the CMU apartment project will provide
an appropriate transition. The Residential 2 and 3 zoning to the north is developed with
a mix of single-family homes and apartments. The Civic and Institutional zoning to the
south accommodates a school and places of worship. The area is a mix of mixed
densities and building types. The proposed rezone will allow for a transition from lower
to higher intensity uses.
The site -specific constraints also allow for a compatible transition in uses. The property
is bordered by major transportation corridors, including State Highway 16 and Sidney
Road SW, both of which provide substantial physical separation from adjacent
properties and those presently developed with single-family homes. Planned
improvements to Sidney Road SW will create a distinct change in street layout and
block orientation. The proposed development will also be required to incorporate open
space and landscape buffers to mitigate the intensity of the proposed uses with respect
to adjacent properties. The site's topography will also separate the residential
apartments from the self -storage uses.
C. Critical Areas. The proposal will not adversely affect critical areas. The project site is
steeply sloped. There is also a potential wetland adjacent to the site that both the
Applicant and City's reviewers found did not meet the threshold for a regulated
wetland.
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The site generally slopes down to the south and west with slopes of 20-30% and an
elevation change of up to 30 feet. The Applicant provided a geotechnical report (Ex.
1H). No areas of historic failures, including areas of unstable, old or recent landslides,
or landslide debris were mapped within 200 feet of the site. There was no evidence of
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slope failure or seepage zones. The report concluded the slopes on site should not be
considered at -risk for deep-seated landslide. The report concluded that the site should
not be listed as an area of high geological concern including no risk of liquefaction.
The site is a low landslide hazard risk. The project can be developed through clearing
and grading and that structural fill and spread footings will be adequate. Any potential
geologic hazard areas will be evaluated during the land disturbing activity and building
permit application reviews.
The City and County maps show a wetland on the parcel to the southwest. AJ Bredberg
of Forensic Agronomic Research Inc. submitted a letter stating several site evaluations
in 2017, 2018 and 2024 found no wetlands or their associated buffers affected the
project site (Ex. 20) with no evidence of hydric soils or standing water in test holes to
28 inches in depth. The City's third -party reviewer Grette Associates concurred with
the conclusion that the suspected wetland was not in fact a wetland (Ex. ii).
CONCLUSIONS OF LAW
1. Authority. POMC 20.42.010(2) authorizes the hearing examiner to hold hearings on site
specific rezones and to make recommendations to the City Council for a final decision.
2. Zoning/Comprehensive Plan Designations. The subject is currently zoned Commercial
Corridor within the Commercial Land Use Designation in the City's Comprehensive Plan.
3. Review Criteria. POMC 20.42.030 governs the criteria for site -specific rezones. Applicable
criteria are quoted in italics below and applied via corresponding conclusions of law.
POMC 20.42.030(1): Generally. The following general provisions shall apply to review of all site -
specific rezone applications:
(a) There is no presumption of validity favoring the action of rezoning;
(b) The proponents of the rezone have the burden of proof to demonstrate that conditions
have changed since the original zoning; and
(c) The rezone must bear a substantial relationship to the public health, safety, morals or
welfare.
4. Criterion met. The criterion is met. The requirement for changed conditions in POMC
20.42.030(1) is a key requirement of the City's rezone criteria. Washington appellate courts require
that the proponents of a rezone must establish that conditions have substantially changed since the
original showing and that the rezone must bear a substantial relationship to the public health, safety,
morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone
implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not
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required. Id. at 112. The changed circumstances requirement provides for stability in zoning
designations that can be relied upon by property owners. The City's requirement for changed
conditions is arguably more stringent than the judicial standard since the City's code doesn't offer
comprehensive plan implementation as an alternative to establishing changed circumstances.1
The City's response to a change of circumstances relies entirely on the City's implementation of its
Comprehensive Plan which emphasizes a need to provide diverse housing options. The proposal
clearly implements comprehensive plan policies that encourage middle housing and a wide
diversity of housing types. See, e.g. Comprehensive Plan Policy LU-8 and HS -2; Housing Goal 2.
Those policies were adopted in 2024 and thus constitute a change in circumstances. This change is
reflected in several bills adopted by the state legislature, starting with a 2021 amendment the
Growth Management Act (RCW 36.70A.070(2)) to require cities to analyze and plan for future
housing across a variety of income ranges and housing unit types. More stringent requirements
have been adopted since to compel more middle housing in cities and counties. See, e.g. RCW
36.70A.635.
Beyond the changed conditions issue, the proposal bears a substantial relationship to the public
health, safety and welfare because the proposal will not create any significant adverse impacts as
gauged by City development standards for the reasons identified in Finding of Fact (FOF) No. 5.
POMC 20.42.030(2)(a): Criteria for Review. In addition to the general criteria in subsection (1)
of this section, the city shall review applications for site -specific rezone applications and issue
approval of said applications pursuant to the following criteria:
(a) Consistency with the existing comprehensive plan (the comprehensive plan that has been
approved and is in place at the time the application was submitted);
5. Criterion met. The Comprehensive Plan Land Use Map designation of the rezone area is
Commercial. The CC and CMU zones are both authorized implementing zones for that designation.
Further, as detailed in the staff report, the proposal implements several comprehensive plan policies
and goals because it helps achieve population targets, adds to a variety and diversity of housing
types over the full range of income levels and promotes infill development.
POMC 20.42.030(2)(b): Consistency with the purpose of the proposed zoning district;
6. Criterion met. POMC 20.39.030 provides that the purpose of the CMU district is to
accommodate a variety of residential and non-residential activity including townhomes, apartments,
and other residential and commercial forms of development. This zone should be applied in areas
1 Of course, if the City's comprehensive plan policies implemented by the rezone were adopted after the current zoning,
then the adoption of the policies would itself qualify as a change in circumstances. The date of the last rezone of the
property is not identified in the record.
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where existing or proposed land use patterns promote mixed use and pedestrian -oriented activity
and in areas designated in as Commercial in the Comprehensive Plan. The Applicant is pursuing
the rezone for an apartment complex that is consistent with this purpose.
POMC 20.42.030(2)(c): Consistency between zone criteria and area characteristics;
7. Criterion met. The criterion is met because the rezone is found compatible with the surrounding
area for the reasons identified in FOF 5B.
POMC 20.42.030(2)(d): Zoning history and precedential effect. Previous and potential zoning
changes both in and around the area identified in the application shall be examined;
8. Criterion met. The staff argue the nearby property zoned as CMU sets a precedential effect. The
larger effect is the need to implement new housing requirements as enacted by the state legislature
in recent years and implemented with the recently adopted 2024 City of Port Orchard
Comprehensive Plan as described in Conclusion of Law No. 4.
POMC 20.42.030(2)(e): The impact of more intense zones on less intense zones or industrial and
commercial zones on other zones shall be minimized by the use of transitions or buffers in the more
intense zone, if possible. A gradual transition between zoning categories, including height limits, is
preferred;
9. Criterion met. As noted in FOF No. 5B, the rezone area is well suited for the slight upzone in
that the property is surrounded on two sides by public rights of way, the nearby zoning provides for
a mix of uses and the site itself provides for transition of uses through its topography. The height
limits for CMU zone are moderately increased from the CC zone by an increase in height of five
feet. The change to CMU allows for a building form that increases the achievable densities to within
those found in both the CC and CMU zones.
POMC 20.42.030(2)(f): Physical buffers may provide an effective separation between different
uses and intensities of development. The following elements may be considered as buffers:
(i) Natural features such as topographical breaks, lakes, rivers, streams, ravines and
shorelines;
(ii) Freeways, other major traffic arterials and railroad tracks;
(iii) Distinct change in street layout and block orientation;
(iv) Open space and greenspaces suitable in area to mitigate against more intense uses;
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(v) Zone boundaries;
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10. Criterion met. As previously noted, the existing rights of way on two sides and the site's
topography provide effective buffers between uses.
POMC 20.42.030(2)(g): In establishing boundaries, the following elements shall be considered:
(i) Physical buffers as described in subsection (2)(J) of this section; and
(ii) Platted lot lines;
11. Criterion met. The existing large roadways provide adequate boundaries between the proposed
higher density apartments and single family developments.
POMC 20.42.030(2)(h): Boundaries between commercial and residential areas shall generally be
established so that commercial uses face each other across the street on which they are located,
and face away from adjacent residential areas. An exception may be made when physical buffers
can provide a more effective separation between uses;
12. Criterion met. The proposal will create boundaries between commercial and residential areas
in that residential uses will occur adjacent to existing residential uses and the commercial storage
use will occur adjacent to a major roadway.
POMC 20.42.030(2)(i): Impact Evaluation. The evaluation of the changes that would result from
approval of the application shall consider the possible negative and positive impacts on the affected
area and its surroundings. Factors to be examined include, but are not limited to, the following:
(i) Housing;
(ii) Public services;
(iii) Environmental factors, such as noise, air and water quality, terrestrial and aquatic flora
and fauna, glare, odor, shadows and energy conservation;
(iv) Pedestrian safety;
(v) Manufacturing activity;
(vi) Employment activity;
(vii) Character of areas recognized for architectural or historic value;
(viii) Shoreline view, public access and recreation;
(ix) Service Capacities. Development which can be reasonably anticipated based on the
proposed development potential shall not exceed the service capacities which can
reasonably be anticipated in the area, including: street access to the area; street capacity
in the area; transit service; parking capacity; utility and sewer capacity; shoreline
navigation;
(x) Population and employment allocations as established through the countywide planning
policies;
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(xi) Changed Circumstances. Consideration of changed circumstances shall be limited to
elements or conditions included in the criteria for the relevant zone designations in the
zoning code;
(xii) Critical Areas. If the area is located in or adjacent to a critical area, the effect of the
rezone on the critical area shall be considered.
13. Criterion met. Pertinent factors quoted above are all addressed in FOF No. 5.
Universal Permitting Criteria
POMC 20.24.100: The criteria set forth below shall apply to all Type I through IV land use and
development permit applications:
(1) Determination of Consistency. The applications are reviewed by the city to determine
consistency between the proposed project and the applicable land use and development
regulations and the comprehensive plan. A proposed project's consistency with the city's
land use and development regulations shall be determined by consideration of
(a) The type of land use;
(b) The level of development, such as units per acre or other measures of density;
(c) Availability of infrastructure, including public facilities and services needed to serve the
development; and
(d) The character of the development, such as development standards.
(2) Upon review of an application, the decision -maker shall also determine whether the
building and/or site design complies with the following provisions:
(a) The comprehensive plan;
(b) The applicable provisions of this title;
(c) The Washington State Environmental Policy Act (SEPA), pursuant to Chapter 20.160
POMC, if not otherwise satisfied;
(d) The city's public works design standards.
(3) Additional Review Criteria. Additional review criteria appear in each chapter or section
of the POMC relating to the development regulations for an individual project permit
application or other approval. All of the criteria in this section and the criteria relating
to the individual application(s) must be satisfied in order for the city to make a
determination of consistency and issue an approval.
(4) Limitations on Review. During project review, the city shall not reexamine alternatives to
or hear appeals on the review requirements of this section except for issues of code
interpretation.
(5) Burden of Proof The burden of proof for demonstrating that the application is consistent
with the applicable regulations is on the Applicant.
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