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02 February 7, 2023, Planning Commission Meeting PacketCITY OF PORT ORCHARD Planning Commission 216 Prospect Street, Port Orchard, WA 98366 (36o) 874-5533 planning@cityofportorchard.us PLANNING COMMISSION MEETING AGENDA Tuesday, February 7, 2023 — 6:00 pm *** Attendees and Planning Commissioners may attend in person at City Hall or via Zoom*** Join Zoom Meeting, Public Link: httys:Hus02web.zoom.us/i/86180242823 Dial -in (phone audio) only: + 1253 215 8782 Webinar ID: 8618024 2823 Planning Commissioners please use individual webinar links. 1. Call to Order: 6:00 p.m. Pledge of allegiance. 2. Welcome and Introduction. Planning Commission and City Staff Introductions. 3. Audience Comments: Topics not listed for public hearing on tonight's agenda. Please limit comments to 3 minutes. 4. Approval of Minutes from December 6, 2022. (Attachment) 5. Business Items: (ACTION) a) DISCUSSION: LR23-PLAN-02 - 2023 Comprehensive Plan Amendments (Attachment) In compliance with POMC 20.04.060(3), the Director is required to compile and maintain for public review a recommended final comprehensive plan amendment agenda (docket). The City initiated one amendment to the Comprehensive Plan by the deadline of January 31, 2023. Staff Contact: Jacob Miller, Associate Planner b) DISCUSSION: LR23-CODE AMENDMENT-01— Development Agreement and Sign Code (Attachment) The City is considering the adoption of an ordinance amending the POMC 20.26.020 and 20.132.060 to include permanent signage as an eligible development standard for modification through a Development Agreement and Master Sign Plan. Staff Contact: Jim Fisk, Senior Planner c) DISCUSSION: Housing Action Plan (Attachment) Presentation of the existing conditions report. Staff Contact: Jim Fisk, Senior Planner d) DISCUSSION: LR23-PLAN-01 - City of Port Orchard Stormwater and Watersheds Comprehensive Plan 2023 (Attachment) The City is considering the adoption of a Stormwater and Watersheds Comprehensive Plan to guide the management of surface water, stormwater and watersheds within the City. Staff Contact: Zack Holt, Stormwater Program Manager e) DISCUSSION: Director's Report 1. Cell Tower Development Regulations 2. 2022 Comprehensive Plan Amendments 3. Isolated Wetland Definition 4. Stormwater Code Revisions S. Accessory Dwelling Units — Owner Occupancy 6. Accessory Structure Setbacks 7. Housekeeping Ord. 8. Subdivision Entry Signage 9. Public Participation Program, 2024 Comprehensive Plan Update 10. Comprehensive Plan 2024 Periodic Update - January 31, 2023 Open House Summary Staff Contact: Nick Bond, Community Development Director f) DISCUSSION: Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training 6. Adjourn Next Planning Commission Meeting — March 7, 2023 CITY OF PORT ORCHARD Planning Commission Minutes 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o Planning Commission Meeting Minutes December 6th 2022 Hybrid Zoom Teleconference COMMISSIONERS: Present: Annette Stewart, Stephanie Bailey, Bek Ashby, Joe Morrison, and Dave Bernstein. Absent: Tyler McKlosky, and Phil King. STAFF: Community Development Director Nick Bond, Senior Planner Jim Fisk, and Assistant Planner Josie Rademacher. 1. CALL TO ORDER: Chair Stewart called the meeting to order at 6:05 p.m. and led the Pledge of Allegiance. 2. WELCOME AND INTRODUCTION: Chair Stewart introduced the present Planning Commissioners, Vice Chair Ashby, Commissioner Bailey, Commissioner Morrison, Commissioner Bernstein and present City staff members, Community Development Director Nick Bond, Senior Planner Jim Fisk, and Assistant Planner Josie Rademacher. 3. PUBLIC COMMENTS: Public comment was open to any subject not related to the public hearing. Paul Fontenot, a Port Orchard resident, commented on the Festival of Lights event that happened the weekend prior and how he enjoyed the closing of Bay St created a thriving downtown pedestrian environment. Paul further commented on how Port Orchard is car dependent and hopes to see improvements in infrastructure to promote additional modes of transportation across the City. 4. APPROVAL OF MINUTES FROM NOVEMBER 1ST, 2022: Commissioner Bailey made a motion to approve the minutes as presented from the November 1st meeting. Commissioner Morrison seconded the motion. The motion passed unanimously. 5. BUSINESS ITEMS: A. PUBLIC HEARING: 2024 COMPREHENSIVE PLAN UPDATE, PUBLIC PARTICIPATION PROGRAM Senior Planner, Jim Fisk, stated that the first draft of the Public Participation Program for the 2024 Comprehensive Plan Update was introduced to the Planning Commission in November lst's meeting. City Staff, and consultant team, AHBL, drafted the Public Participation Program presented. A Public Participation Program is required for the update and outlines all of the parameters for public outreach and opportunities to participate in the planning process. The draft Public Participation Program was made available on the City's website on October 271h. City Staff provided a variety of outreach methods including social media posts, and emails to interested individuals encouraging participation related to Program adoption multiple times before the public hearing. The Community Development Department did not receive any comments regarding the Public Participation Program prior to the hearing. Chair Stewart opened the public hearing. There we no comments from the public. Chair Stewart closed the public hearing. Vice Chair Ashby made a motion to recommend the City Council to approve a resolution to adopt the 2024 Comprehensive Plan Update, Public Participation Program as presented. Commissioner Bailey seconded the motion. The motion passed unanimously. B. DISCUSSION: POMC 20.132 TEMPORARY SIGNAGE Per request of City Staff, and action from the Planning Commission, a motion to table discussion on POMC 20.132 Temporary Signage until an update is necessary was voted on and passed unanimously. C. DISCUSSION: HOUSING ACTION PLAN SURVEY Senior Planner, Jim Fisk, shared that City's Housing Action Plan is underway. As a part of the plan development, the City, is providing the Housing Action Plan Flyer (available in the packet), to City utility customers as a part of their bill for the November and December billing cycles. Staff also provided social media, and email notifications for the survey. Initial feedback from the survey includes: • About 82% of respondents so far are homeowners, while approximately 60% of Port Orchard's population are homeowners. • Income of survey respondents is pretty distributed, and • Most respondents live in single-family homes. Staff intends to update the Planning Commission once the survey has closed and received initial conditions reporting. An update to the Commission is likely in Winter 2023. D. DISCUSSION: DEVELOPMENT ACTIVITY PRESENTATION Community Development Director, Nick Bond, presented current development activity as requested from the Planning Commission at the November meeting. E. DISCUSSION: CITY OF PORT ORCHARD STORMWATER AND WATERSHEDS COMPREHENSIVE PLAN 2023 Per request of City Staff, and action from the Planning Commission, a motion to table discussion on the City of Port Orchard Stormwater and Watersheds Comprehensive Plan 2023 until a later date was voted on and pass unanimously. Staff intends to introduce the item in two months when the item is complete. Page 2 of 3 ADJOURN: Chair Stewart adjourned the meeting at 7:01 pm. Annette Stewart, Chair Nick Bond, Community Development Director Page 3 of 3 CITY OF PORT ORCHARD DEPARTMENT OF COMMUNITY DEVELOPMENT 216 Prospect Street, Port Orchard, WA 98366 Ph.: (36o) 874-5533 • FAX: (36o) 876-498o PLANNING COMMISSION STAFF REPORT Agenda Item No: 5(a) Meeting Date: February 7, 2023 2023 Comprehensive Plan Prepared by: Nick Bond, Development Director Subject: Amendments Summary: Consistent with the requirements of POMC 20.04.050(1), the City initiated one amendment to the Comprehensive Plan by the amendment deadline of January 31, 2023. The Community Development Director has compiled for public review a recommended final Comprehensive Plan Amendment Agenda consisting of: City Initiated Comprehensive Map Amendment • A Comprehensive Plan Map and Legislative Zoning Map amendment for the properties located along SE Meline Road. The amendment would change the Comprehensive Plan future land use map designation of Commercial (COM) to Low Density Residential (LDR) and would change the zoning designation of Commercial Mixed Use (CMU) to Residential 1 (R1). SE Meline Road is an east -west oriented Local Access designated, dead-end street that is approximately a quarter mile in length. It is located south of the Sedgwick and State Highway 16 interchange, behind the Port Orchard Lowe's store. The current City of Port Orchard zoning designation along SE Meline is CMU — Commercial Mixed -Use that turns into Greenbelt as the road terminates to the west. The Comprehensive Plan Map designation is Commercial. The subject properties are developed with detached houses and single-family residential land uses. However, the CMU district does not permit detached houses as a building type nor permit single-family residential as a land use resulting in non -conforming uses and building types. Infrastructure in the area is insufficient to support land uses permitted in the CMU district without significant financial investment. Further, access to the properties likely reduces the feasibility or desirability of any commercial uses that may be permitted in CMU district. This amendment proposes a Low -Density Residential designation in the Comprehensive Plan Map and a Residential 1 designation in the Zoning Map. The R1 district is most compatible with the existing development and would rectify existing non -conforming uses and building types. This amendment would allow property owners to make improvements according to the development standards associated with the more compatible zoning designation of R1 and would preclude them from limitations set by POMC 20.54 Nonconformities. The Community Development Director, consistent with the requirements of POMC 20.04.060 will present the recommended Comprehensive Plan Amendment Docket for City Council's review and consideration at the February 14, 2023 City Council meeting. Upon adoption of the final docket by City Council, the Planning Commission should hold a public hearing for consideration of the proposed amendment. The Planning Commission is asked to hold a public hearing to discuss and make a recommendation to the City Council on the 2023 Annual Comprehensive Plan Amendments at the March 7, 2023 Planning Commission Meeting. Relationship to Comprehensive Plan: Pursuant to RCW 36.70A.470 and 36.70A.106, the City may annually adopt amendments to the City's Comprehensive Plan. Recommendation: The Planning Commission should review the proposed amendments prior to scheduling a public hearing. Staff recommends that a public hearing be scheduled for March 71 2023 on the proposed amendment. Attachments: Exhibit A - Maps 2 r , •y + .y i � 1 , f a r Meline Road Comprehensive Plan Map Amendment ;i'.4 - r - - sew► -..... � r• s •M = �� ` — � 1 + * ! , SE SEDGWICK RD- cn 1�I AV . _ �"�` �..SE MELINE RD , W r .• Or 00 VIP t• ' i • w r i ,► O t ♦ 0 bp s {► r � 0 0.05 0.1 0.2 Miles - So rce: Esn, Max7ar, GeoEye, Earthstar Geographies, C«NES/Airbus D-USDA, USGS, Aero^G'RUD, 11i and 4 _ +, ` the GIS User Community • Meline Road Comprehensive Plan Map Amendment .-.: 112301-3-003-2006 • 112301-3-010-2007 112301-3-009-2000 ,t •„" ,' 112301-2-022-2005 SE SEDGWICK RD - cn Y S ` a_ 112301-3-002-2007 •� ''� ,. SE MELINE RD W r •• R ... z �; 1 N F11 « ! r 4800-000-023-0106 '"ra.Ws+r'Al 112301-3-012-2005 112301-3-008-2001 112301-3-005-2004 112301-3-048-2003 112301-3-011-2006 112301-3-047-2004 I r O 0 0.05 0.1 0.2 Miles �" So rce: Esn, Maxar, G�eo ye, EarGhstar Geographies, C«NES/Airbus D- USDA, USG�S, AeroGRID, fGN, and the GIS User Community cn 0 w i o Meline Road Comprehensive Plan Map Amendment - Existing Zoning ol M s'I- K-10, a.SE MELINE RD_� / Id- , w0 ►' O � � 0 N { r {. 0 0.05 0.1 0.2 Miles 1 So rce: Esri, Maxar, G�eo e, Ear Y ,� •• the GIS User Community Legend BPMU CC CH - CI CMU ''14 DMU GB GMU - IF LI NMU PF - PR R1 R2 R3 - R4 - R6 1 ' e SE SEDGWICK RD'--. cn w lei o Meline Road Comprehensive Plan Map Amendment - Proposed Zoning t • �' i t ;s• +►A! t A.SE MELINE RD Fry p {. 0 0.05 0.1 0.2 Miles 1 So rce: Esn, Maxar, G�eo ye, EarGhstarGeographics, OWNS DA, •` 4he GIS User Community Legend BPMU .� cc a. - CH - cl cMU DMU GB GMU - IF LI NMU 1 PF - PR R1 R2 R3 - R4 - R6 Meline Road Comprehensive Plan Map Amendment - Existing Comp Plan SE SEDGWICK RD- cn 0 SE M E L I N E RD '+� hL_ r+i► .. z 1 r o INW— w A -- wg r Legend �► o- �r 0 COM 40ob— GIB j Ar �- ► • - HDR ' IND LDR MDR r C w w r' t { s r " PCs 0 0.05 0.1 0.2 Miles Source: Esn, Maxar, GeoEye, Earthstar Geographies, C«NES/Airbus D-,USDA, USGS, AeroGR'ID, IGN, a i 4 wr*yr��4 „ • the GIS User Community CITY OF PORT ORCHARD DEPARTMENT OF COMMUNITY DEVELOPMENT 216 Prospect Street, Port Orchard, WA 98366 Ph.: (36o) 874-5533 • FAX: (36o) 876-4980 PLANNING COMMISSION STAFF REPORT Agenda Item No: 5(b) Meeting Date: February 7, 2023 Discussion Revisions to POMC 20.26.020and 20.132.060 — Subject: Development Agreements Prepared by: and the City Sign Code Nick Bond, Development Director Issue: Port Orchard Municipal Code (POMC) Chapter 20.26 POMC contains standards and procedures governing the City's use of development agreements, which can be entered into between the City and applicants to provide flexibility in the application of development standards. In October 2020, the City Council amended POMC Chapter 20.26, clarifying the standards that may be addressed in a development agreement, providing more specificity on the application and processing requirements and the decision type, and to strengthen requirements for additional public benefit for development agreements. Currently, POMC 20.26.020 omits the City sign code from those development standards which may be modified through a development agreement. City staff propose to amend POMC 20.26.020 and 20.132.060 to allow the approval of a Master Sign Plan utilizing alternative development standards through the use of a development agreement. Development Agreements can be advantageous to the City and to applicants in allowing flexibility in applying development standards that often lead to better project design and infrastructure improvements which benefit the public. The current language in the code, and the proposed language in the ordinance, are presented for the Planning Commission's review. The Planning Commission is requested to hold a public hearing at the March 7, 2023, Planning Commission meeting. Recommendation: The Planning Commission should review the proposed revisions to 20.26.020 and 20.132.060 prior to scheduling a public hearing. Staff recommends that a public hearing be scheduled for March 7, 2023, on the proposed amendment. Attachments: Ordinance ORDINANCE NO. XXX-23 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S DEVELOPMENT CODE WITH REGARD TO DEVELOPMENT AGREEMENTS AND THE CITY SIGN CODE; AMENDING SECTION 20.26.020 OF THE PORT ORCHARD MUNICIPAL CODE TO ADD THE SIGN CODE CHAPTER 20.132 POMC TO THE LIST OF CODE PROVISIONS WHICH MAY BE MODIFIED BY A DEVELOPMENT AGREEMENT; AMENDING SECTION 20.132.060 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE THAT MASTER SIGN PLANS MAY BE APPROVED BY USE OF A DEVELOPMENT AGREEMENT; PROVIDING FOR CORRECTIONS AND SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, such agreements are advantageous to both municipalities and applicants by facilitating certainty and stability in the land use permitting process, while also providing flexibility in the innovative application of local development standards, often leading to enhanced project design and infrastructure improvements for the public; and WHEREAS, the City Council adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMC) which was last updated by Ordinance No. 030-20; and WHEREAS, when a project includes signage the City's sign code (Chapter 20.132 POMC) applies; and WHEREAS, the Development Agreement section 20.26.020 that sets forth the code chapters that are subject to Development Agreements does not currently include the City sign code; and WHEREAS, for mixed use developments, a master sign plan is required in accordance with POMC 20.132.060; and WHEREAS, allowing master sign plans to be approved by Development Agreement may result in a better result for both project proponents and for the public at large; WHEREAS, the City Council desires to adopt the amendments to those regulations set forth in this ordinance to enhance the City's ability to utilize development agreements for the benefit of the City and public; and Page 1 of 8 1761272.1 - 366922 -0021 Ord. XXX-23 Page 2 of 8 WHEREAS, this Ordinance was submitted to the Department of Commerce for review on DATE, 2023, and review was granted on DATE, 2023; and WHEREAS, on DATE, 2023, the City's SEPA official issued a determination of nonsignificance for the proposed revisions, and there have been no appeals; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on DATE, 2023, 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, 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. Section 20.26.020 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.26.020 Form of agreement, effect and general provisions. (1) Form. A development agreement shall set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (a) For the purposes of this chapter, "development standards" may include, but are not limited to: (i) Project elements such as residential densities, nonresidential densities and intensities or building sizes; (ii) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; (iii) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; 1761272.1 - 366922 -0021 Ord. XXX-23 Page 3 of 8 (iv) Design standards such as maximum heights, setbacks, landscaping, and other development features; (v) Affordable housing; (vi) Parks and open space preservation; (vii) Phasing; (viii) Review procedures and standards for implementing decisions; (ix) A build -out or vesting period for applicable standards; and (x) Any other development requirement or procedure deemed appropriate by the city council. (b) In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this chapter may impose development standards that differ from the following development regulations of this code; provided, that any development standards imposed by the development agreement shall be consistent with the comprehensive plan: (i) Chapter 20.08 POMC, Vesting; (ii) Chapter 20.12 POMC, Definitions; (iii) Chapter 20.30 POMC, Introduction to Zoning, Land Uses, and Building Types; (iv) Chapter 20.32 POMC, Building Types; (v) Chapter 20.33 POMC, Greenbelt District; (vi) Chapter 20.34 POMC, Residential Districts; (vii) Chapter 20.35 POMC, Commercial and Mixed Use Districts; (viii) Chapter 20.36 POMC, Industrial Districts; (ix) Chapter 20.37 POMC, Civic and Open Space Districts; (x) Chapter 20.38 POMC, Overlay Districts; (xi) Chapter 20.39 POMC, Use Provisions; (xii) Chapter 20.40 POMC, Site and Lot Dimensions; (xiii) Chapter 20.41 POMC, Transfer of Development Rights Program; (xiv) Chapter 20.54 POMC, Nonconformities; (xv) Chapter 20.68 POMC, Accessory Dwelling Units; (xvi) Chapter 20.80 POMC, Subdivisions — General Provisions; (xvii) Chapter 20. 82 POMC, Administration and Enforcement; (xviii) Chapter 20.84 POMC, Boundary Line Adjustments; (xix) Chapter 20.86 POMC, Short Subdivisions; (xx) Chapter 20.88 POMC, Subdivisions — Preliminary Plats; (xxi) Chapter 20.90 POMC, Subdivisions — Final Plats; (xxii) Chapter 20.94 POMC, Binding Site Plans; (xxiii) Chapter 20.96 POMC, Vacation and Alteration of Final Plans and Short Plats; (xxiv) Chapter 20.98 POMC, Improvements; 1761272.1 - 366922 -0021 Ord. XXX-23 Page 4 of 8 (xxv) Chapter 20.100 POMC, Development Standards — Subdivision Design; (xxvi) Chapter 20.120 POMC, Development Standards — General Provisions; (xxvii) Chapter 20.122 POMC, Building Elements; (xxviii) Chapter 20.124 POMC, Development Standards — Parking and Circulation; (xxix) Chapter 20.127 POMC, Design Standards; (xxx) Chapter 20.128 POMC, Landscaping; (xxxi) Chapter 20.129 POMC, Significant Trees; (xxxii) Chapter 20.132 POMC, Sign Code: (xxxiii) Chapter 20.139 POMC, Residential Design Standards; (xxxi4iv) Chapter 20.162 POMC, Critical Areas Regulations; (xxx+v) Chapter 20.164 POMC, Shoreline Master Program; (xxxvi) Chapter 20.182 POMC, Impact Fees. (c) A development agreement shall not modify any provision of this code that is not identified in subsection (1)(b) of this section. (d) A development agreement may modify the provisions of this code only if the city council determines that the requested modifications are necessary to provide flexibility to achieve public benefits and provide superior outcomes than those that would result from strict compliance with the other applicable development standards. (e) Any approved development standards that differ from those other applicable development standards shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval. (f) Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site where necessary to address a serious threat to public health and safety or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building and construction codes in effect when the building permit application is deemed complete. (2) Decision Type. Development agreements are a Type V action and shall be reviewed and approved pursuant to the procedures in Chapter 20.22 POMC and this chapter, except that if the development agreement is consolidated with a new or pending Type I, II, III or IV project permit application as defined in RCW 36.70B.020, the city council's decision to approve, deny, or modify the development agreement may be appealed pursuant to Chapter 36.70C RCW. (3) Effect. Development agreements are not project permit applications and are not subject to the permit processing procedures in Chapter 36.70B RCW or Chapter 20.24 POMC. A development agreement shall constitute a binding 1761272.1 - 366922 -0021 Ord. XXX-23 Page 5 of 8 contract between the city and the property owner and the subsequent owners of any later -acquired interests in the property identified in the development agreement. A development agreement governs the project identified in the development agreement during the term of the development agreement, or for all or that part of the build -out period specified in the development agreement, and may not be subject to an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, except as set forth in this chapter. A permit or approval issued/granted by the city after execution of a valid development agreement must be consistent with the development agreement. (4) Limitations. (a) A development agreement shall be limited to a 20-year term if any provision of the agreement requires the city to: (i) Refrain from exercising any authority that it would have otherwise been able to exercise in the absence of the development agreement; (ii) Defer application to the subject property of any newly adopted development regulations that would otherwise apply to the property identified in the agreement; or (iii) Allow vesting beyond the applicable deadlines for a phased development. (b) The development agreement shall also contain a proviso that the city may, without incurring any liability, engage in action that would otherwise be a breach if the city makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. (c) The full costs of drafting and processing the development agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement to the extent such costs exceed the initial application fee. (5) Developer's Compliance. The development agreement shall include a clause stating that the city's duties under the agreement are expressly conditioned upon the property owner's substantial compliance with each and every term, condition, provision and/or covenant in the development agreement, all applicable federal, state, and local laws and regulations and the property owner's obligations as identified in any approval or project permit for the property identified in the development agreement. (6) No Third Party Rights. Except as otherwise provided in the development agreement, the development agreement shall create no rights enforceable by any party who/which is not a party to the development agreement. (7) Liability. The development agreement shall include a clause providing that any breach of the development agreement by the city shall give right only to damages under state contract law and shall not give rise to any liability under 1761272.1 - 366922 -0021 Ord. XXX-23 Page 6 of 8 Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. (8) Termination, Modification and Extension. Every development agreement shall have an identified, specific termination date. Upon termination, any further development of the property shall conform to the development regulations applicable to the property at the time of permit application. The city shall not modify any development agreement by extending the termination date unless the city council makes legislative findings that the additional benefits to the city provided by the developer in exchange for such extension of the development agreement outweigh the impacts from the development authorized by the extension. In no case shall an extension include the extension of provisions that are inconsistent with state or federal law at the time of such extension. Any request for a modification shall be consistent with the city's development regulations applicable to the property at the time of the request, not the original execution date of the development agreement. Any extensions granted shall be for no more than a length of 10 years. No more than two extensions of up to 10 years shall be granted. Extensions may not be granted unless an application for an extension is made no later than 180 days prior to the termination date in the development agreement or prior to the termination of any extension of a development agreement. SECTION 3. Section 20.132.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.132.060 Master sign plans. (1) Approval Required. Before the city will issue any sign permit relating to space in a proposed new mixed use, nonresidential, multitenant building(s), or multitenant site development, the city must first approve a master sign plan for the building(s) and/or site development. In addition, a master sign plan may be voluntarily developed and maintained by the owner or agent of any new or existing nonresidential use. As an alternative to the procedures included in this section, an applicant may apply for approval under the development agreement procedures under chapter 20.26 POMC. If a development agreement is utilized. then the development agreement procedures shall replace the procedures in this section, provided, however, that the applicant will still provide the information listed in subsection 3 below as part of the review under the development agreement procedures. (2) Review Procedures. A master sign plan is a Type I permit per POMC 20.22.030. The community development director shall make the decision on the master sign plan without a hearing. Refer to Chapter 20.24 POMC for application, review and approval procedures. 1761272.1 - 366922 -0021 Ord. XXX-23 Page 7 of 8 (3) Application Requirements. A complete master sign plan application shall consist of the following: (a) A complete master sign plan application, including the applicant's name, address, phone number and email address. If the applicant is not the property owner(s), then the property owner(s) must be identified and the application must include an affidavit from the property owner(s), verifying that the property owner(s) has given permission to the applicant for the submission of the master sign plan application. No sign may be placed upon real property without the consent of the real property owner(s); (b) A site plan drawn to legible scale, indicating the location of all buildings, driveways and pavement areas, landscape areas, abutting streets and proposed freestanding signs on the site; (c) Elevation drawings of each building on a site that indicates proposed sign locations on each of the buildings; (d) Maximum allowable signage on each elevation based upon a five percent calculation of all facades; (e) The master sign plan application shall identify the sign features and sign types proposed to be used on each building and the proposed location. In addition, a statement shall be included which describes the manner in which the building or site owner wishes to allocate allowable signage among tenants and where specific tenant signage shall be located; (f) A narrative description of the development to demonstrate that the master sign plan meets the required design standards of this chapter; and (g) Fees. Payment of the appropriate fee for a master sign plan. (4) Criteria for Approval. All signs in the master sign plan must meet the criteria for approval in POMC 20.132.050, Sign permits. In addition, all of the signs in the master sign plan: (a) Shall be architecturally similar and visually related to each other through the incorporation of common design elements. Up to two sign types may be used on any one building. All sign cabinets, trim caps and all sign supports such as poles and braces shall be of a common color; (b) Shall be architecturally integrated with the buildings included in the master sign plan; and (c) Must not obscure the view of other signs which are consistent with this chapter. (5) Notice of Final Decision. See POMC 20.132.050, Sign permits. (6) Expiration of Master Sign Plan. Once a master sign plan is approved, the signs depicted in the approved plan must be installed within 180 days or the master sign plan will expire. The director may grant a 180-day extension to the master sign plan if such a request is made in writing prior to the expiration of the master sign plan and provided that the sign plan remains consistent with the sign 1761272.1 - 366922 -0021 Ord. XXX-23 Page 8 of 8 regulations. Building permits and street use permits for any signs shown in the master sign plan shall expire in accordance with other applicable code provisions. No sign may be erected under an expired master sign plan, even if the associated sign permit, building permit or street use permit has not expired. (7) Amendment to Master Sign Plan. An application for an amendment to an approved master sign plan may be made at any time, subject to the same limitations, requirements and procedures as those that apply to an original application in this section. Tenants whose signs are included in the amendment application need the property owner's consent to file such application. In order to approve any such amendment, the director shall consider the existing signs on the building(s) subject to the approved plan when determining whether the application meets the criteria for approval in subsection (4) of this section. SECTION 4. Severability. If any sentence, section, provision, or clause of this Ordinance or its application to any person, entity or circumstance is for any reason held invalid or unconstitutional, the remainder of the Ordinance, or the application of the provision to other persons, entities, or circumstances is not affected. 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. Publication and Effective Date. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this ***th day of *** 2023. Robert Putaansuu, Mayor FA19:►119 Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: 1761272.1 - 366922 -0021 Ord. XXX-23 Page 9 of 8 Charlotte A. Archer, City Attorney , Councilmember PUBLISHED: EFFECTIVE DATE: 1761272.1 - 366922 -0021 CITY OF PORT ORCHARD DEPARTMENT OF COMMUNITY DEVELOPMENT 216 Prospect Street, Port Orchard, WA 98366 Ph.: (36o) 874-5533 • FAX: (36o) 876-4980 PLANNING COMMISSION STAFF REPORT Agenda Item No: 5c Housing Action Plan — Subject: Existing Conditions Report Presentation Meeting Date: February 7, 2023 Prepared by: Nick Bond, AICP, Development Director Issue: The City of Port Orchard is currently developing a Housing Action Plan (HAP) to identify strategies, actions, and policy tools to create enough housing options to meet community needs. A Housing Action Plan is a policy document with a set of steps for the City to support and encourage new housing production that meets local housing needs for residents of all income levels. The HAP uses an equity lens to develop clear, actionable strategies to meet current and future housing needs. Port Orchard received a grant from the Washington State Department of Commerce to develop this HAP to address current and future housing needs. The Existing Conditions Report reveals that housing production in Port Orchard falls short of what is needed, putting pressure on housing prices, rents and limiting housing options for Port Orchard's lowest - income households. The current housing inventory is mostly comprised of single-family housing units, which may not match the needs of the community, but recent permitting activity shows gains in multifamily development. Housing costs are rising more quickly than incomes, so households across income levels are impacted by the lack of diverse and affordable housing options. Recommendation: N/A. Suggested Motion: N/A Attachments: City of Port Orchard Housing Action Plan Existing Conditions Report. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Resort Agenda Item No.: 5d Meeting Date: February 7, 2023 Subject: An Ordinance Adopting the City's Prepared by: Nick Bond 2023 Stormwater and Watersheds DCD Director Comprehensive Plan Atty Routing No.: NA Atty Review Date: NA Summary: The City has chosen to develop and implement its first surface and stormwater comprehensive plan with a focus on watersheds spanning the landscape and stormwater influence on water resources. This approach recognizes the ecosystem function and value of receiving waters and creates a plan to accommodate future growth, correct existing flooding problems, involve the public, preserve functioning habitat, and enhance habitat where opportunities are found. This Plan sets a course for stormwater programs and capital projects and addresses current and anticipated regulatory requirements, future development, existing flooding and water quality concerns, infrastructure maintenance and management, and the resources needed for the City to fully implement this Plan. Recommendation: The Planning Commission should review the final stormwater comprehensive plan prior to scheduling a public hearing. Staff recommends that a public hearing be scheduled for March 7, 2023 on the proposed amendment.. Motion for consideration: "I move that the Planning Commission recommend approval of an ordinance adopting the 2023 Stormwater and Watersheds Comprehensive Plan, as presented to the City Council." Attachments: 1. 2023 Stormwater and Watersheds Comprehensive Plan