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11/20/2018 - Work Study - Packet
Mayor: Rob Putaansuu Administrative Official Councilmembers: Belk Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Public Works Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Chair: Lodging Tax Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-a It Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 City of Port Orchard Council Work Study Session November 20, 2018 6:30 p.m. 1. Annapolis Creek Culvert Replacement Project (Dorsey) Page 3 Estimated Time: 30 Minutes 2. Kitsap County Courthouse Feasibility and Space Needs Assessment (Commissioner Garrido) Page 17 Estimated Time: 30 Minutes 3. Community Service Program (Drury and Ells) Page 61 Estimated Time: 15 Minutes 4. Amendment to POMC Chapter 3.48, Multifamily Property Tax Exemption (Bond) Page 67 Estimate Time: 15 Minutes S. Disbursement of Funds Resolution and Policies (Crocker) Page 107 Estimated Time: 15 Minutes 6. POMC 10.12 Proposed Changes and Updates (Dorsey) Page 109 Estimated Time: 15 Minutes 7. 2019/2020 Biennial Budget Questions/Comments (Crocker) Estimated Time: 15 Minutes Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned Meeting materials are available on the City's website: www.cityofportorchard.us or by contacting the City Clerk's Office, 360.876.4407 The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. This Page Intentionally Left Blank Back to Agenda "FPO, Issue Title: Meeting Date: Time Required: Attendees: City of Port Orchard Work Study Session Executive Summary Annapolis Creek Culvert Replacement Project November 20, 2018 30 Minutes Mark R. Dorsey, P.E, Public Works Director/City Engineer Kenneth D. Andersen, P.E., Reid Middleton, Inc. Action Requested At This Meeting: Presentation of the Annapolis Creek Culvert Replacement Project, followed by discussion and direction to the Mayor for completion of 30% Design & Permit Coordination in 2018, including the interest of Council to pursue a flood management project with the County. Background/Issue: In 2017, the City initiated the Annapolis Creek Culvert Replacement Project with the award of the 30% Design and Permit Coordination, whereby the principal design elements would be address, along with the determination of associated costs for the pursuit of future funding opportunities. The principal design elements include, 1) the structural and hydraulic design of the replacement culvert, 2) the design interface with the Bay Street Pedestrian Pathway Project, 3) the inclusion of utility upgrades and repairs within the Culvert area, and 4) the coordination of future permits needed from local and state agencies to construct the replacement culvert. The design elements listed above include efforts from civil and structural engineers, surveyors, cultural and environmental scientists, and geoltechnical engineers. Along with the principal design elements listed, the upstream conditions of Annapolis Creek were also determined (extent of contributing watershed and hydraulic modeling) to determine existing ang future culvert hydraulic conditions and to better understand the upstream flooding influences. Alternatives: The consultant team and staff met in September of 2018 to discuss the project's overall status and to review the results of the hydraulic model, which made it clear that the culvert replacement project will not address upstream flooding issues. Recommendation: Staff recommends discussing the issue, and then provide direction to the Mayor. Relationship to Comprehensive Plan: Chapter 4 - Parks Attachments: Reid Middeton provided handouts Follow-up Notes & Outcomes: Page 3 of 132 Back to Agenda This Page Intentionally Left Blank Page 4 of 132 11/15/2018 Back to Agenda Annapolis Creek Culvert Replacement Project — 30% Design Presentation Reid Middleton - Prime Consultant Prnfece I.ranglNnnM, SurrcWref and OW Enpnnonnp and Senrevulp Employee owned - Everetl WA based In euaness for 95 years GeoEngineers - Subconsultant Oaalochncd. Hydio"VN"ousm. Sipwgry Phasa } ESA wo Perndlup Cultural Resource Consultants - Cultural Resources Overview Page 5 of 132 11/15/2018 Back to Agenda Describe the existing conditions and history of problems . Drainage study, hydrology/hydraulics. findings • Geotechnical evaluation, structural requirements Environmental issues and permitting . Alternative solutions and cost Page 6 of 132 ay Street CallvortoukJ.et Pipes in Bay Street Culvert 36-inch Concrete Culvert 6 Surface above Bay Street Culvert Rom. — _— - +Zi • Upstream of 36-inch Culvert f i c Arnold Avenue/Lawrence Street Intersection 11/15/2018 Back to Agenda Program used HEC-RAS version 5 0 5 (USAGE, 2016) Design Criteria: - SWom 100 year event with flaws of 200 cfs - Tides: FEMA Base Flead Elevation: 13 feet, NAVD88 Two existing conditions with different storm events Three proposed improvement scenarios Page 9 of 132 Existing Conditions - <2 year storm Existing Conditions - <2 Year Storm Existing Conditions - 100 Year Storm 1 FEMA BFE Tide 11/15/2018 Back to Agenda Page 11 of 132 11/15/2018 Back to Agenda Geotechnical— Liquefaction: potential of 12 to 24-inches of settlement during design level earthquake. Foundation Reoommendatiore Pile foundation. Piles must extend approximately 40- feet below grade to minimize settlement issues. Culvert Construction Considerations: - Cencrete Bax CrAverl—Box "Arch - Concrete Cuhrert with Open 000" — Precast Co kit - CornWW Metal Arch Recommended Structure - Concrete Cuhrert with Open Man — Precast Corwaete - Steel pipe Ales. 104od on center. 40 FM emhedawit - Carcrrefe more dwatrte and Iws oor asoo 0ret sftel web a kwls Phase 1 ESA: Former automotive service station on property - Conduct Phase 2 evaluatiorrs dudrrg Feral Design Cultural Resources Overview: No significant findings - Monk" mcavalion for arWads during corwbucbm Alternative 1 — Bay Street Culvert Replacement i rl Page 12 of 132 N. 11/15/2018 Back to Agenda Alternative 1 — Bay Street Culvert Replacement Y Site Plan -�� I p • �r n Page 13 of 132 01 11/15/2018 Back to Agenda Federal Permits/Approvals Clean Water Act Sections 404 and 401 — USAGE/Ecology EE��Jdd�/! way �w wearverrrye �yA=�e.r11M Flm� i.?9 R@ni'msn n610—USF , �'bxN Oceanic a aeYey®A 6eibelfmm s�lYw atlJviao.LtRA1V re UBAEE H4WIC PnHnMw Aa smmrn arr ow �_ rem O." State Permits/Approvals Hydrad. Project Approval (HPA)—WDFW Slate Environmental Policy Act (SEPA) :Fa Nw.ra wb+tiln Cq tl rM orw wrw ye Con.Woti- Stormwatar General Permit (CGSWP) —Ecology 1rW sueaedaaM Oh na.n � a errwr Mal noa as r�uiretl d:gMMe r� tlsnnkene®Br�nlb Local Permits/Approvals Master Permh Application rme4rrsehvre _J Critical Areas Ordinance (POMC 20.162 6 Shoreline Master Program (POMC 20.164) SEPA initiated Other City Permits Schedule Ike � s I � $ llll� 10 Page 14 of 132 11/15/2018 Back to Agenda Page 15 of 132 11 Back to Agenda Page 16 of 132 Back to Agenda "FPO, Issue Title: Meeting Date: Time Required: Attendees: City of Port Orchard Work Study Session Executive Summary Kitsap County Courthouse Feasability and Space Needs Assessment November 20, 2018 30 Minutes Commissioner Garrido Action Requested At This Meeting: County presentation on the Courthouse Feasibility and Space Needs Assessment status review. Issue/Background: On July 17, 2018, Kitsap County Administrator Karen Goon, President Ron Thomas of Thomas Architecture Studios, and Commissioner Garrido provided a presentation on space needs at the County Courthouse. Tonight's presentation is an update on Option 5 for the Courthouse. Alternatives: None. Recommendation: None. Relationship to Comprehensive Plan: None. Attachments: Courthouse Feasibility and Space Needs Assessment. Follow-up Notes & Outcomes: Page 17 of 132 Back to Agenda This Page Intentionally Left Blank Page 18 of 132 i ts`/1 �: 1 (.,,�o ur t h Of FeasIbility anb� So �:sge,N,--, eecls'��* E. -ssess PIW m nt -_Y _a t(jius Review wItn Puri, 1 E -un Il� ;. jjjjjj�� 0 w 7 qIq 191 NMI W&L "r "'11111 01,07 1 ff To& �mc § 14 7T Space Summary Courthouse Existing Existing to Standard Current Need to Standard 2030 Space Projection 2045 Space Pro'ection No. De rtntent Staff Net Area DGSF Area Standard Net Area DGSF Area Staff DGSF Area Staff DGSF Area Staff DGSF Area Comments 1.0 Courthouse Lobby+ Public Space 3 1,218 3,153 3,470 4,164 3 5,232 3 5,232 3 5,232 2.0 Su riorCourt 28 15,779 17,815 25,498 31,873 29 48,750 33 52.830 36 57,235 3.0 District Court 27 11,214 12,751 14,340 18,642 27 19,994 35 26,647 39 30,029 4.0 Clerk 44 7,962 10.158 10,352 10,158 45 14,040 48 14,234 52 14,515 5.0 Prosecutor 80 23,529 31,000 17,991 23,388 81 19,585 98 21.646 107 22,749 Includes Civil4amil Support 6.0 Sheriff's Office Outside Jail 53 9,012 10,932 9,078 11,348 58 11,728 71 13,108 84 14,295 7.0 Public Defense 14 2,259 2,910 3,006 3,908 15 4,064 22 4,896 26 5,447 8.0 Information Services 47 9,200 11.817 8,820 11,466 48 11,271 51 11,718 51 11,718 9 0 BuildingSupport 0 0 0 0 27,242 0 27,242 0 28,696 0 28.696 142,188 306 161,904 361 179,007 398 189,916 SUBTOTAL1 2961 Building Grossing Factor 0.38 TOTAL BGSF 100,536 38,464 139,000 0.15 21,328 24,286 26,851 28,487 163,516 186,190 205,9531218,403 Uptions 5.8 Child Advocacy Center 1 141 4 027 5 306 3,082 1 4,0071 11 1 3,8511 151 4.4751 151 4,475 Formerty SAU 6.51 Sheriffs Office Within Jail 1 41 8,685 1 11,668 1 8,6001 10,7601 41 11,0501 5 1 11.1301 811,210 I Detective s+'ailsup port I SUBTOTAL1 181 1 16,9741 1 14,7571 151 14,9011 201 15,6051 21 1 15 685 OVERALL DGSF Binding Grossing Factor TOTAL BGSF 314 117,510 15]2,2113 321U2, ,805 381 194,612 419 205 6D0 3 3? 142,026 159 000 0.15 235 2,341 2,353 1 17 941 212,5571 223,6371 I%* -. 1-r Space,Spmmary e 232g Back to Agenda --�irr=nt Edsting Heed to 2030 Space 2045 Space Standard Projection Projection Na. Room Name/ Position No. No. No. No. Additional Comments Superior Court 2.01 Typical CoLIrtr00m 6 8 9 10 50 spectators, 15 p. _ur:r I,-cx + La 2.02 Hearinq COUrtroom 1 1 1 1 Com iss i oner's court, nc Lircx 2.05 Secure Hearinq Room 0 1 1 1 _05 Lar e Courtroom 0 1 1 1 tables Courtroom Subtotal 7 11 12 13 2 15 Jun; Deliberation Rccm 4 f 6 ? Also used for Mediation 2.26 JLId e s Chambers 3 3 9 111 2.28 Court Commissioner 1 1 1 2 Judicial Officer District Court 9 9 10 12 3.01 Jury Courtroom 4 2 2 2 50 spertatGrsr 15 p_ fury box+ bailiff 3.02 Non -Jury Courtroom 0 2 3 4 3.03 Hearinq Courtroom 0 ! i 1 1 Courtroom Subtotal 4 4 6) 7 4-09, Jury Deliberation Room 1 2 2 2 A.so used for conference room. 3.19 Judge's Chambers 4 4 ry 3.21 Court Commissioner 0 0 1 1 3.22 Pro Tem Judge 1 1 1 1 Judicial Officer Subtotal 5 5 7 8 Total Courtrooms 11 15 is 20 Total Jufy Deliberation Rooms 5 8 E. Total Judicial Oft cers 14 1 14 1 17 1 20 1 D/strict Judge A Courroomt,Summary qS& Site Analysis W-cc s5. I Ake Back to Agenda 1%,-. 1 Alry ExistingPqrking Page 22 Current Parking 0 OFF-STREET PARKING (ESTIMATE 430) ON -STREET PARKING (ESTIMATE 182) Total: 612 stalls (Estimate) *Excluding stalls for Admin Building &Public Works* Dedicated to Jail/Facilities Approx. 80 Stalls Current Parking Available: 532 Stalls Estimated Parking requirements for new Courthouse: Courthouse Staff(2030) 370 Court Visitors: 400 (50% rooms @ 80%Occupancy) Jurors: 150 Total: 920 Back to Agenda •I� Option 1 _ 1--1-I . 4* A Conceptpy$ummary Option 2 Option 4 Back to Agenda ADULT DETENTION FACILITY EXISTING COURTHOUSE � Option 4p-„Phase 1 y Attributes • Multiple phases • 6 floors including chambers on collegial floor • 2-story base expressed with court floors setback from street Back to Agenda ADULT DETENTION FACILITY � Option 4py-„Phase 2 Attributes is Lobby on corner • 2-story base wraps around corner • Two public elevator cores COLLEGIAL FLOOR PHASE 1- LEVEL 6 Superior Court Chambers District Court Chambers 400. i rrw COURTR TYPICAL OURTROOM TYPICA COURTROOM TYPIC COURTR TYPICAL COURTROOM. -.II. PHASE 1- LEVEL 5 TYPIC1. .COURTROOM 6 Superior Courtrooms — Typical ICAL TROOM :.., �•• pt;:l TYPICAL . COURTROOM-.. TYPIC b --.� COURTROO nPICTRAL •. COUROOM .. nn E �.. SUPERIOR COURT OFFICES, - PHASE 1- LEVEL 4 4 Superior Courtrooms —Typical Superior Court Offices TYPICAL. COURTROOM.:'..• PHASE 1 - LEVEL 3 TYPIC�.: COURTROO 6 District/Superior Courtrooms COURTROOM PICA "COURTROOM BUILDING SERVICES �. Y � PROSECUTOR 4. r .. BUILDING ` + SERVICES SECURE -.,,,,- 'DISTRICT COURT DISTRICT COUR- OFFICES JURY SERVICES LEGEND 0 Public Circulation 0 Private Circulation — Staff & Judges Secure Circulation— In -custody Defendants PHASE 1- LEVEL 2 Prosecutor Building Services PHASE 1- LEVEL 1 1 Superior Courtroom — Secure 1 District Hearing Room District Court Offices Jury Services Building Support PHASE 1- LEVEL 0 Secure Connection to Jail Option 4, Phase 1-,E�,tacking Diagram PHASE 2 - LEVEL 2 Information Services Sheriff's Office Building Support 1 Large Superior Courtroom PHASE 2 - LEVEL 1 Lobby County Clerk Sheriff's Office Public Defense LEGEND =Public Circulation = Private Circulation — Staff & Judges Secure Circulation— In -custody Defendants Back to Agenda .TYPICAL COURTROOM. TYPICAL .- COURTROOM TYPICAL ♦- COURTROOM. TYPICAL. COURTROOM TYPICAL COURTROOM TY COURTR - TYPICAL �` -Al, COURTROOM .:.' .. TYPICAL j COURTROOM TYPICAL TYCOURTROOM ilk OURTR SUPEAtRCOURT DUILDING SERVICE . TYPICAL COURTRO( TYPICAL - .. - COURTROOM TYPICAL .:.-COURTROOM _.Ell ' BUILDING' SERVICES BUILDING SERVICES -''SECURE- ' HEARING DISTRICT ♦ COURT ,. DISTRICT COURT PHASE 1- LEVEL 6 Superior Court Chambers District Court Chambers PHASE 1- LEVEL 5 6 Superior Courtrooms — Typical PHASE 1- LEVEL 4 6 Superior Courtrooms —Typical Superior Court Offices PHASE 1 - LEVEL 3 6 District Courtrooms — Typical Superior Court Offices PHASE 1- LEVEL 2 Prosecutor Building Services PHASE 1- LEVEL 1 1 Superior Secure Hearing Room 1 District Traffic Court District Court Offices Jury Services Building Support PHASE 1- LEVEL 0 Secure Connection to Jail Building Services Option 4, Phase 2 -„stacking Diagram 96 ADULT DETENTION FACILITY -F Partial basement Option 4 - Secure Circulatoni Secure corridor connects to base of prisoner elevators Back to Agenda r I 7BC KS. f -- Division St. COURT OFFICES JAIL Secure Parking V Taylor St. �] Option 4py-,Phase 1 Back to Agenda ---� Division St. Secure Parking V V, Taylor St. �] Option 4p- „phase 2 r oil Aw or loop loop .k YG• � 1 fRr�� ..fir 000 0000 or ILL 4 .�� r 1 . • ti * 4. . �• A-r ti r 4p .01 _ , r. ■ 18.... I 57 • • • , • • + I 1Tv, � 7 F" •. Y, J w. a � , y. I . • ate. r -;r a. IPI- —. r a .f 1A '� 6'� f T 44 y�y ._tills - �] Option 4, Phase View ff*AbQ Back to Agenda A Option 4 - Bqgeilo,ing�Section Back to Agenda A Option 4 - Str�pt Elevation qSA Option 4 Back to Agenda Advanta • Larger Phase 1 decreases size of Phase 2 in keeping with height of Administration Building • Eliminates double move for Jury Services and Prosecutor • Two-story building base in line with Port Orchard zoning (and adjacent residential) with floors above set back (zoning modifications in process to allow for this envelope) • Allows both internal and horizontal expansion • Good internal wayfinding • Good opportunities for public plaza at NW corner and good plaza between Administration & Courthouse • Very good natural light & views Disadvanta • Multiple construction phases • Longer offices for Clerk and Sheriff A Advantages &pyD,,sadvantages Back to Agenda •I� Option 1 _ 1--1-I . 4* A Conceptpy$ummary Option 2 Option 4 Back to Agenda O 4_J CONCEPT COMPARISON 0 O a-- 0 M O a-- 0 1�t O a-- 0 Project Phasing - Schedule 0 Project Phasing - Work -around Complexity Q Project Phasing - Potential Costs 0 Q Port Orchard Zoning - Alignment With O Q Q Q Impact on Surrounding Residential Neighborhoo O 0 Q Relationship to Adjacent Civic Buildings O Height of Building / Contextual Relationship O Q Security Q Q Q Internal Adjacencies and Functional Relationshi Q Q Q Wayf i ndi ng - Ease of Access Q Q Q Natural Light and View Q Q Public Entry Sequence / Plaza Design Opportunit Q Q Screening of North Wing of Detention Center Connection to Detention Center Q1 0O Q1 Expansion Capabilities Q1 0O Parking Cost Q Q Q Q Total Project Costs Q Q SCORE 1 49 1 53 1 44 1 54 OVERALL RANK 1 3 1 2 1 4 1 1 LEGEND Best 0 4 Good 01 3 Fair 0 2 Poor O 1 CIL]% LM Concept Comparison Chart Back to Agenda qI� • .tzw:�-" ^' in W Ph( fir' •� F� Phi 46 r %`!,- 1�, � }17T law s r' vision St. r 41 4._ Ce #C r - - r eC _ r. r • 1 -$IP Ir f } > a. Tayf6�S�`" - - Option Page 38 of 13P h a s i n �'1�A5HINGiO Back to Agenda ADULT DETENTION 10, FACILITY EXISTING COURTHOUSE � Option 5Pa7 79 ,,,Phase 1 PHASE 1 • 4 floors with 12 courts • Future expansion space on site • Revise space allotment in existing courthouse PHASE 2 ADULT DETENTION FACILITY EXISTING COURTHOUSE Add 5 levels to south end of courthouse Move District Courts ly • SA Opti on 5Pag=40.,,,P a s e 2 A r%I 11 T � Option 5Pa7, 71 1 13Phase 3 PHASE 3 • New lobby • First phase of new ding PHASE DETENTION FACILITY EXISTING COURTHOUSE Complete court offic building ly • SA Opti 5Pag=42f 13 Back to Agenda EXISTING COURT OFFICES LEVEL 04 LEVEL 03 LEVEL 02 LEVEL 01 NEW COURTHOUSE 3 Typical Courtrooms Superior Court Chambers Large Courtroom 3 Typical Courtrooms 4 Typical Courtrooms Superior Court Office Jury Services Secure Hearing Room IT Computer Room Building Support LEGEND 0 Public Circulation 0 Private Circulation — Staff & Judges Secure Circulation— Incustody Defendants Option 5 - Phase ]age 4Stacking Diagram III► COUNTY CLERK _ �r I` 1 DISTRI OFFIC PROSECUTING ATTORNEY SHERIFF %,-khh -11 10, s EXISTING COURT OFFICES Existing Detention Center CT MEP Back to Agenda S LARGE COURT < I , 1 PROSECUTING ATTORNEY IT JURY PUBLIC SERVICES DEFENSE to SUPERIOR t OFFICE INFO \ SERVICES FAMIL� 1 SERVICES 04BY/ PROSECUTING ATTORNEY S LEVEL 05 Superior and District Court Rs 'I Judges Chambers LEVEL 04 / MEP Storage SECU HEARING —100 NEW COURTHOUSE 6 Typical Courtrooms (2 used for transition space) LEVEL 03 Large Courtroom 5 Typical Courtrooms (2 used for transition space) LEVEL 02 6 Typical Courtrooms (2 used for transition space) LEVEL 01 Superior Court Office Jury Services Secure Hearing Room IS Computer Room Building Support LEGEND 0 Public Circulation 0 Private Circulation —Staff & Judges Secure Circulation— Incustody Defendants 60 tW4SHINGTO I Option 5 - Phase 2.,Stacking Diagram III► Back to Agenda EXISTING SHERIFF & PROSECUTING ATTORNEY PROSECUTING ATTORNEY NEW COURT OFFICES Existing Detention Center JUDGES CHAMBER O LARGE COURT ®\ 4ft NEW COURTHOUSE LEVEL 05 Superior and District Court Judges Chambers LEVEL 04 6 Typical Courtrooms (2 used for transition space) LEVEL 03 Large Courtroom 5 Typical Courtrooms (2 used for transition space) LEVEL 02 6 Typical Courtrooms (2 used for transition space) Superior Court Office Jury Services Secure Hearing Room IS Computer Room Building Support LEGEND Public Circulation Private Circulation —Staff & Judges 0 Secure Circulation— Incustody Defendants jr ly 111� Option 5 - Phase .,S,tacking Diagram qS,,�, Back to Agenda Prosecuting I Attorney i Public Defense Information Services Sheriff Lobby Jury Services County Clerk Sheriff PROSECUTING ATTORNEY Existing Detention Center LARGE PROSECUTING ATTORNEY INFO SERVICES PUBLIC DEEFENFENSE MEP T DISTRICT OFFICE )RI I JUDGES CHAMBERS LEVEL 05 Superior and District Court Judges Chambers LEVEL 04 6 Typical Courtrooms LEVEL 03 Large Courtroom 5 Typical Courtrooms E' i '0�1 LEVEL 02 6 Typical Courtrooms I �I I MEP LEVEL 01 Storage SECURE HEARING 16 Superior Court Office District Court Office Secure Hearing Room IS Computer Room Building Support LEGEND 0 Public Circulation 0 Private Circulation — Staff & Judges Secure Circulation— Incustody Defendants Option 5 - Phase 4e,Stacking Diagram DIVISIONST Back to Agenda MAIN EN f FAY %IVMT �F1fIE Z3 M� Option 5 - Level 1 Adaptive Reuse ofPaExfisting Courthouse Back to Agenda Option 5 - Level 2 Adaptive Reuse ofPaExfisting Courthouse III► D OR NO REVISIONS - DEPARTMENT ATIONS ONLY 18,921 SF TOTE: MINOR REVISIONS INCLUDE DEPARTMENT RELOCATIONS ONS INCLUDING FURNITURE RELOCATION, OPEN OFFICE AND EQUIPMENT. EXISTING WALLS AND STRUCTURE TO AN INCLUDE NEW DOOR OPENINGS AILY SUPPORT ORMATION SERVICES ORMATION SERVICES !LIC DEFENSE EXPANSION :RIFF EXPANSION _ EXPANSION R REVISIONS 1,390 SF OTE: MAJOR REVISIONS INCLUDE THE DEMOLITION ,ND/OR NEW WALL CONSTRUCTION, NEW FINISHES. RUCTURE TO REMAIN, INCLUDES THE ADDITION OF ES/ OUTLETS/ LIGHTING/ HVAC REVISIONS. INCLUDES ]N OF NEW PARTITIONS AND FURNITURE. :KER ROOM REVISIONS 10 FOR INMATE RELEASE CORRIDOOR ISIONS FOR PREISONER ACCESS TO NEW COURTHOUSE NG TO REMAIN ❑ o ❑ ❑ ❑ C C Building Renovations Level 1 jr ly 111� Adaptive Reuse L�e\Y/ofels of Renovation III► LEGEND j, L�2 662❑0 S Q 1Q fl n I._ 32z L, jJ OPEN JQ;BELOW COURTROOM i Building Renovations Level 2 a ❑ LIMITED OR NO REVISIONS - DEPARTMENT ALTERATIONS ONLY 10,185 SF GENERAL NOTE: MINOR REVISIONS INCLUDE DEPARTMENT RELOCATIONS AND REVISIONS INCLUDING FURNITURE RELOCATION, OPEN OFFICE PARTITIONS AND EQUIPMENT. EXISTING WALLS AND STRUCTURE TO REMAIN. CAN INCLUDE NEW DOOR OPENINGS 0 DISTRICTCOURT © JURY ROOM FOR DISTRICT COUR © ADDITTION TO CLERK ❑MINOR REVISIONS 3,322 SF GENERAL NOTE: MAJOR REVISIONS INCLUDE THE DEMOLITION OF WALLS AND/OR NEW WALL CONSTRUCTION, NEW FINISHES. EXISTING STRUCTURE TO REMAIN. INCLUDES THE ADDITION OF NEW FIXTURES/ OUTLETS/ LIGHTING/ HVAC REVISIONS. INCLUDES THE ADDITION OF NEW PARTITIONS AND FURNITURE. © RENOVATIONS FOR PROGRAM ADDITTIONS AND CIRCULATION CONNECTIONS ❑EXISTING TO REMAIN � C ti -ry Adaptive Reuse Lep-Aie\VoeIs of RenovationNGTO ) III► Option 5 - PlYase 1 Site Plan III► Option 5 - PlYase 2 Site Plan qSA Option 5 - PlYase 3 Site Plan qSA M fi� Im Option 5 - PlYase 4 Site Plan III► Back to Agenda r'� � �:.� � �.�.. �`E I� � � �' '.� i, r +�i �.•5. L d � � E-T law y r Z � ..,...� .'�-`� � �! .ate �,� ■`s .d!"'" 7y�� �' � 1 M�:'i.F �� - ~ �$ � #' r •l' f is }• S Y '' '`' `� ' it +*., �� sue,!• ►dam °Y RAP `� Y s.� r: 's �IVISIon St.r •.rre. Dhnco 4 hnco A e. - #C T r - t® �qn• �*�: - . � s ' .atr` 4eL' ' f ..�. ai TayfoAcoo �S�`" (UD) Option Sag. 55 Rhasing III► Back to Agenda jr ly Option 5 - Phase 1 Section III► Back to Agenda FUTURE PHASE Option 5 - Full Bgu.iil2d Out Section qSA Back to Agenda Option 5 - Full Build Out Elevation qSA j- �_-• r.•q"'y.�yF— ` ,fir S-�Q�'' ..tt_. ♦ y Ya �.. ,' i �. A ~ .- 1, V i, k,,�_. . �T'd -]•n'� r s.'^-X 3P - ` ► - f � _ �"� �` 9 �/: 4�' t f / � � / i' � �.=� � �� .:may _ _ y; :✓ fi- 1 1 �� N x,RtLm fill ����� lr1���tr� :. " tad ll�1r1l,l�. it 11�1.. pr IF i t_ w yp 4 lot: 6 b • � � �� �• ` •'�� ,/� � . tom. ��� I !�� . 's ! /� �. � � . ✓-mow ��� \ 'R r . _ �` � ,i - s �]iTi • - • LVI rz N n U) Page 60 of 132 Back to Agenda �i14' •�ryr•. ■1� i4Vt. + ram' Issue Title: Meeting Date: Time Required: Attendees: City of Port Orchard Work Study Session Executive Summary Community Service Program November 20, 2018 15 minutes None Action Requested At This Meeting: Discussion regarding the community service program. Issue/Background: Discussion of the community service program. Alternatives: None. Recommendation: None. Relationship to Comprehensive Plan: None. Attachments: City CSW Program -Historical Statistics; Line Items and Totals; and POMC Revenue 2018. Follow-up Notes & Outcomes: Page 61 of 132 Back to Agenda This Page Intentionally Left Blank Page 62 of 132 City CSW Program - Historical Statistics Back to Agenda Year Number Referred Completions in Program Hours Completed (Jail) Hours Completed (Court Fines) Total Hours Completed 2013 90 51 1797 2244 4041 2014 72 42 1897 1442 3339 2015 61 28 1257 1091 2348 2016 35 13 636 852 1488 2017 40 15 756 806 1562 2018* 28 19 459 562 1021 *Through October 31, 2018. Page 63 of 132 Line Item Wages (Matt) Benefits Telephone/computer/fax Printing/supplies Building charge Liability insurance Admin % (8.5%) Amount $32,760.00 $16,922.24 $500.00 $600.00 $2,400.00 $1,500.00 SUBTOTAL $54,682.24 ANNUAL TOTAL MONTHLY TOTAL Previous monthly cost Increase over previous $4,647.99 $59,330.23 $4,944.19 $3,968.00 20% Back to Agenda Page 64 of 132 a� El O t� PORT ORCHARD MUNICIPAL COURT m REVENUE 2018 INFRACTIONS CRIMINAL CITATIONS MONTH TRAF NONTRAF PARIQNG DUI TRAF NONTRAF PROB. OTH COSTS PSEA TOTAL PAID TO CITY January $ 15,934 $ 563 $ 5,994 $ 1,567 $ 3,402 $ 452 $ 11,336 $ 2,645 $ 3,592 $ 45,485 $ 34,624 February $ 11,244 $ 452 $ 4,860 $ 1,873 $ 1,876 $ 532 $ 12,405 $ 2,486 $ 2,445 $ 38,173 $ 31,088 March $ 16,392 $ 433 $ 5,401 $ 2,329 $ 4,062 $ 635 $ 13,904 $ 3,441 $ 3,684 $ 50,281 $ 40,634 April $ 10,228 $ 252 $ 5,921 $ 2,060 $ 2,567 $ 443 $ 8,550 $ 2,027 $ 2,330 $ 34,378 $ 26,784 May $ 12,480 $ 676 $ 4,820 $ 1,658 $ 1,650 $ 622 $ 13,130 $ 3,156 $ 2,643 $ 40,835 $ 33,348 June $ 11,253 $ 901 $ 4,821 $ 1,718 $ 2,928 $ 237 $ 11,941 $ 1,888 $ 2,670 $ 38,357 $ 30,255 July $ 11,074 $ 494 $ 4,963 $ 1,623 $ 3,361 $ 623 $ 10,660 $ 1,702 $ 2,714 $ 37,214 $ 29,408 August $ 11,217 $ 710 $ 6,327 $ 2,814 $ 3,660 $ 371 $ 13,726 $ 2,355 $ 2,799 $ 43,979 $ 35,772 September $ 8,357 $ 335 $ 3,816 $ 2,306 $ 3,177 $ 384 $ 11,968 $ 2,578 $ 2,099 $ 35,020 $ 28,856 October $ 12,692 $ 616 $ 6,132 $ 2,216 $ 3,209 $ 509 $ 11,836 $ 1,933 $ 3,036 $ 42,179 $ 34,205 November $ - December $ - TOTAL $ 120,871 $ 5,432 $ 53,055 $ 20,164 $ 29,892 $ 4,808 $ 119,456 $ 24,211 $ 28,012 $ 405,901 $ 324,974 AVG/MO $ 12,087.10 $ 543.20 $ 5,305.50 $ 2,016.40 1 $ 2,989.20 $ 480.80 $ 11,945.60 $ 2,421.10 $ 2,801.20 $ 40,590.10 $ 32,497.37 Totals thru May 2017 $ 144,198 $ 3,920 $ 65,293 $ 22,339 $ 3%597 $ 11,347 $ 140,028 $ 23,896 $ 29,219 1 $ 454,143 $ 380,901 AVG/MO $ 12,0171 $ 326.67 1 $ 5,4411 $ 1,862 1 $ 3,050 1 $ 946 $ 11,669 1 $ 1,991 $ 2,435 1 $ 37,845 1 $ 31,741.75 100% retained by the City Page 65 of 132 Back to Agenda This Page Intentionally Left Blank Page 66 of 132 Back to Agenda Issue Title Meeting Date: Time Required: Attendees City of Port Orchard Work Study Session Executive Summary Amendment to POMC Chapter 3.48, Multifamily Property Tax Exemption November 20, 2018 15 Minutes Nick Bond, Community Development Director Action Requested at this Meeting: Provide feedback and direction to staff on the proposed alternative ordinances for revisions to Chapter 3.48 POMC. Background/Issue: On July 26, 2016, the City Council adopted Ordinance 023-16, which established the City's multifamily property tax exemption program, Chapter 3.48 POMC. The areas currently designated for tax exemption are shown on Figure 1. At the November 13, 2018 City Council meeting, during the Land Use Committee report, staff informed the City Council of a citizen request for expansion of the multifamily property tax exemption area, to include three undeveloped parcels on the south side of SE Sedgwick Rd, adjacent to the east side of Fred Meyer (Figure 2). This site is proposed for a 113-unit apartment development. During this report, the Council was made aware that market rate rents for apartments in Port Orchard were very close to meeting the definition of affordable housing and that other nearby cities have designated all local centers for multifamily property tax exemption. After discussion, the Council requested that a draft ordinance amending the City's tax exemption map be brought forward for consideration at the November work-study meeting. Based on the November 13 discussion, staff decided to bring forward two alternatives. The first alternative was as requested by Council. The second alternative was prepared out of concern that if the map was amended to add the Sedgwick properties to the tax exemption area, the builder would likely qualify for both the 8- or 12-year exemption, regardless of whether any of the units were made available below market rates. As such, two draft ordinances are being presented for discussion: one with an expanded tax exemption map including the Sedgwick parcels, without any changes to the 12-year tax exemption designation (Figure 4); and one showing both the Sedgwick expansion and limiting the 12-year tax exemption to the downtown area (Figure 5). For the second alternative, corresponding changes were also made to the text of Section 3.48.040, as shown in the draft ordinance. The reason to retain the 12-year abatement in the downtown area under the second alternative two was to ensure that the additional costs of providing below -grade parking and building on fill could be offset, since downtown rents are likely to be higher than in other areas of the city if redevelopment occurs, and if affordable housing is provided, it should be in proximity to transit and local services. Additionally, Council requested that staff provide a breakdown of the annual property tax for the three Sedgwick parcels, showing how the pre- and post -development tax assessed against these properties would be distributed among the local taxing districts: Page 67 of 132 Ex( Back to Agenda Page 2 of 7 2018 Kitsap County Real Property Tax Distribution for Sedgwick Properties: (information provided by Treasurer's Office; rounded to even numbers) State: 21% ($2.10 per $1,000) City: 16% ($1.60 per $1,000) Library: 3% ($.03 per $1,000) Port: 3% ($.03 per $1,000) Schools: 30% ($3 per $1,000) Fire: 16% ($1.60 per $1,000) County: 10% ($1 per $1,000 PUD:.6% ($.06 per $1,000) Current Sedgwick Property Tax (2018, 1.04% of value): $11,573.34 Distribution: State $2,958.25 City $1,633.52 Library $422.68 Port $320.17 Schools $3,145.17 Fire $2,028.41 County: $998.39 PUD $66.75 Approximate Property Tax Based on Estimated $27 Million Post -Development Value: $280,800 (2018 tax rate; tax exemption effective 2020; information provided by applicant) Distribution: State $81,432 City $42,012 Library $8,424 Port $8,424 Schools $81,432 Fire $50,414 County: $28,080 PUD $1,624 Total City share of property tax from 2020-2028, at current tax rate for undeveloped property (or 8-year exemption): $13,038.15 Total City share of property tax from 2020-2028, at current tax rate for $27 million value developed property: $336,096 Alternatives: Staff has prepared two alternative draft ordinances. Council is not obligated to take any action at this time. In addition to these options, Council may want to continue studying these issues as they relate to expanding the tax abatement map, and setting more stringent thresholds for the affordable housing component in order to qualify for a tax exemption. Relationship to Comprehensive Plan: The City's multifamily tax exemption program supports a number of Comprehensive Plan goals and policies, including: Policy LU-1 Provide a variety of housing types and employment opportunities that meet the needs of diverse socioeconomic interests. Policy LU-17 Incentivize infill development to preserve and protect open space, critical areas and natural resources. Policy LU-28 In conjunction with the proposed Centers strategy, enhance downtown Port Orchard's role as the center of the South Kitsap region, reflecting the following principles in development standards and land use plans: • Encourage land uses that support transit centers and promote pedestrian activity. Page 68 of 132 Ex( Back to Agenda Page 3 of 7 • Promote a mix of uses, including retail, office, and housing. • Encourage uses that will provide both daytime and evening activities. • Support civic, cultural, and entertainment activities. • Provide sufficient public open space and recreational opportunities. • Enhance, and provide access to, the waterfront. • Develop enhanced design guidelines and design review requirements that promote attractive, pedestrian -scale development and redevelopment within the City's historic downtown area. Policy HS-4 Adopt zoning and development regulations that will have the effect of minimizing housing costs and maximizing housing options. Policy HS-7 Consider the creation of zoning and other land use incentives for the private construction of affordable and special needs housing as a percentage of units in multi -family development. Policy HS-8 Consider adopting incentives for development of affordable multi -family homes through property tax abatement in accordance with 84.14 RCW, focusing on designated mixed - use local centers with identified needs for residential infill and redevelopment. Policy HS-14 Implement zoning and development regulations which encourage infill housing on empty and redevelopable parcels. Policy HS-1 Consider programs to preserve or rehabilitate neighborhoods and areas that are showing signs of deterioration due to lack of maintenance or abandonment. Recommendations: Staff recommends that Council discuss the alternatives and provide direction concerning next steps. Attachments: Alternative 1 Draft Ordinance; Alternative 2 Draft Ordinance; Materials provided by applicant requesting amendment to POMC 3.48 Page 69 of 132 Page 4 of 7 I � n� s - i a .., ., i City Of Port Omhard r 31II-- �- - - I�I YgA1 S ,t _ T — 1, ir - -F-- - - 1 Figure 1: Current Multifamily Property Tax Exemption Area Map, POMC 3.48 I �F City 0 POrt O,ChdO -71 v L-i I .E• < _i _ _ J I F - - — I It - r- , I I TI A ..r-II rCl 1 1 - - - - - _ - • I I I I Page 70 of 132 Page 5 of 7 Figure 2: Sedgwick Parcels 0 City of Part Orchard k I J f r I J IT„ �I — 5 —T I L _ 1 I r - 1 _ -_ , I _ ql�. rLl i= IF L — I T Figure 3: Downtown Parcels Page 71 of 132 Ex( Back to Agenda Page 6 of 7 4 F J, 1 7 z 0 \V- 'k 4� City or Part Orchard 111111111 :1-1- d z T T L7 Figure 4: Expanded Tax Exemption Area (Alternative 1) X 7, N 41 X, F4z.� LE IF 17� L 71-1 1% . ..... 1 _j - L7 . . N t WOO, ...... j. F_ 0 City of Port Orchard Page 72 of 132 Ex( Back to Agenda Page 7 of 7 Figure 5: Expanded Tax Exemption Area with Revised 12-Year Area (Alternative 2) Page 73 of 132 Back to Agenda This Page Intentionally Left Blank Page 74 of 132 Back to Agenda ORDINANCE NO. XX-18 ALTERNATIVE 1 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 3.48; EXPANDING THE RESIDENTIAL TARGETED AREA FOR MULTIFAMILY PROPERTY TAX EXEMPTION; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 26, 2016, the City Council adopted Ordinance No. 023-16, which created Chapter 3.48 of the Port Orchard Municipal Code (Multifamily Property Tax Exemption); and WHEREAS, Figure 1: Alternative 1 in Chapter 3.48 POMC shows the designated residential targeted area for multifamily property tax exemption; and WHEREAS, Section 3.48.030(3) POMC provides that the City Council may amend the designated residential targeted area; and WHEREAS, the City has received a request to modify the designated residential targeted area to include additional properties located on the south side of SE Sedgwick Rd, near the intersection of Bethel Rd SE and SE Sedgwick Rd (Assessor's File Nos. 122301-2-064-2003, 122301-2-063-2004 and 122301-2- 053-2006); and WHEREAS, the additional properties requested for inclusion meet the requirements for the multifamily property tax exemption as defined by Chapter 84.14 RCW; and WHEREAS, the City Council desires to include these additional properties in the designated residential targeted area, to encourage additional, affordable housing; and WHEREAS, Figure 1: Alternative 1 in Section 3.48.030 POMC has been revised to reflect the inclusion of the additional properties in the designated residential targeted area, as shown in Exhibit 1 of this Ordinance; and WHEREAS, on ***, 2018, the City Council held a properly -noticed public hearing according to the requirements of RCW 84.14.040 and Section 3.48.030(3) POMC (comments received?); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. Section 2. POMC Chapter 3.48 Amended. Chapter 3.48 POMC as amended, which is attached as Exhibit 1 to this Ordinance and incorporated fully herein by this reference, Is hereby adopted. 1 of 12 Page 75 of 132 Back to Agenda Section 3. 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 by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted 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 circumstances. Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 5. Effective Date; Publication. This ordinance shall take effect and be in full force immediately upon its passage. An approved summary of this ordinance consisting of the title shall be published in the official newspaper of the City. PASSED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, at a regular meeting thereof this **th day of ***, 2018, and SIGNED by the Mayor and attested by the Clerk in authentication of such passage this **th day of **, 2018. Robert Putaansuu, Mayor ATTESTED: Brandy Rinearson, CIVIC, City Clerk APPROVED AS TO FORM ONLY: Sharon Cates, City Attorney EXHIBITS: Exhibit 1—Amended Chapter 3.48 POMC 2of12 Page 76 of 132 Back to Agenda Chapter 3.48 MULTIFAMILY PROPERTY TAX EXEMPTION Sections: 3.48.010 PURPOSE. 3.48.020 DEFINITIONS. 3.48.030 RESIDENTIAL TARGET AREAS —CRITERIA —DESIGNATION. 3.48.040 TERMS OF THE TAX EXEMPTION. 3.48.050 PROJECT ELIGIBILITY. 3.48.060 APPLICATION PROCEDURE. 3.48.070 APPLICATION REVIEW —ISSUANCE OF CONDITIONAL CERTIFICATE —DENIAL --APPEAL. 3.48.080 EXTENSION OF CONDITIONAL CERTIFICATE. 3.48.090 APPLICATION FOR FINAL CERTIFICATE. 3.48.100 ISSUANCE OF FINAL CERTIFICATE. 3.48.110 ANNUAL COMPLIANCE REVIEW --REPORTING. 3.48.120 CANCELLATION OF TAX EXEMPTION. 3.48.130 CONFLICT OF PROVISIONS. 3.48.010 PURPOSE. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (1) Encourage increased residential opportunities, including affordable housing units, within areas of the City designated by the City Council as residential targeted areas; and/or (2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW as implemented by the City's comprehensive plan. 3.48.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (1) "Affordable housing" means the definition provided for in RCW 84.14.010. (2) "Department" means the City Department of Community Development. 3 of 12 Page 77 of 132 Back to Agenda (3) "Director" means the Director of the Department of Community Development, or designee. (4) "High -cost area" means the definition provided for in RCW 84.14.010. (5) "Household" means the definition provided for in RCW 84.14.010. (6) "Low-income household" means the definition provided for in RCW 84.14.010. (7) "Moderate -income household" means the definition provided for in RCW 84.14.010. (8) "Multifamily housing" (for the purposes of this section) means a building having ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (9) "Owner" means the definition provided for in RCW 84.14.010. (10) "Permanent residential occupancy" means the definition provided for in RCW 84.14.010. (11) "Rehabilitation improvements" means the definition provided for in RCW 84.14.010. (12) "Residential targeted area" means the definition provided for in RCW 84.14.010 and the area(s) that have been so designated by the City Council pursuant to this chapter. (13) "Substantial compliance" means the definition provided for in RCW 84.14.010. (14) "Urban center" means the definition provided for in RCW 84.14.010. 3.48.030 RESIDENTIAL TARGET AREAS —CRITERIA —DESIGNATION. (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the City Council's intention of designating a residential target area, the City Council may, in its sole discretion, designate one or more residential targeted areas. Each residential target area must meet the following criteria, as determined by the City Council: (a) The area is within an urban center; (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. (2) In designating a residential targeted area, the City Council may also consider other factors including, but not limited to: 4of12 Page 78 of 132 Back to Agenda (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW, as implemented through the City's current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the City. (3) At any time the City Council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. (4) The following areas are designated as residential targeted areas under this chapter: I j� eI S, B i �•,.v '� �s S Figure 1: ltp--natw%, e , 5of12 Page 79 of 132 Back to Agenda (5) If a part of any legal lot is within a designated residential targeted area then the entire lot shall be deemed to lie within such residential targeted area. Property located outside of, but adjacent to, the described areas is not designated as residential targeted areas. 3.48.040 TERMS OF THE TAX EXEMPTION. (1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) For eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; or (b) For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection (1)(b). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate -income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the City under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate -income households. (i) If calculations for the minimum twenty (20) percent of the multifamily housing units required under this subsection result in a fraction, then the minimum number of multifamily housing units for affordable housing shall be rounded up to the next whole number. (ii) In projects granted 12-year exemptions, housing units identified for households with low, affordable, or moderate annual income shall continue to be made available to low, affordable, or moderate households for the length of the exemption period. (iii) The mix and configuration of housing units (e.g., studio, one -bedroom, two -bedroom) used to meet the requirement for affordable units under this subsection shall be substantially proportional to the mix and configuration of the total housing units in the project. (iv) When a project includes more than one building with multifamily housing units, all of the affordable housing units required in this subsection must not be located in the same building. (2) Limits on Exemption. The exemption does not apply: (a) To the value of land or to the value of non -housing -related improvements not qualifying under this chapter. (b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (c) To increases in assessed valuation made by the Kitsap County Assessor on non -qualifying portions of building or other improvements and value of land nor to increases made by lawful order of a County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uniformity of assessment or appraisal required by law. 6of12 Page 80 of 132 Back to Agenda (3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.48.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet all of the following requirements for consideration for a property tax exemption: (1) Location. The project must be located within a residential targeted area as defined in POMC 3.48.030. (2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or City building codes. (4) Size of Project. The new, converted, or rehabilitated multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple -unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (5) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (6) Compliance with Guidelines and Standards. The project must be designed to comply with the City's comprehensive plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. 3.48.060 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (1) The exemption application provided by the City shall be completed and filed with the Department prior to issuance of a building permit for the project. The completed application shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in the City's current fee resolution. (2) The exemption application shall contain and require such information as deemed necessary by the Director, including: (a) A brief written description of the project, including timing and construction schedule, setting forth the grounds for the exemption. 7of12 Page 81 of 132 Back to Agenda (b) Floor and site plans of the proposed project, which may be revised by the owner, provided such revisions are made and presented to the Director prior to the City's final action on the exemption application. (c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with current building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (d) If applying for a 12-year exemption, it shall include information describing how the applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(b). (e) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (f) An affidavit signed by the owner stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (g) Verification of the correctness of the information submitted by the owner's signature and affirmation made under penalty of perjury under the laws of the State of Washington. 3.48.070 APPLICATION REVIEW —ISSUANCE OF CONDITIONAL CERTIFICATE —DENIAL —APPEAL. (1) Director's Decision. The Director may certify as eligible an application which is determined to comply with all applicable requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (2) Approval of Application —Contract Required. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and pursuant to the following: (a) The contract shall be subject to approval by the City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under this chapter. This contract shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. (b) For any development project including owner -occupied units, the contract with the City shall also require that an owners association organized under RCW 64.34.300 be formed for all owner -occupied units within the development, for at least the length of the exemption period granted, to assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the City for each of the individual homeowners pursuant to POMC 3.48.110. (c) Amendment of Contract. Within three (3) years of the date from the City Council's approval of the contract, an owner may request an amendment(s) to the contract by submitting a request in writing to the Director. The fee for an amendment is as set forth in the City's current fee resolution. The Director shall have authority to approve minor changes to the contract that are reasonably within the scope and intent of the contract approved by the City Council, as solely determined by the Director. Amendments that are not reasonably within the scope and intent of the approved contract, as solely determined by the 8of12 Page 82 of 132 Back to Agenda Director, shall be submitted to the City Council for review and approval. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in POMC 3.48.080 are met. (3) Issuance of Conditional Certificate. Upon City Council approval of the contract required under subsection (2) above, the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of City Council approval unless an extension is granted as provided in this chapter. (4) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of issuance of the denial. (5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee, as set forth in the City's current fee resolution, with the Director. The appeal before the City Council will be based on the record made before the Director. The Director's decision shall be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision. The City Council's decision on appeal will be final. 3.48.080 EXTENSION OF CONDITIONAL CERTIFICATE. (1) Extension. The conditional certificate and time for completion of the project maybe extended by the Director for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a written request with a fee, as set forth in the City's current fee resolution, stating the grounds for the extension. An extension may be granted if the Director determines that: (a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; provided that financial hardship, regardless of the cause or reason, shall not be considered by the Director as a circumstance beyond the control of the owner in order to grant an extension; (b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (c) All the conditions of the original contract (and as amended) between the applicant and the City will be satisfied upon completion of the project. (2) Denial of Extension. If an extension is denied, the Director shall state in writing the reason for denial and shall send notice to the applicant's last known address within ten (10) calendar days of issuance of the denial. (3) Appeal. An applicant may appeal the denial of an extension to the Hearing Examiner within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the Director. The appeal before the Hearing Examiner shall be processed as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 3.48.090 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a 9of12 Page 83 of 132 Back to Agenda final certificate of tax exemption by filing with the Director such information as the Director may deem necessary or useful to evaluate the eligibility for the final certificate, including the following: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; (3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; (4) A statement that the work was completed within the required three (3) year period or any authorized extension; (5) If a 12-year exemption, information on the applicant's compliance with the affordability requirements of this chapter; and (6) Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 3.48.100 ISSUANCE OF FINAL CERTIFICATE. (1) Director's Decision. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (2) Granting of Final Certificate. If the Director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County Assessor. The Director is authorized to cause to be recorded, at the owner's expense, in the real property records of the Kitsap County Department of Records, the contract with the City, as amended if applicable, and such other documents) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording, including requirements under this chapter relating to affordability of units. (3) Denial of Final Certificate. The Director shall notify the applicant in writing that a final certificate will not be filed if the Director determines that: (a) The improvements were not completed within the authorized time period; (b) The improvements were not completed in accordance with the contract between the applicant and the City; or (c) The owner's property is otherwise not qualified under this chapter. (3) Appeal. An applicant may appeal a denial of a final certificate to the Hearing Examiner within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal application and appeal fee with the Director. The appeal before the Hearing Examiner shall be processed as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 10 of 12 Page 84 of 132 Back to Agenda 3.48.110 ANNUAL COMPLIANCE REVIEW —REPORTING. (1) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the Director indicating the following: (a) A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; (b) A certification by the owner that the property has not changed use and continues to be in compliance with the contract with the City and the applicable requirements of this chapter; (c) A description of changes or improvements to the property made after the City's issuance of the final certificate of tax exemption; (d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; (e) A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; (f) If granted a 12-year exemption, information demonstrating the owner's compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household at the time of initial occupancy or the income of each purchaser of owner -occupied units at the time of purchase; (g) The value of the tax exemption for the project; and (h) Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. (2) City staff may also conduct on -site verification of the declaration and reporting required under this section. Failure to submit the annual declaration and report may result in cancellation of the tax exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110. (3) If the city issues final tax exemption certificates pursuant to this chapter, the Director shall submit the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each year. 3.48.120 CANCELLATION OF TAX EXEMPTION. (1) The Director may cancel a tax exemption on a property if he/she determines any of the following: (a) The owner is not complying with the terms of the contract or this chapter; (b) The use of the property is changed or will be changed to a use that is other than residential; (c) The projectviolates applicable zoning requirements, land use regulations, building, or fire code requirements; or (d) The owner fails to submit the annual declaration and report specified in POMC 3.48.110. 11 of 12 Page 85 of 132 Back to Agenda (2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the Director and the Kitsap County Assessor in writing within sixty (60) calendar days of the change in use. (3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined. (4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on the property, and a priority lien may be placed on the land, pursuant to state law. (S) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW 84.14.110(2), the Director shall notify the owner by mail, return receipt requested. (6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the Hearing Examiner by filing a notice of appeal and appeal fee with the City Clerk within thirty (30) calendar days of the date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall be heard by the Hearing Examiner as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 3.48.130 CONFLICT OF PROVISIONS. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. 12 of 12 Page 86 of 132 Back to Agenda ORDINANCE NO. XX-18 ALTERNATIVE 2 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 3.48; EXPANDING THE RESIDENTIAL TARGETED AREA FOR MULTIFAMILY PROPERTY TAX EXEMPTION; AMENDING THE DESIGNATED RESIDENTIAL TARGETED AREA AND REQUIREMENTS FOR 12-YEAR MULTIFAMILY TAX EXEMPTIONS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 26, 2016, the City Council adopted Ordinance No. 023-16, which created Chapter 3.48 of the Port Orchard Municipal Code (Multifamily Property Tax Exemption); and WHEREAS, Figure 1: Alternative 1 in Chapter 3.48.030 POMC shows the designated residential targeted area for multifamily property tax exemption; and WHEREAS, Section 3.48.030(3) POMC provides that the City Council may amend the designated residential targeted area; and WHEREAS, the City has received a request to modify the designated residential targeted area to include additional properties located on the south side of SE Sedgwick Rd, near the intersection of Bethel Rd SE and SE Sedgwick Rd (Assessor's File Nos. 122301-2-064-2003, 122301-2-063-2004 and 122301-2- 053-2006); and WHEREAS, the additional properties requested for inclusion meet the requirements for the multifamily property tax exemption as defined by Chapter 84.14 RCW; and WHEREAS, the City Council desires to include these additional properties in the designated residential targeted area, to encourage additional, affordable housing; and WHEREAS, Figure 1: Alternative 1 in Section 3.48.030 POMC has been revised to reflect the inclusion of the additional properties in the designated residential targeted area, as shown in Exhibit 1 of this Ordinance; and WHEREAS, the current market rate for rental housing costs in Port Orchard is significantly below the average rental cost for Kitsap County's other cities, and WHEREAS, the City Council wishes to further the City's goals of redevelopment and additional, affordable residential units within the City's downtown area; and WHEREAS, the City Council therefore desires to amend the boundaries of the designated residential targeted area, so that the 12-year tax exemption shall apply to only the downtown area, as indicated in Figure 1 of Exhibit 1; and 1 of 13 Page 87 of 132 Back to Agenda WHEREAS, on ***, 2018, the City Council held a properly -noticed public hearing according to the requirements of RCW 84.14.040 and Section 3.48.030(3) POMC (comments received?); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. Section 2. POMC Chapter 3.48 Amended. Chapter 3.48 POMC as amended, which is attached as Exhibit 1 to this Ordinance and incorporated fully herein by this reference, Is hereby adopted. Section 3. 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 by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted 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 circumstances. Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section S. Effective Date; Publication. This ordinance shall take effect and be in full force immediately upon its passage. An approved summary of this ordinance consisting of the title shall be published in the official newspaper of the City. PASSED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, at a regular meeting thereof this **th day of ***, 2018, and SIGNED by the Mayor and attested by the Clerk in authentication of such passage this **th day of **, 2018. Robert Putaansuu, Mayor ATTESTED: Brandy Rinearson, CIVIC, City Clerk APPROVED AS TO FORM ONLY: Sharon Cates, City Attorney 2of13 Page 88 of 132 Back to Agenda EXHIBITS: Exhibit 1—Amended Chapter 3.48 POMC 3 of 13 Page 89 of 132 Back to Agenda Chapter 3.48 MULTIFAMILY PROPERTY TAX EXEMPTION Sections: 3.48.010 PURPOSE. 3.48.020 DEFINITIONS. 3.48.030 RESIDENTIAL TARGET AREAS —CRITERIA —DESIGNATION. 3.48.040 TERMS OF THE TAX EXEMPTION. 3.48.050 PROJECT ELIGIBILITY. 3.48.060 APPLICATION PROCEDURE. 3.48.070 APPLICATION REVIEW —ISSUANCE OF CONDITIONAL CERTIFICATE —DENIAL -- APPEAL. 3.48.080 EXTENSION OF CONDITIONAL CERTIFICATE. 3.48.090 APPLICATION FOR FINAL CERTIFICATE. 3.48.100 ISSUANCE OF FINAL CERTIFICATE. 3.48.110 ANNUAL COMPLIANCE REVIEW --REPORTING. 3.48.120 CANCELLATION OF TAX EXEMPTION. 3.48.130 CONFLICT OF PROVISIONS. 3.48.010 PURPOSE. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (1) Encourage increased residential opportunities, including affordable housing units, within areas of the City designated by the City Council as residential targeted areas; and/or (2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW as implemented by the City's comprehensive plan. 3.48.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (1) "Affordable housing" means the definition provided for in RCW 84.14.010. 4of13 Page 90 of 132 Back to Agenda (2) "Department" means the City Department of Community Development. (3) "Director" means the Director of the Department of Community Development, or designee. (4) "High -cost area" means the definition provided for in RCW 84.14.010. (5) "Household" means the definition provided for in RCW 84.14.010. (6) "Low-income household" means the definition provided for in RCW 84.14.010. (7) "Moderate -income household" means the definition provided for in RCW 84.14.010. (8) "Multifamily housing" (for the purposes of this section) means a building having ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (9) "Owner" means the definition provided for in RCW 84.14.010. (10) "Permanent residential occupancy" means the definition provided for in RCW 84.14.010. (11) "Rehabilitation improvements" means the definition provided for in RCW 84.14.010. (12) "Residential targeted area" means the definition provided for in RCW 84.14.010 and the area(s) that have been so designated by the City Council pursuant to this chapter. (13) "Substantial compliance" means the definition provided for in RCW 84.14.010. (14) "Urban center" means the definition provided for in RCW 84.14.010. 3.48.030 RESIDENTIAL TARGET AREAS —CRITERIA —DESIGNATION. (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the City Council's intention of designating a residential target area, the City Council may, in its sole discretion, designate one or more residential targeted areas. Each residential target area must meet the following criteria, as determined by the City Council: (a) The area is within an urban center; (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. (2) In designating a residential targeted area, the City Council may also consider other factors including, but not limited to: 5of13 Page 91 of 132 Back to Agenda (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW, as implemented through the City's current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the City. (3) At any time the City Council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. (4) The following areas are designated as residential targeted areas under this chapter: y visa• "r Z .. e_� d S� � ` � � �w � 9 � � ! i� Q, q ,l xx v �b �Y3 .na � • j Le � w•.� w �� �9R .r -i $ i$p � n... � •.•w fir- ..�.�� � o- +' _ �� W 5 �.. Figure 1: nitp—rnat;%,e , 6of13 Page 92 of 132 Back to Agenda (5) If a part of any legal lot is within a designated residential targeted area then the entire lot shall be deemed to lie within such residential targeted area. Property located outside of, but adjacent to, the described areas is not designated as residential targeted areas. 3.48.040 TERMS OF THE TAX EXEMPTION. (1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) Within the areas shown as "8 Year Eligible Area" and "12 Year Eligible Area" in Figure 1 of this chapter, for eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. No requirements for affordable housing are required for an eight -year tax exemption within either of these areas; or (b) Within the area shown as "12 Year Eligible Area in Figure 1 of this chapter, for twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection (1)(b). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate -income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the City under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate -income households. (i) If calculations for the minimum twenty (20) percent of the multifamily housing units required under this subsection result in a fraction, then the minimum number of multifamily housing units for affordable housing shall be rounded up to the next whole number. (ii) In projects granted 12-year exemptions, housing units identified for households with low, affordable, or moderate annual income shall continue to be made available to low, affordable, or moderate households for the length of the exemption period. (iii) The mix and configuration of housing units (e.g., studio, one -bedroom, two -bedroom) used to meet the requirement for affordable units under this subsection shall be substantially proportional to the mix and configuration of the total housing units in the project. (iv) When a project includes more than one building with multifamily housing units, all of the affordable housing units required in this subsection must not be located in the same building. (2) Limits on Exemption. The exemption does not apply: (a) To the value of land or to the value of non -housing -related improvements not qualifying under this chapter. (b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (c) To increases in assessed valuation made by the Kitsap County Assessor on non -qualifying portions of building or other improvements and value of land nor to increases made by lawful order of a 7of13 Page 93 of 132 Back to Agenda County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uniformity of assessment or appraisal required by law. (3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.48.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet all of the following requirements for consideration for a property tax exemption: (1) Location. The project must be located within a residential targeted area as defined in POMC 3.48.030. (2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable state or City building codes. (4) Size of Project. The new, converted, or rehabilitated multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple -unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (5) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (6) Compliance with Guidelines and Standards. The project must be designed to comply with the City's comprehensive plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. 3.48.060 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (1) The exemption application provided by the City shall be completed and filed with the Department prior to issuance of a building permit for the project. The completed application shall be accompanied by the application fee as authorized by RCW 84.14.080 and as set forth in the City's current fee resolution. (2) The exemption application shall contain and require such information as deemed necessary by the Director, including: 8of13 Page 94 of 132 Back to Agenda (a) A brief written description of the project, including timing and construction schedule, setting forth the grounds for the exemption. (b) Floor and site plans of the proposed project, which may be revised by the owner, provided such revisions are made and presented to the Director prior to the City's final action on the exemption application. (c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with current building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (d) If applying for a 12-year exemption, it shall include information describing how the applicant will comply with the affordability requirements set forth in POMC 3.48.040(1)(b). (e) A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (f) An affidavit signed by the owner stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (g) Verification of the correctness of the information submitted by the owner's signature and affirmation made under penalty of perjury under the laws of the State of Washington. 3.48.070 APPLICATION REVIEW —ISSUANCE OF CONDITIONAL CERTIFICATE —DENIAL —APPEAL. (1) Director's Decision. The Director may certify as eligible an application which is determined to comply with all applicable requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (2) Approval of Application —Contract Required. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and pursuant to the following: (a) The contract shall be subject to approval by the City Council, in the form of a resolution, regarding the terms and conditions of the project and eligibility for exemption under this chapter. This contract shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. (b) For any development project including owner -occupied units, the contract with the City shall also require that an owners association organized under RCW 64.34.300 be formed for all owner -occupied units within the development, for at least the length of the exemption period granted, to assume the responsibility for collecting from all individual unit owners the information and documents required to complete the annual reporting requirements and for filing the required annual report with the City for each of the individual homeowners pursuant to POMC 3.48.110. (c) Amendment of Contract. Within three (3) years of the date from the City Council's approval of the contract, an owner may request an amendment(s) to the contract by submitting a request in writing to the Director. The fee for an amendment is as set forth in the City's current fee resolution. The Director 9of13 Page 95 of 132 Back to Agenda shall have authority to approve minor changes to the contract that are reasonably within the scope and intent of the contract approved by the City Council, as solely determined by the Director. Amendments that are not reasonably within the scope and intent of the approved contract, as solely determined by the Director, shall be submitted to the City Council for review and approval. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in POMC 3.48.080 are met. (3) Issuance of Conditional Certificate. Upon City Council approval of the contract required under subsection (2) above, the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of City Council approval unless an extension is granted as provided in this chapter. (4) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of issuance of the denial. (5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee, as set forth in the City's current fee resolution, with the Director. The appeal before the City Council will be based on the record made before the Director. The Director's decision shall be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision. The City Council's decision on appeal will be final. 3.48.080 EXTENSION OF CONDITIONAL CERTIFICATE. (1) Extension. The conditional certificate and time for completion of the project maybe extended by the Director for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a written request with a fee, as set forth in the City's current fee resolution, stating the grounds for the extension. An extension may be granted if the Director determines that: (a) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; provided that financial hardship, regardless of the cause or reason, shall not be considered by the Director as a circumstance beyond the control of the owner in order to grant an extension; (b) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (c) All the conditions of the original contract (and as amended) between the applicant and the City will be satisfied upon completion of the project. (2) Denial of Extension. If an extension is denied, the Director shall state in writing the reason for denial and shall send notice to the applicant's last known address within ten (10) calendar days of issuance of the denial. (3) Appeal. An applicant may appeal the denial of an extension to the Hearing Examiner within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the Director. The appeal before the Hearing Examiner shall be processed as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 10 of 13 Page 96 of 132 Back to Agenda 3.48.090 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the Director such information as the Director may deem necessary or useful to evaluate the eligibility for the final certificate, including the following: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; (3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; (4) A statement that the work was completed within the required three (3) year period or any authorized extension; (5) If a 12-year exemption, information on the applicant's compliance with the affordability requirements of this chapter; and (6) Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. 3.48.100 ISSUANCE OF FINAL CERTIFICATE. (1) Director's Decision. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (2) Granting of Final Certificate. If the Director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County Assessor. The Director is authorized to cause to be recorded, at the owner's expense, in the real property records of the Kitsap County Department of Records, the contract with the City, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Director deems appropriate for recording, including requirements under this chapter relating to affordability of units. (3) Denial of Final Certificate. The Director shall notify the applicant in writing that a final certificate will not be filed if the Director determines that: (a) The improvements were not completed within the authorized time period; (b) The improvements were not completed in accordance with the contract between the applicant and the City; or (c) The owner's property is otherwise not qualified under this chapter. (3) Appeal. An applicant may appeal a denial of a final certificate to the Hearing Examiner within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal 11 of 13 Page 97 of 132 Back to Agenda application and appeal fee with the Director. The appeal before the Hearing Examiner shall be processed as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 3.48.110 ANNUAL COMPLIANCE REVIEW —REPORTING. (1) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the Director indicating the following: (a) A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; (b) A certification by the owner that the property has not changed use and continues to be in compliance with the contract with the City and the applicable requirements of this chapter; (c) A description of changes or improvements to the property made after the City's issuance of the final certificate of tax exemption; (d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each unit sold during the 12 months ending with the anniversary date; (e) A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; (f) If granted a 12-year exemption, information demonstrating the owner's compliance with the affordability requirements of this chapter, including, but not limited to, the income of each renter household at the time of initial occupancy or the income of each purchaser of owner -occupied units at the time of purchase; (g) The value of the tax exemption for the project; and (h) Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. (2) City staff may also conduct on -site verification of the declaration and reporting required under this section. Failure to submit the annual declaration and report may result in cancellation of the tax exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110. (3) If the city issues final tax exemption certificates pursuant to this chapter, the Director shall submit the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each year. 3.48.120 CANCELLATION OF TAX EXEMPTION. (1) The Director may cancel a tax exemption on a property if he/she determines any of the following: (a) The owner is not complying with the terms of the contract or this chapter; (b) The use of the property is changed or will be changed to a use that is other than residential; (c) The project violates applicable zoning requirements, land use regulations, building, or fire code requirements; or 12 of 13 Page 98 of 132 Back to Agenda (d) The owner fails to submit the annual declaration and report specified in POMC 3.48.110. (2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the Director and the Kitsap County Assessor in writing within sixty (60) calendar days of the change in use. (3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has been determined. (4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on the property, and a priority lien may be placed on the land, pursuant to state law. (5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW 84.14.110(2), the Director shall notify the owner by mail, return receipt requested. (6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the Hearing Examiner by filing a notice of appeal and appeal fee with the City Clerk within thirty (30) calendar days of the date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall be heard by the Hearing Examiner as a closed record hearing. No appeal to the City Council is provided from the Hearing Examiner's decision. 3.48.130 CONFLICT OF PROVISIONS. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this chapter. 13 of 13 Page 99 of 132 Back to Agenda Sedgwick Road Multifamily Tax Abatement Request 1 November 2018 gmummilloonp AttentivPabObb-of 132 Project Overview/ Curr .Bck to... A_l.d. irts and Timeline Planned Scope and Value • Parcel(s) 0 122301-2-053-2006 0 122301-2-064-2003 0 122301-2-063-2004 • Approx. 8.27 Acres Developed • Anticipating Zoned "Mixed Use" • 5 Buildings — Low Rise Garden • 113 Units (3/2/1 Bedrooms) • Community Center (2700SF) • Open Space (9000SF) • Wetland Buffer Requirements Met • Dog Park / Bicycle Repair Station • Value at Completion — Approx $27MM Current Efforts and Timeline • 40% Design - Complete • Traffic Impact Analysis —Complete • Wetland Survey —Complete • Pre -Application with City of Port Orchard - Complete • Submit for Conditional use Permit — 11 /5/18 • Secure Water/Sewer Availability Letters — 12/1 /18 • Building Permits Impact Fees ($1.27MM) Paid — 3/1 /19 • Begin Construction — Mar/Apr 2019 .Wfflghfflfllfl RUP Project C Back to Agenda t' o n s Required Impact Fees - $1.27 MM (Due at Approved Building Permit 3/1/19) • School - $97,293 ($861 PU) • Traffic — $178,810.07 ($1582.39 PU) • Park - $20,792 ($584 PU) • Water — $310,354.50 ($2746.50 PU) • Sewer General — $319,592.25 ($2828.25 PU) • Sewer Treatment - $3077134.00 ($2718 PU) Total $1,279,175.82 • Provide approximately 300 additional resident housing • 20' Frontage Currently in Right of Way on Sedgwick Road provided back to City at Market Value Tax Distribution (Estimated) REGIONAL LIBRARY PORE 3% COUNTY 1 CITY 15% -- .Whflhflffifl RUP FIRE 18% LOCAL SCHOOL 29% 'E GENERAL Back to Agenda Potential Future Tax Revenue (Based on $27MM value and 1.1 %Tax Rate) $12,000,000.00 $10,000,000.00 a> � $8,000,000.00 a� aD 0� x $6,000,000.00 H m -1> $4,000,000.00 m E U $2,000,000.00 BIM ��° ��'� ti ��° � h ��° ��1 w ° ° ��1,°3 D� h �o°1 w ��° ° '� �1, 3 D� h �o 1 w '� Tax Revenue Year ■ Revenue in $$ :Hhhlghfflfflfl OUP p.a jk 2-013 f H _ g I 2 - 0117 ' — e � • M. 49 . i _ 2-09 1-0 i 0 JL 2 -032 2' 2 -033 .r 2- 2-0S3 + . + ` AW ""' 2-03$ 2-09S AV Back to Agenda Formal Request to Change Municipal Code • Requesting Port Orchard Municipal Code - 3.48.030 Residential target areas — Criteria — Designation, be redrawn to include the following Parcel(s) - 122301-2- 064-2003,122301-2-063-2004 and 122301-2-053-2006. gmulamilm flour C�BW� AMunicipal%#048.030 (1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council's intention of designating a residential target area, the city council may, in its sole discretion, designate one or more residential targeted areas. Each residential target area must meet the following criteria, as determined by the city council: (a) The area is within an urban center; (b) The area lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center if affordable, desirable, attractive, and livable residences were available; and (c) Providing additional housing opportunities, including affordable housing, in the area will assist in achieving one or more of the purposes of this chapter. (2) In designating a residential targeted area, the city council may also consider other factors including, but not limited to: (a) Additional housing, including affordable housing units, in the residential targeted area will attract and maintain an increase in the number of permanent residents; (b) An increased permanent residential population in the residential targeted area will help to achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW, as implemented through the city's current and future comprehensive plans; (c) Encouraging additional housing in the residential targeted area is consistent with public transportation plans; or (d) Additional housing may contribute to revitalization of a distressed neighborhood or area within the city. (3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the designation of a residential targeted area pursuant to the same procedural requirements as set forth in this chapter for original designation. (4) The following areas are designated as residential targeted areas under this chapter, as shown on the map labeled Figure 1: Alternative 1: (5) If a part of any legal lot is within a designated residential targeted area then the entire lot shall be deemed to lie within such residential targeted area. Property located outside of, but adjacent to, the described areas is not designated as residential targeted areas. (Ord. 023-16 § 2). �Hhhlghfflfflfl RUP Back to Agenda "FPO, Issue Title: Meeting Date: Time Required: Attendees: City of Port Orchard Work Study Session Executive Summary Disbursement of Funds Resolution and Policies November 20, 2018 15 minutes None Action Requested At This Meeting: Provide any comments on the policies. Background: The City desires to pay its claims and obligations in a timely manner to meet the city's business needs. The current process for approving claims and releasing payments to obligated parties is structured around the timing of council meetings. The timing of council meetings does not necessarily meet the business practices of the city or the vendors that work for the city. City staff have worked to create a Policy for the Disbursement of Funds prior to council approval including proper expenditure controls. The purpose of the policy is to delegate authority to the finance department to release payments to obligated parties as a function of city business. This requires maintaining proper internal controls in accordance with the State Auditors requirements as well as controls to meet council approval. The policy will allow the executive branch of the city to operate and pay claims on a business need irrespective of the timing of council meetings. It maintains the requirement for council approval on all claims approved for payment. Alternatives: N/A Recommendation: The Finance Department recommends approving the resolution establishing the Disbursement of Funds Policy. Relationship to Comprehensive Plan: N/A Attachments: Will be provided at meeting. Follow-up Notes & Outcomes: Page 107 of 132 Back to Agenda This Page Intentionally Left Blank Page 108 of 132 Back to Agenda "FPO, Issue Title: Meeting Date: Time Required: Attendees: City of Port Orchard Work Study Session Executive Summary POMC 10.12 Proposed Changes and Updates November 20, 2018 15 Minutes Mark R. Dorsey, P.E, Public Works Director/City Engineer Action Requested At This Meeting: Discussion and direction to staff regarding proposed revisions to POMC 10.12. Background/Issue: At the November 5, 2018 Land Use Committee Meeting, three parking related issues were discussed as follows; 1) the south side of Bay Street, east of Dekalb Street, 2) Etta Turner Park and 3) Tracy Avenue. Item No. 1 is complaint -based and involves inadequate sight distance given current on -street parking allowances. Item No. 2 involves an area within the Water Street Waterway whereby no formal parking has been established by code for Etta Turner Park, but parking in that area has become a healthy and safety issue and is further complicated by a recripical use condition recorded in 2013. Item No. 3 was initiated as a request for No Parking at a specific location along Tracy Avenue, but the Public Works Department has looked at the Tracy Avenue pakring issue wholistically. An additional item, parking along the north side of Horstman, has been added as well. Alternatives: As directed by Council. Recommendation: Staff recommends discussing the issue, and then be given direction to proceed. Relationship to Comprehensive Plan: None Attachments: Dekalb/Bay Street Sight Distance Diagram Etta Turner Park Parking Sketch Section 4.2 — Contract No. C030-13 Tracy Avenue Parking Sketch Draft Ord. No. 035-18 w/ Staff Report Hostman email/response Page 109 of 132 Back to Agenda This Page Intentionally Left Blank Page 110 of 132 Kitsap County Parcel Search Print Page 1 of 2 Map Scale: 1 : 480 Printed: Tuesday. Nov 6, 2018 ** This map is not a substitute for field survey ** 0 20 40ft Comments Page 111 of 132 https://ags.kitsapgov.com/psearch/printFrm.html?extent=l 193939,202123,1194467,20243... 11/6/2018 Kitsap County Parcel Search Print Page 1 of 2 Back to Agenda Map Scale: 1 : 480 r ** This map is not a substitute for field survey ** Printed: Tuesday. Nov 6, 2018 AW Z.- I '4%� w'—(" A .A' N r 0 20 40ft Comments E S Page 112 of 132 https://ags.kitsapgov.com/psearch/printFrm.html?extent=1197202,203025,1197729,203 34... 11 /6/2018 Back to Agenda 3.3.2. Building Construction Standards. 3.3.3. New or different officially adopted regulations of general applicability, even if in conflict with the Vested Development Standards, but only to the extent required by a serious bonafide threat to public health and safety, as determined in good faith, by the City Council, and only after actual notice and a meaningful opportunity to be heard has been provided to Owner. 3.3.4. Regulations that the City and Owner mutually agree, by written consent, can be applied to the Property. 3.3.5. Non — land use regulations including but not limited to taxes and impact fees. 3.4. The Vested Development Standards shall apply to all uses and development activity on the Property for twenty (20) years from the Vesting Date, subject to the provisions set forth in this Agreement. At the end of said twenty year period, the future use and development activities on the Property shall be subject to the regulations duly adopted by the City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any administrative regulations duly adopted by the City, that relate to the use, alteration or development of real property within the City, without regard to this Agreement's terms and conditions. Provided, however, if a complete building permit application is submitted prior to the end of said twenty year period, the Owner shall be allowed to construct and occupy the improvement covered by said building permit application so long as the building permit issued on said application remains in full force and effect and construction is substantially completed within 18 months of the date the City notifies the Owner that the building permit is ready to be issued. 4. Reciprocal Use. 4.1. The Owner shall continue to allow the public access over the Owner's parking lot in order to access the parking area dedicated to Etta Turner Park. 4.2 The City shall continue to allow the Owner's customers to use the City's parking area dedicated to Etta Turner Park when the Owner's parking lot is full. 4.3. The City shall allow the Owner's sign monument to remain in its current location in a landscape area adjacent to Etta Turner Park. 4.4. In the event the Owner re -develops the Property pursuant to the terms of this Agreement, either party may terminate the reciprocal use provisions of this paragraph 4, upon 90 days written notice. 5. Beach Access Easement. 5.1. Simultaneous with the execution of this Agreement, Owner shall convey to the City by donation, the perpetual right and privilege to construct and maintain a nonexclusive Page 4 of 9 Page 113 of 132 4 t 1 kN- t. + 0 is �•V ��-4 I� � 012•02 018 -00 017.00 015-QQ f 4 -073 t 1 001-05 �- F 4.074 �• " s 4 Li 4•00 UT 001-09 .:.. _._ 4. ` r T 001.00 4 Q-M Back to Agenda AIM i Ilu' ■rW'fir K ::1i1: us ao City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 ■ FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item Subject: Adoption of Ordinance No. 035-18, Thereby Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping or Standing In Certain Areas of the City Meeting Date: November 27, 2018 Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: Summary: As a housekeeping measure, working in conjunction with Parking Enforcement staff and the directions given at the November 5, 2018 Land Use Committee and the November 20, 2018 Work Study Session, the City's Public Works Department continues to inventory existing signage to compile corrections, make revisions and/or modifications to the current Port Orchard Municipal Code (POMC), Chapter 10.12. Relationship to Comprehensive Plan: None Recommendation: Staff recommends adoption of Ordinance No. 035-18, thereby updating POMC Chapter 10.12.500, 10.12.560, 10.12.580 and 10.12.640, regarding Parking, Stopping or Standing in Certain Areas of the City. Motion for Consideration: I move to adopt Ordinance No. 035-18, thereby updating POMC Chapter 10.12.500, 0.12.560, 10,12.580 and 10.12.640 regarding Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. Fiscal Impact: None. Alternatives: Do not approve and provide further direction to staff. Attachments: Ordinance No. 035-18 with POMC 10.12 Redline Ordinance Final Version Page 115 of 132 Back to Agenda ORDINANCE NO.035-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTIONS 10.12.500, 10.12.560, 10.12.580 AND 10.12.640 OF THE PORT ORCHARD MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in the City; and WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chose to codify the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, in response to three issues brought before the Land Use Committee on November 5, 2018 and as discussed at the November 20, 2018 Work Study Session, being potential changes along Bay Street, Etta Turner Park and Tracy Avenue, specific revisions to Sections 10.12.500, 10.12.560 and 10.12.580 are hereby proposed by staff; and WHEREAS, in response to missing infraction language, specific revisions to Section 10.12.640 is hereby proposed by staff; and WHEREAS, staff has inspected and verified the parking conditions, including signage, at the location described and seeks to modify the regulations so that the regulations correctly reflect the true conditions; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: Page 116 of 132 Ordir Back to Agenda Page 2 of 15 1. Ada Street: on the north side of Ada Street, in front of 825 Ada Street. 2.Advantage Avenue: on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 3. Andasio Loop SE: on the outside curb along the entire loop. Arnold Avenue E.: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E.: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: on both sides, from the traffic signal on SR 166 (Bay/Maple Street) for a distance of 200 feet northeast of Guy Wetzel Street. 7. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 8. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 9. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 10. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 11. Bay Street: on the south side from Dekalb Street 130 feet to the east. 121. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 13-2. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of- way. 14-3. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the Page 117 of 132 154.Chatterton Avenue SW 165.Chowchilla Way: 176. Dallas Street: 1 18-7. DeKalb Street: 199. DeKalb Street: 1 203s3. DeKalb Street: I 210. DeKalb Street: 22-1. Donna Street: 23�, Egret Street: 243. Fiscal Street: 254. Fantail Place: 26-5. Farragut Avenue: 276. Glenmore Loop: 28-7. Glenwood Road SW: 299. Grebe Way: I 302-9. Guy Wetzel Street: 1 3.10. Huntington Street: 32-1. Jabirin Way: 332. Koda Circle: 34-3. Lazuli Street: 354. Lippert Drive: 369. Lloyd Parkway: 376. Lowren Street: Ordin Page 3 of 15 inside curb of the remaining part of Chanting Circle. on right-hand side of street as the traffic flows. on the south side of street. on the right-hand side, as the traffic flows. on both sides from Cline Avenue easterly to dead end. on the south side, from Sidney Avenue westerly fora distance of 100 feet. on the north side, from Tracy Avenue easterly to the end of DeKalb Street. on the south side, from Mitchell Avenue to the east side of Tracy Avenue. on the south side of street. on the south side of the street. on the south side of the street. on the east side of the street. on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. on the inside radius of the entire loop. on the north side, from Sidney Road 350 feet west. on the north side, from Siskin Circle to Swift Avenue. on both sides from Bay Street to Perry Avenue. on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. on the north side of street. along fire lanes where marked/posted. on the south side, from Wigeon Avenue to Siskin Circle, on both sides, from Pottery Avenue to Advantage Street. on both sides from SW Old Clifton Road to Lumsden Road. on the right-hand side, as the traffic Page 118 of 132 Ordir. flows on the one-way portion of the street. 3F17. Lumsden Road: on both sides of the street. 399. Lone Bear Drive: on both sides from Feigley Road to SW Stanwick Way. 403-9. Longview Avenue: on east side of street. 419. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 421. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 43:I. Orlando Street: on south side of street. 44-. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 454. Plisko Avenue: on both sides, from Mitchell -Avenue to Mile Hill Drive. 466. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 476. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right-of- way. 48-7. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 499. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 5049. Ross Street: on the south side of the 400 block. 510. Sage Court: on both sides of street. 52-1. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street. 53-2. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet. 543. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 554. Sidney Avenue: on the west side from Bay Street to Prospect Street. 56-5. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 576. Snowridge Avenue: on the left-hand side, as the traffic Page 119 of 132 Ordi Page 5 of 15 flows on the street. 58-7. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 599. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 60-3. Strathmore Circle SW: on outside of circle traveling either direction. 610. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 62-1. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 63-2. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 64-3. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 654. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 66§. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 676. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right-of-way. 68-. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 699. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 7069. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 710. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 2. Section 10.12.560 of the Port Orchard Municipal Code is hereby amended to read as follows: Page 120 of 132 15 10.12.560 Parking time limited on certain streets. When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold Avenue E.: on the west side of Arnold Avenue E., south of Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin Avenue: on both sides, from Division Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to Dekalb Street and 130 feet east of Dekalb Street t❑ Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking Page 121 of 132 Ordir PaRae 7 0 1.q from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, _ Sunday, and federal holidays. 10. Bravo Terrace: on the south side from Bravo Terrace intersection west to end of cul-de-sac. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline Avenue: from the northeast corner of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. _ 13. Cline Avenue: on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb Street: on the north side, from Cline Avenue easterly for a distance of 200 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal _ holidays. 15. DeKalb Street: on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and Page 122 of 132 Ordin Paze 8 of i� federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 16. DeKalb Street: on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb Street: on the south side, from Tracy Avenue easterly to the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb Street: on both sides, from Mitchell Avenue westerly for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division Street: on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. _ 22. Division Street: on both sides from Cline Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Page 123 of 132 Sunday and federal holidays. 23. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight Street: on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Dwight Street: on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Farragut Avenue: on the east side, 160 feet north of DeKalb Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Frederick Avenue: on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison Avenue: on both sides, from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Harrison Avenue: r on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap Street: on both sides, from Cline Avenue to Page 124 of 132 Ordin Page io of 15 Rockwell Avenue. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Kitsap Street: on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell Avenue: on the east side, from DeKalb Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal' holidays. _I 34. Mitchell Avenue: on the west side, from Kitsap Street tc i Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; and that portion of 760 Mitchell Avenue marked as "No Parking Anytime." 35. Mitchell Avenue: on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, _ Sunday, and federal holidays. _ 36. Morton Street: on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Morton Street: on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 38. Prospect Street: on both sides, from Sidney Avenue to Page 125 of 132 Ordir. 39. Prospect Street: 40. Prospect Street: 41. Robert Geiger Street: 42. Seattle Avenue: 11 Robert Geiger Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one -hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. on both sides, from Kitsap Street to Robert Geiger Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. along the green curb, in front of City Hall at 216 Prospect Street. There is 30- minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. on both sides, from Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Seattle Avenue: on both sides from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney Avenue: on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney Avenue: on the east side from Bay Street to Page 126 of 132 Ordir. 12 Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney Avenue: on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sidney Avenue: on both sides, from DeKalb Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 49. Sweany Street: on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Sweany Street: on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Tracy Avenue: abutting 219 Tracy Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Water Street: from Bay Street to waterfront on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on Page 127 of 132 1 any day except Saturday, Sunday, and federal holidays. 54. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. SECTION 3. Section 10.12.580 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.580 Parking time limited on certain city parking lots. (1) The city parking lots are identified as follows: (a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 is a combination of monthly and merchant pass parking and Port Orchard Marina parking. Port Orchard Marina parking is the three northernmost rows and shall be managed by the Port of Bremerton. Designated monthly and merchant pass parking, the most southern row shall require the purchase of a parking pass as established in POMC 10.12.620. (b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum. (c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and east of and parallel to the library's easternmost exterior wall. Parking in the three westerly rows of Lot 3 shall be allowed for a maximum period of two hours at no monetary charge. Parking in the easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two- hour parking for the park at the most northerly and easterly corner and paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall patrons and official vehicles only. The police chief or his/her designate may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. Page 128 of 132 14 of 15 (g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (i) Paul Powers Park, which lies north and east of the public works department "south shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only. (j) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only. k Etta Turner Park other than the marked parking stalls along the east side of the sidewalk within the Water Street Waterway) and limited to two-hour parkiag from dawn to dusk there shall be no additional parking allowed. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7 and 8 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. (3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period of April 1st to October 31st. SECTION 4. Section 10.12.640 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.640 Parking of certain trailers and semitrailers. No trailer or semitrailer shall be parked upon any city street unless the trailer or semitrailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semitrailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semitrailer during the hours of darkness, such trailer or semitrailer may be permitted or allowed to remain for a period not exceeding 24 hours pending removal, except that such trailer or semitrailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. Violation of this sec Lion is a Class A parking irifraation. SECTION 5. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.500, 10.12.560 and 10.12.580, after passage of this Ordinance, before the Effective Date. Page 129 of 132 Ordin Back to Agenda Page is, of is, SECTION S. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.500, 10.12.560 and 10.12.580, after passage of this Ordinance, before the Effective Date. SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 7. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 27th day of November 2018 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CIVIC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember Page 130 of 132 Back to Agenda Mark Dorsey From: Mark Dorsey Sent: Tuesday, November 13, 2018 8:19 PM To: John Clauson Subject: FW: Parking on Orlando Street John, as requested please see below. Thanks From: Mark Dorsey Sent: Thursday, November 08, 2018 9:36 AM To:'oly82@aol.com' <oly82@aol.com> Cc: Rob Putaansuu <rputaansuu@cityofportorchard.us>; Melinda M. Lohre <mlohre@cityofportorchard.us>; Marc Fournier <mfournier@cityofportorchard.us> Subject: FW: Parking on Orlando Street Silvia, please see in red below. Thanks From: Rob Putaansuu <r utaansuu cit of ortorchard.us> Sent: Wednesday, November 07, 2018 2:56 PM To: Oly82 <o! 82 aol.com> Cc: Mark Dorsey <mdorsev@citvofportorchardus> Subject: RE: Parking on Orlando Street Silvia, I will have the Public Works Director research your concern and get back to you. Rob Putaansuu City of Port Orchard Mayor Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. From: Oly82 <olv82@aol.com> Sent: Wednesday, November 7, 2018 11:29 AM To: Rob Putaansuu <r utaansuu cit of ortorchard.us> Subject: Parking on Orlando Street Hello, Mayor Putaansuu! I wanted to bring to your attention a situation along Orlando Street in which there appears to be a conflict between city codes and RCWs. Parking is prohibited on the south side of Orlando Street and is clearly marked with a sign and is delineated in city code. Yes, POMC 10.12.500 (42) The north side, however, has no such sign Correct or prohibition. Incorrect.... parking is prohibited on the north side because there is no place to park, other than on an elevated asphalt sidewalk, which was placed as a condition of the Horstman Heights development. Residents, guests and others have parked on the north side of Orlando by parking as far to the right as they can. Unfortunately, the city considers this a sidewalk the City does not 'consider' it a sidewalk, it IS a sidewalk. It does not need to be grey concrete to be a pedestrianized sidewalk so vehicles are given a parking citation for blocking the sidewalk. Correct, and the City added an edge stripe to further designate the inability to park along the north side of Orlando. When vehicles are parked just over the fog line but not on what the city considers a sidewalk, then the vehicles 1 Page 131 of 132 are in violation of the RCW description of a "highway" and are blocking the road which can lead Back to Agenda impounded, which recently happened to me. Correct, you cannot park within a travelled way This has also led to confusion among city staff. Parking is permitted incorrect yet one cannot park on what appears to be a shoulder incorrect which implies (and has been interpreted by city staff) it Is my understanding that there was one incident with Parking Enforcement Office Lohre where misinformation was provided. This has since been corrected. Melinda? means vehicles can park just over the fog line leading to blocking what the state deems a "highway". This does not involve the state. you cannot park within a travelled way. Because of the lack of a city code and/or sign stating that vehicles should not park on the north side of the road there is only a 5-ft asphalt sidewalk placed on the backside of an asphalt thickened edge, it is not a shoulder, and as mentioned above, the edge stripe was placed to further emphasize the matter and the need of residents and guests to use that street for parking due to increased development, I believe this will continue to lead to confusion among citizens and city employees. Developments are required to provide off-street parking as part of their land use approvals. Unfortunately the city cannot control how residents use or do not use their garages or drive aprons. The city does provide on -street parking for private development. I respectfully request your consideration in having the city either codify that parking is now prohibited on the north side of Orlando unnecessary, the edge strip is adequate — and placing a corresponding sign indicating the change — or that the area past the fog line no longer be considered a sidewalk so that vehicles can park on what basically appears to be a raised shoulder incorrect — again, placing a corresponding sign indicating the change (a sidewalk with a curb is on the south side of Orlando Street). Personally, I believe the latter option will work better due to current and future needs for parking in that area. we are considering adding pedestrian pavement markings. Again, this pedestrian sidewalk was constructed by the developer as a condition of the Horstman Heights development to provide a pathway to Olney, it is not adequate in width to be a shoulder or to serve as on -street parking. Thank you for your consideration, Mayor Putansuu, and please feel free to contact me if further clarification is needed. Have a terrific day! Silvia Klatman (360) 871-8032 oly82(Qaol.com 2 Page 132 of 132