06/14/2021 - PacketCity of Port Orchard
Economic Development and Tourism Committee
June 14, 2021 9:30 am
Remote access only
Zoom Link: https://us02web.zoom.us/j/85405110553?pwd=RCs4L1dOVmhsOFhOdzlqSWNteUxLZz09
Meeting ID: 854 0511 0553
Passcode: 331833
Dial-in: 1 253 215 8782
AGENDA
1. 9:30 Presentation: Tax Increment Financing
Guests: Briahna Murphy, Gordon Thomas Honeywell
Bob Stowe, Stowe Development & Strategies LLC
2.10:30 Presentation: WWU’s Small Business Development Centers Funding Request
Guests: CJ Seitz and Jaime Forsyth, Small Business Development Centers
3.Business Community Discussion
4.Ordinances for Downtown Subarea Plan and Planned Action EIS (Bond)
5.May 2021 DCD Permit Activity (Bond)
Western Washington University SBDC
Kitsap County
Dear Mayor Putaansuu,
As the Director of Western Washington University’s Small Business Development Centers, it has been my privilege to
partner with organizations across the County to restore our vital services to Kitsap. I want to thank you for the
opportunity to request your support.
Port Orchard Partnership
Port Orchard has been a beacon of visionary leadership in economic development and support for small businesses. The
Kitsap SBDC is proud to be here, working to strengthen existing businesses and helping entrepreneurs start smart. Your
partnership with the WWU SBDC will assure Port Orchard businesses have the tools and resources needed to continue
to be a resilient part of this area’s dynamic growth.
Since our return to Kitsap County in June of 2019, we have delivered over
100 hours of business advising to 29 Port Orchard businesses and
entrepreneurs.
Over the long term, for each local dollar invested, WWU SBDC partners
will see a $22 dollar return in capital infusion, job growth, sales, export,
and tax revenue growth.
As you can see by our included services report summaries, we are making
an impact in the community, and strive to increase and expand the work
we are doing. As a funding stakeholder, you will receive in-depth reports
each quarter of our services delivered across the County.
I am writing today to ask you to join our regional partnership through a
three-year commitment for an annual support amount of $10,000.
Communities across Kitsap are pitching in, we bring a Federal dollar
match for each local dollar raised, and your contribution is a vital part of
this County-wide effort.
This investment will assure that Port Orchard will continue to enjoy the many benefits of a local SBDC with a
responsive, regional partner, quarterly accountability, and access to the local, regional, statewide, and national
resources of the Small Business Development Center programs.
Sincerely,
CJ Seitz,
Director
Small Business Development Centers
Western Washington University
POULSBO
Advising Topic Hours
Business Plan 1.75
Buy/Sell Business 1.25
COVID-19 Financial/Capital 29.25
COVID-19 General Support 4.25
Financing/Capital 29.25
Managing a Business 2
Marketing/Sales 12.5
Other Assistance 4.75
Start-up Assistance 19.25
Total 104.25
Port Orchard Services
Page 2 of 36
Western Washington University SBDC
Kitsap County
Kitsap Outcomes and Impacts 2020 2019
Businesses Counseled 145 60
Counseling and Support Hours 586 272
New Business Starts 3 4
Jobs Created 13 15
New Investments / Relief Funds $2.1 MM $6.0 K
The SBDC serves Kitsap County
A Small Business Development Center (SBDC), hosted
by Western Washington University and located at the
Kitsap Regional Library, went live on June 3rd, 2019
and celebrated with a grand opening on August 1st.
A joint effort of the US Small Business Administration,
the City of Poulsbo, Kitsap Credit Union, Kitsap Bank,
First Federal Bank, Kitsap Regional Library and host
institution Western Washington University, the new
Kitsap SBDC was ready to serve the County when the
pandemic struck.
National Resources Delivered Locally
WWU's Kitsap County SBDC is part of the most
comprehensive small-business alliance in the U.S., with
more than 1,000 active SBDC programs across the
country.
WWU's SBDC programs provide a strong boost to local
economies by offering a range of services to help small
businesses grow and prosper. WWU SBDCs offer one-
on-one confidential business advising, training
programs, access to capital, support for international
trade and much more. Entrepreneurs can realize the
dream of a successful business, find a competitive
edge and innovate in the global marketplace.
Services for the Business Community
Businesses in every sector turn to the SBDC for
•Strategic planning, innovation and pivots
•Financial resources and access to capital
•Human resources information
•Marketing, web and social media support
•Buying and selling local businesses
WWU SBDC Director
CJ Seitz
Program Specialist
Heather Theny Marketing Associate
Mariam Kamel
Your WWU Kitsap
SBDC Team
Certified Business Advisor
Jaime Forsyth Certified Business Advisor
Kathy Bastow
Community Feedback
“Thank you so much for your intervention. I know
that's what made all the difference. I will be contacting
you in the near future for more of your magic.”
MaryBeth Foxworth, Greysam Industrial Services
"If it were not for the SBDC/SBA presentation, we
would not have known about the Targeted EIDL
Advance Application email and would have missed out
on $9,000 in grant assistance! We are so grateful.“
Katie Walters, Leadership Kitsap Foundation
"Western's Kitsap SBDC has been instrumental in
keeping me afloat financially during the COVID
pandemic. They are truly amazing!"
Laura Moynihan, Digital Helpmates
The WWU Kitsap Center was quick to respond, a
valued source of moral and practical business support
during an exceptionally challenging time."
Alanna Imbach, Vibe Coworks
"Here in Kitsap, KEDA and the SBDC are in touch near-
constantly. During the pandemic, the SBDC has been
the community's #1 resource for SBA programs."
Joe Morrison, Executive Director, Kitsap Economic
Development Alliance
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ORDINANCE NO. __ -21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PURSUANT TO
RCW 36.70A.600 (1) (f) AND (4), ADOPTING THE DOWNTOWN SUBAREA PLAN;
ADOPTING AMENDMENTS TO THE CITY COMPREHENSIVE PLAN PURSUANT TO RCW
36.70A.130(2)(a)(i); ADOPTING AN AMENDMENT TO THE CITY ZONING MAP;
ADOPTING NEW REGULATIONS AND AMENDMENTS TO CHAPTERS 20.35, 20.38,
20.39, 20.124, 20.127 AND 20.202 OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt and maintain a
comprehensive plan; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of
Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA;
and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
comprehensive plan in June 2016, as required by the GMA; and
WHEREAS, in 2019, the State Legislature passed E2SHB 1923 creating RCW 36.70A.600
and providing for grant funding to jurisdictions taking specific actions to increase residential
building capacity; and
WHEREAS, the City received a grant from the Washington State Department of
Commerce under E2SHB 1923 to prepare a subarea plan and the development regulations as
described in this chapter (Contract C081-19); and
WHEREAS, one of the actions recommended in RCW 36.70A.600 (1) is to adopt a subarea
plan pursuant to RCW 43.21C.420; and
WHEREAS, the City’s Downtown and County Campus areas are designated Countywide
Centers in the City’s comprehensive plan, and Section 2.7.6 of the comprehensive plan
directs the city to develop a subarea plan for each identified center in the comprehensive
plan, and
WHEREAS, the City has combined the Downtown and County Campus centers and has
prepared a single Downtown Subarea Plan (“Subarea Plan”) to satisfy the subarea planning
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Ordinance No. __-21
Page 2 of 18
requirement of Section 2.7.6 of the comprehensive plan; and
WHEREAS, the City most recently adopted annual amendments to the City’s
Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106 on July 14, 2020; and
WHEREAS, RCW 36.70A.130(2)(a)(i) allows the initial adoption of a subarea plan
outside of the annual amendment process if the plan clarifies, supplements or implements
jurisdiction-wide comprehensive plan policies, and the cumulative impacts of the plan are
addressed by appropriate environmental review under chapter 43.21C RCW; and
WHEREAS, an update to the City Zoning Map has been prepared to provide consistency
between the Map and the zoning changes provided in the Subarea Plan, and
WHEREAS, amendments to the Land Use Element of the Comprehensive Plan, and
new regulations and amendments to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and
20.202 of the Port Orchard Municipal Code (POMC), have been prepared to provide
appropriate policies and development regulations for the Downtown Subarea, to provide
consistency between the Comprehensive Plan, the POMC and the Subarea Plan, and to
implement the Subarea Plan, per the requirements of RCW 36.70A.040(3), and
WHEREAS, on August 14, 2020, the City issued a SEPA Determination of Significance
(DS) for the Subarea Plan based on the likelihood that the proposal may have significant
adverse environmental impacts, and identified three alternative subarea proposals for
analysis in an Environmental Impact Statement (EIS), including a no-action alternative; and
WHEREAS, on September 1, 2020, the Planning Commission held a duly-noticed
scoping meeting and request for comments regarding the scope of the EIS; and
WHEREAS, on January 11, 2021, the City submitted the draft Subarea Plan to the
Department of Commerce along with a 60-day request for review; and
WHEREAS, on February 2, 2021, the Planning Commission held a public meeting on
the Draft Environment Impact Statement (DEIS) for the Subarea Plan, and received public
comments; and
WHEREAS, on April 26, 2021, the City issued a Final Environmental Impact
Statement (FEIS) for the Subarea Plan, which addressed issues of current land uses,
development capacity, future development mix and location of densities and uses,
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Ordinance No. __-21
Page 3 of 18
transportation, utilities, public facilities and amenities, cultural resources, and natural
resources, and there have been no appeals; and
WHEREAS, on May 4, 2021, the Planning Commission held a duly-noticed public
hearing on the Subarea Plan and the amendments to the Land Use Element, the Zoning
Map, and to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC, and after
receiving public testimony the Planning Commission recommended their approval; and
WHEREAS, on May 5, 2021, the City submitted the final Subarea Plan, and the
amendments to the Land Use Element, the Zoning Map, and to Chapters 20.35, 20.38,
20.39, 20.124, 20.127 and 20.202 POMC, to the Department of Commerce; and
WHEREAS, on May 5, 2021, the City Council’s Land Use Committee reviewed the
Subarea Plan and the amendments to the Land Use Element, the Zoning Map, and to
Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC, and recommended that
they be forwarded to the full City Council for review and approval; and
WHEREAS, the City Council, after careful consideration of the recommendation from
the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance
is consistent with the City’s Comprehensive Plan and development regulations, the Growth
Management Act, and Chapter 36.70A RCW, and that the amendments herein to the City’s
Comprehensive Plan, Zoning Map, and Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and
20.202 POMC are in the best interests of the residents of the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Adoption of the Downtown Subarea Plan. The Downtown Subarea Plan is
hereby adopted into the City of Port Orchard Comprehensive Plan as Appendix D. (Exhibit 1).
SECTION 3. Adoption of Amended City of Port Orchard Zoning Map. The City of Port
Orchard Zoning Map is hereby adopted, as amended. (Exhibit 2).
SECTION 4. Adoption of Amended Land Use Element of the Comprehensive Plan. The
Land Use Element of the City’s Comprehensive Plan is hereby adopted, as amended (Exhibit 3).
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Ordinance No. __-21
Page 4 of 18
SECTION 5. Adoption of Amendments to Section 20.35.040 POMC. Section 20.35.040
POMC is hereby amended to read as follows:
20.35.040 Downtown mixed use (DMU).
(1) Intent. The downtown mixed use district is intended to provide for mixed use,
pedestrian-oriented development in downtown. To promote walkability and to
encourage street-level retail activity, auto-oriented uses and ground-floor residential
uses are restricted. Building type options include live-work, single-story shopfront and
mixed-use shopfront. Downtown mixed use should be applied in areas where the existing
or proposed land use pattern promotes the highest levels of pedestrian and mixed-use
activity in the community and may be applied in areas designated commercial in the
comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Live-work unit.
(b) Single-story shopfront.
(c) Mixed use shopfront.
(d) Accessory buildings (POMC 20.32.010(16)).
DMU Building Types
(3) Lot Dimensions.
(a) There are no minimum or maximum lot sizes in the DMU district.
(b) There is no minimum lot width in the DMU district.
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Ordinance No. __-21
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DMU Lot Dimensions
(4) Maximum hard surface coverage is 100 percent.
(5) Building Setbacks.
(a) Primary street: not applicable.
(b) Side street: not applicable.
(c) Side interior: not applicable.
(d) Rear: not applicable.
(6) Build-to Zone.
(a) Building facade in primary street: 80 percent minimum (percent of lot width).
(b) Building facade in side street: 40 percent minimum (percent of lot width).
(c) Build to Zone percentages may be decreased (1) if a public pedestrian-oriented space
is provided, if the reduction is no more than the minimum needed to accommodate the
pedestrian oriented space, or (2) for public civic buildings such as a community center or
library.
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Ordinance No. __-21
Page 6 of 18
DMU Building Placement
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.127 POMC:
(a) Front yard: not allowed.
(b) Corner yard: not allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height.
(a) Maximum height: three stories/38 feet unless an alternative maximum building height
is specified pursuant to the downtown height overlay district
(POMC 20.38.600 through 20.38.670).
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Ordinance No. __-21
Page 7 of 18
DMU Building Height
SECTION 6. Adoption of Amendments to Section 20.38.610 POMC. Section 20.38.610
POMC is hereby amended to read as follows:
20.38.610 DHOD Intent.
The intent of the downtown height overlay district (DHOD) is to implement the
Downtown Subarea Plan, protect scenic views on north facing slopes in the vicinity of
Sinclair Inlet and downtown, protect property values, provide access to light, ensure
that the scale of development in downtown Port Orchard does not negatively impact
the historic character of the community, and otherwise protect the general health,
safety, and welfare of the community. The intent of the DHOD is to be achieved by
establishing height limits for buildings and by establishing a method of measuring
buildings that is different than the methods used elsewhere in this title to recognize the
generally sloping characteristics of the overlay district.
SECTION 7. Adoption of Amendments to Section 20.38.640 POMC. Section 20.38.640
POMC is hereby amended to read as follows:
20.38.640 DHOD Height Limits
(1) DHOD Height Zones Established. Within the DHOD as shown on the zoning map,
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Ordinance No. __-21
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there are three different DHOD height zones with height limits established as follows:
(a) DHOD 3: 48 feet – three stories.
(b) DHOD 4: 58 feet – four stories.
(c) DHOD 5: 68 feet – five stories.
(2) DHOD Height Bonus. A 10-foot (one story) height bonus not to exceed 20,000 feet in
area may be granted to exceed the applicable maximum height provided in subsection
(1)(a) of this section if the applicant agrees to construct and operate (or lease to an
operator) a grocery store in the same building for which the bonus is sought, with the
grocery store space measuring at least 10,000 square feet in area. In addition to the
20,000-square-foot bonus limit, the area of this additional 10 feet of building height
shall not exceed 95 percent of the area of the floor immediately below this bonus height
(floor). Any height bonus shall require a development agreement between the
developer and the city that provides assurances to the city guaranteeing that the ground
floor commercial space will be developed and operated as a grocery store upon project
completion.
(3) DHOD Height Zone Map. The height zones described in this section shall be applied
as reflected on the DHOD Height Zone Map as shown in Figure 1.
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Ordinance No. __-21
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Figure 1: DHOD Height Zone Map
SECTION 8. Adoption of Amendments to Section 20.38.650 POMC. Section 20.38.650
POMC is hereby amended to read as follows:
20.38.650 DHOD Height Measurement
Building heights shall be measured one of two ways based on whether the parcel to be
developed abuts Bay Street or whether it does not abut Bay Street.
(1) Building heights for lots abutting Bay Street shall be measured from the average
grade of the property line that abuts Bay Street rather than from the grade plane as
defined in Chapter 20.12 POMC (see “building height” and “grade plane”). If this
property line is below the City’s minimum flood elevation or forecasts for sea level rise,
the property line may be elevated to the required minimum ground floor flood elevation
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Ordinance No. __-21
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for the purpose of measuring height.
(2) Building heights for lots not abutting Bay Street shall be measured in accordance
with the definition of building height as found in Chapter 20.12 POMC.
SECTION 9. Adoption of Amendments to Section 20.38.810 POMC. Section 20.38.810
POMC is hereby amended to read as follows:
20.38.810 VPOD Intent.
The intent of the view protection overlay district (VPOD) is to implement the Downtown
Subarea Plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet,
protect property values, provide access to light, and otherwise protect the general
health, safety, and welfare of the community. The intent of the VPOD is to be achieved
by establishing height limits for buildings and by establishing a method of measuring
buildings that is different than the methods used elsewhere in this title to recognize the
generally sloping characteristics of the overlay district.
SECTION 10. Adoption of Amendments to Section 20.39.040. Section 20.39.040 POMC
is hereby adopted as amended (Exhibit 4).
SECTION 11. Adoption of Amendments to Section 20.124.130. Section 20.124.130
POMC is hereby amended to read as follows:
20.124.130 Downtown Mixed Use Parking Standards.
Except as otherwise provided in this section, development within the downtown mixed-
use zone (DMU) shall provide parking in accordance with the off-street parking
requirements set forth in this chapter.
(1) Parking shall not be required for ground floor uses in the DMU zone in the
Downtown Subarea (see the Downtown Port Orchard Subarea Plan).
(2) For multifamily residential uses in the DMU zone, the off-street parking standard
shall be a minimum of one parking space for each dwelling unit, regardless of the
number of bedrooms.
(3) No new street level parking lot or parking garage that fronts directly on Bay Street
shall be allowed between Port Street and Seattle Avenue.
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Ordinance No. __-21
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(4) Exemptions. The following uses and buildings within the DMU zone shall be exempt
from the parking standards set forth in this chapter:
(a) Existing buildings and uses along both sides of Bay Street from Orchard Avenue to
Seattle Avenue shall be exempt from the parking requirements set forth in this chapter.
SECTION 12. New Section 20.124.135 Adopted. A new Section 20.124.135 POMC is
hereby adopted as follows:
20.124.135 Downtown Subarea Residential Parking Standards.
For residential uses in the Downtown Subarea, excluding the DMU zone parking
standards in POMC 20.124.130, the off-street parking standard shall be a minimum of
one parking space for each dwelling unit, regardless of the number of bedrooms. An
additional .25 parking spaces shall be required for each unit located on a site that is not
served by adjacent on-street parking.
SECTION 13. Adoption of Amendments to Section 20.127.130. Section 20.127.130
POMC is hereby adopted as amended (Exhibit 5).
SECTION 14. New Chapter 20.202 Adopted. A new Chapter 20.202 POMC is hereby
adopted as follows:
POMC 20.202 Off-site Improvement Requirements.
(1) Purpose. The purpose of this chapter is to specify requirements for off-site
improvements serving various development activities under the Building Codes and to
establish limits and parameters for requiring off-site improvements when imposed
outside of SEPA, CUP, or other development review processes. This chapter seeks to
protect the public health, safety and general welfare of the public, to ensure safe
walking conditions, pedestrian connectivity, and ADA accessibility.
(2) Scope.
a. This chapter applies to the following activities under the IBC and IRC:
i. New Construction or Moved Buildings.
ii. Additions to existing buildings.
iii. Changes of occupancy classification.
iv. Remodels and Alterations.
b. Proposed improvements within a public right of way shall require the submittal of
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Ordinance No. __-21
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plans completed by a professional civil engineer and/or surveyors licensed in the state
of Washington consistent with the state licensure requirements and engineering best
practice. In addition, all work shall be compliant with the City of Port Orchard Public
Works and Engineering Standards and Specifications.
(3) Definitions.
“Off-site Improvement” is defined as an improvement to public right of way adjacent to,
along the frontage of, or in proximity to proposed development and may include
cement concrete curb and gutter, driveway, sidewalks, curb ramps, paving, pedestrian
or bicycle pathway(s) (in lieu of sidewalks in accordance with transportation plan),
safety measures, other right-of-way elements (such as streetlighting, landscape strip,
etc.), and drainage improvements.
(4) Off-site Improvements.
a. Off-site improvements shall be required for all New Construction, Additions, Change
of Occupancies as defined in Chapter 3 of in the International Existing Building Code,
Moved Buildings, and Remodels/Alterations to existing buildings.
The maximum level of off-site improvement that may be imposed by project type is
shown in Table 20.202, however this limit shall not apply to projects that have limits or
conditions imposed by SEPA, CUP, or other conditioning documents. The City shall
determine the order of preference when determining off-site improvement
requirements, considering the general health, safety, and welfare and environmental
protection as primary objectives. Secondary objectives may include considerations for
transportation corridors and proximity to schools and parks.
Projects involving more than one project type (New Construction, Additions, Change of
Occupancy, and/or Remodel/Alteration) shall apply the most restrictive criteria in Table
20.202. The Director or designee is authorized to interpret, establish, modify, or
eliminate the off-site improvement requirements shown in Table 20.202 for individual
cases where there are practical difficulties (such as critical areas or steep topography)
involved in the implementation of the requirements of this chapter. The Director or
designee, shall determine the order of preference when determining off-site
improvement requirements, considering health, safety, and welfare, along with
environmental protections as the primary objectives.
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Ordinance No. __-21
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Table 20.202 Offsite Improvement Determinations.
Project Type Threshold Off-site
Improvement
Requirement (ii)
(v)
New Construction
Commercial
(includes multi-
family 3 or more
units) (iii)
All new and
moved buildings
No Limit Defined.
Improvements to
be determined by
the Director.
Single family
and two-family
dwellings.
All new and
moved buildings
No Limit Defined.
Improvements to
be determined by
the director. Fee-
in-Leu available
pursuant to
POMC 20.202 (5).
Single family
and two-family
accessory
structures and
garages.
All new and
moved
buildings.
None required.
Additions
Commercial
Large (iii)
50% or greater
increase in floor
area.
No Limit Defined.
Improvements to
be determined by
the Director.
Commercial
Small (iii)
Less than 50%
increase in floor
area.
Offsite
improvement
requirements up
to 20% of
additional
valuation based
on the adopted
ICC Building
Valuation Table.
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Ordinance No. __-21
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Single-family
and two-family
dwelling
Additions None required.
Change of Occupancy
Large (iii) Change of
occupancy
classification to
50% or more of
the building.
Off-site
Improvements
limited to the
greater of the
following:
-20% of the
remodel
valuation (iv)
-20% of the
change in the
building valuation
based on the
most current ICC
Building
Valuation Table.
Fee-in-lieu
available
pursuant to
POMC 20.202 (5).
Small (iii) Change of
occupancy
classification to
less than 50%
but greater than
10% of the
building.
Off-site
Improvements
limited to the
greater of the
following:
-10% of the
remodel
valuation (iv)
-10% of the
change in the
building valuation
based on the
most current ICC
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Ordinance No. __-21
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Building
Valuation Table.
Fee-in-lieu
available
pursuant to
POMC 20.202 (5).
Exempt Change of
Occupancy
classification to
10% or less of
the building.
No off-site
improvements
required.
Remodel/Alternations
Large (iii) Remodel
valuation 50% or
greater than ICC
building
valuation.
Off-site
Improvements up
to 20% of the
remodel
valuation. (iv)
Fee-in-lieu
available
pursuant to
POMC 20.202 (5).
Small (iii) Remodel
valuation less
than 50% but
greater than
10% of ICC
building
valuation.
Off-site
Improvements up
to 10% of the
remodel
valuation. (iv)
Fee-in-lieu
available
pursuant to
POMC 20.202 (5).
Exempt Remodel
valuation 10% or
less than ICC
building
valuation.
Or,
No off-site
improvements
required.
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Ordinance No. __-21
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Water or Fire
Damage repairs
that are valued
at less than 50%
of the ICC
building
valuation.
i. The director or designee may alter, lower, and impose additional requirements as
needed to protect health, safety, and general welfare of the public.
ii. Costs for utility construction or relocation may be included in the owner/developer’s
percentage of off-site improvements requirements.
iii. For campus sites, the director shall determine the required frontage improvements.
iv. The remodel valuation limit shall be defined as the estimated construction cost of the
project submitted by the contractor or owner at the time of building permit submittal as
a percentage of the most recent version of the International Code Council Building
Valuation Data. The estimate shall detail all major cost elements of the project. The
remodel valuation limit shall not apply to projects that have requirements imposed by
SEPA, CUP, or other conditioning document.
v. The project cost limits above shall not apply to projects which are eligible for a
transportation impact fee credit under POMC 20.182.
b. The following development standards and related off-site improvements shall apply
to all applicable project types listed in Table 20.202.
i. Alleys. When a lot adjoins an alley or street intersection, improvements shall also be
installed at the alley or street intersection. Alleys shall be installed to City of Port
Orchard Standards when any access to the site is provided from the alley.
ii. Off-site improvements are dependent on the project type and threshold listed in table
20.202 and shall require the development of cement concrete curb and gutter,
driveways, sidewalks, and curb ramps, paving, safety measures, other right-of-way
elements (streetlighting, landscape strip, etc.), and drainage of all dedicated streets
along the lot frontages, except, in cases where the topography or other conditions make
it impractical.
iii. Access to property. Driveway approaches shall be in accordance with the PWESS.
Public roads fronting the property shall be comprised of an all-weather surface or will
need to be paved to provide an all-weather surface.
iv. Where a site has existing improvements such as sidewalks, curbs, gutters, and paving,
these improvements shall be replaced if they are non-ADA compliant, broken, damaged,
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Ordinance No. __-21
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or hazardous. Pavement shall also be required to be replaced when it does not meet
the current standard pavement section for residential or arterial streets contained in the
PWESS.
(5) Fee in Lieu of. Upon approval of the director, a fee may be paid in lieu of
construction of the required off-site improvements. In addition, the director or
designee shall determine the eligibility of off-site improvements and fee in lieu amount.
The fees shall be paid at the time of permit issuance and deposited in the fee in lieu of
off-site improvements.
SECTION 15. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 16. 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 17. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 25th day of May 2021.
Robert Putaansuu, Mayor
ATTEST:
______
Brandy Rinearson, MMC, City Clerk
Page 20 of 36
Ordinance No. __-21
Page 18 of 18
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
EXHIBITS: 1. Downtown Subarea Plan
2. Amended City Zoning Map
3. Amended Land Use Element of the Comprehensive Plan
4. Amended POMC 20.39.040 (Use Table)
5. Amended POMC 20.127.130 (Community Design Framework Maps)
Page 21 of 36
1
ORDINANCE NO. ***-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A PLANNED ACTION FOR THE DOWNTOWN
SUBAREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY
ACT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State Environmental Policy Act (SEPA) and implementing rules provide for
the integration of environmental review with land use planning and project review through
designation of "Planned Actions" by jurisdictions planning under the Growth Management Act
(GMA); and
WHEREAS, the City of Port Orchard (“City”) has adopted a Comprehensive Plan complying
with the GMA; and
WHEREAS, in 2019, the State Legislature passed E2SHB 1923 creating RCW 36.70A.600
and providing for grant funding to jurisdictions taking specific actions to increase residential building
capacity; and
WHEREAS, the City received a grant from the Washington State Department of
Commerce under E2SHB 1923 to prepare a subarea plan and the development regulations as
described in this chapter (Contract C081-19); and
WHEREAS, the City previously had conducted planning for the Downtown Center and the
County Campus area; and
WHEREAS, this updated planning initiative combined both areas into a single area and
updated the comprehensive plan and land use code applicable to these areas consistent with Chapter
36.70A RCW; and
WHEREAS, on August 14, 2020, under RCW 43.21C.440, the City issued a SEPA
Determination of Significance (DS) for the Subarea Plan and updated regulations as a Planned Action
based on the likelihood that the proposals may have significant adverse environmental impacts, and
identified three alternative subarea proposals for analysis in an Environmental Impact Statement
(EIS), including a no-action alternative; and
WHEREAS, on April 26, 2021, the City issued a Final Environmental Impact Statement
(FEIS) for the Subarea Plan and updated regulations, which addressed issues of current land uses,
Page 22 of 36
2
development capacity, future development mix and location of densities and uses, transportation,
utilities, public facilities and amenities, cultural resources, and natural resources, and there have
been no appeals; and
WHEREAS, the FEIS adequately addresses the significant impacts of the updated Subarea
Plan and regulations; and
WHEREAS, on June 22, 2021, the City Council adopted the Downtown Subarea Plan, and
amendments to the City’s Comprehensive Plan and development regulations to implement the
Subarea Plan in conjunction with this Planned Action Ordinance; and
WHEREAS, in accordance with RCW 43.21C.440, the City desires to designate a Planned
Action for the Downtown Subarea Plan; and
WHEREAS, consistent with RCW 43.21C.440(1)(b)(i), the Planned Action is in conjunction
with a subarea plan adopted under Chapter 36.70A RCW and has had its significant impacts
adequately addressed by an EIS under the requirements of SEPA, Chapter 43.21C RCW; and
WHEREAS, this Planned Action is for the purpose of implementing development projects
in the subarea; and
WHEREAS, these projects will be located within the Urban Growth Area and will not
include essential public facilities; and
WHEREAS, designation of a Planned Action expedites the permitting process for
subsequent, implementing projects consistent with the Subarea Plan because those impacts have
been previously addressed in a planned action environmental impact statement, and thereby
adoption of this Planned Action Ordinance encourages desired growth, investment, and economic
development; and
WHEREAS, the Downtown Subarea Plan FEIS identifies impacts and mitigation measures
associated with planned development in City’s Downtown countywide center; and
WHEREAS, the City has adopted Comprehensive Plan amendments and development
regulations specific to the Downtown Subarea Plan which will guide the allocation, form, and quality of
desired development; and
WHEREAS, the City's SEPA Rules, set forth in POMC Chapter 20.160, provide for Planned
Actions within the City; and
WHEREAS, the City as lead agency provided public comment opportunities through an
Page 23 of 36
3
EIS scoping period from August 14 through September 4, 2020, and a public comment period for the
Draft Downtown Subarea Plan and Draft EIS from January 19 through February 18, 2021, and held public
meetings and hearings as part of a coordinated Downtown Subarea Plan public participation and
outreach program during 2020 and 2021; and
WHEREAS, the City held an EIS public scoping meeting on September 1, 2020, and
provided notice of the meeting on August 13, 2020, by mail to all businesses and property owners
located within the boundaries and within 1,000 feet outside of the boundaries of the area included in
the Downtown Subarea Plan, which exceeds the minimum notice requirements contained in RCW
43.21C.440; and
WHEREAS, the City provided notice of the September 1, 2020 EIS scoping meeting on
August 14, 2020, by emailing all affected federally recognized tribal governments and agencies with
jurisdiction over the future development anticipated for the planned action, in compliance with RCW
43.21C.440; and
WHEREAS, on May 4, 2021, the Planning Commission held a public hearing on the
Downtown Subarea Plan after due notice provided on April 15, 2021, to all parties of record and all
affected federally recognized tribal governments and agencies with jurisdiction over the future
development for the Subarea Plan; and
WHEREAS, on May 21, 2021 the City Council provided notification of a public hearing to
be held on May 25, 2021, by newspaper publication, publication on the City’s website and outreach on
social media channels; and
WHEREAS, the City Council held a public hearing on May 25, 2021, on the Downtown
Subarea Plan, and considered public comment; and
WHEREAS, the City provided notice of intent to adopt a Planned Action Ordinance for
the Final EIS on June 11, 2021 to all parties of record and all affected federally recognized tribal
governments and agencies with jurisdiction over the future development for the Downtown Subarea
Plan;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated
as if fully set forth herein.
Page 24 of 36
4
SECTION 2. Purpose. The City Council declares that the purpose of this ordinance
is to:
A. Designate the Downtown Countywide Center, as adopted in the Downtown
Subarea Plan (Appendix D) of the City’s Comprehensive Plan, as a Planned
Action Area for the purposes of environmental review and permitting of
subsequent, implementing projects pursuant to SEPA, RCW 43.21C.440;
B. Combine environmental analysis, land use plans, development regulations, City
codes and ordinances together with the mitigation measures in the Downtown
Subarea Plan EIS to mitigate environmental impacts and process planned
action development applications within the Planned Action Area;
C. Determine that the EIS prepared for the Downtown Subarea Plan meets the
requirements of a Planned Action EIS pursuant to SEPA;
D. Establish criteria and procedures, consistent with state law, that will determine
whether subsequent projects within the Planned Action Area qualify as
Planned Actions;
E. Provide the public with information about Planned Actions and how the City
will process implementing projects within the Planned Action Area;
F. Streamline and expedite the land use permit review process by relying on the
EIS completed for the Planned Action; and
G. Apply the City's development regulations together with the mitigation
measures described in the EIS and this Ordinance to address the impacts of
future development contemplated by this Ordinance.
SECTION 3. Findings. The City Council finds as follows:
A. The City is subject to the requirements of the GMA (RCW 36.70A), and is applying the
Planned Action to an Urban Growth Area (UGA); and
B. The City has adopted a Comprehensive Plan in compliance with the GMA, and has
amended the Comprehensive Plan to incorporate a subarea plan (Downtown Subarea
Plan - Appendix D) specific to the Downtown Countywide Center; and
C. The City is adopting development regulations concurrent with the Downtown Subarea
Plan to implement the Plan, including this ordinance; and
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5
D. An EIS has been prepared for the Planned Action Area, and the City Council finds that
the EIS adequately identifies and addresses the probable significant environmental
impacts associated with the type and amount of development planned to occur in the
designated Planned Action Area; and
E. The mitigation measures identified in the Downtown Subarea Plan EIS, incorporated
herein by reference, together with adopted City development regulations, will
adequately mitigate significant impacts from development within the Planned Action
Area; and
F. The Downtown Subarea Plan and Final EIS identify the location, type and amount of
development that is contemplated by the Planned Action; and
G. Future projects that are implemented consistent with the Planned Action will protect
the environment, benefit the public, and enhance economic development; and
H. The City provided several opportunities for meaningful public involvement in the
Downtown Subarea Plan and EIS, including a public scoping meeting prior to the
publication of notice for the planned action ordinance; have considered all comments
received; and, as appropriate, have modified the proposal or mitigation measures in
response to comments; and
I. Essential public facilities defined in RCW 47.06.140 are excluded from the Planned
Action and not eligible for review or permitting as Planned Actions unless they are
accessory to or part of a project that otherwise qualifies as a planned action; and
J. The Planned Action applies to a defined area that is smaller than the overall City
boundaries and smaller than the overall County designated UGA; and
K. Public services and facilities are adequate to serve the proposed Planned Action, with
implementation of Subarea Plan and mitigation measures identified in the EIS.
SECTION 4. Procedures and Criteria for Evaluating and Determining Planned
Action Projects within the Planned Action Area.
A. Planned Action Area. This Planned Action designation shall apply to the area shown in
Exhibit A, incorporated herein by reference.
B. Environmental Document. A Planned Action determination for a site-specific project
application within the Planned Action Area shall be based on the environmental analysis contained in
the Final EIS issued by the City on April 26, 2021. The mitigation measures contained in the findings of
Page 26 of 36
6
the Final EIS shall, along with adopted City regulations, provide the framework that the City will use
to apply appropriate conditions to qualifying Planned Action projects within the Planned Action Area.
C. Planned Action Designated. Land uses and activities described in the Final EIS, subject
to the thresholds described in Subsection 4(D) and the mitigation measures contained in the findings
of the final EIS, are designated Planned Actions or Planned Action Projects pursuant to RCW
43.21C.440. A development application for a site-specific Planned Action project located within
Planned Action Area shall be designated a Planned Action if it complies with the mitigation measures
contained in the findings of the final EIS and meets the criteria set forth in Subsection 4(D) of this
Ordinance and all other applicable laws, codes, development regulations and standards of the City
are met.
D. Planned Action Qualifications. The following thresholds shall be used to determine if a
site-specific development proposed within the Planned Action Area was contemplated as a Planned
Action and has had its environmental impacts evaluated in the Planned Action EIS:
(1) Qualifying Land Uses.
(a) Planned Action Categories: The following general categories/types of land uses
are defined in the Downtown Subarea Plan and are considered Planned Actions:
i. Single-family detached (including new manufactured homes).
ii. Designated manufactured home, manufactured or mobile home (except for
new designated manufactured home).
iii. Two-family.
iv. Single-family attached (2 units).
v. Single-family attached (3 or 4 units).
vi. Single-family attached (5-6 units).
vii. Multifamily (3 or 4 units).
viii. Multifamily (5 or more units).
ix. Public use (includes a community event center and county campus/courthouse
expansion as shown in the subarea plan).
x. Museum, library.
xi. Park, recreation field.
xii. Special Event Facilities (limited to the community event center described in the
subarea plan).
xiii. All overnight lodging.
xiv. Business Services.
xv. Conference Center (limited to the community event center described in the
subarea plan).
xvi. All Restaurants.
xvii. All retail establishments (not to exceed 50,000 square feet).
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7
xviii. Convenience Store without fuel pumps.
xix. Brewery (under 15,001 square feet).
(b) Planned Action Uses: A land use shall be considered a Planned Action Land Use
when:
i. it is located within the area shown in Exhibit A;
ii. it is one of the land uses included under Section 4(D)(1)(a) above;
iii. it is listed in development regulations applicable to the zoning
classifications applied to properties within the Planned Action Area.
iv. the application for development is submitted after the effective date of
this ordinance.
A Planned Action may be a single Planned Action use, or a combination of Planned Action
uses together in a mixed-use development. Planned Action uses include accessory uses.
(c) Public Services: The following public services, infrastructure, and utilities are
also Planned Actions: Multi-modal transportation improvements, water and sewer
improvements, and stormwater improvements, considered in capital plans associated
with the Downtown Subarea Plan.
i. Applicants for public services, infrastructure, and utility projects shall
demonstrate consistency with the Downtown Subarea Plan, Port Orchard
Shoreline Master Program, and POMC 20.162 (Critical Areas Regulations).
ii. Essential public facilities defined in RCW 47.06.140 are excluded from the
Planned Action and not eligible for review or permitting as Planned
Actions unless they are accessory to or are part of a project that
otherwise qualifies as a planned action.
(2) Development Thresholds:
(a) Land Use: The following amounts of various new (net increase in) land uses are
contemplated by the Planned Action:
i. 848,600 square feet of nonresidential uses. Under this category, the
following square footages are reserved for the following land uses:
a. Community events center – 24,000 square feet of gross indoor
floor area.
.b. Kitsap County Courthouse Campus – 580,000 square feet of gross
indoor floor area.
Page 28 of 36
8
ii. 1,288 units or 753,283 square feet gross of indoor floor area of
residential household living, whichever threshold is reached first.
Residential household living is defined in POMC 20.39.100.
iv. Public park and recreation facilities included in the City of Port Orchard
Comprehensive Plan.
(b) Further environmental review may be required pursuant to WAC 197-11- 172,
if any individual Planned Action or combination of Planned Actions exceed the
development thresholds specified in this Ordinance and/or alter the assumptions and
analysis in the Final EIS.
(3) Transportation Thresholds:
(a) Concurrency. All Planned Actions shall meet the transportation concurrency
requirements and the level of service (LOS) thresholds established in the Port Orchard
Comprehensive Plan. All applicants under this Planned Action shall submit a
transportation concurrency application that meets the requirements of POMC Chapter
20.180.
(b) Traffic Impact and Mitigation. The responsible City official shall require the
project to mitigate impacts consistent with the mitigation measures contained in the
findings of the final EIS.
(4) Elements of the Environment and Degree of lmpacts. A proposed project that would
result in a significant change in the type or degree of adverse impacts to any element(s) of the
environment analyzed in the Final EIS, would not qualify as a Planned Action.
(5) Changed Conditions. Should environmental conditions change significantly from those
analyzed in the Final EIS, the City's SEPA Responsible Official may determine that the Planned Action
designation is no longer applicable until supplemental environmental review is conducted.
(6) Substantive Authority. Pursuant to SEPA Substantive Authority as provided in POMC
20.60, impacts shall be mitigated through the measures included in the findings of the Final EIS.
E. Planned Action Review Criteria.
(1) The City's SEPA Responsible Official may designate as "planned actions", pursuant to
RCW 43.21C.030, applications that meet all of the following conditions:
(a) The proposal is located within the Planned Action area identified in
Exhibit A of this ordinance;
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9
(b) The proposed uses and activities are consistent with those described in the
Final EIS and Subsection 4(D) of this ordinance;
(c) The proposal is within the Planned Action thresholds and other criteria of
Subsection 4(D) of this ordinance;
(d) The proposal is consistent with the Port Orchard Comprehensive Plan and the
Downtown Subarea Plan;
(e) The proposal's significant adverse environmental impacts have been identified
in the Final EIS;
(f) The proposal's significant impacts have been mitigated by application of the
mitigation measures identified in the findings of the Final EIS, and other applicable
City regulations, together with any modifications or variances or special permits that
may be required;
(g) The proposal complies with all applicable local, state and/or federal laws and
regulations, and the SEPA Responsible Official determines that these constitute
adequate mitigation; and
(h) The proposal is not an essential public facility as defined by RCW
36.70A.200(1), unless the essential public facility is accessory to or part of a
development that is designated as a planned action under this ordinance.
(2) The City shall base its decision on review of a SEPA checklist or an alternative form
prepared by the City for use in this Planned Action area pursuant to state law, the mitigation
measures in the findings of the Final EIS, and review of the application and supporting
documentation.
(3) A proposal that meets the criteria of this section shall be considered to qualify and be
designated as a planned action, consistent with the requirements of RCW 43.21C.030, WAC 197-11-
164 et seq., and this ordinance.
F. Effect of Planned Action.
(1) Designation as a Planned Action Project by the SEPA Responsible Official means that a
qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent
with the development parameters and thresholds established herein, and with the environmental
analysis contained in the Planned Action EIS.
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(2) Upon determination by the City's SEPA Responsible Official that the proposal meets
the criteria of Subsections 4(D) and (E) and qualifies as a planned action, the proposal shall not
require a SEPA threshold determination, preparation of an EIS, or be subject to further review
pursuant to SEPA.
G. Planned Action Permit Process. Applications for planned actions shall be reviewed
pursuant to the following process:
(1) Development applications shall meet all applicable requirements of the Port Orchard
Municipal Code (POMC). Applications for planned actions shall be made on forms provided by the
City and shall include a SEPA checklist.
(2) The City's SEPA Responsible Official shall determine whether the application is
complete, as provided in POMC Chapter 20.24.
(3) If the application is for a project within the Planned Action Area defined in Exhibit A,
the application will be reviewed to determine if it is consistent with the criteria of this ordinance and
thereby qualifies as a Planned Action project.
(4) SEPA Decision.
(a) The decision of the City's SEPA Responsible Official regarding qualification of a
project as a Planned Action will be the same decision type as the underlying permit for which the
Planned Action is evaluated. The SEPA Responsible Official shall notify the applicant of his/her
decision. Notice of the determination on decisions involving a planned action shall also be mailed or
otherwise verifiably delivered to federally recognized tribal governments and to agencies with
jurisdiction over the planned action project, pursuant to RCW 43.21C.440.
(b) If the project is determined to qualify as a Planned Action, it shall proceed in
accordance with the applicable permit review procedures specified in POMC Chapter 20.22, except
that no SEPA threshold determination, EIS or additional SEPA review shall be required.
(c) Notice of the application for a planned action project shall be consistent with
Chapter 20.22 POMC.
(5) If notice is otherwise required for the underlying permit, the notice shall state that the
project has qualified as a Planned Action. If notice is not otherwise required for the underlying
permit, no special notice is required by this ordinance. See Subsection 4(G)(3)(a) regarding notice of
the Type 1 decision.
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11
(6) To provide additional certainty about applicable requirements, the City or the
applicant may request consideration and execution of a development agreement for a Planned
Action project, consistent with RCW 36.70B.170 et seq and Chapter 20.26 POMC.
(7) If a project is determined to not qualify as a Planned Action, the SEPA Responsible
Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's
SEPA regulations and the requirements of state law. The notice shall describe the elements of the
application that result in failure to qualify as a Planned Action.
(8) Projects that fail to qualify as Planned Actions may incorporate or otherwise use
relevant elements of the Final EIS, as well as other relevant SEPA documents, to meet their SEPA
requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non-
qualifying project to those issues and environmental impacts not previously addressed in the Final
EIS.
SECTION 5. Monitoring and Review.
A. The City should monitor the progress of development in the designated Planned
Action area as deemed appropriate to ensure that it is consistent with the assumptions of this
Ordinance and the Final EIS regarding the type and amount of development and associated impacts,
and with the mitigation measures and improvements planned for the Planned Action Area.
B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official no
later than eight years from its effective date. The review shall determine the continuing relevance of
the Planned Action assumptions and findings with respect to environmental conditions in the
Planned Action area, the impacts of development, and required mitigation measures. Based upon
this review, the City may propose amendments to this ordinance and/or may supplement or revise
the Final EIS.
C. The ability to utilize the Planned Action process for development under this Ordinance
shall terminate on April 26, 2031, unless extended following the review in subsection B above. For
purposes of utilizing the planned action process, submittal of a complete permit application (deemed
complete under POMC 20.24) of the following types prior to the termination date shall be considered
a Planned Action for the life of the permit:
1. Conditional Use Permit (POMC 20.50)
2. Building Permits (includes Residential, Commercial, Plumbing & Mechanical,
Demolition) (POMC Title 20, Subtitle X)
3. Shoreline Substantial Development Permit (POMC 20.164)
4. Shoreline Conditional Use Permit (POMC 20.164)
5. Shoreline Variance (POMC 20.164)
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12
6. Variances (POMC 20.28)
7. Land Disturbing Activity Permit (POMC 20.140 and POMC 20.150.100)
8. Stormwater Drainage Permit (POMC 20.150)
9. Preliminary Plat (POMC 20.88)
10. Short Plat (POMC 20.86)
11. Binding Site Plan (POMC 20.94)
12. Street Excavation Permit (POMC 12.04)
13. Street Use Permit (POMC 12.24)
14. Final Plat (POMC 20.90)
15. Development Agreement (POMC 20.26)
16. Right of Way Permit (POMC 12.04)
SECTION 6. Conflict. In the event of a conflict between this Ordinance or any
mitigation measures imposed thereto, and any Ordinance or regulation of the City, the provisions of this
Ordinance shall control, except that the provisions of the City’s critical areas code, shoreline master
program or any International Building Code shall supersede.
SECTION 7. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance, including but
not limited to the correction of scrivener’s/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 8. 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 9. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by
the City Clerk in authentication of such passage this 22nd day of June 2021.
____
Robert Putaansuu, Mayor
Page 33 of 36
13
ATTEST:
___
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
___________________________
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
EXHIBIT A: Map of Planned Action Area
Page 34 of 36
14
EXHIBIT A
Page 35 of 36
City of Port Orchard
Date
Submitted Permit Number Permit Type Description Site Address Applicant Project Name
05/05/2021 21-271 Commercial Plumbing Only 2472 BETHEL AVE RATHKE MECHANICAL PLUMBING FOR COMFORT DENTAL
05/06/2021 21-273 Commercial Tenant Improvement 425 MITCHELL AVE WJA DESIGN COLLABORATIVE ADA REMODEL PHASE 2
05/11/2021 21-290 Commercial Re-Roof, Repairs 701 KENDALL ST ROYAL CONSTRUCTION GROUP LLC REROOF BUILDING
05/13/2021 21-294 Commercial Tenant Improvement 1415 LUMSDEN RD DISNEY & ASSOCIATES INC ADD THREE GARAGE DOORS
05/13/2021 21-296 Sign building permit 1415 LUMSDEN RD DISNEY & ASSOCIATES INC NEW MONUMENT SIGN
05/14/2021 21-297 Commercial Deck remodel or adding new 537 DEKALB ST MARTIN SMITH SUANNE ADD DECK TO COURTYARD
05/14/2021 21-299 Sign building permit 1350 BAY ST HEATH NORTHWEST SIGN CHANGE OUT FOR ROCKET
05/18/2021 21-309 Commercial or Non-Residential Accessory Building, detached 4999 SIDNEY RD SW TARRAGON L.L.C.3-SEASONS ROOM @ SIDNEY ROAD APARTMENTS CLUBHOUSE
05/18/2021 21-310 Detached garage or carport for multi-family, condo or commercial development WEST OF 4909 SIDNEY RD SW TARRAGON L.L.C.GARAGE G1/G2 @ SIDNEY ROAD APARTMENTS
05/18/2021 21-311 Detached garage or carport for multi-family, condo or commercial development NORTH OF 4959 SIDNEY RD SW TARRAGON L.L.C.GARAGE G3 @ SIDNEY ROAD APARTMENTS
05/18/2021 21-312 Commercial or Non-Residential Accessory Building, detached WEST OF 4969 SIDNEY RD SW TARRAGON L.L.C.MAIL KIOSK @ SIDNEY ROAD APARTMENTS
05/18/2021 21-313 Commercial or Non-Residential Accessory Building, detached EAST OF 4969 SIDNEY RD SW TARRAGON L.L.C.TRASH COMPACTOR ENCLOSURE @ SIDNEY ROAD APARTMENTS
05/18/2021 21-314 Commercial or Non-Residential Accessory Building, detached NORTH OF 4979 SIDNEY RD SW TARRAGON L.L.C.PICNIC SHELTER & MAINTENANCE SHED @ SIDNEY ROAD
APARTMENTS
05/24/2021 21-327 Commercial Cell Towers and Antennas 2013 SE SYLVIS LN SBA COMMUNICATIONS CORPORATION CABINET REPLACEMENT
05/25/2021 21-328 Commercial Re-Roof, Repairs 2591 SE MILE HILL DR PORT ORCHARD ROOFING LLP REROOF PORT ORCHARD PUB
05/25/2021 21-331 Commercial Mechanical Only 1341 BAY ST, SUITE 110 AIR MANAGEMENT SOLUTIONS NEW DUCT WORK FOR KITSAP MENTAL HEALTH C-TI
05/26/2021 21-336 Commercial Plumbing Only 220 BRAVO TER DS PLUMBING INC PLUMBING CHANGES FOR TENANT IMPROVEMENT
05/27/2021 21-339 Commercial Mechanical Only 2472 BETHEL AVE ALLIED CLINIC BUILDERS LLC MECHANICAL FOR COMFORT DENTAL C-TI
05/07/2021 PW21-023 Major Land Disturbing Activity Permit (Type II)1653 PAYSENO LN SE BURK DAVE & TAMMY PAYSENO APARTMENTS PH 2 LDAP
05/10/2021 PW21-025 Minor Land Disturbing Activity Permit (Type I)233 BRAVO TER MAGELLAN ARCHITECTS McDONALD'S DRIVE-THRU REMODEL LDAP
05/10/2021 PW21-027 Major Land Disturbing Activity Permit (Type II)SOUTH OF SW OLD CLIFTON RD MCCORMICK COMMUNITIES LLC McCORMICK WEST DIVISIONS 11 & 12 SITE DEVELOPMENT LDAP
05/03/2021 21-268 Tenant Certificate of Occupancy 1700 SE MILE HILL DR, SUITE 149 NICHOLS TIMOTHY CRAZY FOR COINS, COMICS AND COLLECTIBLES, LLC C OF O
05/04/2021 21-269 Tenant Certificate of Occupancy 2501 SE MILE HILL DR, SUITE 201 MOORE RAVEN STATELY RAVEN PLLC C OF O
05/06/2021 LU21-TAX EXEMPTION-
01 Tax Exemption for Multi-family Development 1601 PLISKO LN DISNEY & ASSOCIATES INC PLISKO LN APARTMENTS
05/07/2021 21-280 Tenant Certificate of Occupancy 1700 SE MILE HILL DR, SUITE 142 DAVIS DANA JEAN DANA'S POUR EXPRESSIONS C OF O
05/10/2021 21-286 Business ownership or name change 429 SW SEDGWICK RD PISORS LUKE BURGER KING #16837 CHANGE OF OWNERSHIP
05/10/2021 LU21-REZONE-01 Site-Specific Rezone without a Comprehensive Plan Map Amendment **NO SITUS ADDRESS **TUCALUPESI REAL ESTATE LLC TUCALUPESI OFFICE & SHOP FOR NWS
05/18/2021 LU21-MASTER SIGN
PLAN-01 Master Sign Plan Permit 280 TREMONT PL W KAUL DESIGN ARCHITECTURE PORT ORCHARD CHEVRON
05/21/2021 LU21-BLA-05 Boundary Line Adjustment 1120 BETHEL AVE SEASWIRL III LLC SEASWIRL BLA AT BETHEL AVE
05/28/2021 21-346 Tenant Certificate of Occupancy 839 BAY ST BECKHAM IRENE IRENE'S PHOTO & DESIGN C OF O
05/13/2021 21-295 Zoning code compliance for signage 1415 LUMSDEN RD DISNEY & ASSOCIATES INC NEW MONUMENT SIGN
05/13/2021 LU21-SH EXEMPT-09 Shoreline Exemption 1215 BAY ST ASPECT CONSULTING, LLC PORT ORCHARD FORD
05/14/2021 21-298 Zoning code compliance for signage 1350 BAY ST HEATH NORTHWEST SIGN CHANGE OUT FOR ROCKET
05/14/2021 21-300 Business ownership or name change 2601 SE MILE HILL DR PARK KENNETH CHANGE OF OWNERSHIP - LUCKY ONE TOBACCO
05/17/2021 21-306 Tenant Certificate of Occupancy 2591 SE MILE HILL DR, SUDIO 2 URBANO THERESA PORT ORCHARD JAZZERCISE C OF O
05/18/2021 21-308 Tenant Certificate of Occupancy 1618 BAY ST TRINKA MORGAN LASHES BY MORGAN C OF O
Monthly Permit Applications
May 2021
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