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09/21/2021 - Work Study - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosa pepe Utilities/Sewer Advisory Committee Land Use Committee, Chair Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee Transportation Committee 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 Matt Brown Police Chief Brandy Rinearson, MIMIC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Work Study Session September 21, 2021 6:30 p.m. The City is conducting its public meetings remotely to prevent the spread of COVID. The City is providing options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the same time. Therefore; Remote access only Zoom Meeting ID: https://us02web.zoom.us/i/87966962693 Webinar ID: 879 6696 2693 Zoom Call -In: 1 253 215 8782 CALL TO ORDER Pledge of Allegiance 1. Presentation: Update on Design of South Kitsap Community Events Center (Rice Fergus Miller) Page 2 Estimated Time: 25 minutes EXECUTIVE SESSION City Council WILL hold a 10-minute executive session, pursuant to RCW 42.30.110(1)(i) to discuss with legal counsel risks of a proposed action when public discussion may have adverse financial or legal consequences for the agency. 2. POMC Title 20 Amendments -Legislative Housing Requirements (Bond) Page 9 Estimated Time: 25 minutes 3. POMC Title 20-Amendments for Congregate Living Land Use (Bond) Page 24 Estimated Time: 15 minutes Good of the Order 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.citvofportorchard.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. Back to Agenda City of Port Orchard Work Study Session Executive Summary Issue Title: Presentation — Update on Design of South Kitsap Community Events Center Meeting Date: September 21, 2021 Time Required: 25 minutes Attendees: Nick Bond, DCD Director Action Requested at this Meeting: Review the presentation and draft concept plans and site design, and provide feedback to DCD staff and Rice Fergus Miller. Issue: Rice Fergus Miller (RFM), the architectural firm contracted by the City to develop a design for the South Kitsap Community Events Center (SKCEC), will make a presentation on the second draft concept plans for the SKCEC's interior and exterior building design, and the overall site design. Relationship to the Comprehensive Plan: The following goals and policies in the City's Comprehensive Plan are relevant to the SKCEC: Policy PK-17: A community recreation center should be encouraged. Policy PK-20: Coordinate with other governmental entities and civic organizations to provide new facilities to the public. Policy PK-27: Public access to the water is required for new municipal development, unless such access is shown to be incompatible due to reasons of safety, security or impact to the shoreline environment ... Policy PK-28: Viewing decks and similar pedestrian -oriented structures are needed and should be constructed in the urban waterfront area. Policy CF-2: The City should consider development of multi -use facilities that can serve more than one public need. The City should coordinate with other jurisdictions and agencies that also provide public facilities, such as Kitsap County, Kitsap Transit and the Port of Bremerton, to encourage cooperative planning of future facilities and reduce redundancy.... Recommendations: Provide feedback to DCD staff and RFM's consultants on the current draft concept plans and site design. Attachments: PowerPoint Presentation by Rice Fergus Miller Page 2 of 45 Back to Agenda SOUTH KITSAP COMMUNITY EVENTS CENTER SCHEMATIC DESIGN SEPTEM BER 21, 2021 HARD� KITSAP REGIONAL 11�■ ■ Li brary Ric er uS1 iLLER ARCHITECTURE INTERIORS PLANNING VIZLAB Page 3 of 45 Back to Agenda COVERED (2ND FLOOR & DECK ABOVE) OUTDOORSPACE 1000SF UP TO 60 PEOPLE lillill L _L71 IIII II IIIIIIIIII I1L OFFICE STAFF 120 SF WORKROOM 661 SF OFFICE 119 SF OFFICE 254 SF ECDL � BREAK 220 SF w ` w STORAGE 69 SF COVERED KIDS OUTDOORSPACE 4,20 40SF UP PEOPLE 01 KIDS OUTDOOR SPACE ■ COVERED (DECK ABOVE) OUTDOORSPACE 2600SF UP TO 130 PEOPLE ■ �00 DUO j0 PERIODICALS 233 SF D uo k Cl 0 I TWEENS TECH CIRC. 380 SF 705 SF 192SF o 0 ■Li Li U u Li Li �0 w ~ o0 00 00 00 00 00 z W SORTING oa o0 00 00 oa o0 JAN ADS RR STAFF RR 43 SF \ 754C �58 Snn �0 -� PRINT PRINT SC SERVICE CORR 111111111. IllillllllllllllllllllllllllllllllllIIH701111111 L =UP IIIIIIIIIIIIIIII TRASH '-i-i-'��___ _Lt__'_LL'J STAX2 EL 2 I _T 7- 1 _T _F 1 88 F 244 05 S 11�4MIII f LEGEND COMMON SPACES EVENT SPACES OUTDOOR COVERED SPACES KIDS CD 503 SF 0 0 <D C�o 0 \ � w KIDS MEZZ �� o Y -ENERAL COLLECTIONS I7 511 SF FI HOLDS 49 SF ------- ------- �i� z z w TEENS ELEV MACH / �I� N 400 SF LG MECH 0 200 SF DATA � I00 L-1 00 00 SLIDING DOUR 186 SF WALK-UP WINDOW WALK-UP WINDOW TEENS TOUiDR � � I COVERED TEENS OUTDOOR SPACE 250 SF UP TO 12 PEOPLE GENERAL COLLECTIONS 352 SF ■ ASSIS' 00 291 SF SC SC o SC ■ COVERED (HIGH ROOF) OUTDOORSPACE 1150SF UP TO 70 PEOPLE ■ ADULT COLLECTIONS LIBRARY 538 SF FLEX SPACE 772 SF TALL BUILT-IN BOOK SHELVES = PROGRAM n n n _ STORAGE 71 SF I ■ J SHARED RESTROOMS 419SF �-� I I _ Lei F_ �o� �o�l STORAGE LL �- u� � ��1111111111111111111111 11111111111 1066 ;iF `` NN ` VEST EVENT RECEPTION FRIENDS ,���� 160 SF BOOK SALES AN� 42 SF COVERED (2ND FLOOR ABOVE) OUTDOOR SPACE 230 SF UP TO 12 PEOPLE - - T i I� T 1111111� IIIIIIII III II IIIIII UP - Ilf 1 1 I I I I I FRIENDS = IIIIII 3 STORAGE UP 2 SF 196 SF 0 5 10 15 20 FT v ■ — MAIN _ 1111111111111111! ENTRY = illllllll UP ;-MENFil10, = ENTRY ■ COVERED (HIGH ROOF) OUTDOOR SPACE 900 SF UP TO 60 PEOPLE OOR PLAN - LEVEL 1 SCHEMATIC DESIGN I SKCEC I SEPTEMBER 21, 2021 Page 4 of 45 RIC(ergZI,SMILLER J SHARED RESTROOMS 419SF �-� I I _ Lei F_ �o� �o�l STORAGE LL �- u� � ��1111111111111111111111 11111111111 1066 ;iF `` NN ` VEST EVENT RECEPTION FRIENDS ,���� 160 SF BOOK SALES AN� 42 SF COVERED (2ND FLOOR ABOVE) OUTDOOR SPACE 230 SF UP TO 12 PEOPLE - - T i I� T 1111111� IIIIIIII III II IIIIII UP - Ilf 1 1 I I I I I FRIENDS = IIIIII 3 STORAGE UP 2 SF 196 SF 0 5 10 15 20 FT v ■ — MAIN _ 1111111111111111! ENTRY = illllllll UP ;-MENFil10, = ENTRY ■ COVERED (HIGH ROOF) OUTDOOR SPACE 900 SF UP TO 60 PEOPLE OOR PLAN - LEVEL 1 SCHEMATIC DESIGN I SKCEC I SEPTEMBER 21, 2021 Page 4 of 45 RIC(ergZI,SMILLER UNCOVERED COVERED UP FROM LEVEL 1 LEGEND COMMON SPACES CAPACITY LIBRARY EVENT SPACES OUTDOOR COVERED SPACES 4TO6 CAPACITY CAPACITY 4TO6 OUTDOOR DECK UP TO 50 PEOPLE CAPACITY 8 TO 14 CAPACITY 4TO6 OUTDOOR DECK 2460 SF UP TO 160 PEOPLE CAPACITY CONFERENCE 14 ROUNDS 24 CLASSROOM 30 UP TO 100 PEOPLE 5 10 15 20 FT (Zl -y OOR PLAN - LEVEL /*. SCHEMATIC DESIGN I SKCEC I SEPTEMBER 21, 2021 Page 5 of 45 RIC(ergZI,SMILLER Back to Agenda -­r--- VIEW FROM ORCHARD STREET - MAIN ENTRY SCHEMATIC DESIGN I SKCEC I SEPTEMBER 21, 2021 Page 6 of 45 RIC(ergZI,SMILLER mw_ 11,10,10,11� sop- Wo.womm W-.womilm ID un :�-Jw .�W� woolo swmw�. A W--.Om Ric�erg; r7,' i ma-4 ■� Vic. �• N L 1 � j 'L, M 0 0 04M 19 ORTA 0 61, [01 Lla I MM ViTiMol RTMITIN 12 L CI1 I bIeIeI:a 9 � a rM - a f � f mM6-dk llmk�-- AL It ALI fIN lwli�- SAL- 41, y F i ILLER r J+ da r a� . � It. - - i . KBE` ' •�+ , l + - ' Y� i` D Back to Agenda City of Port Orchard Work Study Session Executive Summary Issue Title: POMC Title 20 Amendments — Legislative Housing Requirements Meeting Date: September 21, 2021 Time Required: 25 minutes Attendees: Nick Bond, DCD Director Action Requested at this Meeting: Review proposed amendments to POMC 20.12 and POMC 20.39.040 to address statutory requirements for indoor emergency shelters, indoor emergency housing, permanent supportive housing and transitional housing, and provide feedback to DCD staff. Consider whether additional restrictions per RCW 35A.21.430 should be placed on any or all of these uses, and/or whether a requirement to obtain a conditional use permit should be expanded to all of these uses. Issue: Recently, City staff became aware of actions taken by the State Legislature in 2019 and 2021 that have been incorporated into state law, which affect the City's ability to regulate the definitions and location of certain types of shelters, transitory housing and supportive housing (see Attachment 5). The City Attorney has addressed all of these requirements in one ordinance that amends POMC Chapter 20.12 (Definitions) and Chapter 20.39.040 (Use Table). RCW 35A.21.430, adopted in 2019, states that cities shall not prohibit permanent supportive housing in zones where multifamily housing is permitted. The 2021 Legislature amended RCW 35A.21.430 to add that cities shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Additionally, this amendment provides that cities shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit (for Port Orchard, the entire city except for the McCormick Woods area is within one mile of a Kitsap Transit route — see Attachment 4 map). Definitions for all of these shelter and housing types are already in state law, and the definitions proposed for POMC 20.12 have been taken from these sources, as provided below. The City Attorney does not recommend that the City attempt to modify these definitions. Indoor Emergency Housing: Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Indoor emergency housing may or may not require occupants to enter into a lease or occupancy agreement. [RCW 36.70A.030(9)] Page 9 of 45 Back to Agenda Executive 3uiiiiiidiy c Page 2 of 3 Indoor Emergency Shelter: A facility that provides a temporary indoor shelter for individuals or families who are currently homeless. An indoor emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Indoor emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. [RCW 36.70A.030(10] Permanent Supportive Housing: Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or 24 off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. [RCW 36.70A.030(19)] Transitional Housing: A facility that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. [RCW 84.36.043(2)(c)] The Land Use Committee considered these RCW 35A.21.430 requirements at its July 2021 meeting, and requested that staff work with the City Attorney to prepare an ordinance that would amend POMC Chapter 20.12 (Definitions) and Chapter 20.39.040 (Use Table) to bring City code into compliance with state law. The Committee has proposed the following changes to the Use Table (see Attachment 3): • Allow Indoor Emergency Housing and Indoor Emergency Shelter as conditional uses in the Neighborhood Mixed Use, Commercial Mixed Use, Downtown Mixed Use, Commercial Corridor, and Commercial Heavy zones. (These are the zones in which the City currently allows hotels.) • Designate Permanent Supportive Housing as a permitted use in all of the City's residential, mixed -use and commercial zones. (These are the zones in which the City currently allows residential dwelling units and hotels.) • Designate Transitional Housing as a conditional use in all of the City's residential and mixed - use zones, and as a permitted use in the commercial zones. (These are the zones in which the City currently allows residential dwelling units and hotels.) It should be noted that RCW 35A.21.430 (Attachment 5) provides that "reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety." Although the Land Use Committee could have recommended additional code revisions regarding such requirements, it decided not to do so. The Planning Commission reviewed the proposed code amendments at its September 7, 2021 meeting, and although the Commission voted to recommend approval of the code amendments as presented, the vote was Page 10 of 45 Back to Agenda Executive 3uiiiiiidiy c Page 3 of 3 not unanimous. One Planning Commissioner, who voted against the recommended approval, felt that additional review should have been undertaken, particularly with regard to whether permanent supportive housing should have been a conditional use and whether additional restrictions were appropriate for these types of land uses. DCD staff are seeking advisement from City Council on whether any changes of these types should be made to the proposed code amendments. Relationship to the Comprehensive Plan: N/A Alternatives: Do not adopt amendments to POMC 20.12 and POMC 20.39.040; however, the requirements of RCW 35A.21.430 will still apply, and the City must comply with them or be subject to potential legal consequences. Alternatively, revise the proposed amendments to POMC 20.12 and POMC 20.39.040. Recommendations: Staff recommends that the City Council review the proposed amendments to POMC 20.12 and POMC 20.39.040, and advise staff on whether additional revisions consistent with RCW 35A.21.430 should be made in a final ordinance. Attachments: 1. Ordinance 2. POMC 20.12 — New Definitions 3. POMC 20.39.40 — Land Use Table — Amendments 4. Map — One Mile Buffer from Kitsap Transit Routes in City 5. RCW 35A.21.430 6. POMC 20.50 — Conditional Use Permits Page 11 of 45 Back to Agenda ORDINANCE NO. ***-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.12 (DEFINITIONS) AND CHAPTER 20.39 (USE PROVISIONS) OF THE PORT ORCHARD MUNICIPAL CODE REGARDING EMERGENCY HOUSING AND SHELTERS, PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's land use, zoning, and permitting regulations; and WHEREAS, RCW 35A.21 states that a code city may not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and WHEREAS, in the 2021 legislative session, the Legislature passed Engrossed Second Substitute House Bill (ESSHB) 1220 which amended portion of the Growth Management Act (Ch. 36.70A RCW) and Chapter 35A.21 RCW; and WHEREAS, ESSHB 1220 made changes to RCW 35A.21 which took effect on September 30, 2021, mandating that code cities shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit; and WHEREAS, in order to comply with ESSHB 1220, the City Council desires to amend POMC Chapter 20.12 (Definitions) and POMC Chapter 20.39 (Use Provisions) in order to add definitions for Emergency Housing, Emergency Shelter, Permanent Supportive Housing, and Transitional Housing to the City's unified land use and development code, and establish the zones in which such uses are permitted or conditionally permitted, in accordance with the requirements of RCW 35A.21; and WHEREAS, the proposed amendments to POMC Chapter 20.12 and Chapter 20.39 were reviewed by the City Council's Land Use Committee on July 1, 2021; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day Pagell2 of 45 Back to Agenda expedited review on July 22, 2021; and WHEREAS, on July 28, 2021, the City's SEPA official issued a determination of nonsignificance for the proposed amendments, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, on August 24, 2021, the City issued a Notice of Public Hearing for the proposed amendments to POMC Chapter 20.12 and Chapter 20.39, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on September 7, 2021, and recommended its adoption by the City Council; 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, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; 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. SECTION 2. POMC 20.12 Definitions — New Definitions Added. The following new definitions are added to Port Orchard Municipal Code Section 20.12.010: "Indoor Emergency Housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Indoor emergency housing may or may not require occupants to enter into a lease or occupancy agreement. "Indoor Emergency Shelter" means a facility that provides a temporary indoor shelter for individuals or families who are currently homeless. An indoor emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Indoor emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. "Permanent Supportive Housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and Paged 3 of 45 Back to Agenda personal behaviors. Permanent supportive housing is paired with on -site or 24 off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. "Transitional Housing" means a facility that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. SECTION 3. POW 20.39 Use Provisions —Additions. The following uses are hereby added to the Residential Uses section in POMC 20.39.040 (Use Table): Defini tion /standa Use Category Specific Use 111 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF rds Residential Uses Indoor Emergency Housing -- - - - -- -- -- -- C C C - - C C - - - - - - Indoor Emergency Shelter - - - - -- -- -- -- C C C - - C C -- -- -- -- -- -- Permanent Supportive C C P P P P P P P P P P P P P -- -- -- -- -- -- Housing Transitional Housing C C C C C C C C C C C C C P P - - - - - - SECTION 4. Conflict. In the event of a conflict between this Ordinance, 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 S. 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 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 published in the official newspaper of the city and shall take full force and effect five (5) days after the date of Pagel 4 of 45 Back to Agenda 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 28' day of September, 2021. ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Robert Putaansuu, Mayor Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Council Member PUBLISHED: EFFECTIVE DATE: Page4 5 of 45 Back to Agenda Proposed New Definitions in City Zoning Code POMC Chapter 20.12: Indoor Emergency Housing: Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Indoor emergency housing may or may not require occupants to enter into a lease or occupancy agreement. [RCW 36.70A.030(9)] Indoor Emergencv Shelter: A facilitv that provides a temporary indoor shelter for individuals or families who are currently homeless. An indoor emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Indoor emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. [RCW 36.70A.030(10] Permanent Supportive Housing: Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or 24 off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. [RCW 36.70A.030(19)] Transitional Housing: A facility that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. [RCW 84.36.043(2)(c)] Page 16 of 45 Back to Agenda Page 17 of 45 Back to Agenda POMC 20.39.040 (Use Table)- Residential Uses Section Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI Cl PR PF Definition/Standards Residential Uses All household living, as listed below: Single-family detached (including new manufactured homes) P P P - - P P P - - - P - - - - - 20.39.600 - 615 Designated manufactured home, manufactured or mobile home (except for new designated manufactured homes) - P -- -- -- -- - - - - - - - - - - - 20.39.600 - 615 New designated manufactured home P P P - - P P P P - - - P - - - - - - - - Two-family - P P - - P - P P - - - P - - - - - - - - 20.39.600 - 615 Single-family attached (2 units) - P P - - P - P P - - - P - - - - - - - - 20.39.600 - 615 Single-family attached (3 or 4 units) P P P P P - P P P P P P P - P- ---- 20.39.600 - 615 Single-family attached (5 or 6 units) - - P P P P - P P P P P P P - P - - - - - 20.39.600 - 615 Multifamily (3 or 4 units) - - P P P - - P P P P P P P - P - - - - - 20.39.600 - 615 Multifamily (5 or more units) - P P P - - P P P P P P P - P - - - - 20.39.600 - 615 Manufactured or mobile home park - - - - - - - - - - - - - - - - - 20.39.600 - 615 Boarding house - - C C - - - C - - P C - - - - - - - Congregate living facilities -- C C C - - - C P C - - - - - Lodging house - C C C - - - C P C - - - Group home (up to 8 residents), except as follows: P P P P P P P P P - - P - - - 20.39.600 - 615 Adult family home P P P - - P P P P - - - P - - - - All group living (9 or more residents) - - C C - - P C P C - P P - - - - - - 20.39.610 Social services facilities - - - - - - - - - - P P P P P - - - 20.39.615 Page 18 of 45 Back to Agenda Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Indoor Emergency Housing C C C C C Indoor Emergency Shelter Permanent Supportive Housing Transitional Housing P C P C P C P C P C P C P C P C C P C C P C C P C P C P C C P P C P P Secured high risk social services facilities -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- -- -- -- Page 19 of 45 14/ LIL I I / � y 1� ♦ I � �ml !mmn� n= 1 .�also * �In� el■n °i ' �%I `♦` 1��, ■III ■■11■. ■��I Six PIONEER!I + • 1■11! 11�! ■�I �111111 11111 ' ■ ■: —� ��� �; �� �,I,� _ill 1111: .It �1111� G d�/s �: �: ■■■ �� � �� A�Q '���/�' "®11 � 111111 ' 11 DID � � � � �►���� 1 111■i / mIC CIIIIII ��r, ME r■r■■r7e ♦ r.one r.■.r■ now ;� �10 r !Tom., .i -,0,_ li- 11 i'/�/% ■_� ■tl� p 00r / �i, %/. ma's:',+ - - '% 0, j,now 01 rY OF PORT ORCHARD DNE MILE BUFFER 'SAP TRANSIT ROUTF.c RCW 35A.21.430 Back to Agenda Transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters. A code city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). [2021 c254§3.] Page 21 of 45 Back to Agenda POW Chapter 20.50 Conditional Use Permits 20.50.050 Criteria for approval. (1) Hearing Examiner Findings. The hearing examiner shall not grant a conditional use permit unless the hearing examiner finds that the request meets all of the following criteria and the hearing examiner makes written findings to that effect: (a) That the conditional use is consistent with the objectives of the zoning code and the purpose of the zoning district in which the subject site/property is located; (b) Granting the conditional use will not have a substantively greater adverse effect on the health, safety or welfare of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the zone. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes, and vibration; (c) The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan; (d) The proposal complies with all requirements of this title; (e) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities; and (f) Existing conditions of approval required as part of a prior land division or permit shall be met. (2) Conditions of Approval. The hearing examiner may impose specific conditions upon the use, including increasing the standards of this title, which are found necessary to find that the required approval criteria in this section have been met. Possible conditions on use include, but are not limited to: (a) Limiting the hours, days, place and/or manner of operation; (b) Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust; (c) Requiring larger setback areas, lot area, and/or lot depth or width; (d) Limiting the building or structure height, size or lot coverage, and/or location on the site; (e) Designating the size, number, location and/or design of vehicle access points or parking areas; Page 22 of 45 Back to Agenda (f) Requiring street right-of-way to be dedicated to the public and street(s), sidewalks, bicycle facilities, curbs, planting strips, pathways or trails to be improved; (g) Requiring landscaping, screening, drainage, water quality features and/or improvement of parking and loading areas; (h) Limiting the number, size, location, height and/or lighting of signs; (i) Limiting or setting standards for the location, design and/or intensity of outdoor lighting; Q) Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; (k) Requiring and designating the size, height, location and/or materials for fences; and (1) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands. (3) Denial. The director may recommend conditioning or denial of the conditional use permit application based on RCW 43.21C.060 (SEPA).- In addition, the hearing examiner may deny the conditional use permit if he/she determines that the proposed use does not meet the criteria in this section and/or is materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. (Ord. 019-17 § 18 (Exh. 1)). 2 Page 23 of 45 Back to Agenda City of Port Orchard Work Study Session Executive Summary Issue Title: POMC Title 20 — Amendments for Congregate Living Land Use Meeting Date: September 21, 2021 Time Required: 15 minutes Attendees: Nick Bond, DCD Director Action Requested at this Meeting: Review proposed amendments to POMC 20.12 and POMC 20.39.040 to define the congregate living land use and allow it as a conditional use in the R2 zone, and provide feedback to DCD staff. Issue: In April 2021, the proponents of Amici House, an organization that is proposing a congregate living facility for young people, purchased the former church site located at 902 DeKalb Street (see photos in Attachment 6). This location is within the boundaries of the City's Downtown Subarea Plan, which was adopted on June 22, 2021. The property is zoned R2. Because the congregate living use in residential zones is currently limited to a conditional use in zones R3 through R5, Amici House originally intended to first request a rezone of this property to R3, and then to apply for a conditional use permit (CUP). However, when the Downtown Subarea Plan became effective in June 2021, Amici House would then have been required to also obtain a Comprehensive Plan amendment as well as a rezone, because the changes would amend the land use designations and zoning adopted in the Downtown Subarea Plan, which is part of the City's Comprehensive Plan. This created a problem for Amici House, because the state Growth Management Act limits the City from amending the Comprehensive Plan more frequently than once per year [RCW 36.70A.130(2)(a)], and the City's 2021 Comprehensive Plan amendment docket has already been adopted by the City Council per POMC 20.04.060(5). This means that Amici House could not apply for a Comprehensive Plan amendment/rezone until 2022, and based on past years, the request would not be considered or approved by Council until the second half of 2022. Since Amici House would face extreme hardship in holding the property for so long without knowing whether it can be used for the intended purpose, they have requested that, alternatively, the City's Zoning Code be revised to allow congregate living as a conditional use in the R2 zone (POMC 20.39.040 - Use Table), in addition to the other zones in which it is currently allowed. Additionally, since POMC Title 20 currently addresses where congregate living may be located, but does not actually include a definition for this use, a definition for congregate living will be added (POMC 20.12 - Definitions). In July 2021, the Land Use Committee considered Amici House's request and expressed their support for allowing this project and similar future projects to be located in the R2 zone as a conditional use. The Committee directed staff to work with the City Attorney to prepare an Page 24 of 45 Back to Agenda Executive 3uiiiiiidiy 3 Page 2 of 2 ordinance with the requested code changes, and move the ordinance forward to the Planning Commission and the full City Council. The Planning Commission reviewed the draft ordinance at their September 7, 2021 meeting, and recommended approval of the proposed amendments. Relationship to the Comprehensive Plan: N/A Alternatives: Do not approve the proposed amendments to POMC 20.12 and POMC 20.39.040; revise the proposed amendments. Recommendations: Staff recommends that the City Council approve the proposed amendments to POMC 20.12 and POMC 20.39.040, to allow congregate living as a conditional use in the R2 zone and provide a definition of the congregate living use. Attachments: 1. Ordinance 2. POMC 20.12 Congregate Living Proposed Definition 3. POMC 20.39.040 — Land Use Table — Proposed Amendment 4. Map Showing Eligible Parcels for Congregate Living (Based on Proposed Amendment) 5. Amici House CUP Narrative 6. Photos of 902 DeKalb Street (Amici House Site) Page 25 of 45 Back to Agenda Attachment 1 ORDINANCE NO. ***-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.12 (DEFINITIONS) AND CHAPTER 20.39 (USE PROVISIONS) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's land use, zoning and permitting regulations; and WHEREAS, the City Council desires to amend POMC Chapter 20.12 (Definitions) and POMC Chapter 20.39 (Use Provisions) in order to allow the Congregate Living Facilities residential use to be allowed as a conditional use in the Residential 2 (R2) zone, in addition to the other zones in which it is currently permitted; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day expedited review on July 21, 2021; and WHEREAS, on July 28, 2021, the City's SEPA official issued a determination of nonsignificance for the proposed amendments, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, on August 24, 2021, the City issued a Notice of Public Hearing for the proposed amendments to POMC Chapter 20.12 and Chapter 20.39, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on September 7, 2021, and recommended adoption by the City Council; 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, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; NOW, THEREFORE, PageF6 of 45 Back to Agenda 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. SECTION 2. POMC 20.12 Definitions — New Definition Added. The following new definition is added to Port Orchard Municipal Code Section 20.12.010: "Congregate Living Facilities" means a building or part thereof that contains sleeping units where nontransient residents share bathroom or kitchen facilities, or both. "Nontransient" with respect to congregate living facility use means occupancy of a sleeping unit for not less than 30 days at a time. Congregate living facilities shall be located in a countywide center as designated in the City's Comprehensive Plan, shall be located within a 1/4 mile radius of a transit route, shall have 24-hour resident management with responsibility for the operations and maintenance of the facility, and shall not provide medical care or social welfare services onsite. SECTION 3. POMC 20.39 Use Provisions — Amended. The Congregate Living Facilities residential use in POMC 20.39.040 (Use Table) is hereby amended to read as follows: Defini tion /Standa Use Category Specific Use 111 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF I -I HI CI PR PF rds Congregate living facilities -- C C C C -- -- -- C -- -- P C - -- -- SECTION 4. Conflict. In the event of a conflict between this Ordinance, 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 S. 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 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 published in the official Page227 of 45 Back to Agenda 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 28t" day of September, 2021. ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Robert Putaansuu, Mayor Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Council Member PUBLISHED: EFFECTIVE DATE: PageY8 of 45 Back to Agenda Attachment 2: POMC 20.12 Congregate Living Facilities Proposed New Definition: Congregate Living Facilities: A building or part thereof that contains sleeping units where nontransient residents share bathroom or kitchen facilities, or both. "Nontransient" with respect to congregate living facility use means occupancy of a sleeping unit for not less than 30 days at a time. Congregate living facilities shall be located in a countvwide center as designated in the Citv's Comprehensive Plan, shall be located within a 1/4 mile radius of a transit route, shall have 24-hour resident management with responsibility for the operations and maintenance of the facility, and shall not provide medical care or social welfare services onsite. Page 29 of 45 Attachment 3 Back to Agenda POW 20.39.040 (Use Table)- Residential Uses Section Use Category Specific Use R1 R2 R3 R4 RS R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI Cl PR PF Definition/Standards Residential Uses All household living, as listed below: Single-family detached (including new manufactured homes) P P P -- -- P P P -- -- -- P -- -- -- -- - - - - -- -- 20.39.600 - 615 Designated manufactured home, manufactured or mobile home (except for new designated manufactured homes) -- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- - - - -- -- 20.39.600 - 615 New designated manufactured home P P P -- -- P P P P -- -- -- P -- -- -- -- - - -- -- Two-family -- P P -- -- P -- P P -- -- -- P -- -- -- -- - - -- -- 20.39.600 - 615 Single-family attached (2 units) -- P P -- -- P -- P P -- -- -- P -- -- -- -- - - -- -- 20.39.600 - 615 Single-family attached (3 or 4 units) -- P P P P P -- P P P P P P P -- P -- - - -- -- 20.39.600 - 615 Single-family attached (5 or 6 units) -- -- P P P P -- P P P P P P P -- P -- - - -- -- 20.39.600 - 615 Multifamily (3 or 4 units) -- -- P P P -- -- P P P P P P P -- P -- - - -- -- 20.39.600 - 615 Multifamily (5 or more units) -- -- P P P -- -- P P P P P P P -- P -- - - -- -- 20.39.600 - 615 Manufactured or mobile home park -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - - -- -- 20.39.600 - 615 Boarding house -- -- -- C C -- -- -- C -- -- P C -- -- -- -- - - -- -- Congregate living facilities -- -- C C C -- -- -- C -- -- P C -- -- -- -- - - -- -- Page 30 of 45 Back to Agenda Use Category Specific Use R1 R2 R3 R4 RS R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Lodging house -- -- C C C -- -- -- C -- -- P C -- -- -- -- - - -- -- Group home (up to 8 residents), except as follows: P P P P P P P P P -- -- -- P -- -- -- -- - - - - -- -- 20.39.600 - 615 Adult family home P P P -- -- P P P P -- -- -- P -- -- -- -- - - -- All group living (9 or more residents) -- -- -- C C -- -- P C P C -- P P -- -- -- - - -- -- 20.39.610 Social services facilities -- -- -- -- -- -- -- -- -- P P P P P - - -- -- 20.39.615 Secured high risk social services facilities -- -- -- -- -- -- -- -- -- -- C C C C - - -- -- Page 31 of 45 •> > 1•] :a n•] :i« : rA :41 Back to Agenda Attachment 5 Amid House Conditional Use Permit Request Narrative Statement Addressing Each Criteria in POMC 20.50.050(1)(a-f) *** City Staff Note: Amici House prepared the information below for their original CUP submittal, before they decided to request a code amendment, and it is provided to the Planning Commission as useful background information on the nature of their proposal. ** 20.50.050 Criteria for approval. (1) Hearing Examiner Findings. The hearing examiner shall not grant a conditional use permit unless the hearing examiner finds that the request meets all of the following criteria and the hearing examiner makes written findings to that effect: (a) That the conditional use is consistent with the objectives of the zoning code and the purpose of the zoning district in which the subject site/property is located; Port Orchard Municpal Code Sections Residential 2 (R2) and Residential 3 (R3) 20.34.020 Residential 2 (R2). (1) Intent. The R2 district is primarily intended to accommodate detached house, duplex, and townhouse development with a minimum lot size that varies based on building type. The R2 district is intended to implement the residential medium density comprehensive plan designation. Additional building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage court, duplex and attached house. Uses that would substantially interfere with the residential nature of the district are not allowed. 20.34.030 Residential 3 (R3). (1) Intent. The R3 district is intended to accommodate a variety of residential options limited to three stories in height. The R3 zone should be applied in areas designated as residential medium density in the Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of the district are not allowed. The property is located in a residential zone, R2, within 2 blocks of the downtown core, and adjacent to the following zones: 1.5 Blocks North: Downtown Mixed Use (DMU) 2 Blocks West: Business Professional Mixed Use (BPMU) 2 Blocks West: Civic and Institutional (CI) 11 Page 33 of 45 Back to Agenda 0 Blocks East: Parks and Recreation (adjacent to Clayton Park) (PR) 2 Blocks North: Parks and Recreation (2 blocks downtown waterfront park) (PR) This building is an attractive 3-story historic Port Orchard building that has been used for commercial purposes within the R2 zone. This building is not built to be a detached house, duplex, townhouse, backyard cottage, cottage court, or attached house. There is not a R2 use for this building within the code. Therefore, a change of zoning is required for use. There are significant benefits to the surrounding neighborhood and downtown core for this building to be occupied and not sitting vacant. The proposed Amici House vision utilizes the current building well, within a consistent zone intent, and with a positive residential use for the neighborhood, Clayton Park, and downtown. We will show below that it is no longer feasible to be used as a church building and that it is set up well for a 3-story R3 building consistent with the R2 intent and R2 stated purpose of medium density on a minimum sized lot, for a residential purpose. Current 3-Story Building: The building located at 902 Dekalb Street has 3 full stories. Floor 1 (2 primary areas): 1. Common area: Entrance, large kitchen, adjacent pantry, 2 bathrooms common area bathrooms, a fireplace, large common room and dining space, and a large storage space. 2. Private area: Adjacent to the common area, but separated by a thick cement wall, the mechanical room and hall, is a row of large rooms with large windows, 2 bathrooms, and storage. Floor 2 (2 primary areas): 1. Common area: ADA entrance and foyer, stair entrance and foyer, and large sanctuary. The sanctuary room is surrounded by windows. 2. Private area: Adjacent to the common area, by separated by a wall and hallway is a row of large rooms with great windows and beautiful views, 2 bathrooms, and a craft storage room with a counter and sink. Floor 3 (2 primary areas): 1. Balcony area: This area has a balcony surrounding the sanctuary in a U shape with windows around the full area. This area is closed off by a door and includes a large corner room with 3 large windows, a medium room with 2 large windows, and 2 small rooms. 2. Private area: Adjacent to the balcony area, separated by a door and adjacent hallway is a row of large rooms with great windows and beautiful views, 2 bathrooms, and storage. Historic Use, Recent Use and Future Use Feasibility: The 902 Dekalb Building has historically been a residence, convenience store, school house, and over the most recent decades, a church. The church has great bones, but significant deferred N Page 34 of 45 Back to Agenda maintenance (mold, rats, water leakage, failed windows, etc.). The findings of half a decade working to sell this building to a church, as a church are as follows: 1. Churches want more onsite parking. 2. The sanctuary is too small to accommodate enough donating members in a congregation to support the maintenance of an older building, pastoral and support staff salaries, and ministry. As such the building has been vacant from church use for well over a year, and has had limited church rental use for the past few years. The previous owner tried for years to sell the building to another church, but the answer has become clear that this building will no longer be a church. For much of the last year, the church rented kitchen and dining room on the first floor of the building to a homeless outreach. Residential 2 vs. Residential 3 The property is zoned R2 and is most closely defined in the R2 zoning descriptions as a detached house, however, this building is clearly built in size and layout for a commercial use. The proposed Amici House use is consistent with the residential purpose of the zoning district while utilizing the current building. Because of the building size, layout and amenities, there is no use within the current R2 zone that matches this building. As described above, this building is 3 stories and more than 10,000 square feet. The layout is stacked vertically, rather than horizontally, which does not allow for a duplex use under the code. The property is located in the urban core of downtown Port Orchard. It is just two blocks up the hill from the central downtown intersection of Bay Street and Sidney. The Amici House vision is consistent with the "Connections" focused residential zoning adjacent to the downtown core as described in the Port Orchard Comprehensive Plan (as described in detail below in response to POMC 20.50.050(1)(c)). Congregate Living Facility (Conditional Use Permit Requirement) vs. Apartment Designation (Rezone to R3 Only) The current building is attractive from the outside and fits on the property almost lot line to lot line. This building is a historic piece of this neighborhood with a storyline in Port Orchard that begins in the early 1900's. The building was originally a single family residence and has been transformed over the years into a convenience store, school, and church. With these transformations, a wonderful, charming historic building has been formed. The inside is not set up for a traditional house or apartment complex. There is a large well laid out kitchen, multiple I:3 Page 35 of 45 Back to Agenda central bathrooms on each floor, large community and amenity spaces on each floor, and rooms surrounding these large community spaces. The building is ADA accessible with multiple exits on each side for fire. The layout is perfect for community living, but does not easily break out as apartment units. The congregate living facility use is a creative way to use this building, consistent with the residential nature of the neighborhood, while attractive successful young adults to Port Orchard, adding to the vibrancy of the neighborhood, filling local businesses and schools, and otherwise increasing the attractiveness of downtown Port Orchard. The Amici House vision is to create a community of young adults here in Port Orchard that are finishing their education and beginning their careers. This building is well situated to provide affordable housing in a community living environment where young adults can thrive. These 18 — 26 year olds will be immersed in an intentional community with mentorship, structure, activities, and educational support, while completing their degrees, apprenticeships, and the like. They will be community focused neighborhood residents who will volunteer their time to make Port Orchard a more attractive community. This project provides a, neighborhood positive, residential use for the current building. This vision fits well into the R2 intent of the neighborhood, but because of the size and layout of the building, requires a rezone to R3 to be consistent with the POMC. The project falls under the R3 apartment designation, but because it would not be a traditional apartment building structure, requires a Congregate Living Facility designation. The POMC does not clearly define Congregate Living Facilities, so the use requires deferment to the International Building Code (IBC) definition combined with a Conditional Use Permit to conform to the POMC. (b) Granting the conditional use will not have a substantively greater adverse effect on the health, safety or welfare of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the zone. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes, and vibration; Effect on Health. Safetv and Welfare of Neitahbors (including Property Values The proposed Amici House use will benefit the health, safety and welfare of those who live and work in the neighborhood. When we purchased this property April 30, 2021, it was a large empty building with significant deferred maintenance. A large empty building next to a park, in a residential neighborhood, adjacent to an urban downtown, breeds problems that decrease the health and safety standards of the neighborhood, and therefore reduces the value of the surrounding homes. FA l Page 36 of 45 Back to Agenda As described above, the use of this building as a vibrant church has passed. Over the last year, the church that owned the building, rented the kitchen and dining area of the building to a homeless outreach. This use attracted homeless encampments to the property and neighboring park. We have heard significant complaints from the neighbors surrounding this building about the homeless people sleeping in cars on the property and camping on the handicapped ramp and behind the building. This most recent use has brought drug needles, human waste and other unsafe eventualities to the property. Because the church use declined, the building also has significant deferred maintenance. We have cleaned out significant evidence of rats and other pests. Deferred maintenance has led to mold. Rats and mold are clearly a health hazards for neighbors. In contrast, the proposed Amid House will be a strong asset to this neighborhood. It will be clean, well cared for, and provide an attractive group of vibrant caring residents who are finalizing their education and starting careers in the local community. They will be civic minded young adults who work hard, volunteer in the community, and will be wonderful neighbors. Traffic The city's traffic engineer is completing a full traffic study. Michael Read, principal of TENW (Traffic Engineers Northwest), noted that even without discounts for removal of existing Church use, applying a Student Housing Category from 10th Edition, ITE Trip Generation Manual, would result in 11 new PM peak hour trips (see attached email and graphic with notes). This level of traffic use will not adversely affect residential neighbors or those that work in the area. Access to and Circulation within the Pro There are two primary access points to the property. One on the corner of Harrison and Dekalb and a second directly off Dekalb adjacent to Clayton Park. Both access points are entered off the Dekalb side walk along the north side of the building. This proposed use does not change the entrance points or negatively impact the access to or circulation around the property. Parkin We have included a parking study and memo. Fortunately, the block on which this site is positioned has ample underutilized offsite parking. The existing building at 902 Dekalb Street was originally built in the early 1900's. The building extends nearly lot line to lot line on all 4 borders. There are 5 straight -in parking spaces on the west side of the building along Harrison Street. There is no other feasible onsite space available for additional parking. However, there is an abundance of parking around the immediate block. There are 10 available straight -in 5 Page 37 of 45 Back to Agenda parking spaces directly across the street from the building entrance on Harrison Street, and 100 additional parallel parking spaces on Harrison, Dekalb, Seattle, and Dwight streets surrounding the immediate block on which the site sits, totaling 115 onsite or available public parking spaces on the immediate block. The on -street parking is significantly underutilized on this block, even during peak hours. The utilization ranges from 7% to 24% during all hours. At 7% usage 102 parking spaces are available on the block and at 24% there are 84 unused spaces. There are 12 straight -in parking spaces directly across the street on Harrison that are separated from the adjacent residence by a retaining wall and high fence. Two of these spaces are used regularly by the adjacent property, so 10 straight -in spaces are available to the public. We have attached a parking study, map and memo for additional context. Refuse and Service Area The garbage cans will be stored under the handicapped ramp on the northeast corner of the building along Dekalb Street. There is plenty of height and space for garbage and recycle bins behind a nice quality, attractive wooden door. The bins will not be visible from the street and will be easily accessible to residents. The building manager will move the bins to the curb for pick up and then return them to the storage area. We have attached a picture of the space in its current state for your reference. During renovation, the handicapped ramp will be rebuilt for safety purposes and the refuse area will be cleaned up and renovated as well through that project. UtilitIPS This use should not affect any surrounding property owners from a utilities stand point. The infrastructure built into the property for historic uses is similar in magnitude to this proposed use, although the Amici House use will be spread out through out the week rather than concentrated to large weekly events. Screening and Buffering The increased density allowed in R3 is physically buffered by natural separations from the surrounding single family residences (20.42.030(2)(e), (f), and (g)). The property is located on a corner, directly adjacent to Clayton Park, a 1.4 acre open field and playground with picnic facilities. The property only shares a boundary line on one side with a residence and is buffered from that property by a steep slope, retaining wall, and tall, thick foliage. The adjacent house is set back from this property and not visible from the site. Across Harrison street the city has straight -in parking, setting the neighboring properties back from the road more than 20 feet. A retaining wall topped by a tall fence bordering the straight -in parking blocks any visibility to residential homes to the west. The topography to the north slopes steeply downhill across Dekalb Street, providing privacy from the building to the neighbors across Dekalb Street. Dekalb Street is also a wide street with sidewalks and parallel parking on both sides. 1.1 Page 38 of 45 Back to Agenda We are not proposing any additional signage with this use. There is currently a reader board sign next to the entrance on the corner of Dekalb and Harrison. This sign is adequate for the Amid House use. Yards and Open Spaces, Height, Bulk, Location of Structures, Location of Proposed Open Space Uses This use does not propose any changes to the exterior of the building. Hours and Manner of Operation, Noise, Lights Being a resident of Amici House is a life style decision with a strict application process and commitment to house rules. Residents are choosing to be a part of a community and live by the rules of the house. If the rules are broken, the lease is broken. A couple of the key house rules related to this section are as follows: 1. Amid House is a dry house. There will be no alcohol, tobacco, marijuana, or any other recreational drug or substance used on the property or in the house. Residents also commit to not use any of these substances at Clayton Park or in the surrounding blocks. 2. Amid House residents will abide by the noise regulations set forth by Port Orchard as follows: 9.24.050 Public disturbance noises — Nuisances. (1) It is unlawful for any person to cause, or for any person in possession of property to allow to originate from that property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises and constitutes a nuisance to the public: (a) The frequent, repetitive or continuous sounding of a horn or siren attached to a motor vehicle, except as provided in subsections (2) and (3) of this section; or (b) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off - highway vehicle, or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property, or (c) The operation of any mechanically powered saw, drill, grinder, blower, fan, garden tool, or similar device, except as provided in subsection (3) of this section, or r] Page 39 of 45 Back to Agenda (d) The starting, operation or testing of construction equipment, such as but not limited to backhoes, excavators, chain saws, and bulldozers, except as provided in subsection (3) of this section; or (e) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or (f) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such noise shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, veterinary clinics, and police service dogs; or (g) The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings, particularly after the hours of 11:00 p.m. and before 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; unless so authorized by a special permit issued by the city of Port Orchard; or (h) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than 50 feet from the vehicle itself, or (i) Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than 50 feet from the source. As the laws of Port Orchard evolve, the Amid House leases will incorporate applicable changes. The substance and noise rules will be incorporated into the lease agreements for each resident. Young adults will live in community, sharing responsibility for chores and keeping each other accountable to the house rules. Each floor/suite will have a floor/suite leader, voted in by the floor residents, to provide accountability. A live-in house manager and the ownership team will meet with the floor/suite leaders weekly to teach and direct the leadership team, and to provide oversight and accountability. Each young adult will participate weekly in a small group mentorship program. The mentors will be members of the Port Orchard community who are committed to investing in young adults. Amid House is not proposing to change the exterior lighting to of the building. Dust. Odor. Fumes. and Vibration: F:3 Page 40 of 45 Back to Agenda The residential Congregate Living Facility use will not emit dust, odor, fumes, or vibrations (c) The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan; Revitalizing this building by developing a congregate living community for young adults directly fulfills 7 of the 13 Primary Connection Points in the Port Orchard Comprehensive Plan: 1. Connect individual neighborhoods to the greater city. Young adults are connectors as a demographic. We are specifically seeking young adults who are working toward local careers and who desire to create lives in Port Orchard. Our application process is seeking young adults who want to be a part of a larger community and have a track record of volunteer service or have a desire to start down that road. Our mentorship program will lead these young adults in becoming involved, productive, caring citizens. This group of young adults will be an asset in connecting this residential neighborhood to Port Orchard. 2. Connect people to the waterfront. The waterfront will feel most safe, attractive, and vibrant when the spaces are well utilized. Amici House is within walking distance to waterfront walking paths, beaches, shops, restaurants, entertainment, and amenities. Residents will activate the downtown waterfront with walks, jogs, and bike rides. They will buy coffee and a pastry and sit on the benches to enjoy the scenery. Amici House residents will connect people to the waterfront consistently year round. 3. Connect people to downtown. Port Orchard's downtown is full of shops, eateries, and services. Residents of Amici House will shop at the farmers market and local retail shops, attend music concerts in the park, enjoy the restaurants and bars, and liven up downtown Port Orchard. As downtown becomes more vibrant, more people will come. Amici House will provide a strong core of active community members within walking distance through a demographic that is seeking community. 4. Connect downtown and the waterfront. Port Orchard's downtown shops, cafes, library and services lay adjacent to its beautiful waterfront amenity. The owners of Amici House, currently meet young adults 2-3 days a week in downtown Port Orchard to buy coffee, chocolate or snack and walk the waterfront. Many of these young adult friends will be the first residents of Amici House. They have kayaks and bikes, and love the outdoors. Port Orchard is wonderfully situated for pedestrian life and the location of downtown on the waterfront creates a delightful ambiance. Local community 01 Page 41 of 45 Back to Agenda members who use these spaces consistently throughout all seasons of the year will provide an attractive model for those who visit periodically of how these spaces naturally connect. Amici House residents are pedestrian oriented citizens seeking community spaces to connect and their natural activity will enhance the connection between downtown and the waterfront. 5. Connect people via land use choices that encourage meaningful interactions (i.e. housing within walking distance to shops and restaurants that allows people to encounter and interact with each other on the street). Amici House is located just 2 blocks from downtown shops, restaurants, and services. Of our first 8 target residents, one works at Josephine's and will walk to work, another works at the shipyard and will walk to the foot ferry, a third and fourth are youth group leaders at Newlife church, located downtown in the Westbay Center, and meet teens regularly downtown to shop and walk, and a fifth works in downtown Seattle and will walk on the foot ferry to Bremerton, and then to Seattle. In the evenings we expect Amici House residents to walk downtown and enjoy Port Orchard living. 6. Connect the history of the city through built environment. This building has a wonderful history in Port Orchard. The Amici House renovation will keep the character of the building as purchased intact, while upgrading the building to a high quality living environment. Creating a new a vibrant community within a historic Port Orchard building will connect the rich history of Port Orchard through the built environment. 902 Dekalb Street has evolved and grown as Port Orchard has evolved and grown over the last 125 years. This building was originally built as a single-family residence in the early 1900's. As time progressed and needs changed, it was added on to and remodeled. We are still learning the history of the building, but know that in addition to a single family home, it has housed a school, convenience store, and a number of church communities over the last 100+ years. Amici House is a creative way to utilize this historic Port Orchard building in a way that honors the past and enhances the vision for Port Orchard's future. 7. Connect Parks and Housing to Other Parks. The location of Amici House, adjacent to Clayton Park, 2 blocks from the waterfront walking areas, and within a mile of the waterfront park, creates a housing environment that connects people to parks. Amici House residents will utilize park spaces for recreation and community building. The house layout will be designed toward community life, connecting the housing model to local parks, community spaces and activities. Amici House also has some indirect benefits for 2 additional Primary Connections. 1. Connect separate areas of the city with a variety of transportation options. 10 Page 42 of 45 Back to Agenda When transit is full and utilized citizens are more likely to vote to fund transit growth. Amici House residents are situated to use public transit for affordability, convenience, and environmental awareness. 2. Connect citizens and government Amici House is located near city hall, the courts and county government offices. Through the mentorship program, residents are encouraged to be active, helpful, caring citizens who volunteer their time to benefit the Port Orchard community. There will likely be connection opportunities through this aligned vision. (d) The proposal complies with all requirements of this title; The Amici House use is residential in nature and complies with the requirements of this title as well as the intent of the urban neighborhood setting. (e) The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities; and The use of the 902 Dekalb St building as a Congregate Living Facility is adequately supported by public facilities and services without adversely affecting public facilities and services to the surrounding area. This is not a new development or expansion. It is a change of use that will utilize a similar level of facilities and services as the church use when it was vibrant, but in a more spread out pattern. The infrastructure that has been built over time through the uses of a convenience store, school house, and 150 member church will be adequate for a maximum of 40 residents. (f) Existing conditions of approval required as part of a prior land division or permit shall be met. There are no previous land divisions or permit overlays on this property. 11 Page 43 of 45 900 dekalb St - Attachment 6 Back to Agenda Image capture: Sep 2018 © 2021 Google Page 44 of 45 is LJ -x �y,�. -� �r ,•fin a«a �� r ew • � _ . ' =' _...�„�-ice' _ , � ,. .r _ ' • O 1. •• ,r '' } -N .,• � �. � Tiirlf •� - Imagery ©2021 Google, Imagery ©2021 Maxar Technologies, U.S. Geological Survey, Map data ©2021 20 ft Page 45 of 45