03/29/2023 - Packet, RevisedCity of Port Orchard
Land Use Committee
March 29, 2023 4:30 pm
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Zoom Webinar Public Link (not to be used bV LU Committee):
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AGENDA
1. Discussion: Housing Action Plan
2. Discussion: Planning Commission Rules, POMC 2.20
3. Discussion: April Meeting Date
4. Discussion: Blueberry Apartments Development Agreement
Agenda Item No.: Business Item **
Subject: Draft Housing Action Plan
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Staff Report
Meeting Date:
March 29, 2023
Prepared by:
Nicholas Bond, AICP
DCD Director
Atty Routing No.:
NA
Atty Review Date:
NA
Issue: A draft Housing Action Plan is nearly ready for public release but was not available for inclusion in the
Land Use Committee meeting packet. If the draft plan becomes available prior to the Land Use Committee
meeting, it will be sent to the committee via email. Even though the report is not quite finished, we wanted to
share some preliminary recommendations from the report.
The HAP will be organized by broader strategy sections including Background, Regulatory, Programmatic,
Citywide Planning, and Funding strategies. Implementation of the recommendations in the report will likely
proceed on a piecemeal basis with some actions that can be considered immediately and others that may
require significant public outreach or which may need to be incorporated into the Comprehensive Plan Update.
1— Background Information:
1.X — Project Purpose: This section summarizes the Project's Purpose.
1.X — Housing Needs: Relies heavily on the Existing Conditions Report to demonstrate the need for the
Plan. Provides description of current, historic and forecasted growth rates while describing the socioeconomic
status of community households and comparisons to County and Statewide data. This section will describe
housing affordability in the community.
1.X— Racially Disparate Impacts: This Housing Action Plan provides a number of strategies to address
most of these issues, which focus on easing regulations and streamlining standards to make it easier to build
middle housing and multifamily housing in more locations.
1.X — Public Engagement: This section summarizes Public Engagement efforts and documents results.
1.X—State Law Updates: Port Orchard should anticipate state preemption on several common types of
development regulations which have some of the greatest impacts on housing affordability and site -specific
feasibility. This section recognizes the current legislative session's work related to housing.
2 — Regulatory Strategies: The City's development regulations influence the form housing takes in the City. This
section identifies potential barriers to housing development and suggests actions which may remedy some of
that.
2.1—Allowed Uses
2.1.X — R2 Zone: Port Orchard: This section identifies R2 as the predominant district in Port
Orchard and suggests allowing multifamily dwellings (3 or 4 units) by right.
2.1.X— BPMU and NMU Zones: Suggests allowing apartments as a building type in these
districts.
2.1.X — Single Room Occupancy Housing: Suggests streamlining standards for single -room
occupancy (SRO) housing and addressing congregate living facilities.
2.1.X—Adult Family Homes: Suggests updating the standards and definition under POMC
20.39.100(10) to be consistent with state legislation passed in 2020.
2.1.X — Supportive Housing: Port Orchard's current regulations are consistent with RCW
35A.21.430, but Gateway Mixed Use district should be updated to allow permanent supportive housing
or transitional housing. Also suggests updating the design standards applicability to supportive housing
uses.
2.2 — Building Types: Suggests some simplification to this section and incorporation of some of the
dimensional requirements into the land use and residential design standards. This suggested edit is intended to
make this section more user friendly.
2.2.X — Adjust Cottage Court Standards: Suggests removing the minimum site size, adjusting the
minimum courtyard size standards, and allowing duplex cottages.
2.2.X — Consolidate Duplex Types and Standards: Suggests consolidating "Duplex: Side -by -Side",
"Duplex: Back -to -Back", and "Attached House" into a single building type called "Duplex."
2.2.X — Rename the Fourplex Type: Suggests renaming this building type as the building type
allows three units which is misleading.
2.2.X — Adjust Townhouse Type Standards: Suggests removing the minimum site size and width,
not requiring townhomes to be on their own lots, and allowing townhouses to be narrower than 20 feet
2.2.X — Consolidate the Live -Work Type: streamlining the code and integrating this building type
into the townhouse building type.
2.2.X — Adjust Shopfront House Standards: Suggests increasing the number of dwelling units
permitted on a Lot to create flexibility.
2.2.X — Building Height: Suggests removing building type height limits and relying solely on the
zoning regulations to address height limits.
2.2.X — Ground Floor Elevation: Suggests removing minimum ground floor elevation from every
building type.
2.2.X — Blank Walls: Suggests removing blank wall regulations from Building Type section and
rely on design standard sections.
2.3 — Adjust Form & Intensity Standards
2.3.X—Adjust Minimum Lot Dimensions: Suggests regulating minimum lot width by zone and
alley access rather than by building type. This is intended to streamline standards and promote fairness
in how middle housing is treated.
2.3.X—Adjust Height Limits and Add Affordable Housing Bonuses: Suggests building height limit
increases to increase the economic feasibility of multifamily and mixed -use development. New bonus
height limits associated with the multifamily tax exemption (MFTE) program can also be used to
incentivize greater production of multifamily housing generally and affordable (subsidized) housing.
2.3.X—Add Minimum Density and Housing Mix Requirements: Suggests creating a minimum
density requirement to leverage public infrastructure investments and maximize the efficiency of land
where compact and walkable development is desired.
2.3.X — Religiously -Owned Land Density Bonus: Suggests to be consistent with state
requirements, implementing an update to underlying zoning, creation of a new overlay zone, or
property -specific development agreements to allow density bonuses to religiously owned land.
2.4 — Adjust Other Standards
2.4.X — Family Definition: Suggests amending the definition of "family" under POMC 20.12.010
to be consistent with state law RCW 35A.21.314.
(1) A group of ^^* m^-- *"^^ four related and unrelated adults and their related minor
children, but net t ead a t t l f gtit - i, ted and . in elated p ns;
2.4.X — Usable Residential Open Space: Suggests minor adjustments to improve the clarity of the
open space standards for multifamily and mixed -use housing developments.
2.4.x — Elevator Penthouse: Suggests increasing height limit exceptions for elevator
infrastructure.
2.4.X — Parking Lot Landscaping: Suggests reducing and simplifying minimum planting area
widths to allow more efficient use of land in POMC 20.128.070(3)
2.4.X — Service Areas and Mechanical Equipment: Suggests minor clarifications to be made
about applicability to offer some more flexibility under POMC 20.127.360.
2
2.4.X — Building Materials: Suggests updating POMC 20.127.450(2) to clarify the applicability of
durable materials on the ground floor.
2.4.X — Blank Wall Standards: Suggests updating the applicability for blank wall treatment
standards to reduce construction cost impacts
3 — Programmatic Strategies
3.1 - Anti -Displacement Strategies: Suggests adopting local tenant protections and consider other
regulatory and programmatic anti -displacement actions to improve the stability of renter households.
3.1.X — Local Tenant Protections: Suggests a menu of options as a basis for continued discussion
by decision makers.
3.1.X - Other Anti -Displacement Strategies: Suggests strategic acquisition of existing multifamily
housing in coordination with Housing Kitsap, tenant legal services, programs for tenant opportunities to
purchase, rental assistance programs, housing rehabilitation, and other similar programs.
3.2 — Homelessness Strategies: Suggests strengthening coordination between the City and local
homelessness support services and adopt a "Housing First" approach.
3.2.X — Coordination: Suggests continuation of working with Kitsap County and service providers
to provide outreach and offers for service and shelter for homeless individuals
3.2.X—Adopt a "Housing First" Approach: Suggests eliminating bureaucratic steps and places no
criteria on sobriety, employment, criminal history, or completing a religious program before individuals
are moved into a home. Decades of research have found that helping homeless people move off the
street and into a home of their own is the most effective way to reduce long-term (chronic)
homelessness for the most vulnerable people.
3.3 - Support Staffing Needs: Suggests funding, recruiting and hiring a housing coordinator to help
implement the HAP, connect and collaborate with housing stakeholders, and promote more market -rate and
affordable housing development in Port Orchard.
4 — Citywide Planning Strategies: Suggests actions related to the City's budget and updating the Comprehensive
Plan.
4.X — Housing Element Updates: Suggests in the next Comprehensive Plan update, update the Housing
Element to support the actions of the HAP and integrate new provisions required by state law.
4.X — Land Use Element Updates: Suggests reviewing the Land Use Element for potential updates on the
following issues.
4.X.X — Corridor Zoning: Suggests reviewing the balance between residential and commercial
land capacity and adjust the future land use map.
4. X.X — Commercial Uses in Residential Zones: Suggests reviewing the opportunity for allowing
small neighborhood commercial uses in residential neighborhoods.
4. X.X — Parking: Suggests reviewing the need for minimum parking requirements citywide and
review national case studies for best practices.
4.4 — Public Land for Affordable Housing: Suggests the consideration of rezonings, environmental
assessments, pre -development activities, and partnerships to promote use of surplus public land for affordable
housing.
4.4.X — Disposition Policy: Suggests formally adopting a surplus land disposition policy that gives
the right -of -first -refusal to affordable housing developers or other community -determined uses.
4.4.X — Land Acquisition: Suggests the City identify and purchase underutilized or vacant
properties that can be developed as affordable housing.
5 — Funding Strategies: Suggests actions related to the financing and funding of affordable housing and related
issues like taxes, fees, and state law.
5.1 - Multifamily Tax Exemption Program
3
5.1.X— MFTE Overview: Suggests updating the MFTE program based on increased developer
interest in multifamily and mixed -use projects to streamline requirements, balance affordability and
foregone tax revenue, and take advantage of increased flexibility in statewide legislation.
5.1.X — Recommendations: Suggests —
• Clarification of map and zoning of areas of MFTE eligibility,
• Correcting definition of underutilized buildings,
• Adding minimum density in units per acre to multifamily and mixed -use zones,
considering changes to the method of income calculations for affordable units and
conduct an audit of the program,
• Considering removing transit proximity for affordable units,
• Considering a height bonus for MFTE developments,
• Streamlining requirements for Type 3 program,
• Reducing the minimum number of units required for participation, and
• Considering adding a 20-year MFTE program
5.X — Development Fee Adjustments: Suggests adjusting development fees for 2-4 unit buildings and
some fee discounts for affordable housing while continuing to offer sewer and water exemptions for small
ADUs.
5.X — Local Bank Funding: Suggests encouraging local banks to create a fund for affordable housing
finance
5.X—Tax Increment Financing: Suggests exploring the potential to use Tax Increment Financing (TIF) for
identified sites and projects in the Downtown and Waterfront areas.
5.X — Funding for ADU Development: Suggests exploring the possibility of partially financing or
streamlining ADU development and permitting processes, particularly for lower -income homeowners.
5.X — Transit and Sidewalk Funding: Suggests evaluating expansion of the transportation benefit district
to increase funding for transportation projects connecting housing to services.
5.X — State Advocacy: Suggests advocating for additional state investment in the Housing Trust Fund,
condominium law reform, and Growth Management Act updates.
6 — Implementation: Suggests a planning matrix organizing the actions of the HAP. The City Council and Mayor
will be involved in most or all action implementation through ordinances, resolutions, budgeting, and
partnerships with other agencies.
6.X— High Priority Implementation: Identifies issues of high priority for implementation within the next
12 months.
6.X — Monitoring: Suggests developing a monitoring program to measure and report on outcomes
related to housing actions.
4
Port Orchard
Housing Action Plan
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First Draft - March 28,, 2023
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023
Thank You
Special thanks to the Port Orchard community for sharing your time, knowledge, and energy to
shape this housing action plan that meets your needs and interests.
Mayor
Robert Putaansuu
City Council
Fred Chang
John Clauson
Shawn Cucciardi
Scott Diener
Cindy Lucarelli
Jay Rosapepe
Mark Trenary
City Staff
Nick Bond, Director of the Community Development Department
Jim Fisk, Senior Planner
Josie Rademacher
Jacob Miller
Consultant Team
MAKERS Architecture & Urban Design: Bob Bengford, Scott Bonjukian, Markus Johnson
Leland Consulting Group: Chris Zahas, Andrew Oliver
Stakeholder Organizations Interviewed
Port Orchard City Council and Mayor
Kitsap Housing Authority
Disney & Associates
Port Orchard Chamber of Commerce
Tarragon
Contour Construction
McCormick Communities
Washington State
This plan was supported by a Department of Commerce grant for cities to support housing
affordability.
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 3
Contents
Table of Contents
Executive Summary ....................
1 - Background Information......
2 - Regulatory Strategies...........
3 - Programmatic Strategies ....
4 - Citywide Planning StrategieE
5 - Funding Strategies ...............
6 - Implementation ....................
Abbreviations
ACS. American Community Survey, an annual product of the U.S. Census Bureau.
ADU. Accessory dwelling unit.
AMI. Area median income.
CHAS. Comprehensive Housing Affordability Strategy, a product of the U.S. Department of
Housing and Urban Development.
GIS. Geographic information system.
GFC. General facilities charge.
HAP. Housing Action Plan.
HUD. U.S. Department of Housing and Urban Development.
LEHD. Longitudinal Employer -Household Dynamics, a product of the U.S. Census Bureau.
MFTE. Multifamily tax exemption program.
MSA. Metropolitan Statistical Area.
OFM. Washington State Office of Financial Management.
POMC. Port Orchard Municipal Code (city law).
RCW. Revised Code of Washington (state law).
4
6
.13
.26
.36
.44
.52
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 4
Executive Summary
[TO BE COMPLETED]
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 5
Housing Actions and Strategies
The housing actions are organized by broader strategy sections of this plan. The
implementation timeline is an estimate of how long it will take to implement an action. There
are also many sub -sections which may require different timelines if additional community
outreach is needed, alignment with the City's annual budget process is necessary, or there is a
desire to roll policy updates into the next major Comprehensive Plan update. See Section 6 for
more details on implementation priorities.
• • •Priority
Regulatory Strategies
Programmatic Strategies
Citywide Planning Strategies
Funding Strategies
Next Steps
[TO BE COMPLETED]
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 6
1- Background Information
1.1 - Project Purpose
PLACEHOLDER
1.2 — Housing Needs
A summary of Port Orchard's current and future housing needs is provided below. For more
detail, refer to the complete HAP Existing Conditions and Housing Needs Analysis Report in the
Appendix.
Port Orchard is a fast-growing community with a 2022 population estimate of 16,400 and a
2044 population target of 26,087 residents.' The city has grown on average 4 percent annually
since 2000 and is expected to grow at a rate of close to 3 percent over the next 20 years
(excluding possible annexations), potentially exceeding countywide growth targets. Some of the
city's growth has been due to annexations in the 2000s, but the continued forecast for rapid
growth, as well as decreasing vacancy rates over the past decade, suggests an ongoing
demand for housing in Port Orchard.2
Current permitting data indicates that housing in Port Orchard is being produced at a rapid
rate.ln total, 5,198 units are in some stage of permitting citywide, and 2,482 of those units are
planned to be completed between 2022 and 2024, of which 45 percent will be multifamily units.'
This high rate of housing production will nearly double the city's housing inventory within the
next several years. Even with this high rate of production, prices are still increasing as detailed
below.
About 60 percent of Port Orchard households are homeowners and 40 percent are renters.
Nearly 70 percent of households are family households, and the average household size is 2.4
people.4 As shown below in Figure 1, there is a mismatch between household size and housing
unit size, with larger housing units available compared to household sizes. This shows a need
for increased supply of smaller housing units to better serve the variety of household sizes in
the city.
1 2022 Population: Washington Office of Financial Management Postcensal Population Estimate. 2044 Population
Target: Kitsap County Countywide Planning Policy Update, 2022.
2 Census -reported rental vacancy rates have declined from 7.8% to 5.8% between 2010-2020, CoStar, a commercial
real estate database, showed multifamily rental vacancy rates declining from 6.5% to 3.5% between 2012 and 2022.
3 City of Port Orchard Permit Data
4 2020 American Community Survey Five -Year Estimates, Tables S2501, DP04.
Port Orchard Housing Action Plan — June 2023 1 DRAFT -March 28, 2023 Page 7
Household Size
Housing Unit Size
Studio / 1
bedroom
10.
bedrooms
3-person
household
16°i° 2-person
household 3
A& 34°i° bedrooms
41%
Figure 1. Household Size and Housing Unit Size in Port Orchard, 2020. Source: 2020 American
Community Survey 5-Year Estimates, Tables S2501 DPO4
Port Orchard's median household income (MHI) was $71,789 in 2020. This is $7,250 less than
the Kitsap County median, though it has increased 21 percent since 2010 - a higher rate than
county and statewide income increases over the same period. However, this increase was
much more pronounced for homeowner households than renter households.' Overall, about
eight percent of Port Orchard residents earn under $10,000 per year, compared to four percent
countywide, and over a quarter of renters earn under 30 percent of the median family income
(MFI).6 Lower -income Port Orchard residents face significant challenges paying for housing -70
percent of households earning under 30 percent of the MFI spend more than half of their
income on housing costs, and 75 percent of households earning between 30 and 50 percent of
the MFI spend over 30 percent of their income on housing costs.' This shows a need for deeply
subsidized housing for Port Orchard's lower -income residents, corroborated by stakeholders
who described over 1,000 people on the waiting list for housing vouchers administered by the
Kitsap Housing Authority.
In recent years, housing prices have risen rapidly in Port Orchard when compared with incomes,
as shown below in Figure 2. Rents increased 28 percent and home values increased 56 percent
between 2015 and 2020, compared to only a 15 percent increase in incomes over the same
period. This shows that housing has become more difficult to afford for the average Port
Orchard resident in recent years, a trend also seen across the country. As of 2020, the average
5 American Community Survey 2020 Five -Year Estimates, Table S2503, CPI Inflation Index
6 The Median Family Income for the Bremerton -Silverdale Metropolitan Statistical Area, as determined by HUD, was
$102,500 in 2022.
7 HUD Comprehensive Housing Affordability Strategy (CHAS), 2015-2019
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 8
Port Orchard household could afford a home worth about $303,012, but the typical home in the
city was worth 1.5 times as much, $468,702.8
70%
60%
50°i° /
40%
30°i°
20%
10%
0%
-10%
-20%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Median Gross Rent Zillow Home Value Index Median Household Income
Figure 2 Change in Home Prices, Rents, and Incomes in Port Orchard, 2010-2020. Source: Zillow,
American Community Survey 2020 5-Year Estimates, Table S2503, DP04, Leland Consulting Group
Kitsap County targets indicate that Port Orchard will see a demand for up to 4,804 new housing
units by 2044. Figure 3 shows the breakdown of these units by household income level, based
on Port Orchard's current income distribution. The breakdown of units by income is relatively
even. It includes about 1,000 units over the next two decades for the lowest -income
households which can only be met through regulated affordable (i.e., subsidized) housing, and
nearly 1,000 units for households earning between 50 and 80 percent of the AMI (often
referred to as "workforce" housing) which can be provided through a variety of channels
including subsidized units, vouchers, other incentive programs such as MFTE, and filtering9 of
existing units as new housing stock is built. There will also remain a demand for about 1,200
market rate housing units targeting households earning more than 120 percent AMI over the
next 20 years.
8 Home affordability calculated using Freddie Mac interest rate as of December 2022, Zillow home price data, income
data from 2020 American Community Survey 5-Year Estimates
9 "Filtering" refers to the process by which new housing units depreciate over time, becoming more affordable to
lower -income households as other new units are added to the supply.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 9
1,400
� 1,200
N
O
j 1,000
800
z 600
U)
400
a�
z 200
0-30 30-50 50-80 80-100 100-120 120+
% AMI
Figure 3. Housing Demand by Income Bracket in Port Orchard, 2022-2044. Sources: Leland Consulting
Group, 2020 American Community Survey 5-Year Estimates, Kitsap County Countywide Planning Policies
1.3 — Racially Disparate Impacts
While Port Orchard may not have explicitly racist policies in place today, many policies do have
racially disparate origins and impacts. The practice of zoning emerged in the early 1900's and
explicitly race -based zoning had to be banned almost immediately as a result of the 1917
Supreme Court case of Buchanan v. War/ey. After that decision, cities crafted less direct
methods to divide people by race and class with zoning policies that are still prevalent today.
The indirect methods largely rely on the differences of wealth, income, and tenure between
peoples' race and ethnicities. In Port Orchard, for example, 40% of all households are occupied
by renters. About 35% of White households are renters, while 58% of Hispanic and Latino
households and 88% of Native Hawaiian/Pacific Islander households are renters.10 Therefore,
policies that restrict the supply and price of rental housing have a disproportionate impact on
people of color. Further, almost half of all renter -occupied households are considered cost -
burdened, while just one in 10 owner -occupied households are considered cost -burdened.
70 Source: American Community Survey 2020 5-Year Estimates, B25003 Tables.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 10
All households
White Households
Asian households
Black households
Hispanic and Latino households
Other / Two or more race households
Native Hawaiian / Pacific Islander...
0% 20% 40% 60% 80% 100%
■ Rent ■ Own
Figure 4. Tenure by race. Source: ACS 2020 5-Year Estimates, Table B25003 series
A common form of rental housing is multifamily
(apartment) buildings, which are more limited in
where and how they can be built in Port Orchard
compared to where and how single-family homes
are regulated.
Zoning matters for social welfare because where
people live makes a difference. Neighborhood
quality can have significant effects on long-term
outcomes like school performance, income, labor
mobility, and health. It also contributes to the multi- Figure 5. Example of multifamily housing.
generational wealth gap if some people are not able
to purchase quality homes that increase in value as much over time as homes in higher -priced
neighborhoods, resulting in smaller inheritances for descendants.
People of color generally pay higher shares of their income for housing costs and have less
savings for down payments, meaning the home prices they can afford are lower or they are
forced to rent. Smaller homes which have lower costs are needed not only for people of color,
but also Port Orchard's large share of small households (56% of households are made up of one
or two people but only 37% of housing units are studio, one- or two -bedroom units).
Occasionally, larger multi -bedroom homes are good options for people who want to split costs
with extended family members or roommates, but apartments with three or more bedrooms are
rare and there are few shared -living options like cottage clusters or triplexes available.
Common racially disparate policies and practices at the local level include the following:
• Minimum lot sizes
Lack of available land zoned for multifamily housing and middle housing (like duplexes
and townhomes)
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 11
• Multifamily housing only allowed in busy
commercial districts, polluted industrial
areas, in hazardous areas like floodplains,
and/or near loud and unsafe arterial roads
• Multifamily housing not being allowed near
amenities like parks, schools, grocery
stores, and healthcare facilities
• Excessive minimum setbacks, building
height limits, parking standards, historic
preservation standards, and other
restrictions that limit the housing capacity
on individual sites, especially for multifamily and middle housing
• Excessive fees, complicated processes, and unclear regulations, especially for small
projects commonly undertaken by local homeowners and small investors like adding an
accessory dwelling unit or building a duplex
• Complete prohibitions on low-cost building materials
• Lack of trees and park space in areas near multifamily housing or neighborhoods with
lower incomes
• Lack of low-cost transportation options like pedestrian/bike routes and transit service
connecting multifamily housing to jobs and services
Racially disparate impacts are not limited to Port Orchard and this issue has been gaining
much -needed attention across the state and country, even earning a statement on zoning from
the White House. Other city -level racially disparate impacts have historically included redlining,
where people of color were not able to access loans and credit in certain neighborhoods;
highways built through communities of color; and disinvestment in infrastructure like transit,
schools, and parks in communities of color.
This Housing Action Plan provides a number of strategies to address most of these issues,
which focus on easing regulations and streamlining standards to make it easier to build middle
housing and multifamily housing in more locations.
1.4 - Public Engagement
[NOTE - SECTION TO BE COMPLETED TOWARDS END OF PROCESS]
The Housing Action Plan was informed by early and continuous public engagement.
Engagement was conducted to create a plan that meets the needs and interest of the Port
Orchard community. Key activities included:
• One-on-one interviews with X stakeholders
• Housing survey with 140 responses
• Public kickoff meeting and presentation at City Council (DATE)
• Check -in meeting with existing conditions and housing needs analysis at City Council
(DATE)
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 12
1.5 — State Law Updates
Port Orchard should anticipate state preemption on
several common types of development regulations which
have some of the greatest impacts on housing
affordability and site -specific feasibility. The rate of
preemption laws on peripheral housing issues has been
accelerating in recent years (documented in the HAP
Existing Conditions and Housing Needs Analysis Report) and several major bills were proposed
in the 2022 legislative session that will likely come around again (as of this writing, some similar
housing proposals have been pre -filed for the 2023 legislative session). In some respects,
Washington is following the lead of Oregon and California which have also passed major zoning
preemptions over the last several years.
In particular, there is a statewide and national movement toward ending single-family zoning;
that is, zoning where the only permitted residential land use is detached, large lot single-family
dwellings. Port Orchard has already mostly eliminated single-family zoning as its lowest
intensity zones allow cottage courts and/or duplexes. Upcoming federal funding programs may
also contain grant award incentives or preferences for cities that are ending single-family
zoning in the interest of providing diverse housing choices and economic opportunities.
Port Orchard can expect other possible statewide interventions on:
• Common ADU regulations like size, parking, owner occupancy, and prohibition on
subdivision
• Minimum residential density requirements
• Minimum parking requirements for multifamily housing and/or affordable housing
While no single action by the Legislature can be predictable or assured, growing consensus on
the statewide housing affordability crisis gives Port Orchard reason to stay updated on
legislative proposals, updates to the Growth Management Act, and related laws.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 13
2 - Regulatory Strategies
While the City of Port Orchard does not directly supply or control the private housing market, it
does shape what is possible on Port Orchard's land through zoning and development
regulations.
2.1 — Allowed Uses
Action: Allow more housing types in more residential zones to promote middle housing
and affordable housing.
Providing more flexibility to integrate a variety of housing options is an important tool to
expanding housing supply and land capacity. In the HAP community survey, a supermajority of
70% of respondents support the concept to "Allow more housing types like duplexes, cottages,
and townhouses in single-family neighborhoods if they're compatibly sized and designed." This
concept was also supported by most stakeholders when it came up in interviews.
Following public interest and an analysis of the situation by the consultant team, consider the
following changes.
2.1.1 — NMU Zone
The use table in POMC 20.39.040 allows multi -family of 5+ units in Neighborhood Mixed Use
(NMU) zones, but the apartment building type is not permitted in NMU zones. This
inconsistency should be corrected to allow the apartment building type in the NMU zones.
2.1.2 — Congregate Living Housir—
Streamline the standards for congregate living housing. This type of housing operates similarly
to single -room occupancy (SRO), dorms, or hostels and provides a dignified housing option for
people with the lowest incomes. This form of housing historically served as an invaluable
affordable housing option, but these buildings were mostly zoned and demolished out of
existence starting in the 1970's." Conversions of existing buildings (such as aging hotels) may
be more likely than new ground -up congregate living developments, but in either case the zoning
code must be supportive for it to occur.
Congregate living facilities are also restricted, being a conditional use in almost every zone they
are allowed. This use has supplemental standards inserted within the definition (these
standards should be located in Chapter 20.39 POMC) that include:
• Residents must have leases of at least 30 days
• The use must be in a countywide center and within one -quarter mile of transit service
• The facility must have 24-hour resident management
• The facility is prohibited from having medical care or social welfare services on -site (this
would likely categorize the use as permanent supportive housing, see Strategy 2.1.4
below)
"The Hotel -Spirit." Slate. July 2022. https://slate.com/business/2022/07/hotels-rental-market-housing-
prices-shortage-soIution.htmI
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 14
Specific recommendations and considerations for congregate living housing:
• Allow congregate living housing in some non-residential zones by -right, notably in the
CMU zone.
• Reduce minimum off-street parking to from 1.0 space/bedroom to 0.5 space/bedroom
(see Strategy 4.2.3 for related actions).
• Consider refining term names. For example, there's likely to be some confusion between
the "Congregate Care" and "Congregate Living" terms.
2.1.3 — Adult Family Homes
New state legislation passed in 2020, RCW 70.128.066, provides a way for adult family homes
to have seven or eight beds. The standards and definition under POMC 20.39.100(10) should be
updated accordingly.
2.1.4 — Supportive Housing
Under RCW 35A.21.430 (2021), Washington cities may not prohibit permanent supportive
housing or transitional housing in areas where multifamily housing or hotels are permitted
(other parts of state law define "multifamily" as four or more units). This supersedes a similar
2019 law, RCW 35A.21.305. Similarly, emergency shelter and emergency housing may not be
prohibited in any zones in which hotels are allowed.
Port Orchard is mostly in compliance, except emergency shelter and emergency housing must
also be allowed in the GMU zone, where hotels are allowed.
Consider providing definitions which reference state law. ,
Supportive Housing Use Catecor�if a broader category is neededJ. Residential facilities intended
to house individuals and families experiencing homelessness, or at imminent risk of
homelessness, and paired with on -site or off -site supportive services designed to maintain long-
term or permanent tenancy or to eventually transition the residents to independent living
arrangements.
Emergency housing. Defined by RCW 36.70A. 030.
Emergency shelter. Defined by RCW 36.70A. 030,
Permanent supportive housing. Defined by RCW 36.70A. 030.
Transitional housing. Defined by RCW 84.36.043.
See Strategy 4.2.3 for recommended parking standards on affordable housing projects.
Some jurisdictions require operational plans and information -sharing on supportive housing
uses. For example, the City of Bellevue requires registration information from applicants prior to
certificate of occupancy with the following information (and it must be updated when it
changes):12
12 Bellevue Municipal Code LUC 20.20.845.E.2, https://bellevue.municipal.codes/LUC/20.20,845.E.2
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 15
• Name and contact information of property manager(s) and/or owner(s) who may be
contacted in case of emergency or code violations
• Name and contact information for on -site facility staff (if applicable)
• Standard operating procedures plan for the facility, including:
o The number of residents intended to be housed in the facility
o A description of the supportive services provided to the residents of the facility,
on site and off site, including names and contact information of service providers
• A safety and security plan describing measures that the operator will employ to promote
the safety of Supportive Housing occupants and surrounding residents; and
• A code of conduct that applies to all individuals granted access to the proposed
Supportive Housing use.
Seattle has more limited requirements. The code offers a number of waivers and modifications
for parking and design standards that are reviewed by the director. A community relations plan
is required.13
2.2 — Building Types
[THIS SECTION WILL BE UPDATED BASED ON STATE LEGISLATIVE ACTION — AS THOSE
CHANGES ARE LIKELY MADE PRIOR TO ACTION ON THIS DOCUMENT]
The permitted building types are unique additional layer of regulation in Port Orchard. The
Regulating building types is common to form -based zoning. This approach works best in
communities characterized by a regular street grid and consistent lot size patterns, which are
lacking in some parts of the city.
Some stakeholders identified code interpretations
and comprehension as a barrier to middle housing
development. This may be driving most builders
and developers to follow the path of least
resistance and continuing to produce what they
know best, which are detached single-family homes
and garden apartments. Reducing the complexity of
the middle housing building types is a strategy to
increase their chances of being produced.
The simplest option is to remove the most of the building types and consolidate those critical
dimensional standards into the zoning district standards. Some of the unique building types,
however, still warrant their own special mix of dimensional and design standards. Many other
codes catalogue such standards within their collective "use type" standards (POMC Chapter
20.39, Article II. Residential Uses is an obvious option).
This section provides other recommendations on how to streamline the building type standards.
13 Seattle Municipal Code 23.42.057,
https://I i brary. municode.com/wa/seattle/codes/municipal_code?nodeld=TIT23 LAUSCO_SUBTITLE_I11 LAUSRE_CH
23.42GEUSPR 23.42.057PESUHO
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 16
2.2.1 — Adjust Cottage Court Standards
Under POMC 20.32.040, the minimum site size for a cottage court development is 22,500
square feet and an additional 4,500 square feet is needed per unit when there are six or more
cottages. These standards apply regardless of the location, and have an unclear relationship to
the separate minimum unit lot area of 1,200 square feet. Stakeholders have identified the
minimum site size standards as a challenge, and it is unique among cottage housing
ordinances across the region. Cottage developments can be built on smaller sites. Consider the
following changes to provide much needed flexibility:
Reduce the minimum number of cottages to four. This is standard amongst cottage housing
codes in the region and provides greater flexibility for cottage courts on smaller sites.
Reduce the minimum site size. Cottage footprints, setbacks, parking, and required open space
will largely dictate how much space is needed. But if minimum sizes are still necessary (and
accounting for a minimum of four cottages), consider 12,000 square feet for standard front -
loaded lots and 10,000 square feet for lots with alley access.
Adjust the minimum courtyard size standards. The minimum courtyard area is 3,000 square
feet (minimum width 40 feet) with an extra 600 square feet per unit required when there are six
or more cottages. This should be replaced by a streamlined approach which requires a
minimum of 400 square feet of common courtyard space per cottage cluster (regardless of
number of units) with minimum dimensions of 15-20 feet. These standards are more common
across the region and provide adequate levels of open space.
Allow duplex cottages in all zones where cottage courts are allowed to enable more efficient
use of land and materials. They are prohibited by proxy through the maximum building footprint
of 1,200 square feet. Duplex cottages have been developed in cities throughout Washington.
2.2.2 — Consolidate Duplex Types and Standards
There are three forms of duplex building types and permit data shows almost no duplexes are
being built. Of the approximately 2,200 units built in Port Orchard over the past decade (2012-
2022), a total of ten units (0.4%) were in duplex buildings. While the Building Types are relatively
new (adopted in 2019), it is possible that complex regulations are one reason duplexes are not
being produced in greater numbers.
Consolidate "Duplex: Side -by -Side" and "Duplex: Back -to -Back" into a single building type
called "Duplex." Similarly, the land use term "Duplex" should replace "Two-family" in Chapter
20.39 POMC for consistency.
Also see related suggestions in Strategy 2.3.1 regarding minimum lot size and width standards.
2.2.3 — Rename the Fourplex Type
Rename the Fourplex Type to Triplex/Fourplex. This building type is described as allowing 3-4
units, but its name is misleading and may cause code users to conclude triplex buildings are not
allowed. Triplexes should be promoted similarly to duplexes as a middle housing option.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 17
2.2.4 — Adjust Townhouse Type Standards
Remove the minimum site size and width and let other zoning standards and market factors
drive the land area needed for townhouse development. While 5,000 square feet is a small site
to begin with, this would remove duplication in code and would improve flexibility in where and
how townhouse units can be developed. Standards for open space, parking, setbacks, and
landscaping would continue to apply and influence required land area and how townhouses are
placed on a site. Also see related lot size and width suggestions in Strategy 2.3.1.Do not require
townhomes to be on their own lots. Subdivision adds time, cost, and complexity to middle
housing development. Like other middle housing, townhomes can have a variety of land
ownership options and can be rentals. Removing this requirement in code provides more
flexibility while retaining all design standards for townhomes.
2.2.5 — Consolidate the Live -Work Type
Live -work has limited feasibility outside of the strongest urban markets and should be de-
emphasized in the code. This housing type is relatively uncommon since only a small number of
households are self-employed in businesses which can also be in their home in a separate
space (excluding standard office work -from -home setups). Additionally, live -work units are often
expensive since they need to be relatively large to accommodate the workspace.
There is an opportunity to retain the live -work standards while streamlining the code; current
code illustrations and the limitation of "six units in a row" indicate Live -Work is intended to be
integrated into Townhouse buildings.
It is recommended to amend the Townhouse building type section to note where standards
differ for Live -Work configurations. The separate site area and width standards for Live -Work
are proposed to be removed. Notations could also be added to explain Townhouses are allowed
in the DMU, CC, and IF zones only if the development includes space designed for live -work use.
U.6 — Adjust Shopfront House Standards
This building type requires a minimum of two dwellings per lot and a maximum of two dwellings
per lot, providing no flexibility in development options and likely preventing its use in most
cases.
Allow a range of 1-4 or 2-4 units per lot with this building type.
2.2.7 — Building Height
All of the building types in Chapter 20.32 POMC have a maximum building height specified, but
this standard is then either duplicated or overridden by zone -specific maximum building heights
in Chapters 20.34 and 20.35 POMC. Maximum building height is a critical tool, and it should
have clear, consistent standards. A unique case is cottages which are intended to be small.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 18
It is recommended to remove the maximum building height from all building types, except for
cottage courts and backyard cottages. Regulate accessory structure height limits in the zoning
chapters.
2.2.8 — Minimum Private Useable Open Space
Integrating more dwelling units onto a relatively small lot requires some careful planning to
integrate the buildings, access and parking elements, and integrating usable open space in a
manner that works for the residents and proper integration into the neighborhood. The Design
Standards in Chapter 20.127 POMC require such usable open space for multifamily uses.
However, detached houses, backyard cottages, cottage court, duplexes, attached houses,
fourplexes, and townhouses are exempt from those standards. Recommendations in Strategy
2.3.1 call for relaxing lot dimensional standards for backyard cottages, duplexes (both types),
attached houses, fourplexes, and townhouses. Such recommendation should be coupled with a
requirement for minimum private usable open space for those building types. Specific
suggestion for each building type:
• Minimum Private usable open space per unit: 300 square feet (50% of the required
usable open space may be satisfied through a rooftop patio or balcony).
• Private usable open space cannot be parked or driven on, except for emergency access.
• Minimum private usable open space dimension: 10 feet for each unit, except 6 feet for
rooftop patio or balcony.
• The front yard may be used as private usable open space, provided a low fence (between
16" and (INSERT MAX CURRENT FRONT YARD FENCE HEIGHT) demarcates the space.
Alternative designs:
• Spaces shared between two or three units is permitted, provided the shared open space
dimension is 15 feet and the space is located adjacent to each unit.
For townhouses with four or more units, shared open spaces must comply with
20/127.350(2)(b), On -site open space.
!.2.9 — Ground Floor Elevation
Nearly all of the Building Types require a minimum ground floor elevation of two feet. This adds
significant cost to construction by requiring a taller foundation and the addition of ramps for
ADA wheelchair access on buildings with four or more units.
The purpose behind this type of standard is usually to promote a transition between the public
and private realms and improve security and privacy for ground -floor residents. This is already
addressed by the block frontage standards under POMC 20.127.230, which requires a
combination of setbacks and/or raised elevation for ground floor residential units, depending on
the context. The block frontage standards provide more nuance and options than the building
type standard's simple two -feet measure.
Suggestion: Reduce the minimum ground floor elevation from two feet to 16 inches and
consider moving the elevated requirement for building types not located close to the street.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 19
2.2.10 — Blank Walls
Blank walls are regulated in the Design Standards in Chapter 20.127.460 POMC, which applies
to multifamily uses with five or more units. For those building types that are subject to the
Design Standards, such building types should simply refer to Chapter 20.127.460 POMC for
blank wall standards. For those other building types where blank walls are regulated, consider
applying a standard consistent with Chapter 20.127.460 POMC. For example, the "General
Building" allows for a blank wall up to 50 feet, whereas POMC 20.127.460(2) limits a blank wall
to 10 feet by 15 feet. This creates a conflict, and potentially encourages larger blank walls than
should be permitted for creating compact, pedestrian -friendly centers and livable residential
environments.
2.3 — Adjust Form & Intensity Standards
PLACEHOLDER FOR INTRODUCTION TEXT
2.3.1 — Adjust Minimum Lot Dimensions
Consider relaxing the minimum lot size and width
provisions for "middle" housing/building types to
reduce barriers to those housing/building types.
Such action should occur in concert with requiring a
minimum amount of private usable open space
(see Strategy 2.4.2). Specific recommendations:
R2 zone:
• Retain current detached house lot dimensions.
• For cottage courts, refer to POMC 20.32.040 and see Strategy 2.2.1 for updated
suggestions for minimum site area.
Exempt other "middle" building types from both minimum lot area and width standards.
This includes backyard cottages, duplexes (both types), attached houses, fourplexes,
and townhouses.
R3 zone:
• Retain current detached house lot dimensions.
• For cottage courts, refer to POMC 20.32.040 and see Strategy 2.2.1 for updated
suggestions for minimum site area.
• Exempt other "middle" building types from both minimum lot area and width standards.
This includes backyard cottages, duplexes (both types), attached houses, fourplexes,
and townhouses.
• For apartments, reduce the current 10,000 square foot lot size minimum to 7,000 square
feet, with the option for 5,000 square foot lots where alley access is available. Reduce
minimum lot width from 80 feet to 70 feet, with the option for 50-foot wide lots where
alley access is available.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 20
. tWOTiT-0i
• Consider eliminating lot dimension standards entirely, particularly as detached houses
are not allowed and there are enough other standards in place to help ensure that the
form and intensity of development meets community objectives.
R5 zone:
Consider eliminating this zone, as there are no current mapped R5 zones and the
proposed changes to R4 (including height bonuses) arguably make this zone
unnecessary. There's an argument than more intensive development belongs in the
mixed -use zones.
If not eliminating this zone, consider eliminating lot dimension standards entirely for
same reasons as in R4 zone noted above.
R6 zone:
• Retain current 4,000 square foot minimum lot size and 40-foot lot width for a detached
house, but exempt other "middle" building types from both minimum lot area and width
standards. This includes backyard cottages, duplexes (both types), attached houses,
fourplexes, and townhouses.
Commercial and mixed -use districts:
Retain any existing minimum lot size and width provisions for detached house, but
eliminate such standards for all other building types to maximize flexibility. Again, plenty
of other standards are in place to help ensure that such building types are integrated in a
compatible manner.
2.3.2 — Adjust Height Limits and Add Affordable Housing Bonuses
The City should consider building height limit increases to increase the economic feasibility of
multifamily and mixed -use development. New bonus height limits associated with the
multifamily tax exemption (MFTE) program can also be used to incentivize greater production
of multifamily housing generally and affordable (subsidized) housing.
Most of these zones have relatively low height
limits in the 35-40 feet range which has challenges
for light wood frame construction. Construction
costs per square foot for buildings between three
and six stories are relatively constant, regardless of
building height; allowing more stories allows more
units and more revenue to cover higher costs, and
per unit rent may also be more affordable for
denser buildings. Another key cost item is elevators,
which cost at least $100,000 and are required for buildings four stories and taller, but at four or
five stories the economies of scale to pay for an elevator are stretched.
Buildings up to six stories maximize the typical allowance of adopted building codes for light
wood frame construction. Height limits of 65 feet can allow this, though some jurisdictions
allow for taller wood structures above a concrete base. In addition, many jurisdictions assume
residential floor -to -floor heights of 10 feet, but 11-12 feet is oftentimes preferred by designers
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 21
and builders for accommodating mechanical systems and energy code ventilation
requirements, especially for taller buildings.
Further, the City has objectives for increasing mixed -use developments and infill residential
apartment development but does not consistently provide a regulatory framework to enable it.
For example, the DMU, GMU, and CMU zones have current height limits of 38 and 40 feet which
effectively allows three functional floors for most developments. The cost and risk of
developing mixed -use structures and leasing ground -floor commercial space typically can be
offset by a higher amount of residential floor area. Similarly, residential apartment development
can benefit from a higher amount of residential floor area. Since the COVID-19 pandemic,
developers are indicating increased risk associated with commercial development due to
continued uncertainty about the retail and particularly office markets. This further increases the
attractiveness of developments with a higher share of residential floor area.
Additionally, the limits on number of floors in the Downtown area are out of sync with building
height limits. The Downtown Height Overlay District (DHOD) allows heights that are almost an
additional two floors more than the floors allowed in the district. The View Protection Overlay
District (VPOD) have current height limits of 15 and 27 feet which effectively allows one- and
two-story buildings.
It is understood there is a long history of protecting views in the City's Downtown area.
However, the Downtown area is one of the most favorable for affordable mixed -use and infill
housing due to its transit connections and walkability. There is a current conflict between the
objectives of the DHOD and the VPOD, and the goals for expanded housing affordability and
choice. Consider reevaluating adjustments to the overlay districts with a minimum, that allows
more floors within the building envelope in the DHOD. Other long-standing goals for downtown,
such as the location of a grocery store in the area, are only likely to occur when the market
demand for such a store is stimulated by a larger downtown resident population, which can be
enabled through more housing development. Finally, note that private view easements are also
an existing alternative mechanism for property owners to preserve views.
Port Orchard has a broad set of multifamily and commercial design standards which would be
used to mitigate increases in building height.
[TO ADD TABLE TITLE & NUMBER]
Base Height
ProposedCurrent
Proposed :.
i Year
Zone
R4
Limit
45
Limit
-
L;FTE Participation
65
R5 (as first option suggest
65
deleting zone, otherwise
55
-
consider suggestions here)
Commercial Corridor
65
(CC)
35
45
Commercial Mixed
65
Use (CMU)
40
55
Neighborhood Mixed
65
Use (NMU)
35
45
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 22
a7dwiaoLimit
Base Height
ProposedCurrent
ProposedBonus
Business Professional
40
Limit
55
IVIFTE Participation
65
Mixed Use (BPMU)
Residential Mixed Use
35
45
(RMU)
Downtown Mixed Use
38
45
55
(DMU)
Gateway Mixed Use
38
45
65
(GMU)
Ruby Creek Overlay
65
District
55
Downtown Height
DHOD 3: 48 feet, three
DHOD 3: 48 feet, four
None
Overlay District
stories
(DHOD)
stories
DHOD 4: 58 feet, five
DHOD 4: 58 feet, four stories
D H 0 D 5: 68 feet, five stories
stories
DHOD 5: 68 feet, six stories
View Protection
15 feet
Overlay District
Mixed use shopfront: 27
(VPOD)
feet
General building: 27 feet
2.3.3 — Add Minimum Density and Housing Mix Renuirem
Comprehensive Plan policies LU-11, HS-9, and HS-16 call for minimum densities at least in local
centers. In addition, any locations where a multifamily tax exemption 12-year and 20-year
program is available must allow at least 15 units per acre. Development at 15 units per acre is
also the approximate threshold where fixed -route transit service becomes viable. Minimum
density standards can help provide consistency with state law and a level of expectation to
leverage public infrastructure investments and maximize the efficiency of land where compact
and walkable development is desired.
In order to reduce complications for infill
development and promote economies of scale, the
minimum density requirement could apply only to
new development on above a certain site size (such
as a'i4 acre or'h acre). It would not apply to
developments and subdivisions which are vested,
nor to commercial developments with no residential
component.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 23
[TO ADD TABLE TITLE & NUMBER]
Zone
R2
Proposed
Minimum
Density
units/acre)
8
Zone Notes
Located citywide
R3
12
Located citywide
R4
15
A handful of locations citywide, mostly
undeveloped
R5
R6
10
Eastern McCormick area, mostly undeveloped
GMU
25
Downtown -adjacent.
CC
Located citywide
CMU
25
Located citywide
BPMU
15
Downtown -adjacent and Tremont medical area.
Could apply only to multifamily development.
NMU
12
Downtown -adjacent near Kitsap County campus;
should have similar standards as abutting BPMU.
A related option for large residential subdivisions is to integrate a housing mix requirement. For
example, the City of Carnation code CIVIC 15.40.105 requires that subdivisions have no more
than 60 percent of total dwelling units be the same type; at least two housing types are required
in subdivisions less than 10 acres, and at least three housing types are required in larger
subdivisions.
2.3.4 — Religiously -Owned Land Density Bonus
Under state law RCW 35A.63.300 (2019), upon request from a religious organization, cities
planning under the GMA must allow an increased density bonus on consistent with local needs
for affordable housing development. The density bonus must be contingent upon the religious
organization's land being used for housing occupied exclusively by low-income households for
at least 50 years. The density bonus can be used for any type of housing, ranging from single-
family to multifamily.
Port Orchard is home to a number of churches. Most are on properties ranging from 0.5 to 5
acres and are located in residential or mixed -use neighborhoods. They are mostly zoned Civic
and Institutional, which does not allow any types of residential uses. The state requirements
would need to be implemented for an update to underlying zoning, creation of a new overlay
zone, or property -specific development agreements.
Port Orchard has not yet received any such request but might consider the implications and
begin proactively reaching out to religious organizations to see if they are interested in
developing affordable housing on their properties.2.4 — Adjust Other Standards
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 24
2.4.1 — Family Definition
Amend the definition of "family" under POMC 20.12.010 to be consistent with state law RCW
35A.21.314 (2021). Cities may not regulate or limit the number of unrelated persons that may
occupy a household or dwelling unit. A simple approach is shown below.
'Family' means any number of persons related by blood, marriage or legal adoption and including
foster children and exchange students living together as a single housekeeping unit. 'Family' also
means the following when living together as a single, not -for -profit housekeeping unit.,
(1) A group of not ore th,n four related and unrelated adults and their related minor children,
hi t not to avneed a total of eight rei ted end unreiated garcons• or
(2) Not more than eight disabled persons, whether adults or minors, living together in a
consensual residential living arrangement, but not to exceed a total of eight persons, or
(3) State licensed adult family homes as defined by RCW 70.728. 010,- or
(4) State licensed foster family homes and group care facilities as defined in RCW 74.15.020.
2.4.2 — Elevator Penthouse
As more multifamily and mixed -use housing is built in Port Orchard, details like elevator design
are important factors for livability and functionality. Ten -feet tall elevator cabs are desirable for
residents to move the largest pieces of furniture which cannot fit through stairwells. Also
popular are elevator -accessible roof decks that help meet developments meet residential open
space requirements.
However, these two features are difficult to combine due to the limitations of POMC
20.40.050(2)(c)(i). This subsection limits structures screening elevators to 10 feet in height
where the elevator is accessing a roof deck.
Elevator technology is evolving. Over the past decade the "Machine Room -Less" elevator has
become a cost-effective option for buildings over four stories tall and it avoids the
environmental impacts of hydraulic piston designs which penetrate deep into the ground below
the building (a technology which was previously typical for buildings up to eight stories). The
Machine Room -Less design uses a hoistway and mounts mechanical equipment on top of the
cab, which increases the overrun above the roof level beyond that assumed by the code.
Recommendation: To achieve a 10-feet interior cab dimension and accounting for the assembly
of the penthouse structure, it is recommended to increase the code allowance to 17 feet.
2.4.3 — Parking Lot Landscaping
Under POMC 20.128.070(3), reduce and simplify minimum planting area widths to allow more
efficient use of land. This is critical for smaller lots where infill multifamily and townhouse
development may occur, but still meet the purpose of parking lot landscaping.
Consider reducing the minimum width of landscaping along public streets to 7.5 feet regardless
of the block frontage designation, and to five feet along internal lot lines.
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 25
Also, consider making parking lot landscaping its own code section so it is easier to find in
tables of contents and because it is frequently used. For example, convert subsection (3) to new
20.128.075.
2.4.4 - Service Areas and Mechanical Equipment
Under POMC 20.127.360, some minor clarifications can be made about applicability to offer
some more flexibility.
Subsection (2) currently acts as a title but could be expanded with examples to replace the
parenthetical in subsection (2)(a), to read: "(2). Location ofground related service areas and
mechanical equipment. Ground -level building service areas and mechanical equipment includes
loading docks, trash collection and compactors, dumpster areas, storage tanks, electrical
panels, HVAC equipment, and other utility equipment. if any such elements are outside the
building envelope at ground level, the following location standards apply."
Under subsection (3)(a)(iv), say collection points must be located and configured "to the extent
practical" to help moderate construction costs in certain situations.
Under subsection (5)(b), consider removing the prohibition on perforated metal as a rooftop
equipment screening material since it is cost effective and has a variety of design options.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 26
3 - Programmatic Strategies
In addition to regulatory considerations, this section discusses strategies which Port Orchard
can consider for increasing housing opportunities through programs addressing displacement,
tenant protections, and strategies for reducing homelessness.
3.1- Anti -Displacement Strategies
Action: Adopt local tenant protections and consider other regulatory and
programmatic anti -displacement actions to improve the stability of renter households.
As discussed above in Section 1.3, exclusionary zoning practices have led to numerous facets
of housing inequity across the U.S. Additionally, redevelopment programs implemented in
earlier decades resulted in both intentional and unintentional displacement of lower -income
residents and people of color in many communities. Therefore, strategies to mitigate or prevent
displacement have gained much attention in recent years, and a variety of approaches have
emerged. Overall, the effectiveness of anti -displacement strategies is highly neighborhood- and
community -specific, and recent academic research has found decidedly mixed results of many
approaches.14
While most strategies have focused on minimizing displacement pressures, it should be noted
that not all displacement is involuntary (there is always some movement in the housing market),
and displacement can sometimes mean moving "up" to a higher opportunity neighborhood.
Increasing housing production overall, including market -rate housing production, is an important
tool to moderate price increases and therefore make housing more affordable to low and
moderate income families and prevent displacement.15 This is particularly true in hot housing
markets and if the new housing units are comprised of a variety of housing types. A study in
California found that both market -rate and subsidized housing production reduced
displacement rates in San Francisco, but subsidized housing production decreased
displacement risk more significantly.16 The same study also found that the positive effects of
production on displacement at a hyperlocal neighborhood scale may differ depending on the
complex neighborhood context.
One downside of increased production is the time it takes to build new housing, which can be
lengthy not only for construction, but also design and permitting. The most comprehensive
academic survey of anti -displacement strategies to date suggests that in addition to production,
neighborhood stabilization and tenant protection policies have the most immediate impact on
14 Chapple, Karen and Anastasia Loukaitou-Sideris. "White Paper on Anti -Displacement Strategy Effectiveness."
Prepared for the California Air Resources Board, February 2021.
15 Been, Vicki, Ingrid Gould and Katherine O'Regan. "Supply Skepticism: Housing Supply and Affordability." New York
University Furman Center, August 2018.
16 Zuk, Miriam and Karen Chapple. "Research Brief. Housing Production, Filtering, and Displacement: Untangling the
Relationships." UC Berkeley Institute of Governmental Studies. May 2016.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 27
mitigating displacement.17 The following are suggestions for proactive policies that Port
Orchard can adopt to further prevent displacement.
A study from Common Good Labs analyzed data on thousands of U.S. neighborhoods over 15
years (2000 to 2015) to understand how poverty is reduced without community displacement."
It found eight indicators that are associated with inclusion, increased prosperity, and decrease
in poverty. Three of the indicators can be most directly affected by municipal policies, noted in
the table below.
[TO ADD TABLE TITLE & NUMBER]
Inclusion Indicator
Increased housing density
How Port Orchard Can Affect This Indicator
Zoning standards that directly regulate the density of residential development.
Higher rates of
Zoning and subdivision standards that allow and encourage a greater variety of small
homeownership
and attached housing types (e.g., small single-family, cottages, townhomes, flats,
condos). A New York Times report finds that the production of entry/starter homes
has never been lower than today (particularly homes smaller than 1,400 square
feet).19
Presence of community
Financial and/or staffing support for community organizations.
organizations
Zoning standards that provide low-cost commercial space and/or municipal facilities
with space for community organizations to have offices, host events, run recreation
and cultural programs, etc.
Figure 6. Inclusion indicators
3.1.1 — Local Tenant Protection
Washington State sets the baseline for the landlord -tenant relationship through the State
Residential Landlord -Tenant Act, RCW 59.18. Washington State regularly amends the Act as
summarized in the HAP Existing Conditions and Housing Needs Analysis Report. According to
the Attorney General's Office, there is no centralized enforcement mechanism for the RCW, and
so it is incumbent upon landlords and tenants to either self -remedy violations, seek counseling
or low-cost legal help from non-profit organizations, and/or resolve disputes through the courts.
Local ordinances are enforced by the local
jurisdiction. Cities are free to adopt additional or
more stringent regulations than those provided by
the state (with the exception of market -rate rent
control), and numerous Washington communities
have done so. Port Orchard has not enacted any
local tenant protection ordinances.
17 Chapple and Loukaitou-Sideris.
18 "Reducing poverty without community displacement: Indicators of inclusive prosperity in U.S. neighborhoods."
Brookings. September 2022. htips://www.brookings.edu/research/reducing-poverty-without-communitym
displacement-indicators-of-inclusive-prosperity-in-u-s-neighborhoods/
19 "Whatever Happened to the Starter Home?" The New York Times. September 2022.
hitps://www.nytimes.com/2022/09/25/upshot/starter-home-prices.html
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 28
The King County Bar Association (KCBA) provides a model tenant protection ordinance within
the framework of Washington State law. This is summarized in the table below.
[TO ADD TABLE TITLE & NUMBER]
Local Tenant Protection Option
Other Considerations and Notes
Rents and Payments
Notice of monthly rent increases 90-180
The state law default is 60 days notice per RCW 59.18.140. Upon
days before the effective date, with more
receipt of notice, allow tenants to terminate tenancy early without
notice required for larger increases
further payment except pro rata rent.
No increase in rent allowed if the property
Poor conditions means the dwelling unit has defective conditions
is in poor condition
making it unlivable, a request for repairs has not been completed, or
the property is otherwise in violation of RCW 59.18.060.
Increases over 10% of monthly rent over a
The tenant must be notified this is an option in every rent increase
12-month period requires landlord to pay
notice regardless of the increase amount. The assistance can be
relocation assistance for economically-
valued in a number of ways — the KCBA model bases it on three
displaced tenants.
times the monthly rent amount. Optionally, this tool could require
relocation assistance for physical displacement as well (due to
property renovations or demolition).
Move -in fees capped at one month's rent
Allow up to a six month installment plan which commences upon
and require offer of installment plans
move -in. This helps lower income tenants manage move -in fees that
can be many thousands of dollars.
Caps on rent payment late fees
The KCBA approach is a cap of $10 per month and the tenant is not
responsible for any legal fees or other services.
Leases must allow rent to be paid on
This allows tenants to adjust the due date of rent payments if the
different days of the month
tenant has a fixed income source (e.g. a paycheck lag after the first
of the month or a social security payment). A landlord shall not
refuse to lease to tenants who request this.
Evictions and Discrimination
Require cause to evict as specified in the
Only allow for evictions for: 1) failure to pay rent after receiving all
lease agreement
notices required; 2) substantial breach of a non -monetary term of the
lease and all steps to resolve it have failed within the time required;
or 3) the landlord seeks to remove the unit from the market with
honest intent (with 120 days notice).
Banning discriminatory, deceptive, and
Prohibits inquiries or verification requirements based on immigration
unfair practices in the rental market
or citizenship status, using social security numbers as a method of
proving financial eligibility, and representing that a unit is not
available when it is in fact available. Also prohibits requiring that a
lease be signed by children and deceptive omissions and practices
like confusing lease terms or taking advantage of a lack of
understanding by tenants.
Administration
Rental unit registration and inspection
The purpose of such programs is to ensure rental housing meets
programs
standard living conditions. Registration includes property address,
contact information, list of rental units, and condition of the housing
units. Fees may be imposed and re -registration is required with new
ownership.
Figure 7. Tenant protection options
No particular set of tenant protections is recommended as part of this HAP. The Port Orchard
community and decision makers are encouraged to use this "menu" of options as a basis for
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 29
continued discussion. Port Orchard can look to other communities like Burien and Kenmore that
have adopted some of these protections. 20, 21, 22
Longer rent increase notice time, move -in fee caps, and economic/physical relocation
assistance are some of the strongest anti -displacement strategies available for low-income
residents forced to move, giving them an opportunity to find new housing in the same
community within a reasonable amount of time.
Any new regulatory action would require some degree of effort, ranging from education and
outreach to increased staffing and resources for monitoring and enforcement. Regulatory
action could also be considered at the regional level to provide consistency for landlords and
property management companies working across multiple Kitsap County jurisdictions.
3.1.2 - Other Anti -Displacement Strategies
Strategic Acquisition of Existing Multifamily Housing
To better retain affordable housing, the City of Port Orchard should work with Housing Kitsap,
land trusts, and other non-profit providers to identify naturally occurring affordable housing and
multifamily housing with income restrictions or covenants that are close to expiration. Funds
should be identified to acquire as many such properties as possible to avoid displacement of
low- or moderate -income residents. This practice preserves existing communities and retains
long-term affordable housing stock at a lower cost than development of new affordable
housing.
Tenant Legal Services
Eviction rates have been shown to drop when tenants facing eviction have access to legal
representation. The Washington State Office of the Attorney General has a comprehensive list
of resources for tenants facing legal issues, including free phone assistance from the
Northwest Justice Project for low-income tenants statewide.23 Contacts and guidance could be
provided alongside or in addition to the homeless services directory (see Section 3.2).
Tenant Opportunity to Purchase
A tenant opportunity to purchase program, such as the one instituted in Washington, D.C. in
1980, gives tenants the first right to purchase their unit if it is being converted into a
condominium. In D.C., a study of the program showed this helped 58% of eligible tenants
purchase their unit.24 The D.C. program has also resulted in the creation of many limited equity
20 "City of Burien, Washington, Ordinance No. 804." October 2022.
https:/Zburienwa.civicweb. net/fi lepro/documents/33975/?preview=76250
21 City of Kenmore, Washington, Ordinance No. 22-0545." March 2022.
https://kenmore.civicweb.net/filepro/documents/118191 /?preview=119244
22 "Five Seattle suburbs added new landlord -renter laws this year. Here's what they do." The Seattle Times. December
15, 2022. https://www.seattletimes.com/seattle-news/politics/five-seattle-suburbs-added-new-landlord-renter-
laws-this-year-heres-what-they-do/
23 'Residential Landlord -Tenant Resources." Washington State Office of the Attorney General.
https://www.atg.wa.gov/residential-landlord-tenant-resources
24 Chapple, Karen and Anastasia Loukaitou-Sideris. "White Paper on Anti -Displacement Strategy Effectiveness."
Prepared for the California Air Resources Board, February 2021.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 30
cooperatives when tenants work together to purchase a building being converted to
condominiums.25
Rental Assistance Programs
Rental assistance programs help low-income tenants pay rent in moments of hardship. Such a
program can be very helpful in preventing families and individuals from becoming homeless and
help stave off eviction and displacement. However, rental assistance programs are also
relatively expensive and may have limited reach in a city of Port Orchard's size. One option
would be to investigate a temporary rental assistance fund for eligible low-income renters which
can provide assistance for 1-3 months when a tenant is experiencing a financial crisis.
Housing Rehabilitation
Some low-income households are unable to afford ongoing maintenance on their homes,
particularly older housing units. This can lead to displacement if the homes become
uninhabitable or the home is sold at a low price. Many cities and counties in Washington,
including Vancouver, Spokane, and Pierce County for example, provide no- or low -interest loans
to qualifying low-income homeowners to help repair and rehabilitate their homes .26, 27, 28
Some programs do not require repayment of the loan until after the house is sold, and others
defer payments if residents cannot afford them, or waive interest for disability modifications.
These programs are funded by a variety of sources, including city or county affordable housing
funds, CDBG block grants from HUD, or HOME Investment Partnership programs.
Community Control of Land
There are several models of cooperative or shared land ownership which have been used to
remove land speculation and market pressures from ownership housing and provide affordable
and stable ownership opportunities for lower- and moderate -income households. Such
organizations have mostly taken the form of cooperatives and community land trusts (CLT), or a
combination of both approaches.
In a community land trust, the land is held in trust by a nonprofit or city and only the housing unit
is bought and sold, usually with permanent affordability restrictions in the covenant. Although
this can reduce the amount of equity which can be built by buying and selling a home in a CLT, it
does create opportunity for households whose incomes would typically exclude them from
homeownership.
In a co-op model, residents own shares in the land or buildings (depending on the model) and
pay affordable monthly payments with limited equity to residents. One Oregon model showed
25 "Tenant/Community Opportunity to Purchase." PolicyLink. https://www.policylink.ora/resources-tools/tools/all-in-
cities/housing-anti-displacement/topa-copaa
26 "Housing Rehabilitation Loan Program." City of Vancouver. https://www.cityofvancouver.us/eph/paae/housing-
rehabilitation-loan-prog ram
27 "Home Rehabilitation." City of Spokane. https://my.spokanecity.ora/housing/affordable/
28 "Home Rehabilitation Loan Program." Pierce County. https://www.piercecountywa.aov/3093/Home-Rehabilitation-
Loan-Program
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 31
that combining a CLT and co-op yielded opportunities for homeownership for households
earning 30-60% of the AM1.29
Overall, the largest barrier to community land control models is lack of funding for ownership
affordable housing to jumpstart these types of organizations.10
Foreclosure Assistance
Foreclosure assistance can take the form of financial support to homeowners facing
foreclosure, similar to the rental assistance programs described above. Additionally, foreclosure
assistance can take the form of technical assistance and counseling to households at risk. A
study conducted by the Urban Institute during the Great Recession found that households that
received counseling were more likely to avoid default and modify their loans to be able to keep
making payments.31 Such a program could be provided by the city or in partnership with another
organization.
Living Wage Ordinance
In the Port Orchard area, the hourly wage needed to afford the average two -bedroom apartment
is $32.69 an hour.32 The minimum wage in Port Orchard is the default Washington State
minimum wage of $15.74 per hour.
A living wage ordinance requires a higher minimum wage than that required by state law, which
can help reduce housing cost burden. Local ordinances are not widespread in Washington; only
the cities of Seattle, SeaTac, and Tukwila currently have minimum wages higher than the
statewide minimum.33
Childcare and Early Education Subsidies
Subsidizing early education is another way to help lower -income households who are unable to
afford housing, as well as improving lifelong outcomes for children. Washington State provides
financial assistance for child care for low-income families through the Working Connections
Child Care subsidy. Other municipalities in Washington also provide childcare subsidy, such as
Seattle's Child Care Assistance Program and the King/Pierce County Child Care Resources
subsidy program for families experiencing homelessness.
29 "A Case for Public Investment in Shared -Equity Homeownership." SquareOne Villages. September 2020.
https://olis.oregonlegislature.gov/liz/2021 R1/Downloads/PublicTestimonyDocument/20717
30 Gabobe, Nisma. "How Can Cities Move The Needle on Community Land Trusts?" Sightline Institute. August 2021.
https://www.sightline.org/2021 /08/23/how-can-cities-move-the-needle-on-community-land-trusts/
31 Chapple, Karen and Anastasia Loukaitou-Sideris. "White Paper on Anti -Displacement Strategy Effectiveness."
Prepared for the California Air Resources Board, February 2021.
32 National Low Income Housing Coalition, "Out of Reach: The High Cost of Housing." 2022.
https://nlihc.org/oor/zip?code=98367
33 "Minimum Wage", Washington State Department of Labor & Industries. https://www.Ini.wa.aov/workers-
rights/wages/minimum-wage/
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 32
3.2 — Homelessness Strategies
Action: Strengthen coordination between the City and local homelessness support
services and adopt a Housing First approach.
Homelessness is a government concern because it relates to the health, safety, and welfare of
individuals and the community at-large.34 This housing action plan addresses homelessness
because the production and price of housing, which is affected by City policy, is directly
correlated to the rate of homelessness.35 At the national level, every $100 increase in median
rent is associated with a nine percent increase in the estimated homelessness population, even
after accounting for demographic and economic characteristicS.36
Kitsap County conducts a point -in -time count of people experiencing homelessness countywide
each year, typically in January. In 2022, the count was conducted in February instead. The count
encompasses both sheltered and unsheltered people and is conducted during one 24-hour
period each year. Therefore, the number is generally considered to be an undercount of the true
population experiencing homelessness. In February 2022, 563 individuals were experiencing
homelessness countywide, of which 136 were in transitional housing, 244 in emergency
shelters, and 183 unsheltered. Of the 183 unsheltered residents surveyed, 23 percent, or 42
people, were in Port Orchard. Countywide, 67 percent of those surveyed reported becoming
homeless due to health or mental health issues, 58 percent due to job loss, 40 percent due to
loss of housing, 35 percent due to family conflict, and 25 percent due to substance use.37
Port Orchard staff should continue to monitor the annual point -in -time count and support the
county as necessary to ensure consistent data collection on the extent and changes in the
homeless population in the city.
3.2.1 — Coordination
The City does not directly offer any homeless shelters or transitional housing. Continue working
with Kitsap County and service providers to provide outreach and offers for service and shelter
for homeless individuals.
This could include creation of a standardized directory of support services with available times
and contact information (such as food banks, shelters, counseling, public transit, etc.), and
distribute it on the City website and in print with local service providers. Assign a City staff
person to contact each service at least monthly to maintain and update the directory.
34 "Homelessness — Common Questions & Answers." Washington State Department of Commerce. January 2019.
https://www.skagitcounty.net/HumanServices/Documents/Housing/Homelessness%20FAOs°/o2001-2019.pdf
35 "Homelessness is a Housing Problem." Greg Colburn and Clayton Page Aldern.
https://homelessnesshousinaproblem.com/
36 "How COVID-19 Could Aggravate the Homelessness Crisis?" August 2020. United States Government
Accountability Office. https://www.gao.gov/blog/how-covid-19-could-aggravate-homelessness-crisis
37 Kitsap County Point In Time Count. https://www.kitsapgov.com/hs/Pages/HH-Point-in-Time.aspxx
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 33
3.2.2 — Adopt a "Housing First" Approach
Decades of research have found that helping homeless people move off the street and into a
home of their own is the most effective way to reduce long-term (chronic) homelessness for the
most vulnerable people.31 This is because it is extremely difficult or impossible to address the
personal, financial, mental, or physical problems that underlie homelessness while simply trying
to stay alive.
The "housing first" approach eliminates bureaucratic steps and places no criteria on sobriety,
employment, criminal history, or completing a religious program before individuals are moved
into a home. When someone is drowning, it doesn't help if a rescuer insists the victim learn to
swim before bringing them to shore. They can address their issues once they are on solid
ground with private space, a stable address, and the dignity of meeting basic needs like food,
warmth, and bathing.
This approach is less costly to taxpayers than the combined costs of roving service contacts,
emergency room visits, jail and shelter stays, towed vehicles, and maintenance of public
spaces. Success stories and lessons abound from places as varied as Houston, TX, Columbus,
OH and Salt Lake City, LT.
The provision of homes can be done indirectly through vouchers, in which public funding
directly subsidizes the cost of a market -rate rental unit, or directly through publicly owned
housing. The type of housing is oftentimes and preferably in the form of apartments which are
the cheapest type of housing to build and operate per unit. Sometimes existing apartment or
motels are purchased, or a warehouse can be renovated for residential use. "Tiny home
villages", which are rapidly constructed on vacant sites or parking lots, may be appropriate but
only on a temporary basis since they are not as durable, weather-proof, or livable as permanent
structures.
"Housing first" includes intensive wraparound social services and case management for the
residents, either on -site or off -site. These services usually include support for people living with
complex and disabling behavioral health or physical health conditions, addiction treatment, and
employment assistance. Research has found that an overwhelming majority of permanent
supportive housing residents eventually stabilize their lives and health enough to move to
market -rate housing.
The "housing first" policy has its limitations. It can only work if housing and service providers
agree on the approach, if there is enough supply of housing available to work with at different
income levels, and there is adequate long-term funding. All three requirements will require
strategic planning and time to develop. To that end, this HAP recommends the following:
Convene a meeting of all relevant homelessness stakeholders to discuss the "housing
first" approach
• Adopt a "housing first" policy in the Comprehensive Plan
• Regularly survey and monitor the scale of the homeless population
38 "Homelessness research: A guide for economists (and friends)." 2019.
https://www.sciencedirect.com/science/article/abs/pii/Sl 051137718302109
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 34
• Provide or seek new funding for supportive housing such as rent vouchers or a City -
owned supportive housing development
• Study alternatives for providing supportive housing with City funding or grant funding
• Inventory hotels/motels which could be candidates for purchase and conversion to
permanent supportive housing
• Explore programs and partnerships that could enable more social, health, and human
care services to establish branch locations in Port Orchard.
3.3 - Support Staffing Needs
Action: Fund, recruit, and hire a housing coordinator to help implement this Housing
Action Plan, connect and collaborate with housing stakeholders, and promote more
market -rate and affordable housing development in Port Orchard.
A housing coordinator would be a specialized
position in the Community Development
Department that promotes implementation of the
Housing Action Plan and provides long-term policy
support and relationship -building among Port
Orchard's residents, landlords, developers, human
service providers, and City staff.
This could be a permanent position or, at a
minimum, a two year position focused on
implementing the Housing Action Plan.
Key responsibilities for the position should include:
• Implement the actions and strategies of the Housing Action Plan
• Plan, organize, coordinate, and implement the work plan and policies related to the City's
housing policies, projects, and programs. Study, evaluate, and recommend housing
policies and procedures.
• Serve as the City liaison to other departments and advisory boards on housing issues
related to housing policy and provide citywide leadership and coordination on housing
policy issues.
• Oversee and manage the City's housing funds including the housing sales tax and
Community Development Block Grant funds. Monitor other state funding and grant
opportunities and write applications for funding, including joint applications with partner
agencies.
• (If implemented) Administer and monitor the MFTE program and provide guidance for
property owners
• Monitor housing production, the number and location of affordable housing units, and
the number of unhoused people in Anacortes and support PCED department reports on
housing and demographic trends
• Build relationships with community partners in the non-profit, public, and private sectors,
including acting as liaison to the Anacortes Housing Authority, Anacortes Family Center,
and the Anacortes Community Health Council
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 35
• Market Anacortes to the residential real estate industry and manage inquiries, with a
focus on promoting the qualities of the town, economic development opportunities, the
friendly regulatory environment, and any financial incentives available
• Recruit human service providers and senior housing developers to locate and build
facilities in Anacortes
• Connect businesses and prospective residents to housing listings and providers
• Connect tenants and landlords to resources help resolve disputes
• Educate property owners and developers on development regulations and site -specific
opportunities and share resources such as case studies, best practices, property
maintenance standards, and property tax resources
• Monitor changes to the Growth Management Act and related state laws on housing
Qualifications for the position should include:
• Bachelor's degree in planning, real estate, public administration, finance, economics,
business, or other fields where the knowledge and skills can translate to the
responsibilities of the position.
• Considerable (3-5 years) experience in program management, affordable housing policy,
community planning, public policy, real estate finance or development, business
administration, or economic development.
• Proficiency with Microsoft Office and other software related to planning operations.
The ideal candidate will:
• Have a creative, open-minded, and pragmatic attitude.
• Thrive in a fast -paced, team -based environment while also being able to work
independently.
• Clearly communicate ideas and concepts.
• Have strong organizational and data analysis skills.
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 36
4 - Citywide Planning Strategies
These actions relate to the City's budget and updating the Comprehensive Plan.
4.1— Housing Element Updates
Action: In the next Comprehensive Plan update, update the Housing Element to
support the actions of this Housing Action Plan and integrate new provisions required
by state law.
Recent updates to the Growth Management Act require some updates on data and
goals/policies for the Comprehensive Plan's Housing element. Many of these required updates
overlap with the data and objectives provided in this Housing Action Plan, though some
additional work may be needed.
In addition to statements of goals, policies, objectives, and mandatory provisions for the
preservation, improvement, and development of housing, updated RCW 36.70A.070(2) (2021)
now requires:
• An inventory and analysis of existing and projected housing needs that identifies the
number of housing units necessary to manage projected growth including:
o Units for moderate, low, very low, and extremely low-income households
o Emergency housing, emergency shelters, and permanent supportive housing
• Goals and policies for moderate density housing options including, but not limited to,
duplexes, triplexes, and townhomes
• Identify sufficient capacity of land for housing including, but not limited to, government -
assisted housing, housing for moderate, low, very low, and extremely low-income
households, manufactured housing, multifamily housing, group homes, foster care
facilities, emergency housing, emergency shelters, permanent supportive housing, and
consideration of duplexes, triplexes, and townhomes
• Makes adequate provisions for all economic segments of the community, including:
o Low, very low, extremely low, and moderate -income households
o Documenting programs and actions needed to achieve housing availability
including gaps in local funding, barriers such as development regulations, and
other limitations
o Consideration of housing locations in relation to employment location
o Consideration of the role of accessory dwelling units in meeting housing needs
• Identify local policies and regulations that result in racially disparate impacts,
displacement, and exclusion in housing, including:
o Zoning that may have a discriminatory effect
o Disinvestment
o Infrastructure availability
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 37
Identify and implement policies and regulations to address and begin to undo racially
disparate impacts, displacement, and exclusion in housing caused by local policies,
plans, and actions
Identify areas that may be at higher risk of displacement from market forces that occur
with changes to zoning development regulations and capital investments; and
Establish anti -displacement policies, with consideration given to the preservation of
historical and cultural communities as well as investments in low, very low, extremely
low, and moderate -income housing; equitable development initiatives; inclusionary
zoning; community planning requirements; tenant protections; land disposition policies;
and consideration of land that may be used for affordable housing.
In the annual amendment cycle or the next major update (due in 2024), the Housing Element
could be updated with specific policies relating to the many strategies and actions of this
Housing Action Plan. Relevant HAP actions to acknowledge at the comprehensive planning
level may include, but are not limited to, the following:
• Development regulation streamlining that provides more housing options
• Guidance on homelessness reduction and prevention
• Support for a multifamily tax exemption program, tax increment financing for
infrastructure and affordable housing, and transit funding to support housing and
economic development
• Policies for the acquisition and disposition of surplus public land for affordable housing
(see Strategy 4.4), especially City -owned land in downtown.
• Support for new anti -displacement policies
4.2 — Land Use Element Updates
The Comprehensive Plan Land Use element should be reviewed for potential updates on these
issues.
4.2.1 — Corridor Zoning
Action: In the next major Comprehensive Plan Update, review the balance between
residential and commercial land capacity and adjust the future land use map.
Some of Port Orchard's major transportation corridors are targeted for considerable transit
investments by Kitsap Transit. The Comprehensive Plan update should consider whether land
use regulations and infrastructure plans are supportive of transit -oriented development,
particularly in designated centers.
The City's primary commercial corridor, Bethel Road, is planned to have an upgraded roadway
with roundabouts and bike and pedestrian infrastructure in the next few years. At the same time,
Kitsap Transit plans a bus rapid transit route in the corridor. However, there is room for
improvement in land use and amenities in the transit walkshed (a quarter to half mile). The
corridor has a patchwork of zoning with few clear patterns and low building height limits,
including low -density residential zoning both in and outside the city limits. Existing development
is largely not pedestrian -oriented, being characterized by large parking lots, low -scale
commercial buildings, residential cul-de-sacs, and a discontinuous street grid. The Commercial
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 38
Heavy zone does not allow general residential development, potentially locking in suburban -
style strip malls and shopping centers on large parcels. There are no public parks, schools,
community centers, or other civic amenities in the corridor that can help attract and serve high -
density residential development. Opportunities for infill and mixed -use redevelopment, including
affordable housing, should be explored in the Comprehensive Plan and/or a future Bethel
subarea plan.
The Mile Hill corridor has similar challenges but at a smaller scale. Incentives could be adjusted
to support redevelopment of strategic sites like self -storage facilities and large parking lots.
Explorations should consider the proximity to Downtown, South Kitsap High School, and
Blackjack Creek.
The Tremont, Pottery, and Sidney corridors are generally characterized by R2 or BPMU zoning
and proximity to parks and schools. Kitsap Transit plans transit service enhancements in some
of these areas. Upzones to allow at least low -scale multifamily development in more areas
should be considered.
The Lund and Jackson corridors in the unincorporated urban growth area could also be
explored for near -term annexation and subsequent zoning that incentivizes infill middle housing
and multifamily housing which helps pay for infrastructure and services. These areas are mostly
developed with a mix of low -to -medium density housing and have an identity linked to Port
Orchard. Proximity to South Kitsap Regional Park and several schools is an asset to be
leveraged.
4.2.2 — Commercial Uses in Residential Zones
Action: In the next major Comprehensive Plan Update, review the opportunity for
allowing small neighborhood commercial uses in residential neighborhoods.
Residential zones are not permitted to have restaurants, cafes, convenience stores, small
shops, or any other kind of small commercial use to help people meet daily needs nearby. While
the Comprehensive Plan has policies promoting mixed -use development, the zoning in most of
the city does not reflect this and people mostly need to drive for their shopping and social
needs. Alternatively, more NMU and/or RMU zones could be strategically distributed within
residential neighborhoods to allow such an opportunity. This strategy would help reduce driving
and increase entrepreneurial opportunities.
Forest Park Grocery and Deli near the intersection of West Avenue and South Street is a good
example. It's zoned as an island of Neighborhood Mixed Use amid an R2 area. The City of
Anacortes permits "neighborhood grocery stores" with dining areas and up to 1,200 square feet
as a conditional use in most residential zones.
If integrated into existing residential uses, consider the following provisions to improve viability
while minimizing neighborhood conflicts:
• Limit the size of such uses to somewhere between 1,000 to 2,500 square feet and make
clear distinctions whether it's net (e.g., customer areas only) or gross area. Uses with
dining likely should be on the smaller side of that range to minimize neighborhood
parking impacts.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 39
• Consider restricting uses to corner lots, which are more visible and have more curb
space for on -street parking (available on -street parking is essential).
• Consider reductions in required off-street parking to minimize the need for parking lots
that can disrupt the visual character of the neighborhood (and likely won't fit on the lot
anyways). Example, for corner lot nonresidential uses with less than 1,000 square feet of
net/customer floor area, don't require any additional off-street parking.
• Prohibit outdoor service and storage uses that go beyond the typical needs of permitted
residential uses.
4.2.3 — Parking
Action: In the next major Comprehensive Plan Update, review the need for minimum
parking requirements citywide and review national case studies for best practices.
Parking is an issue that should be revisited in the next Comprehensive Plan update. Consider
policy support for removing minimum requirements entirely, as is increasingly being done in
cities and states across the country and called for by professional planning and engineering
organizations.19, 40
Removing parking requirements does not have any immediate effect on housing supply or
prices or neighborhood design. Over time, it gives the power of parking design back to property
owners and businesses to decide how much parking they need to attract tenants and
customers.41 New development will still include parking spaces, but the number of spaces will
be decided based on what owners need based on their experience and budget rather than
government rules.41
Removing the minimum requirement can also ease the
renovation of older vacant buildings and allow new small
businesses to open in commercial spaces where they
couldn't before. Removing parking requirements
significantly reduces the red tape and studies that are
required to justify modifications, reductions, or cooperative
parking agreements, the costs of which may exceed the
budgets of local property owners or small investors. Starter
homes like townhomes and condos may become easier to
build and improve homeownership opportunities.
Removing parking standards would complement increased
transit service, as discussed in Strategy 5.6.
39 "Parking Reform Network." https://parkingreform.org/resources/mandates-map/
40 "Rethinking Parking Minimums." Institute of Transportation Engineers. February 2019.
https://www.dropbox.com/s/1 becvgm8ebznwj2/ITE°io20journal.pdf?dl=0
41 "End Parking Mandates & Subsidies." Strong Towns. https://www.stronatowns.ora/parkina
42 "Save Anchorage from Parking Mandates." Sightline. September 2022.
https://www.s ightl ine.org/2022/09/30/save-anchorage-from-parking-mandates/
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 40
4.3 — Public Land for Affordable Housing
Actions: Consider rezonings, environmental assessments, pre -development activities,
and partnerships to promote use of surplus public land for affordable housing.
The City has a modest amount of surplus publicly -owned land. Some of it is well -located or
positioned to merit consideration for housing development. Considerations for key properties
and strategies are described in this section. Other public lands (such as those owned by Kitsap
County, the Port of Bremerton, and other agencies) could be reviewed in the future.
4.3.1 — Disposition Policy
Formally adopt a surplus land disposition policy that gives the right -of -first -refusal to affordable
housing developers or other community -determined uses, consistent with the allowances of
RCW 39.33.015 (2018). This could be adopted by City Council resolution and embedded within
the Comprehensive Plan's Housing Element (also see Strategy 4.2).
4.3.2 — Land Acquisition
The cost of land can be a major cost for any housing development, and providing a discounted
land lease or sale can help some projects become economically viable. Since the City does not
have much surplus land, the City can identify and purchase underutilized or vacant properties
that can be developed as affordable housing. Land assembly can be a powerful tool for putting
together larger sites that can be redeveloped at a more economically feasible scale.
This strategy could be focused on close -in locations (e.g. Downtown and the Bethel Avenue and
Mile Hill Drive corridors) where land ownership is fragmented. Port Orchard may also focus on
vacant, abandoned, or tax -delinquent properties. These sites usually have negative impacts on
surrounding properties and the City's role would include resolving ownership issues and/or
addressing tax liens or land encumbrances that otherwise deter developers from pursuing these
properties.as
Once acquired and assembled, Port Orchard would lease or sell the land for affordable housing.
See the related need for a land disposition policy in Strategy 4.4.1
4.3.3 — Tremont/Pottery Roundabout Property (Parcel 342401-4-016-2001 & 342401-
4-015-2002)
This is a one -acre vacant site within the Tremont Center and zoned Commercial Mixed Use. The
site could be viable for townhomes or multifamily development with a small commercial
component. It is eligible for the Type 1 and Type 3 MFTE programs, which could improve the
feasibility of affordable housing on the site.
While Tremont Street is newly rebuilt with pedestrian and bike infrastructure, the general area is
not walkable to services besides gas stations, medical offices, and schools. This and parking
requirements will require a significant portion of the site be dedicated to surface parking,
limiting the housing capacity of the site. Some amount of structured parking might be
43 "Support the Reuse of Abandoned, Vacant, & Delinquent Properties." Family Housing Fund.
https://www.fhfund.org/report/reuse-of-abandoned-properties/
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 41
economically feasible with the savings from a discounted land transfer, though the site's
irregular shape could make efficient parking layouts a challenge. Parking could potentially be
shared with the healthcare facility directly behind the site to the north.
Development could fully or partially vacate Alder Lane, which is City right-of-way and does not
serve any other properties. The site could also potentially expand by acquiring part of the
adjacent healthcare facility site if there is underutilized parking there; that site is zoned as
Public Facilities which does not allow any residential land uses.
r star.
v �r
4.3.4 — Mitchell Avenue Property (PU&el 252401-3-045-2009)
This is a 1.7 acre forested site within the Lower Mile Hill Center and it is zoned R4, which allows
up to four-story buildings. The site boundary has a small cutout of R3 zoning where there is a
cell phone tower. The site could be viable for townhomes or multifamily development. The site
is across the street from South Kitsap High School and could be an ideal location for family
housing (units with two or more bedrooms). It is eligible for the Type 1 MFTE program, which
could improve the feasibility of affordable housing on the site.
The site is moderately sloped, with a 70 feet elevation difference between the top and bottom of
the property (a horizontal distance of 240 feet). The topography may add construction costs
and reduce housing capacity, but the economic feasibility may be improved with the savings
from a discounted land transfer. The site could potentially be configured with two separate
clusters of buildings at the top and bottom of the hill. The site is bordered to the west and north
by strips of undeveloped City right-of-way, which could be vacated to expand the site and/or
provide access solutions.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 42
The site could also potentially expand by acquiring one or more of the adjacent parcels,
particularly off Bethel Avenue, to increase circulation options and improve economies of scale.
The adjacent commercial properties are either vacant or have low -value improvements, they are
zoned Gateway Mixed Use, and they are within the Downtown Height Overlay District 5 which
allows up to five -story buildings.
Legend
City -Owned Parcels
Other Parcels
4.3.5 — Maple Avenue Property (Parcel 4062-003-005-0006)
This is a 0.9 acre vacant site within the Downtown Center and it is zoned R1. It would need to be
rezoned to allow for residential use. It is directly adjacent to sites zoned Gateway Mixed Use.
Being in Downtown but off Bay Street, the site is most suitable for multifamily development. It is
not currently eligible for any MFTE programs but would be if rezoned.
This parcel is owned by the water utility and it would need to be purchased from the City's
enterprise budget fund; the applicability of a discounted transfer for affordable housing under
RCW 39.33.015 needs to be determined. An additional challenge is the shoreline jurisdiction of
Blackjack Creek. Access road improvements would likely be needed; currently, Maple Avenue is
a rustic single -lane roadway. The intersection with Maple Avenue, Bethel Avenue, and Bay Street
is planned to be improved with a roundabout.
The site is bordered to the east and west by strips of City right-of-way, which could be vacated
to expand the site and/or provide access solutions. The site could also potentially expand by
acquiring one or more of the adjacent parcels, particularly off Bethel Avenue, to increase
circulation options and improve economies of scale. The adjacent residential and commercial
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 43
properties appear to have low -value improvements and are zoned to allow four -to -five story
buildings.
jr Legend
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' 4ATM1s 1
City -Owned Parcels
!� Other Parcels
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Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 44
5 - Funding Strategies
These actions relate to the financing and funding of affordable housing and related issues like
taxes, fees, and state law.
5.1- Multifamily Tax Exemption Program
Action: Update the MFTE program based on increased developer interest in
multifamily and mixed -use projects to streamline requirements, balance affordability
and foregone tax revenue, and take advantage of increased flexibility in statewide
legislation.
5.1.1 — MFTE Overview
A multifamily tax exemption (MFTE) program is authorized by a 1995 state law, RCW 84.14.
Cities can grant an 8-year property tax exemption for any multifamily development, or a 12-year
exemption for multifamily developments that reserve at least 20 percent of units for low- and
moderate -income households. Starting in 2021, cities may also offer a 20-year tax exemption
for ownership units if at least 25 percent of these condominium units are sold as permanently
affordable ownership housing.44 A MFTE program can be used for new buildings or existing
buildings that require major rehabilitation. Affordability covenants expire after 12 years and
cannot be renewed. For cities under 20,000 residents, both the 12-year and the 20-year
programs require the development to be in a zone that allows at least 15 dwelling units per acre.
Land, existing site improvements, and non-residential improvements are not exempt and are
subject to normal property taxes. At the local government's discretion, the exemption's basis
may be limited to the value of affordable units or other criteria. The local government has
latitude in many aspects. It can require certain public benefits, change what types of
development apply, and can map specific areas where the exemption is available. Cities can
also set lower maximum rent prices than the statute allows and other lease stipulations such as
requiring the participating units to be pet -friendly.
[PLACEHOLDER IN CASE ANY CHANGES TO MFTE COME OUT OF THE 2023 LEGISLATURE]
5.1.2 — Port Orcharril MFTF Riimmary
Port Orchard has had an MFTE program in place since 2016, which is codified under Chapter
3.48 POMC, and which provides three types of exemptions. The "Type 1" program is a 12-year
exemption available to properties zoned for multifamily or mixed -use near transit or ferry and
requires 20 percent of units to be rented at affordable rates based on HUDs fair market rent.
The "Type 2" program is an 8-year exemption available to abandoned or underutilized properties
within local centers of importance which are encouraged to redevelop. The "Type 3" program is
an 8-year exemption available to properties within local centers of importance and zoned for
multifamily or mixed -use with requirements for denser, "urban" style development: a minimum
density of 50 units per acre and at least 50 percent structured parking, shopfronts equal to 40
percent of all building footprints, or additional height purchased through the city's transfer of
" "Overview of 2021 Changes to the Multifamily Housing Tax Exemption Program." Washington State Department of
Commerce. https://deptofcommerce.box.com/shared/static/7k5p88yv4lm8ot882abtzafwzlofkfO5.pdf
Port Orchard Housing Action Plan - June 2023 1 DRAFT -March 28, 2023 Page 45
development rights program. A total of four projects totaling 332 units (including 20 affordable
units) have been built using Port Orchard's MFTE program, and four more projects totaling 427
more units (including 45 affordable units) are currently in progress. For a full summary of Port
Orchard's MFTE program, see Section 5 of the Existing Conditions and Housing Needs Analysis
Report in the Appendix.
Port Orchard's method of setting subsidized rents in MFTE projects at 10 percent below HUD
fair market rents is unusual, as most jurisdictions in Washington rent subsidized MFTE units to
families earning between 80 and 115 percent of HUD's MFI for their area, and cap the rent at 30
percent of the household's income, adjusted for household size. 45 However, Port Orchard's
system meets legal state requirements and, based on a preliminary analysis, seems to result in
rents which are lower than those based on the larger Bremerton -Silverdale MSA HUD MFI.
5.1.2 — Recommendations
Port Orchard has seen an increase in proposed downtown residential -commercial mixed -use
projects in recent years. Since these types of projects would be eligible for MFTE funding, it is
important to revisit and potentially update some aspects of the program to balance the benefit
and foregone tax revenue of affordable units to ensure the program's goals are being met and
to address recent changes in the program allowed under state law.ab
Clarify map and zoning of areas of MFTE eligibility. MFTE projects must be in urban centers as
defined by RCW 84.14.010, which describes compact districts with a variety of shops, a mix of
uses, and public facilities. Port Orchard's municipal code contains maps of parcels eligible for
MFTE funding, but they are difficult to read and are not updated with the latest parcel lines, as
shown below in Figure 6. An improved map which shows both the city's established "centers"
and the outline of areas eligible for MFTE development at a larger scale would streamline the
process for potential developers
Figure 8. Maps of parcels currently eligible for the Type 1, Type 2, and Type 3 MFTE programs. Source.'
City of Port Orchard Municipal Code
Correct definition of underutilized buildings. POMC 3.48.040(2)(a)(iii) states that underutilized
buildings have an "assessed building value to land ratio of two -to -one or more." This appears to
be backwards, as underutilized buildings are defined by a low building to land -value ratio. The
45 Following HUD's definition of a "cost -burdened" household
46 A comprehensive list of 2021 legislative changes to the MFTE program can be found here:
https://deptofcommerce.box.com/shared/static/7k5p88yv4l m8ot882gbtzafwzlofkf05.pdf
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 46
code should be revised to state "building value to land ratio of two -to -one or less," or land value
to ,building value ratio of two -to -one or more."
Add minimum density in units per acre to multifamily and mixed -use zones. State law requires
that 12-year and 20-year MFTE programs which contain affordable rental or homeownership
units be located in areas zoned for a minimum average density of 15 units per acre in cities with
populations under 20,000. Port Orchard does not currently define minimum unit densities in its
code, although the allowed zoning in MFTE areas likely meets this threshold based on allowed
height, setbacks, FAR, etc. However, to better comply with state law, quantify minimum
densities in the zoning code for mixed -use and multifamily zones. See Section 2.3.2 for further
considerations on adding minimum densities.
Consider changes to the method of income calculations for affordable units and conduct an
audit of the program. Port Orchard's program is unusual in that it uses HUD fair market rent to
calculate rents for subsidized units. Although the system seems to be working and is allowed
under state law, it may be more complex for developers or property managers who are
accustomed to methods used in most other cities where MFTE programs are tied to the HUD
median family income. If the City wishes to ensure a deeper level of affordability compared to
the MFI, the program could be calibrated to a lower level (such as 60 percent rather than 80
percent MFI). Regardless of the method used, the city should audit the MFTE program annually
to ensure that the cumulative benefit to income -restricted residents is greater than the foregone
revenue from the tax exemption. This audit should be conducted by the Community
Development or Finance department and should result in an annual report presented to city
council. Additionally, consider partnering with Housing Kitsap for MFTE administration and to
reduce city staff's workload when verifying incomes of subsidized unit residents, since housing
authorities have infrastructure and skills in place to conduct such income verifications.
Consider removing transit proximity for affordable units. Port Orchard's Type 1 program
currently requires projects to be within 1/2 mile of a transit stop or ferry terminal. Although this
provides benefits to lower -income residents who do not own vehicles, the quality and availability
of transit service in Port Orchard is low and is a recent study by WSDOT indicates that transit in
the city is not at the level or frequency which encourages residents to own fewer vehicles.47 It is
also not clear that transit proximity has any practical effect, since the maps for the Type 1 and
Type 3 programs appear nearly identical. Removing this requirement could expand eligible
projects and the distribution of affordable units across the city.
Consider a height bonus for MFTE developments. Currently Port Orchard allows a height bonus
for Type 3 MFTE developments through the Transfer of Development Rights (TDR) program.
Such programs are rarely used. Numerous cities in Washington, including Port Angeles and
Kirkland, allow height bonuses in exchange for the provision of affordable units in their MFTE
programs. Consider adding such a bonus to the MFTE to improve development feasibility. Such
a program could have separate height bonus allowances based on zoning and MFTE program
type. See detailed zoning recommendations in Section 2.3.1 for more details.
47 "Frequent Transit Service Study." Washington State Department of Transportation.
https://enaaae.wsdot.wa.aov/frequent-transit-service-studV
Port Orchard Housing Action Plan - June 2023 1 DRAFT —March 28, 2023 Page 47
Streamline requirements for Type 3 program. The Type 3 program currently has somewhat
stringent requirements to create denser, urban -style buildings through various criteria. Although
the intention to stimulate higher density development in centers is an important component of
the program, recent projects suggest that the share of structured parking, density, and
commercial square footage required may be disincentivizing use. Each of the three
requirements could be streamlined to increase viability of participating in the program:
The requirement for 50 percent structured parking combined with 50 units per acre of
density may be redundant since the only way to achieve higher densities is by putting
parking into structures. Eliminating the structured parking requirement but retaining a
relatively high -density requirement (40-50 units per acre) would effectively require that
the project either include structured parking or that surface parking ratios are relatively
low.
• Reducing the requirement for 40 percent of all building footprints to contain
commercial use or replacing this requirement with a required minimum percentage of
the frontage being commercial would be appropriate given the exiting amount of
commercial zoning in Port Orchard. The design requirements in the MFTE ordinance
may also be superfluous given the existing block frontage standards in POMC 20.127.
• Finally, an overall height bonus for MFTE developments as discussed above may be
more effective than the TDR height bonus option currently in the Type 3 program.
Reduce minimum number of units required for participation. Port Orchard's program currently
requires a minimum of 10 units in a project to qualify for the MFTE program. State law only
requires a minimum of four units. Updating the Port Orchard program to require a minimum of
four units would bring the program in line with statewide standards as well as potentially
providing added feasibility for smaller "missing middle" housing types.
Consider adding a 20-year MFTE program. Since 2021, cities under 20,000 residents such as
Port Orchard can add a 20-year ownership MFTE program under RCW 84.14.021(1)(b) where at
least 25 percent of units must be sold to a qualified nonprofit or local government partner that
will ensure permanent affordable homeownership. Providing affordable homeownership
opportunities to low- and moderate -income households can help build wealth for households
which otherwise could not afford to own a home.
5.2 — Development Fee Adjustments
Action: Consider adjusting development fees for 2-4 unit buildings and some fee
discounts for affordable housing while continuing to offer sewer and water exemptions
for small ADUs.
Port Orchard, like many municipalities, levies impact and development fees on new construction
to fund improvements in infrastructure for schools, parks, and other services, as well as hookup
and general facilities charges for water and sewer connections to new developments.
Stakeholders interviewed by the HAP project team in 2022 indicated that Port Orchard's fees are
considered to be high, particularly in relation to Kitsap County's fees and other nearby
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 48
jurisdictions. A full breakdown of Port Orchard's impact fees can be found in the appendices of
the Existing Conditions and Housing Needs Analysis Report.
Water and sewer hookup fees and general facilities charges are difficult to compare due to
different structures across municipalities, but Port Orchard's seem to be at the higher end of the
Kitsap region, at $11,571 per water hookup and $12,788 per sewer hookup per ERU (defined in
the code as one single-family dwelling unit of any type, attached or detached). By comparison,
Bremerton charges $4,245 for water hookups and Poulsbo charges $5,065 for water hookups
and $11,211 for sewer hookups per ERU.
Port Orchard does prorate its impact fees by unit type. This is a best practice in encouraging a
diversity of housing types and sizes. However, the margins of discount for 2-4 unit buildings
could be increased to incentivize more "Middle Housing" development. Any reduction in impact
or hookup fees or GFCs would need to be rebalanced elsewhere for market -rate development. In
addition, some cities reduce impact fees for affordable housing units and are allowed to reduce
such fees by up to 80% under RCW 82.02.060. Port Orchard could consider some reductions for
affordable housing units to incentivize more development of subsidized units. Port Orchard also
exempts small ADUs from sewer and water hookup fees as discussed in Section 5.4, another
best practice in encouraging infill housing.
5.3 — Local Bank Funding
Action: Encourage local banks to create a fund for affordable housing finance
Under the Community Reinvestment Act (CRA), banks are required to meet the credit needs of
low- and moderate -income households in communities in which they operate. Many banks meet
their CRA requirements by investing in Low -Income Housing Tax Credits (LIHTC), providing
capital to nonprofit affordable housing providers who use the capital to build regulated
affordable housing, usually for households earning under 60-80 percent of the AMI. Outside of
LIHTC, some banks are also working with cities across the country to fund other types of
affordable housing, including "workforce" housing for households earning between 80 and 120
percent AMI, through non -tax credit programs. 48 For example, the Charlotte Housing Opportunity
Fund combines city bond money with private investment from banks to provide gap funding for
affordable housing projects. The fund has doubled the city's affordable housing finance pool
since 2019, creating or preserving 1,047 housing units in the city.49 The Washington Housing
Initiative Impact Pool is a similar nonprofit -run fund which targets housing for low- and
moderate -income African American residents of Washington D.C.50
Port Orchard could consider working with local banks to create a such housing fund which
could be used for gap financing of affordable housing projects and which would encourage
local banks to invest in the Port Orchard community. Outreach to and coordination with the local
48 Mattson-Teig, Beth. "Banks Focus CRA Dollars on Affordable Housing." WealthManagement.com, Jan 2, 2020.
https://www.wealthmanagement.com/finance-lending/banks-focus-cra-dollars-affordable-housing
49 "Charlotte Housing Opportunity Investment Fund creates affordablew housing and model for the future." LISC
Strategic Investments, June 14, 2022. https://www.Iiscstrategicinvestments.org/post/choif-three-year-impact-report
so -Washington Housing Initiative Impact Pool: 2021 Impact Report." JBG Smith.
https://www.washinatonhousinainitiative.com/_files/ugd/36926a_l 82d6b3b6e814466a17bf33ec1616407.pdf
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 49
lending community could be part of the work of the housing coordinator position described in
section 3.3.
5.4 — Tax Increment Financing
Action: Explore the potential to use Tax Increment Financing (TIF) for identified sites
and projects in the Downtown and Waterfront areas.
In 2021, Washington State granted new powers of tax increment financing (TIF) to the state's
cities, counties, and port districts.51 This funding mechanism allows municipalities to establish
a geographic district (called the increment area) that is expected to benefit the most from a
proposed new infrastructure investment. Typically, bonds are issued at the outset and the
additional tax revenue resulting from the increased land and property values are then captured
to pay for the new infrastructure and pay off the bonds.
TIF is widely used in other states across the country, but Washington's new program has some
specific guidelines which differ from other states. In Washington, the state school levy and
some other local taxes used to repay general obligation bonds are exempt. Additionally, TIF
financing can only be used for specific authorized public improvements which are expected to
encourage private development and increased assessed valuation which would not otherwise
happen without the improvements. These improvements may be located inside or outside the
increment area and include streets, water and sewer systems, sidewalks, streetlights, parking
facilities, parks and recreational areas, broadband service, or brownfield mitigation. TIF can also
be used to pay for long-term affordable housing, childcare service, providing maintenance and
security for public improvements, and acquiring property for historic preservation. Unlike in
other states, TIF funding in Washington can only be used for the specified projects or
improvements set forth in the initial application, and project lists cannot be modified later. Thus,
TIF is only applicable to existing and well-defined projects with specific infrastructure needs.
The TIF district must have a maximum sunset date of 25 years and not have an assessed
valuation greater than $20 million, and each city may not have more than two districts.sz
Explore the possibility of using TIF in Port Orchard's downtown and/or waterfront areas to
continue to catalyze redevelopment projects, street or active transportation investments as
identified in the 2021 Downtown Subarea Plan.53 Infrastructure or utility investments to support
denser mixed -use developments such as the proposed development at 640 Bay Street54 could
help support increasing housing supply downtown. TIF funds could also be used for identified
projects in the Subarea plan such as a concept plan to "break down the scale of existing large
51 "Tax Increment Financing (TIF)". Municipal Research Service Center. hitps://mrsc.org/Home/Explore
Topics/Economic-Development/Financing-Economic-Development/Tax-Increment-Financing.aspxx
52 "Washington State's Expanded TIF Authority Creates Powerful Catalyst for Public -Private Partnerships." Denis
Wright Tremaine. May 2022. hitps://www.dwt.com/insights/2021/05/washinaton-state-tax-increment-financing-
law
53 City of Port Orchard. "Downtown Port Orchard Subarea Plan."
htips://storage.googleapis.com/proudcity/portorchardwa/uploads/2021 /07/FINAL-ADOPTED-Downtown-Subarea-
Plan-and-Regs-reduced.pdf
54 Detailed in the "Project Spotlights: Downtown Mixed Use" section of the Existing Conditions and Housing Needs
Analysis Report.
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 50
scale sites to provide a more walkable land -use pattern", or for streetscape and pedestrian
improvements to enhance livability of potential waterfront or downtown redevelopment sites,
particularly if or when such sites have development proposals.
TIF funding could also be considered for the Bethel/Sedgewick Corridor, which was the subject
of a corridor study in 2018 recommending changes to the road design which could be financed
through this funding mechanism.
5.5 - Funding for ADU Development
Action: Explore the possibility of partially financing or streamlining ADU development
and permitting processes, particularly for lower -income homeowners.
Cities across the U.S. have adopted a variety of programs designed to reduce the cost of ADU
development for homeowners, including minimizing design review, waiving permit or utility fees,
providing technical assistance, and providing sources of financing." Port Orchard currently
allows ADUs of less than 1,000 square feet to be served by the same water and sewer
connections as the primary residence, a significant savings." In addition, Port Orchard
amended its ADU standards with Ordinance 038-22 in October 2022 which removes owner
occupancy and parking requirements for ADUs, two of the most common barriers to ADU
construction and feasibility.
Numerous municipalities including Boston, Los Angeles, Montpelier, VT, and Santa Cruz County,
CA have established programs which incorporate equity and loan assistance as well as
technical assistance and simplified permitting processes.s' Funding sources for these
programs include Community Development Block Grants, cities, philanthropists, and
partnerships with nonprofits such as Habitat for Humanity. Many of these programs are
targeted at lower -income renters, requiring either that the ADU be made available to households
earning 80% AMI or lower, or to households using Housing Choice (Section 8) Vouchers.
Onerous income reporting requirements can be a disincentive.
In some cases, these programs have been targeted at lower -income homeowners as well, such
as the Small Homes Northwest community ADU demonstration project implemented by
Hacienda CDC in Portland and funded by the Oregon legislature, which helps income eligible
homeowners develop ADUs in neighborhoods at risk of gentrification.
55 Chapple, Karen, Wegmann, Jake, Mashood Farzad, and Coleman, Rebecca. "Jumpstarting the Market for Accessory
Dwelling Units." Urban land Institute. https://ternercenter.berkeley.edu/wp
content/uploads/pdfs/Jumpstarting_the_Market=-_ULI.pdf
56 Port Orchard Municipal Code 13.04.030(1)(e)(i), 13.04.040(1)(e)(i)
57 ADU Aid Programs Across the U.S." Villa. https://villahomes.com/blog/adu-aid-programs/
Port Orchard Housing Action Plan — June 2023 1 DRAFT —March 28, 2023 Page 51
5.6 — Transportation Benefit Districts Funding
Action:
[Section pending]
5.7 — State Advocacy
Action: Advocate for additional state investment in the Housing Trust Fund,
condominium law reform, and Growth Management Act updates.
Surveying done for this HAP found strong community support for "City advocacy for more
county, state, or federal funding for affordable housing projects." Primarily, this should involve
lobbying the Legislature for more funds in the state's Housing Trust Fund, which provides
capital funding." The trust has helped build or preserve more than 50,000 affordable housing
units statewide since 1986. The Legislature appropriates funding to the trust every biennium.
More money in the trust would help smaller communities like Port Orchard (and the affordable
housing providers who work in Port Orchard) have a greater chance of receiving funding.
Port Orchard could also update its legislative agenda with condominium legislation reform.
Condos are a highly in -demand type of ownership housing, especially for first-time homebuyers
and seniors seeking to downgrade, but they are rarely built in Washington State due to the
liabilities placed on developers under state law.59, 61 The main barriers are a requirement for a
10-year warranty against construction defects and additional building code and inspection
requirements that do not apply to rental apartments.
The City may comment on reform to the State Environmental Policy Act (SEPA), which can add
significant delay and complications to approval of residential development. Advocacy might
involve exempting all residential development from SEPA review if the development intensity is
consistent with the Comprehensive Plan.
In addition, the City may comment on updates to state law that affect land use, housing, zoning,
and transportation. As noted in Section 1.4, zoning preemptions and other changes to the
Growth Management Act are likely to be proposed and debated by the Legislature in the coming
years. The City should provide input on proposals that affect the implementation of the Housing
Action Plan, either independently or through its involvement in statewide organizations like the
Association of Washington Cities.
Continued coordination and involvement with regional partners (such as Kitsap County) and the
federal government is also recommended to promote and fund affordable housing.
58 "Housing Trust Fund." Washington State Department of Commerce. https://www.commerce.wa.gov/building-
infrastructure/housing/housing-trust-fund/
59 "Washington state's condo law changes could ease restrictions." Spokane Journal of Business, November 2021.
https://www.spokane'ournal.com/specia I-report/washi ngton-states-condo-law-changes-could-ease-restrictions/
60 "As Gen X and Boomers Age, They Confront Living Alone." The New York Times. November 2022.
https://www.nytimes.com/2022/11/27/us/livina-alone-aaina.html
Port Orchard Housing Action Plan - June 2023 DRAFT —March 28, 2023 Page 52
6 - Implementation
The planning matrix below organizes the actions of this Housing Action Plan. The City Council
and Mayor will be involved in most or all action implementation through ordinances, resolutions,
budgeting, and partnerships with other agencies. This matrix should be used as a framework for
regular progress reports on implementation and could be a live document on the City website.
[TO BE COMPLETED + ADD TABLE TITLE AND NUMBER]
DepartmentL # Description Priority Lead .
Regulatory Strategies
Programmatic Strategies
Citywide Planning Strategies
Funding Strategies
6.1 - High Priority Implementation
Given the limited resources of government, it is important to set priorities. The following items
are high priority for implementation within the next 12 months.
6.2 — Monitoring
The only way to know if housing actions are successful is to measure and report on outcomes.
By developing a monitoring program, Port Orchard can track progress toward achieving housing
goals and identify where more work or changes are needed. Interviews with housing developers
one year after HAP adoption (or at other regular intervals) can also be helpful to get feedback
on what HAP actions are working well and where there may still be barriers.
Monitoring will be a key role of the new Housing Coordinator staff position. Even so, integrating
monitoring into existing work and activities could help preserve limited staff time. Monitoring
the HAP implementation could be merged into:
• DCD's annual or monthly reports to the City Council
• Monitoring of population growth and development permits
Port Orchard Housing Action Plan - June 2023 DRAFT -March 28, 2023 Page 53
• Comprehensive plan monitoring
• Buildable lands reports
Potential performance metrics based on the HAP Existing Conditions and Housing Needs
Analysis Report are listed below.
[TO BE COMPLETED + ADD TABLE TITLE AND NUMBER]
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Planning commission created.
2.20.020 Planning commission positions, terms, and term ending dates.
2.20.030 Powers and duties.
2.20.040 Recommendations to council.
2.20.050 Repealed.
2.20.060 Meetings of commission — Records.
2.20.070 Quorum.
2.20.080 Annual report to council.
2.20.010 Planning commission created.
Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall consist of
seven members appointed by the mayor and confirmed by the city council; six shall be residents of the
city and one may be a nonresident of the city except the mayor and city council may, by council
resolution, temporarily extend the term of a commissioner who, during his or her term, moves out of
the city, to provide for continuity of specific projects or planning processes. (Ord. 036-20 § 2; Ord. 025-
11 § 1; Ord. 1566 § 1, 1992; Ord. 1129, 1980; Ord. 704 § 1, 1962; Ord. 521 § 1, 1946).
2.20.020 Planning commission positions, terms, and term ending dates.
(1) Planning commissioner terms shall be four years in length. There shall be seven planning
commissioner positions to be known as Position 1, Position 2, Position 3, Position 4, Position 5, Position
6, and Position 7, respectively. The current term expiration for each of the respective planning
commission positions as of the date of the ordinance codified in this chapter is as follows:
Position Term Expiration
Position 1
December 31, 2020
Position 2
December 31, 2020
Position 3
December 31, 2021
Position 4
December 31, 2022
Position 5
December 31, 2023
Position 6
December 31, 2023
Position 7
December 31, 2023
(2) Upon expiration of the terms of each position as provided in subsection (1) of this section,
reappointments or successors shall be appointed by the mayor for the term of four years each. When an
appointment by the mayor is to fill an open position prior to the end of the term, then the person so
appointed shall serve out the term of the position into which he or she has been appointed. (Ord. 036-
20 § 2).
2.20.030 Powers and duties.
The planning commission shall have all of the powers and perform each and all of the duties specified by
Chapter 35.63 RCW, together with any other duties or authority which may hereafter be conferred upon
them by laws of the state of Washington, the performance of such duties and the exercise of such
authority to be subject to each and all the limitations expressed in Chapter 35.63 RCW. (Ord. 036-20 § 2;
Ord. 521 § 2, 1946. Formerly 2.20.020).
2.20.040 Recommendations to council.
The city council may refer to the planning commission for its recommendation and report, any
ordinance, resolution or other proposal relating to any of the matters and subjects referred to in
Chapter 35.63 RCW, and the commission shall promptly report to the council thereon, making such
recommendations and giving such counsel as it may deem proper. (Ord. 036-20 § 2; Ord. 521 § 3, 1946.
Formerly 2.20.030).
2.20.050 Plats submitted to commission.
Repealed by Ord. 047-07. (Ord. 521 § 4, 1946. Formerly 2.20.040).
2.20.060 Meetings of commission — Records.
The commission shall elect its own chairman and create and fill such other offices as it may determine it
requires. In general, the commission shall hold a regular meeting once per month; however, during any
month, the chair of the commission or the city's planning director may determine that there are no
review items requiring the planning commission to hold a regular meeting and conduct business during
that month; or, that there are review items requiring the planning commission to hold a regular meeting
and conduct business more often than once during that month. All meetings shall be open to the public
and shall be noticed in accordance with Chapter 42.30 RCW. It shall adopt rules of transaction of
business and shall keep a written record of its meetings, resolutions, transactions, findings and
determinations, which record shall be of public record. (Ord. 036-20 § 2; Ord. 521 § 5, 1946. Formerly
2.20.050).
2.20.070 Quorum.
Four members of the planning commission shall constitute a quorum for the transaction of business.
Any action taken by a majority of those present at any regular meeting of the planning commission shall
be deemed and taken as the action of the commission. (Ord. 036-20 § 2; Ord. 704 § 1, 1962; Ord. 521 §
6, 1946).
2.20.080 Annual report to council.
The planning commission, at or before its first regular meeting in February of each year, shall make a full
report in writing to the city council of its transactions and expenditures, if any, for the preceding year,
with such general recommendations as to matters covered by its prescribed duties and authority as may
to it seem proper. (Ord. 036-20 § 2; Ord. 521 § 7, 1946).
City of Poulsbo
Planning Commission Responsibilities:
The Planning Commission conducts public hearings related to the Comprehensive Plan and its
implementation, including zoning and subdivision regulations. The Planning Commission also
reviews and makes recommendations to the City Council on the adoption and enforcement of
coordinated plans and regulations for the physical development of the city. The Planning
Commission also reviews and provides recommendation to the Review Authority on certain
projects in the city, such as Conditional Use Permits and subdivisions.
Chapter 2.40
PLANNING COMMISSION
Sections:
2.40.010 Planning commission created— Membershi
2.40.020 Powers and duties.
2.40.030 Report to council —Transactions.
2.40.040 Meetings.
2.40.050 Quorum.
2.40.060 Designation of secretary.
2.40.010 Planning commission created —Membership.
There is hereby created a city planning commission, consisting of seven members, who shall be
selected as follows:
A. All members shall be appointed by the mayor, subject to confirmation by the city council.
B. At the time of appointment and throughout their term of office, each member of the
planning commission shall be a resident of the city. Any member who ceases to live within the
city limits during his/her term of office shall forfeit that office.
C. Each member of the planning commission shall serve a six -year term; provided, that the
members of the planning commission constituted pursuant to Ordinance No. 206 of the city
shall remain in office only until their present term expires and their successors are appointed, in
order to maintain staggered six -year terms for all members.
D. Vacancies occurring otherwise than through the expiration of terms shall be filled for the
unexpired terms. Members may be removed at will at any time prior to the end of their term by
the mayor, subject to confirmation by the city council.
E. Members shall serve without compensation. (Ord. 86-10 § 1 (part), 1986)
2.40.020 Powers and duties.
A. Generally. The planning commission shall have all powers and perform each and all of the
duties specified for the planning agency by Chapter 35A.63 RCW, together with any other
duties or authority which may hereafter be conferred upon them by laws of the state of
Washington, or the ordinances of the city of Poulsbo; provided, that nothing herein shall be
construed as limiting the right of the city to exercise any power granted to any class of city as
provided by law.
B. Additional Powers and Duties. The commission shall conduct public hearings relating to the
comprehensive plan and the implementation thereof, including but not limited to zoning,
official map, and platting and subdivision regulations. The commission is also authorized to
review and make recommendations on the adoption and the enforcement of coordinated plans
and regulations for the physical development of the city. The commission shall be advisory and
it shall advise the council for council final approval. The commission is further authorized and
empowered to cooperate with other commissions, with the State Council and other public
agencies of the city, state and United States in planning, conservation and development.
C. Rules of Procedure. The planning commission may adopt rules of procedure for the conduct
of meetings and other functions delegated to the planning commission by the city council. Such
rules of procedure need not be approved by the city council. (Ord. 86-10 § 1 (part), 1986)
2.40.030 Report to council —Transactions.
The planning commission, in or before its first regular meeting in February of each year, shall
make a full report in writing to the city council of its transactions and expenditures, if any, for
the preceding year, with such general recommendations as to matters covered by its prescribed
duties and authority as may to it seem proper. (Ord. 86-10 § 1 (part), 1986)
2.40.040 Meetings.
The planning commission shall meet on the second and fourth Tuesday of each month at six
p.m. In the event that any regular meeting date falls upon a city holiday, the meeting shall be
conducted on the next regular business day unless a special meeting date is set in advance. All
meetings, both regular and special, shall be open to the public and shall be conducted in accord
with Chapter 42.30 RCW, the State Open Public Meetings Act. (Ord. 2022-08 § 2 (Att. A), 2022;
Ord. 88-35 § 1, 1988: Ord. 86-10 § 1 (part), 1986)
2.40.050 Quorum.
A majority of the membership of the planning commission shall constitute a quorum for the
transaction of business. Any action taken at a regular or special meeting of the planning
commission shall be deemed and taken as an action of the commission. (Ord. 86-10 § 1 (part),
1986)
2.40.060 Designation of secretary.
The mayor shall designate a member of the paid staff of the city to act as the planning
commission secretary. (Ord. 86-10 § 1 (part), 1986)
City of Gig Harbor
Planning Commission Responsibilities:
The primary charge of the Planning Commission is to make legislative recommendations to the
City Council on matters related to long-range land use planning including the comprehensive
plan amendments, zoning text amendments, and area -wide rezones.
Chapter 2.20PLANNING COMMISSION
F
Sections:
• 2.20.010Created — Terms of office.
• 2.20.020Repealed.
2.20.010Created —Terms of office.
F
There is created a city planning commission consisting of seven members who shall be
appointed by the mayor and confirmed by a majority of the city council. Each member of the
planning commission shall be a resident of the city of Gig Harbor or residing within the city's
urban growth area (UGA) at the time of appointment and throughout her or his time in office.
At no time shall there be more than two residents of the UGA serving on the commission.
When reviewing appointments to the planning commission, residents of the city of Gig Harbor
will be given preference. Members of the planning commission shall serve terms of four years.
Those members currently serving shall continue to serve for the remainder of their appointed
terms. Terms shall be staggered. Terms expire on June 30th, but members of the planning
commission shall continue to serve until their successors are appointed and qualified. (Ord.
1486 § 5, 2022; Ord. 1447 § 1, 2020; Ord. 1423 § 1, 2019; Ord. 1183 § 1, 2010; Ord. 120 §§ 1, 2,
1969; Ord. 74, 1964).
City of Bremerton
Planning Commission Responsibilities:
None posted.
Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 ESTABLISHED -APPOINTMENT AND TERMS.
2.12.020 REMOVAL - ATTENDANCE.
2.12.030 CONDUCT OF MEETINGS.
2.12.040 AUTHORITY.
2.12.050 ELECTION OF CHAIRPERSON AND OTHER OFFICES.
2.12.060 RECORDKEEPING.
2.12.070 EXPENDITURES.
2.12.080 POWERS AND DUTIES.
2.12.010 ESTABLISHED - APPOINTMENT AND TERMS.
There is established a planning commission which shall be appointed by the mayor and
approved by the city council. The planning commission shall consist of seven members who
shall be citizens of the United States who are residents of the City, unless a qualified resident is
not available. The term of office shall be for four years. Members shall be appointed for
staggered terms so that at least one member shall be appointed annually. The members shall
serve without compensation. (Ord. 4563, Amended, 08/22/1996; Ord. 4069 §1, 1986)
2.12.020 REMOVAL - ATTENDANCE.
Any member of the commission may be removed from office for incompetency, incompatibility,
dereliction of duty, malfeasance in office, nonattendance at meetings, or other good cause
after charges in writing have been delivered by the chairperson to the mayor, notice given, and
a full hearing conducted. Members of the commission shall automatically be dismissed from
the commission if members miss more than twenty-five percent of the regular meetings
without written excuse submitted to the chairperson within seventy-two hours before the
regular meeting during any twelve-month period or have two consecutive unexcused absences.
Upon missing more than twenty-five percent of the regular meetings during a one-year period
or having two consecutive unexcused absences, the office shall be declared vacant by the
council and filled within a reasonable time. (Ord. 4069 §2, 1986)
2.12.030 CONDUCT OF MEETINGS.
The Bremerton Planning Commission shall conduct all meetings in accord with the rules
adopted by the planning commission which are designated as the planning commission bylaws.
(Ord. 4069 §3, 1986)
2.12.040 AUTHORITY.
The planning commission, planning department, and city council shall perform all planning
functions pursuant to the authority of Article XI, §§10 and 11 of the Washington State
Constitution. (Ord. 4523 §1, 1995; Ord. 4069 §4, 1986)
2.12.050 ELECTION OF CHAIRPERSON AND OTHER OFFICES.
The commission, each year, shall elect its own chairperson and create and fill such other offices
as it may determine it requires. The date and time of the commission's regular meeting shall be
specified in the planning commission bylaws. (Ord. 4069 §5, 1986)
2.12.060 RECORDKEEPING.
The city shall provide for the verbatim recording of all planning commission meetings by
electronic means. The city shall furnish a copy of a tape recording of any meeting upon written
request of any interested party. The party requesting the copy of the tape must bear the costs
of recording and tape. The planning commission will also keep a written record of its meetings,
resolutions, transactions, findings and conclusions. That record shall be a public record. (Ord.
4069 §1, 1986)
2.12.070 EXPENDITURES.
The expenditures of the planning commission shall be within the amounts appropriated for that
purpose by the council. (Ord. 4069 §7, 1986)
2.12.080 POWERS AND DUTIES.
The planning commission may:
(a) Review and recommend to the council the adoption of coordinated comprehensive
planning and land use objectives for the development of the City or particular areas of the City;
(b) Review and recommend to the council the adoption of regulations and code amendments
which implement the City's comprehensive planning objectives;
(c) Review and recommend to the council the adoption of short plat regulations and long
subdivision regulations;
(d) Participate in regional planning activities or serve on a regional planning commission;
(e) Make rules and regulations for the conduct of its business. (Ord. 4778, Amended,
11/05/2001; Ord. 4069 §8, 1986)
City of Bainbridge Island
Planning Commission Responsibilities:
Outlined in BIMC 2.14.020 (B).
Chapter 2.14
LAND USE APPROVAL BODIES
2.14.020 Planning commission.
A. Purpose and Role of the Planning Commission. The Bainbridge Island planning commission
serves as an advisory body to the city council, and provides recommendations to the director of
planning, the hearing examiner and/or the city council. The commission's role is to consider
legislative, as well as quasi-judicial matters, depending upon the action before it. Pursuant to
Chapter 35A.63 RCW, the commission has primary responsibility for preparing, reviewing and
updating the comprehensive plan.
B. Duties and Responsibilities. Pursuant to the provisions of Chapter 35A.63 RCW, there is
established within the city a planning commission. The title "planning commission" is
substituted for the title "planning agency" in all city ordinances and other documents approved
prior to the effective date of the ordinance codified in this chapter. The planning commission
shall have the following duties and responsibilities:
1. Participate in the preparation and review of the comprehensive plan for the city;
2. Consider the location, character, extent, and effect of any proposed dedication of any
street or other area for public use, including parks, public ways, public buildings, or public
structures, with reference to the comprehensive plan, pursuant to RCW 35A.63.080,
3. Review and make recommendations on all applications for amendments to the
comprehensive plan, official zoning map and official zoning ordinance of the city pursuant
to Table 2.16.010-1;
4. Review and make recommendations on all housing design demonstration project
applications pursuant to BIMC 2.16.020.5, including those housing design demonstration
project applications involving land subdivision, based on a comprehensive review of the
project at a public meeting;
5. Review and make recommendations on preliminary short subdivisions if requested by
the director;
6. Review and make recommendations on all preliminary large lot subdivisions,
preliminary long subdivisions, major site plan and design reviews, major conditional use
permits, and major shoreline conditional use permits, taking into consideration the
recommendation from the design review board and a comprehensive review of the
project at a public meeting;
7. Such other advisory duties as may be assigned to it by the city council, or as specified in
the BIMC;
8. Create the planning commission agenda prior to its publication in consultation with the
director.
C. Composition — Appointments — Terms — Residency — Chairpersons.
1. The commission shall consist of seven members, and the appointments and
confirmations of those members shall be governed by Chapter 2.01 BIMC. All seven
members of the commission shall be residents of the city. The members shall not be
employees or officers of the city or appointed to another city committee, board or
commission, except for specialized committees or task forces of limited duration. The
commission shall reflect the diverse perspectives, work experiences and backgrounds
represented in the community. Each commissioner shall endeavor to understand and
agree to uphold the city's adopted comprehensive plan.
2. All members shall serve without compensation for three-year terms, which begin on
July 1st and end on June 30th three years later. Members shall be appointed to a position
number, and the terms are to be staggered, with no more than three positions expiring in
any given year. Members may be reappointed to additional terms. No member shall serve
more than three consecutive terms on the commission unless the city council determines
that special expertise is required or there are no other qualified applicants.
3. The officers of the commission shall consist of a chairperson and a vice chairperson
elected by the members of the commission for a one-year term. The election of officers
shall take place at the first meeting of the year. In the event of the vacancy of the chair,
the chairperson would be replaced by the vice chairperson, and the vice chairperson
would be replaced by a vote of the members of the commission. Demotion of the
chairperson or vice chairperson shall be governed by Chapter 2.01 BIMC.
4. The chairperson shall preside over meetings of the commission and may exercise all the
powers usually incident to the office. Duties of the chairperson shall include, but not be
limited to, committees of the whole, handling meeting items and discussion, conflict of
interest, suspension of meetings, timing or discussion of issues, and clarification of issues
and questions. The chairperson shall sign all approved commission minutes, reports or
other official documents.
5. In the absence of the chairperson, the vice chairperson shall perform all the duties
incumbent upon the chairperson. The chairperson and the vice chairperson both being
absent, the members present may elect for the meeting a temporary chairperson who
shall have the full powers of the chairperson during the absence of the chairperson and
the vice chairperson.
6. The planning commission shall have full power to create subcommittees that would
include up to three commissioners. Standing or temporary committees may be charged
with such duties, examinations, investigations and inquiries relative to one or more
subjects of interest to the commission.
D. Removal and Resignation.
1. The removal and resignation of members appointed to the commission shall be
governed by Chapter 2.01 BIMC.
2. Any unexpired term of a vacant office shall be filled by a qualified person appointed by
the mayor and confirmed by the city council in accordance with the city's appointment
cycle.
E. Meetings.
1. The planning commission shall meet on the second and fourth Thursday of each month
and may hold such special meetings as the planning commission may determine
necessary. All regularly scheduled meetings shall begin at 7:00 p.m. and shall endeavor to
adjourn by 9:00 p.m.; provided, that the hours of a regular meeting may be modified for
exceptional purposes, as determined by the chairperson.
2. Planning commission meetings shall be held at the city of Bainbridge Island City Hall.
Under special circumstances, regular and special meetings and retreats may be held in
other locations as publicly noticed.
3. The planning commission shall give public notice of its meetings as provided by law.
Notice for a public hearing shall be provided at least 10 days in advance of said hearing.
4. All meetings of the planning commission shall be open to the public and held in
accordance with the Open Public Meetings Act (Chapter 42.30 RCW). In the event a
regular meeting falls upon a legal holiday, the meeting shall be held on the following
business day.
5. All meetings shall be conducted according to Robert's Rules of Order.
6. The planning commission shall review and approve rules of procedure and code of
conduct annually.
F. Quorum and Voting.
1. A simple majority of the appointed members shall constitute a quorum for the
transaction of business.
2. When a commissioner has stepped down because of a potential conflict of interest, he
or she shall not be counted for purposes of establishing a quorum during considerations
undertaken while he or she is not sitting with the commission.
G. Public Meetings and Hearings. The planning commission will consider land use applications
at a public meeting and shall recommend approval, approval with conditions, or denial of an
application. For legislative decisions, the planning commission will hold a public hearing and
shall recommend approval, approval with conditions, or denial of an application. In making a
recommendation, the planning commission shall consider the applicable decision criteria of this
code, the comprehensive plan, all other applicable law, any necessary documents and
approvals, and any testimony presented verbally or in writing at the public meeting. If the
applicable criteria are not met, the planning commission shall recommend the proposal be
subject to conditions or denied. A planning commission recommendation is not a final decision
and is not subject to appeal. The planning commission's written recommendation and other
documents upon which its decision is based shall be immediately transmitted to the director,
the city council, and/or the hearing examiner, as applicable.
H. Public Records. Minutes of each meeting, including a record of attendance, shall be prepared
by the secretary and approved and signed at a subsequent meeting. The minutes do not need
to reflect the actual discussion, but only the formal actions taken by the planning commission
and shall include findings of fact and conclusions where applicable to support the planning
commission's recommendation. The meeting minutes shall be posted on the city's web site.
I. Consultants. Upon approval of the city council, the planning commission may recommend the
retention of a planning consultant who assists the planning commission in its deliberations. The
consultant shall be hired by the city.
J. Conflict of Interest. Planning commission members shall sign a conflict of interest statement
in accordance with the city's ethics program upon appointment and any reappointment. If a
planning commission member has a financial interest in or is an applicant, or if a planning
commission member is a paid or unpaid advocate, agent or representative for an applicant on a
comprehensive plan amendment or land use application that will be reviewed or considered by
the planning commission, the planning commission member shall not participate in a decision
or recommendation on the application, and he or she will be asked to leave the meeting facility
prior to commencement of discussion of that agenda item.
K. Support Staff. The planning staff shall perform the following roles in its work with the
planning commission:
1. Provide the initial record that includes the standards of review, relevant municipal code
and comprehensive plan provisions and provisions of other permitting agencies. The staff
report shall include findings of fact and conclusions of law based on evidence in the
record; and
2. Provide technical information and research, prepare documents and maintain records.
This includes drafting transmittal memos, preparing alternative findings and conclusions
when appropriate, and obtaining legal opinions from the city attorney; and
3. Respond to questions and discussion of procedures; and
4. Assist the commission in articulating its collective will; and
5. Provide upon request formal opinions or recommendations from the city attorney, city
engineer, public works director or the director of planning and community development
on any matter that is pending before the planning commission; and
6. Arrange for the provision of city email accounts to commission members and related
training on the use of email accounts, including personal computer privacy expectations
while serving on the commission. (Ord. 2021-16 § 2, 2021; Ord. 2020-03 § 1 (Exh. A),
2020; Ord. 2020-19 § 1, 2020; Ord. 2019-01 §§ 2, 3, 2019; Ord. 2018-20 §§ 1— 3, 2018;
Ord. 2014-18 § 1, 2014: Ord. 2013-25 § 1, 2013; Ord. 2011-02 § 2 (Exh. A), 2011)
City of Bremerton
PLANNING COMMISSION
RULES and BYLAWS
L AUTHORIZATION
A. AUTHORIZATION
The City of Bremerton Planning Commission is created and authorized by the Bremerton
Municipal Code, Chapter 2.12, entitled "Planning Commission", City of Bremerton
Ordinance No. 4069 and Article XI, Section II of the State Constitution.
B. NAME
The name of this commission shall be the City of Bremerton Planning Commission,
hereinafter referred to as "Commission".
II.ORGANIZATION
A. MEMBERSHIP
1. The membership of the Commission shall be as set forth by Ordinance of the City.
2. At such time as a position is declared vacant by the Council or Mayor, action should be
taken to fill the vacancy at the earliest possible date.
B. ELECTION OF OFFICERS
Upon determining a quorum to be present, at the regularly scheduled meeting in the
month of November of each year, the Chairperson shall call for nominations from
amongst the Commission membership and conduct an election for the succeeding
Chairperson and Vice -chairperson of the Commission. The new Chairperson and Vice -
chairperson shall take office in January.
2. Vacancies created by any cause shall be filled for the unexpired term by a new election at
the next regular or special meeting.
3. The Chairperson and Vice -chairperson shall be limited to two consecutive terms in their
respective offices.
Rev. February 2021
C. OFFICERS AND DUTIES
The officers of the Commission shall be the Chairperson and Vice -chairperson, each of
whom shall serve for one (1) year (January through December), and until their successors
are elected and qualified.
2. It shall be the duties of the Chairperson to:
(a) Preside at all meetings and direct all the rights, duties and prerogatives of the
Planning Commission;
(b) Meet monthly with Planning Department staff to review the upcoming agenda;
(c) Represent Planning Commission recommendations at City Council meetings if
necessary, or appoint a representative from the Commission to do so
(d) Appoint all committees.
3. It shall be the duties of the Vice -chairperson to:
(a) Perform the duties of the Chairperson in the absence or disability of the
Chairperson;
4. In the event of the absence of both the Chairperson and Vice -chairperson at an official
Commission function, the Executive Secretary shall so inform the membership and
request a motion for an Interim Chairperson. Upon approval, the Executive Secretary
shall turn the meeting over to the Interim Chairperson.
D. EXECUTIVE SECRETARY ROLES TO THE COMMISSION
1. The Director of Community Development of the City of Bremerton, Washington, or the
Director's appointed representative, shall serve as the Executive Secretary and staff
advisor to the Commission.
2. The Executive Secretary is responsible for maintaining Commission files, accomplishing
administrative duties, and preparing an agenda for meetings. The goal for preparing and
having available agenda packets for meetings shall be a minimum of five (5) calendar
days in advance of a business meeting. The Planning Division of the Department of
Community Development may be requested, as reasonable and within approved budget
limitations, to assist the Commission with staff services necessary to carry out the work
of the Commission. A secretary shall be provided by the Department of Community
Development to prepare minutes conforming with Article VI (2) of the By-laws for pre -
distribution approval by the Chairperson and keeps such records and perform such duties
as prescribed by the Director.
3. The Executive Secretary will provide technical advice to the Commission and provide
staff recommendations when requested. The Commission may not direct the Department
of Community Development staff to conduct major studies, establish official policy, or
establish Department work programs.
Rev. February 2021
4. The Executive Secretary shall maintain a roster of attendance of the Commission and
shall make periodic reports to the Mayor indicating Commission attendance patterns.
III. DUTIES OF THE COMMISSION
A. REGULAR MEETINGS
Meetings of the Planning Commission will be scheduled the third Monday of each
month, convening at a predetermined time in the main floor meeting chambers of the
Norm Dicks Government Center (345 — 6th Street, Bremerton), or an agreed upon
alternative meeting location.
2. By a majority vote or poll, the Planning Commission may establish an alternative
meeting date. The meeting will be held no more than seven days before or seven days
after the regularly scheduled meeting date.
3. The date, time and place, and items to be discussed in public hearings will be advertised
in accordance with applicable requirements.
B. SPECIAL MEETINGS
The Commission may hold such special meetings as are deemed necessary by its
Chairperson, by a majority of its members, or by the City Council.
2. Notice of such special meetings shall be given personally or by mail or email to each
Commission member, and to each local radio and television station, local newspaper of
general circulation, and other interested parties who request to be notified of such special
meetings. Such notices shall be delivered personally or by mail at least twenty-four (24)
hours before the time of such meeting. A special meeting shall not be called with less
than forty-eight (48) hours notice, except by the consent of a majority of the Commission
members.
3. When a special meeting is called, the call of the meeting shall include an agenda to be
considered and only items on the agenda may be considered.
C. COMMITTEE MEETINGS
Appointed committees of the Commission may hold such meetings as are deemed
necessary and which are called as provided above for Special Meetings.
2. Committee meeting agenda items, at the discretion of the moderator or vote of members
present, may or may not be opened to public comment or discussion. All meetings,
except as expressly provided by law, shall be open to the public.
3. Appointed committees that are appointed for a specific one-time task involving
information gathering or to formulate a position or recommendation for the
Commission's consideration need not hold advertised public meetings.
Rev. February 2021
V. QUORUM
A simple majority of the Commission as a whole shall constitute a quorum. No
decisions, discussion, formal actions, nor other official business of the Commission may
be conducted unless a quorum is present.
2. In the case of a meeting being interrupted by the loss of a quorum during the taking of
public comments or testimony, the Commission may continue to accept and record all the
public comments that are offered, but may not take any action on that agenda item, nor
may continue to another agenda item, other than to adjourn.
3. When a quorum does not exist at a regularly scheduled or special meeting, a member or
the Commission or the Executive Secretary may announce to all present that any public
hearings are continued to a time, date, and location certain, thereby avoiding the need to
re -advertise such public hearings.
VI. VOTING
A simple majority of the quorum present at voting shall be required for passage of any
matter before the Commission.
2. The minutes of the meeting shall reflect the ayes and nays cast on a particular measure as
well as the vote of each member present.
3. Whenever a tie vote occurs, such a vote shall be considered no decision concluded. In
such a case, the Chairperson shall call for a new motion, or hearing no new motion and
determining the case under consideration cannot be resolved during the current meeting,
shall announce and direct the case to be carried over to the next Commission agenda, at
which time it shall be scheduled for further consideration; or, the Chairperson may direct
the Executive Secretary to forward the request to the City Council with no
recommendation accompanied by the minutes of the request.
VII. CONFLICT OF INTEREST
A Commission member to whom some private benefit may come as a result of public
action or by a private or business relationship with the applicant, may have a conflict of
interest therefore and should not be a participant in that action. The private benefit may
be direct or indirect and, in either case, the potential, not the actuality of a conflict of
interest, should govern. A Commission member experiencing a potential conflict of
interest shall declare his/her interest publicly.
2. When a member declares a potential conflict of interest, the member shall, prior to
proceeding on the case, step down from his/her seat with the Commission and leave the
room for the duration of the particular item. The record shall reflect that the member left
the meeting room and shall reflect the member rejoining the proceeding.
Rev. February 2021
3. In the event of a majority or all of the membership have a potential conflict of interest,
the Commission shall first determine a reasonable method of rendering the decision prior
to any proceeding on the case.
V111. RULES OF CONDUCT
The Chairperson shall act as spokesperson for the Commission. The Chairperson shall
refrain from originating a motion in reference to the public business before the
Commission while acting as Chairperson.
2. If the Chairperson wishes to originate a motion in regard to the public business at hand,
the Chairperson must first relinquish the chair to an appropriate member and may not
regain such chair until the conclusion of the specific business at hand. Members may
request advice from the special knowledge of the Chairperson, in which case the
Chairperson will confine his/her remarks to the information requested.
3. Members of the Commission and all persons present at the meeting will direct all
comments to the Chairperson after being recognized by the said Chair. The Chairperson
may give permission for Commission members to interrogate anyone giving testimony.
Members of the audience shall not be permitted to directly interrogate members of the
Commission, staff, the applicant/appellant, or others present.
4. Members may pass notes to the Chair during hearings to call attention to points in
consideration or other matters to be discussed.
5. When public hearings are in progress, all members should refrain from a show of
emotions that can be interpreted as expressing approval or dissent. All members shall
refrain from passing notes or engaging in muffled or whispered conversations between
members not intended for edification of all those present.
6. When the Chairperson determines that all public discussion of the business at hand has
been presented, he/she shall close the meeting to the public and call for deliberation by
the Commission.
7. When a motion is presented, a second to the motion is necessary to ratify acceptance.
The Chairperson shall call for discussion. The vote may not be attempted until all
members signify that the discussion be concluded.
8. Members may call for a recess at any time. Acceptance may be at the discretion of the
Chairperson, or in the event of an objection, by a majority vote of the members present.
9. The Commission shall use the Rules of Conduct contained herein. However, in instances
of difficulty, The Standard Code of Parliamentary Procedure may be consulted for
guidance. The secretary shall have a copy available in the meeting room for reference.
Rev. February 2021
IX. PROCEDURES FOR CONDUCTING MEETINGS
A. AGENDA
1. The agenda shall contain the following items in the order so stated; provided that upon
approval by vote of the Commission, items may be arranged or deleted from the agenda.
2. At the opening of the meeting, the Commission shall confirm the agenda for the meeting
by a vote.
SUGGESTED AGENDA FORMAT
I.
CALL TO ORDER
II.
ROLL CALL
III.
APPROVAL OF THE AGENDA
IV.
APPROVAL OF THE MINUTES
V.
PUBLIC MEETING
A. CALL TO THE PUBLIC
B. PUBLIC HEARING
VI.
BUSINESS MEETING
A. CHAIR REPORT
B. DIRECTOR'S REPORT
C. OLD BUSINESS
D. NEW BUSINESS
VII.
ADJOURNMENT
X. AMENDMENTS
1. Amendments to the Rules and By-laws of the Planning Commission may be proposed at
any regular or special meeting of the Commission and acted upon at the following
meeting. Changes require a majority vote of the full Planning Commission. Written and
notarized proxy votes will be accepted.
I certify the above to be accurate.
February 23, 2021
DATE
February 23, 2021
DATE
Rev. February 2021
[PROPOSED] DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF PORT ORCHARD AND BLUEBERRY
APARTMENTS QOZB, LLC FOR THE DEVELOPMENT AND FUNDING OF
CERTAIN TRANSPORTATION IMPROVEMENTS
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2023, by and between the City of Port Orchard, a non -charter, optional
code Washington municipal corporation, hereinafter the "City," and Blueberry Apartments
QOZB, LLC, a Washington limited liability company, hereinafter the "Owner" (individually, a
"Party" and collectively, the "Parties"). The Parties hereby agree as follows:
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control of
real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern, and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.70B.170(1)); and
WHEREAS, a development agreement must be consistent with the applicable
development regulations adopted by a local government planning under chapter 36.70A RCW
(RCW 36.70B.170(1)); and
WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code
("POMC" or "Code") which establishes the standards and procedures for Development
Agreements in Port Orchard; and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, the Owner has applied for a Development Agreement under Chapter 20.26
POMC on DATE and such Agreement has been processed consistently with the POMC and State
law; and
WHEREAS, this Development Agreement by and between the City of Port Orchard and
the Owner (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the
development of property owned by Owner at 4330 and 4336 Bethel Rd SE, Port Orchard,
Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, 022301-4-
026-2008) (hereinafter, the "Property"); and
WHEREAS, the Owner proposes to develop the Property with a multi -family development
consisting of 108 multifamily units within six buildings, parking for 183 vehicles, landscaping,
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outdoor amenity areas, and associated site improvements (collectively, the "Development Project"
or City Permit No. PW22-005); and
WHEREAS, the City is undertaking review of the Development Project pursuant to the
POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development
Proposal with the issuance of a Mitigated Determination of Non -significance issued on September
16, 2022 ("MDNS"). The MDNS for the Development Project was not timely appealed; and
WHEREAS, associated the Development Project, the Owner proposes dedicate certain
property ("Transportation Improvement Project Property") to the City for the purpose of the
City's construction of a portion of a City transportation improvement defined as Project 2.04A on
the impact fee study as defined herein as the "Transportation Improvement Project" which
property dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4)
and POMC 20.182.080; and
WHEREAS, the Transportation Improvement Project Property dedication is necessary for
the City's development of the Transportation Improvement Project which will benefit the
Development Project and the general public; and
WHEREAS, this Agreement governs the dedication of the Transportation Improvement
Project Property to the City and the respective transportation impact fee credits that will result
from the Owner dedicating the Transportation Improvement Project Property; and
WHEREAS, POMC 20.32.100 requires a minimum ground floor elevation of two feet for
all "Apartment" building types and the Parties agree that, as proposed, the Development Project
provides an equal or better ground floor privacy for residents and aesthetic screening than could
be provided with strict adherence to the Code, therefore, the City has agreed that Owner may depart
from the requirements of POMC 20.32.100 in the following manner: no minimum ground floor
elevation shall be applied; and
WHEREAS, except with regard to this Transportation Improvement Project Property
dedication and the respective applicable transportation impact fee credits, and the departure from
POMC 20.32.100 as described herein, this Agreement does not establish or modify the standards
or conditions for the underlying Development Project which is being undertaken in accordance
with applicable code and regulations; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and the Owner and include a transportation impact fee
credit calculation, the Parties deem it in their best interests to enter into this Agreement; and
WHEREAS, the City Council held a public hearing on [Date] regarding this Agreement;
and
WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized
the Mayor to sign this Agreement with the Owner.
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AGREEMENT
Section 1. The Property. The Property comprises 4330 and 4336 Bethel Rd SE, Port
Orchard, Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, and
022301-4-026-2008). The Property is described on Exhibit A which is attached hereto and
incorporated herein by this reference as if set forth in full. A map of the Property is shown Exhibit
B on which is attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. Transportation Improvement Project Property. Pursuant to this Agreement,
Owner shall be responsible for the dedication of the Transportation Improvement Project Property
to the City as described herein.
a) Transportation Improvement Project PropertX. Owner shall dedicate certain property
necessary for the City to construct a portion the Bethel Phase 1 Project located at the intersection
of Blueberry Road and Bethel Avenue, Project 2.04A on the City impact fee study (defined herein
as the "Transportation Improvement Project Property") as shown in Exhibit C. The exact
dimensions and configuration of the Transportation Improvement Project Property will be
determined following completion of final design of the Transportation Improvement Project. The
roadway portion will be constructed by the City at a future date. The dedication of the
Transportation Improvement Project Property shall be eligible for transportation impact fee credits
as provided in Section 8 of this Agreement.
b) Transportation Impact Fee Credit ApplicabilitX. The transportation impact fee credits
authorized by this Agreement are only applicable to pending Building Permit application 22-671,
22-672, 22-673, 22-674, and 22-675 for the Property(ies) identified on Exhibit B.
Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as
required by RCW 36.7013.200 and Chapter 20.26 POMC.
b) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
c) "Development Project" means the development of the Property with approximately
108 units of housing within six buildings, parking for 183 vehicles, landscaping, outdoor
amenity areas, and associated site improvements, as shown in Exhibit B and approved by the
City under Permit PW22-005 and associated with Building Permit No. 22-671, 22-672, 22-
673, 22-674, and 22-675.
d) "Director" means the City's Public Works Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
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f) "Maximum credit" means the maximum amount of transportation impact fee credits
to be provided by the City to the Owner for the Transportation Improvement Project Property
dedication pursuant this Agreement.
g) "Transportation Improvement Project" means the Transportation Improvement Project
described above which serves both the Property and the greater community which will be
undertaken by the City at a later date.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Property.
b) Exhibit B — Map of the Property and the Development Project and with permits
listed in Section 2 identified.
c) Exhibit C — Transportation Improvement Project Property showing the
approximate location of property to be dedicated by Owner. The final determination
on the exact property to be dedicated shall occur at a later date after final design of the
Transportation Project is complete.
Section 5. Parties to Development Agreement. The Parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street,
Port Orchard, WA 98366.
b) The "Owner" is a private enterprise which owns the Property in fee, and whose
principal office is located at 7809 Pacific Avenue, Tacoma WA 98408.
Section 6. Term of Agreement; No Vesting to Fees. This Agreement shall commence
upon the Effective Date and shall continue in force for a period of five (5) years unless extended
or terminated as provided herein. Provided, however, that the Owner shall complete the Property
Dedications as set forth in Section 7 below which shall be prior to expiration of this Agreement.
The requirement to dedicate the Transportation Improvement Project Property shall survive
expiration or termination of this Agreement. This Agreement does not vest the Owner to any fees.
Fees shall be charged in accordance with the fee schedule that is in effect at the time that the
building permits for the apartment complex are issued and all permit fees have been paid.
Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement
shall have no force and effect except for such sections which are specifically intended to survive
expiration or termination.
Section 7. Property Dedication Schedule. The Owner will dedicate the Transportation
Improvement Project Property which shown on Exhibit C, as it may be modified follow final
design, to the City in a form acceptable to the City shall be completed within eighteen (18) months
of the effective date of this Agreement. The Owner agrees that the City may withhold issuance of
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such Certificate of Occupancy (or any other Certificates of Occupancy for the Development
Project) until such time as the dedications have been completed. If this property dedication is not
exempt from real estate excise tax, then the City shall pay any real estate excise tax so due on this
transfer. This section shall survive termination of the Agreement.
Section 8. Impact Fee Credits for Transportation Improvement Project Property
dedication.
a) Transportation Impact Fee Credit. The maximum amount of the transportation impact
fee credit for the Transportation Improvement Project Property dedication to be made
by Owner under this Agreement shall be limited to the lessor of. the total
Transportation Impact Fees due on the Project (currently calculated as an estimated
$245,245.84), or the value of the Transportation Improvement Project Property
dedication as determined in Section 9, or the City's estimated cost for the portion of
Project 2.04A ($1,740,094) ("Maximum Transportation Impact Fee Credit"). The
credits provided under this Section are limited to this Maximum Transportation Impact
Fee Credit. Once the Maximum Transportation Impact Fee Credit has been achieved
through credits applied to Owner for the Development Project, Owner will be required
to comply with the impact fee provisions of the Code for any further development of
the Property that requires payment of transportation impact fees, including payment of
any transportation impact fees incurred over and above the Maximum Transportation
Impact Fee Credit.
b) Credit Granted. The City hereby grants the Owner a credit against transportation impact
fees for fair market value of the Transportation Improvement Project Property as set
forth in this Agreement and as calculated under the provisions contained Sections 8 and
9. The total estimated transportation impact fee required for the Development Project
is currently estimated as $245,245.84. The Owner shall pay the transportation impact
fees based on the rate schedule in effect at the time payment has been made to the City
for building permits 22-671, 22-672, 22-673, 22-674, and 22-675. Such payment shall
be made as set forth below in subsection "c" prior to issuance of such permits by the
City.
c) Transportation Impact Fees to be Deposited into Escrow. The Parties agree that the
estimated transportation impact fees due will likely substantially exceed the credit
granted by the City for the dedication of the Transportation Improvement Project
Property. Therefore, the Parties agree that Owner shall establish an escrow account at
a Washington escrow company of its choosing and will deposit therein the full
transportation impact fees due (no credit applied). The escrow agreement for such
deposit(s) shall be in a form acceptable to the City. Such deposit(s) shall be made and
evidence thereof presented to the City prior to issuance of any building permits for the
Property. To the extent additional permits are issued at different times, additional
deposits of the then -due transportation impact fees shall be made with evidence thereof
provided to the City prior to permit issuance. The escrow agreement for holding the
fees shall include the following provisions: (1) no funds shall be released to any Party
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until (a) a fair market value for the Transportation Improvement Project Property has
been established in accordance with Section 9 below; (b) the dedication has been
completed by the Owner and accepted by the City; and (c) the City has certified the
total Maximum Transportation Impact Fee Credit due to the Owner and has provided
such certification to the escrow company; (2) the escrow company will release the
certified credit amount to the Owner and release the remaining escrow funds to the
City; (3) any interest that has accrued on the escrow account shall be split and
distributed according to the proportion released to each Party; (4) if the Owner fails to
dedicate the Transportation Improvement Project Property to the City in accordance
with the terms of this Agreement, then the City may request and the escrow company
shall release all funds and interest thereon to the City within 15 days of receipt of the
City's request.
d) Owner shall dedicate the Transportation Improvement Project Property to the City
generally as shown on Exhibit C, but in the final configuration as determined following
the final design of the Transportation Improvement Project by the City. Owner shall
complete such dedications no later than eighteen (18) months after the effective date of
this Agreement or prior to the City's issuance of a Certificate of Occupancy for the
first building permit for the Development Project, whichever time period is shorter.
a) In the event Owner defaults on any requirement under this Agreement, or defaults on
dedicating the Transportation Improvement Project Property, the City's remedies
include obtaining the release of transportation impact fee funds and interest theron from
escrow and/or holding any outstanding Certificates of Occupancy until such time the
Transportation Improvement Project Property dedication is completed, including the
Parties' agreement on valuation, and any outstanding impact fees are paid in full or
credited.
b) The City agrees that these credits are consistent with RCW 82.02.060(4) and that they
are consistent with POMC 20.182.080.
Section 9. Valuation of Property Dedications. The Parties agree to value the
Transportation Improvement Project Property to be dedicated will be set as the fair market value
as described in this subsection. The Parties shall value the Transportation Improvement Project
Property as follows: The Owner shall hire a certified property appraiser, pay for the appraisal, and
provide a copy of that appraisal report to the City. The date for valuation purposes, including but
not limited to sales comparisons used for the valuation, shall be the effective date of this
Agreement. The City shall use its best efforts to review the appraisal report and provide a response
to Owner on the valuation within 30 days of receipt. If both the City and the Owner agree that the
appraisal is fair and reasonable, then the appraised value will be accepted as the Property value for
transportation impact fee credit purposes. If the City disagrees with the appraisal, then the City
may hire its own appraiser to perform a second appraisal at the Owner's expense. The date for
valuation purposes shall be the same as used in the Owner's appraisal. The City shall use its best
efforts to obtain an appraisal report within 60 days of notice to the Owner of its disagreement with
Owner's appraisal. If that second City -initiated appraisal is within twenty (20) percent of the value
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established by the first Owner -initiated appraiser, then the Parties will take the mid -point between
the two appraisals and use that as the fair market value. If the appraisals are more than 20 percent
apart, the Parties have the option of either agreeing to a value or establishing another method to
set the fair market value of the Transportation Improvement Project Property. If the Parties are
unable to agree, then they shall submit the valuation decision to binding arbitration with a mutually
agreeable arbitrator, or if they cannot agree on an arbitrator then the Parties will submit the
valuation dispute to Judicial Dispute Resolution, LLC. Each Party shall pay one half of the costs
of arbitration.
Section 10. Other Impact Fees. The Development Project is subject to the City's impact fee
requirements of POMC Ch. 20.182. Owner shall pay the applicable impact fees for the
Development Project at the rates in effect at the time each fully complete building permit
application is submitted.
Section 11. Ground Floor Elevation Modification. The Development Project is not subject
to the minimum two foot (2) ground floor elevation requirement that is set forth in POMC
20.32.100 as applicable to all "Apartment" building types, regardless of site topography or other
design considerations. The Development Project provides equal or better ground floor privacy for
residents and aesthetic screening than could be provided with strict adherence to the Code,
therefore, the City has agreed that Owner may depart from the requirements of POMC 20.32.100
in the following manner: no minimum ground floor elevation shall be applied.
Section 12. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the
event of alleged default or breach of any terms or conditions of this Agreement, the Parry
alleging such default or breach shall give the other Party not less than thirty (30) days' notice
in writing, specifying the nature of the alleged default and the manner in which said default
may be cured. During this thirty (30) day period, the Parry charged shall not be considered in
default for purposes of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to
this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In
addition, the City may decide to file an action to enforce the City's Codes, and to obtain
penalties and costs as provided in the POMC for violations of this Agreement and the Code.
Section 13. Termination. This Agreement shall terminate five (5) years after Effective Date.
Upon termination and upon the request of the Owner, the City shall record a notice of such
termination in a form satisfactory to the Parties that the Agreement has been terminated.
Section 14. Extension and Modification. Any request for extension or modification, if
allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26
POMC.
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Section 15. Effect upon Termination on Owner. Termination of this Agreement as to the
Owner shall not affect any of the Owner's respective obligations to comply with the City
Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other land
use entitlements approved with respect to the Property, or obligations to pay assessments, liens,
fees, or taxes. Furthermore, if the Agreement expires without the Transportation Improvement
Project costs being fully recovered by impact fee credit or mitigation funds, the Owner will no
longer be eligible to receive such credits.
Section 16. Effects upon Termination on City. Upon any termination of this Agreement as
to the Property, or any portion thereof, the City will be under no obligation to provide any
additional credits or reimbursement to Owner even if the Transportation Improvement Project
costs have not been fully recovered at the time of expiration or termination.
Section 17. Assignment and Assumption. The Owner shall have the right to sell, assign or
transfer this Agreement with all rights, title, and interests therein to any person, firm, or corporation
at any time during the term of this Agreement with a sale of the underlying property. Owner shall
provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the
Property, at least 30 calendar days in advance of such action; provided; however, failure to strictly
comply with the 30 calendar day notice provision shall not be considered a breach of this
Agreement.
Section 18. Binding on Successors; Covenants Running with the Land. The conditions and
covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the
land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Owner and
every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall
be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary
thereof and a Party thereto, but only with respect to the Property, or such portion thereof, sold,
assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully
perform all of the duties and obligations of the Owner contained in this Agreement, as such duties
and obligations pertain to the portion of the Property sold, assigned, or transferred to it.
Section 19. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the Parties, be consistent with
Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow
the same procedures set forth in Chapter 20.26 POMC. Nothing in this Agreement shall prevent
the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official
Zoning Map or development regulations after the Effective Date of this Agreement.
Section 20. General release. Owner may free itself from further obligations relating to the
sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly
assumes the obligations under this Agreement as provided herein, including the obligation to
timely dedicate the Transportation Improvement Project Property.
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Section 21. Notices. Notices, demands, correspondence to the City and/or Owner (as
applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of
the Parties as designated in "Written Notice" Section 33 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the
Owner shall be required to be given by the City only for those successors -in -interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 22. Reimbursement for Agreement Expenses of the City. Owner agrees to
reimburse the City for actual expenses incurred over and above fees paid by Owner as an applicant
incurred by City directly relating to this Agreement, including recording fees, publishing fees,
attorneys' fees, and reasonable staff and consultant costs not otherwise included within application
fees; provided however, the City shall provide written notice to Owner if the expenses to the City
are anticipated to exceed Twenty -Five Thousand Dollars and No Cents ($25,000.00) and the
Parties shall meet and confer regarding the City's anticipated costs. Upon payment of all expenses,
the Owner may request written acknowledgement of all fees. Such payment of all fees shall be
remitted to the City, at the latest, within thirty (30) days from the City's presentation of a written
statement of charges to the Owner.
Section 23. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties'
intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All
disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the Parties relating to this
Agreement, then the Parties shall meet and seek to resolve the dispute, in good faith, within
ten (10) working days after a Party's request for such a meeting. The City shall send the
Mayor, Community Development Director, Public Works Director, and/or the Mayor's
designee and any persons with information relating to the dispute, and Owner shall send
an owner's representative and any consultant or other person with technical information or
expertise related to the dispute.
b) Court. If the Parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. The non -prevailing Party in any action brought to enforce this
Agreement shall pay the other Parties' expenses and reasonable attorney's fees.
Section 24. No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
Section 25. City's right to breach. The Parties agree 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
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action is required by federal or state law.
Section 26. Owner's Compliance. The City's duties under the Agreement are expressly
conditioned upon the Owner's substantial compliance with each and every term, condition,
provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws
and regulations and the Owner's obligations as identified in any approval or project permit for the
property identified in this Agreement.
Section 27. Limitation on City's Liability for Breach. Any breach of this Agreement by the
City shall give right only to damages under state contract law and shall not give rise to any liability
under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution,
including but not limited to 42 U.S.C. § 1983, or similar state constitutional provisions.
Section 28. Third Party Legal Challenge. In the event any legal action or special proceeding
is commenced by any person or entity other than a Party to challenge this Agreement or any
provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Owner. In such event, Owner shall hold the City harmless from and defend the City
from all costs and expenses incurred in the defense of such lawsuit or individual claims in the
lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The Owner shall
not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 29. Specific Performance. The Parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof.
Section 30. Recording. This Agreement shall be recorded against the Property with the real
property records of the Kitsap County Auditor. During the term of the Agreement, it is binding
upon the owners of the property and any successors in interest to such property.
Section 31. Severability. This Agreement does not violate any federal or state statute, rule,
regulation or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect.
Section 32. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements, or options, and the same shall be and remain in full force and effect.
Section 33. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
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upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
NAME OF OWNER:
Blueberry Apartments QOZB, LLC
Attn. Steve Novotny
7809 Pacific Avenue
Tacoma WA 98408
powermystro@gmail.com
CITY:
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuu@portorchardwa.gov
Copies shall also be transmitted to the
City Clerk and City Attorney at the
above address.
Section 34. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
Section 35. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The Parties
shall not unreasonably withhold approvals or consents provided for in this Agreement. Each Party
shall execute and deliver to the other all further documents as are reasonably necessary to carry
out this Agreement, including the Transportation Improvement Project, the property dedications,
and Development Project, as may be necessary to provide a Party with a full and complete
enjoyment of its rights and privileges under this Agreement.
Section 36. Interpretation. This Agreement has been reviewed and revised by legal counsel
for both Parties, and no presumption or rule construing ambiguity against the drafter of the
document shall apply to the interpretation or enforcement of this Agreement.
Section 37. Counterparts. The Agreement may be signed in two or more counterpart copies
with the same effect as if the signature of each counterpart copy were on a single instrument. Each
counterparty shall be deemed as an original as to the Party whose signature it bears, and all such
counterparts shall constitute one document.
Section 38. Entire Agreement. The written provisions and terms of this Agreement, together
with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the Parties, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, this Agreement. The entire
agreement between the Parties with respect to the subject matter hereunder is contained in this
Agreement and exhibits thereto.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
, 2023.
BLUEBERRY APARTMENTS QOZB, LLC CITY OF PORT ORCHARD
Steve Novotny
Its:
APPROVED AS TO FORM:
NAME
Attorney for Owner
EXHIBITS TO AGREEMENT:
By:
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
ATTEST:
Brandy Wallace, CMC
Port Orchard City Clerk
Exhibit A — Legal Description of the Property being developed by Owner
Exhibit B — Map of the Property and the Development Project and with permits listed in Section
2 identified
Exhibit C — Transportation Improvement Project Property dedication map
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NOTARY BLOCK FOR PORT ORCHARD
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Robert Putaansuu is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port
Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated: , 2023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
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NOTARY BLOCK FOR BLUEBERRY APARTMENTS QOZB, LLC
STATE OF WASHINGTON
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that Steve Novotny is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
TITLE of Blueberry Apartments QOZB, LLC, a Washington limited liability
company to be the free and voluntary act of such Party for the uses and purposes mentioned in the
instrument.
Dated: .2023.
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing at:
My Commission expires:
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