03 March 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, March 7, 2023 — 6:00 pm
*** Attendees and Planning Commissioners may attend in person at City Hall or via Zoom***
Join Zoom Meeting, Public Link: https://us02web.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 February 7, 2023. (Attachment)( ACTION)
5. Business Items:
a) Elect Chair and Vice Chair
b) PUBLIC HEARING: LR23-PLAN-02 - 2023 Comprehensive Plan Amendments (ACTION)
In compliance with POMC 20.04.070 the Planning Commission is to provide a recommendation, by
Resolution, to the City Council prior to June 30, 2023, regarding the proposed Comprehensive Plan
amendments. The City initiated one amendment to the Comprehensive Plan for the 2023 Comprehensive
Plan amendment process.
i. 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 I (RI).
Staff Contact: Jim Fisk, Senior Planner
c) PUBLIC HEARING: LR23-CODE AMENDMENT-01— Development Agreement and Sign Code
(ACTION)
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
d) DISCUSSION: Director's Report
Staff Contact: Nick Bond, Community Development Director
6. Adjourn
Next Planning Commission Meeting — April 4, 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
February 7, 2023
Hybrid Zoom Teleconference
COMMISSIONERS:
Present: Annette Stewart, Bek Ashby, Joe Morrison, Tyler McKlosky, Dave Bernstein, Stephanie
Bailey, and Paul Fontenot.
Absent: N/A
STAFF:
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 Mcklosky, Commissioner Bernstein, Commissioner Bailey,
Commissioner Morrison and Commissioner Fontenot and present City staff members, 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. There
were no comments from the public regarding issues not on the agenda.
4. APPROVAL OF MINUTES FROM DECEMBER 6, 2022: Commissioner Ashby made a motion to approve
the minutes as presented from the December 6th meeting. Commissioner Bailey seconded the motion.
The motion passed unanimously.
5. BUSINESS ITEMS:
A. DISCUSSION: LR23-PLAN-02 — 2023 COMPREHENSIVE PLAN AMENDMENTS
Senior Planner, Jim Fisk, shared that Port Orchard Municipal Code (POMC 20.04) outlines
guidelines for amending the City's Comprehensive Plan. The City annually processes amendments
both applicant initiated or City initiated. This year, the City initiated one Comprehensive Plan
amendment by the January 3 Pt deadline. The City did not receive any other Comprehensive Plan
amendment requests. The City initiated amendment includes the Director's recommended
Comprehensive Plan Docket. Specifically, the amendment would re -designate properties along
Meline Rd from Commercial to Low -Density Residential.
Fisk states that the area is predominately developed with detached houses and land uses. The
current designation of Commercial and associated Commercial Mixed Use (CMU) zoning is
problematic for property owners as the existing structures and uses do not conform to the current
zoning. POMC 20.54, Nonconformities, provides limitations on nonconforming structures and
uses, and in some instances, may even prohibit the redevelopment of a use or structure in the event
of destruction. The redesignation to Residential would correct nonconforming issues allowing
property owners to make improvements outside of the scope of maintenance, or in the event of
destruction, the ability to rebuild their homes. Additionally, access to the properties likely reduces
the feasibility or desirability of commercial uses that may be permitted in the CMU zoning district.
Access to these properties is by Dogwood Rd, a rural road, and Sidney Road within Kitsap County.
Infrastructure in the area is deficient to support commercial use and would likely require a
significant financial investment.
Fisk states that Staff intends to present the Director's recommended Comprehensive Plan docket to
City Council in February and asks the Planning Commission to hold a public hearing at the March
71h meeting.
The public hearing is scheduled for the March 7"', 2023, Planning Commission meeting.
B. DICUSSION: LR23-CODE AMENDMENT-01— DEVELOPMENT AGREEMENT AND SIGN CODE
Senior Planner Jim Fisk shared that 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.
Fisk states that Staff intends to present the draft ordinance to City Council in February and asks the
Planning Commission to hold a public hearing at the March 7th meeting.
The public hearing is scheduled for the March 71h, 2023, Planning Commission meeting.
C. DISCUSSION: HOUSING ACTION PLAN
Senior Planner Jim Fisk shared a presentation of the existing condition report prepared for the
Housing Action Plan.
D. DISCUSSION: LR23-PLAN-01- 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.
E. DISCUSSION: DIRECTOR'S REPORT
Senior Planner Jim Fisk shared a `Director's Report' outlining the work of the Planning
Commission over the last year and updating commissioners on the adoption of the following items:
Cell Tower Development Regulations, 2022 Comprehensive Plan Amendments, Isolated Wetland
Definition, Stormwater Code Revisions, Accessory Dwelling Units — Owner Occupancy,
Accessory Structure Setbacks, Housekeeping Ordinance, Subdivision Entry Signage, the Public
Participation Program for the 2024 Comprehensive Plan Update. Lastly, Fisk shared a summary of
the recently held 2024 Comprehensive Plan Periodic Update Open House.
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F. DISCUSSION: OPEN PUBLIC MEETINGS ACT (OPMA) AND PUBLIC RECORDS ACT
(PRA) TRAINING
Assistant Planner, Josie Rademacher, shared that in an effort to improve our process for the
Planning Commission, Staff has created an onboarding checklist for new and or existing Planning
Commissioners to reference and give background and context to the information they will be
reviewing over their term. Additionally, Rademacher states that required OPMA and PRA
trainings may be need to be completed because they were either never done, or have expired.
ADJOURN: Chair Stewart adjourned the meeting at 7:19 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) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(b) Meeting Date: March 7, 2023
Discussion Revisions to POMC
20.26.020 and 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 by 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.
Staff discussed the revisions to POMC 20.26.020 and 20.132.060 with the Land Use Committee on January
25, 2023 where the Committee directed staff to continue with the current proposal as drafted and
subsequently introduced the item to the Planning Commission at the February 7 Planning Commission
meeting. Staff notified the Department of Commerce of the proposed changes after the issuance of a SEPA
Determination of Nonsignificance on February 8, 2023.
Public notice for the tonight's public hearing was properly noticed consistent with the requirements of
POMC 20.25 on February 21, 2023. As of the date of Report preparation, the Department of Community
Development has not received comments regarding the proposed code amendment.
The proposed language to be included in the ordinance, are presented for the Planning Commission's
review and recommendation to the City Council.
Recommendation: Staff recommends approval of the proposed amendments to POMC 20.26.020 and
20.132.060.
Suggested Motion: "I move to recommend that the City Council approve an ordinance amending Port
Orchard Municipal Code 20.26.020 and 20.132.060, as presented."
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
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Ord. XXX-23
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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;
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Ord. XXX-23
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(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;
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Ord. XXX-23
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(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
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Ord. XXX-23
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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
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Ord. XXX-23
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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.
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Ord. XXX-23
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(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
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Ord. XXX-23
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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:
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Ord. XXX-23
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Charlotte A. Archer, City Attorney , Councilmember
PUBLISHED:
EFFECTIVE DATE:
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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(c)
2023 Comprehensive Plan
Subject: Amendments
Meeting Date: March 7, 2023
Prepared by: Nick Bond, Development Director
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.
Consistent with the requirements of POMC 20.04.060 the Port Orchard City Council adopted the Comprehensive
Plan Amendment at the February 14, 2023 City Council meeting. Upon adoption of the final docket by City
Council, the City of Port Orchard's SEPA Responsible Official issued a Determination of Nonsignificance and
submitted the proposed Comprehensive Plan amendment to the Washington Department of Commerce for
review on February 15, 2023.
At the February 7.2023 Planning Commission meeting staff was directed to schedule a public hearing for the
March 7, 2023 Planning Commission meeting. Public notice for the tonight's public hearing was properly noticed
consistent with the requirements of POMC 20.25 on February 21, 2023. Additionally, notice of tonight's public
hearing was provided via US Mail to property owners within 300 feet of the subject properties.
As of the date of Report preparation, the Department of Community Development has seven letters and one e-
mail in support of the proposal. However, the comments request the zoning designation of the properties be
Residential 2 which would require a Comprehensive Plan Designation of Medium Density Residential. The
Residential 2 district allows more missing middle housing options than does the Residential 1 district such as
duplexes and townhomes. While the City supports the development of missing middle housing types, the
Medium Density Residential Comprehensive Plan designation would allow Residential 3 zoning through a site -
specific rezone and would then allow apartment buildings and more intense residential development than what
may be supported by existing infrastructure.
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: Staff recommends approval of the proposed Comprehensive Plan amendments.
Suggested Motion: "I move to recommend that the City Council approve an ordinance adopting the 2023
Comprehensive Plan amendment, as presented."
Attachments: Exhibit A — Maps, Comments
2
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2021 COMPREHENSIVE PLAN
INSET MAP
Greenbelt
Low -Density Residential
Medium —Density Residential
High -Density Residential
Commercial
Urban Industrial
Public and Community Spaces
Urban Growth Area
Port Orchard UGA
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
W
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Date Saved: 2/9/2023 10:50:51 AM
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CITY OF PORT ORCHARD
2023 COMPREHENSIVE PLAN
INSET MAP
Greenbelt
Low -Density Residential
Medium —Density Residential
High -Density Residential
Commercial
Urban Industrial
Public and Community Spaces
Urban Growth Area
Port Orchard UGA
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
W
N
S
E
Date Saved: 2/9/2023 10:50:51 AM
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CITY OF PORT ORCHARD
2021
Zoning Map
Ruby Creek Overlay District (See POMC 20.38.300)
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Zoning Designation
Greenbelt (GB)
Residential 1 (R1)
Residential 2 (R2)
-
Residential 3 (R3)
-
Residential 4 (R4)
i
Residential 6 (R6)
a LIPPE�RT GAAAT LL' �� LORILINDAKERRI g Q � YORKSHIR Neighborhood Mixed Use (NMU)
z GP*LYMOUTH > SUMMER J
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w 1 m COPPER ��, Civic and Institutional (CI)
— Parks and Recreation (PR)
Public Facilities (PF)
Urban Growth Area
Port Orchard UGA
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use. N
This map is not a substitute for field survey.
City of Port Orchard Official Zoning Map as adopted
by Ordinance 0" 21 on ****, 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:.
Charlotte A. Archer, City Attorney-- --
Sponsored by:
Scott Diener, Councilmember
PUBLISHED: ***, 2021
EFFECTIVE DATE: ****, 2021
VAN
E
The official signed Zoning Map may be viewed at the City Clerk's office. Date Saved:
1 2/27/202 1 2: 1 2: A 2 PM
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CITY OF PORT ORCHARD
2021 ZONING INSET MAP
Zoning Designation
Greenbelt (GB)
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
EL Residential 4 (R4)
Residential 6 (R6)
Neighborhodd Mixed Use (NMU)
Business Professional Mixed Use (BPMU)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Commercail Corridor (CC)
Commercial Heavy (CH)
Industrial Flex (IF)
Light Industrial (LI)
Civic and Institutional (CI)
Parks and Recreation (PR)
Public Facilities (PF)
Urban Growth Area
Port Orchard UGA
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
W
N
S
E
Date Saved: 2/9/2023 10:50:51 AM
CITY OF PORT ORCHARD
2023 ZONING INSET MAP
Zoning Designation
Greenbelt (GB)
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
EL Residential 4 (R4)
Residential 6 (R6)
Neighborhodd Mixed Use (NMU)
Business Professional Mixed Use (BPMU)
Commercial Mixed Use (CMU)
Downtown Mixed Use (DMU)
Gateway Mixed Use (GMU)
Commercail Corridor (CC)
Commercial Heavy (CH)
Industrial Flex (IF)
Light Industrial (LI)
Civic and Institutional (CI)
Parks and Recreation (PR)
Public Facilities (PF)
Urban Growth Area
Port Orchard UGA
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
W
N
S
E
Date Saved: 2/9/2023 10:50:51 AM
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
Dennis and Teresa Bryant CF/
640 SE Meline Rd
Port Orchard Wa 98367
Parcel #112301-3-011-2006
mmm�
February 2., 2023 Re: SE Mtclinc Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of Me City of Pm t Orchard
Swphsnie Andrews, Senior P'taimier of The City of Parr Orchard
We support the City of Port orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential. Use).
Parcel #112301-3-047-2004
Chapter 20.34
RESIDENTIAL DISTRICTS
Sections:
MUM Residentia.11i(Rl).
20.34.020 Residential 2 (R2).
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
Jesse Steve 5-
710 SE Meline Rd
Port Orchard Wa 98367
Parcel #112301-3-005-2004
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
Brian and Amy Smalley
581 SE Meline Rd.
Port Orchard Wa 98367
Parcel #112301-3-009-2000
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
Dorothy Hilliard
652 SE Meline Rd
Port Orchard Wa 98367
Parcel #112301-3-008-2001
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
Jack Cook
5759 Dogwood Rd SE
Port Orchard Wa 98367
Parcel#4800-00-023-0106
February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE
Nicholas Bond, AICP Development Director of The City of Port Orchard
Stephanie Andrews, Senior Planner of The City of Port Orchard
We support the City of Port Orchard's proposal to Rezone our Parcel from
CMU (Commercial Mixed Use) to R2 (Residential Use).
Respectfully submitted,
/0�0— po,�2�
Jason Powell
701 SE Meline Rd
Port Orchard Wa 98367
Parcel #112301-3-003-2006
From: Harold Hord <harold97531@gmail.com>
Sent: Friday, February 24, 2023 8:12 AM
To: Planning Mailbox
Subject: Meline rd rezone
Port orchard planning, I believe rezoning the property to res 2 from the commercial zoning that it is now
would be a more fluid transition giving the property owners more flexibility and accommodate
everyone's needs. At this time I'm strongly against my property being rezoned to Res 1 and wish port
orchard highly consider the Res 2 option. Thank you for allowing my input. Harold Hordyk parcel
#112301-3-012-2005