08/31/2020 - PacketCity of Port Orchard
Land Use Committee
August 31, 2020 9:30 am
Remote access only
Zoom Link: https://us02web.zoom.us/j/88981810736?pwd=WDF5RGZOTXFRTW5lUDdhTnBlQ0lKQT09
Meeting ID: 838 8181 0736
Password: 388435
Dial-In: 1 253 215 8782
AGENDA
1. Land Use Committee Meeting Dates
2. Discussion: Donation Policy (Putaansuu)
3. Discussion: Projected Growth (Bond)
4. Discussion: Fireworks Code Revisions (Bond)
5. Discussion: Ruby Creek Neighborhood Development Regulations (Bond)
6. Discussion: McCormick Meadows (Bond)
7. Discussion: Downtown Subarea Plan Survey Results (Bond)
8. Discussion: Multifamily Tax Abatement Code Revisions (Bond)
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CITY OF PORT ORCHARD DONATION POLICY
The purpose of this policy is to establish guidelines, standards and procedures for the installation
and care of donated public improvements, either as a result of a cash or physical property
donation. These donations may include, but are not limited to, benches, bicycle racks, picnic tables,
drinking fountains, and other types of public space accessories. This policy does not apply to
buildings, land, or naming rights. The City desires to encourage donations, while at the same time,
manage aesthetic impacts and mitigate on-going maintenance costs.
The City strongly encourages donations that improve the public space ability to meet the
varied recreational, social, wellness, and educational needs of users.
Guidelines established by this policy will apply to all donations made after the effective date of
this policy. Donations made prior to the adoption of this policy shall be subject to applicable
sections of this policy.
STANDARDS FOR DONATIONS
DEFINITIONS OF NEW DONATIONS: New donations are those made after the adoption date of
this policy.
ACQUISITION OR PURCHASE: The City and the community have an interest in ensuring that
public space elements that are purchased and installed be of high quality related to style,
appearance, durability and ease of maintenance. City staff will be responsible for coordinating
purchases and installations of all public space elements, unless mutual agreement for
alternative coordination has been reached.
APPEARANCE AND AESTHETICS: The City and the community have an interest in ensuring the best
appearance and aesthetic quality of their public facilities. Public space elements should reflect the
character of the space or facility. All public space elements will be installed in such a manner that
will not substantially change the character of a facility or its intended use.
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MAINTENANCE: Donated public space elements will become City property once installed
and/or permanently placed in the mutually agreed upon location. Accordingly, the City has the
duty to provide only routine maintenance and repair of the donation for up to five years post
signed donation policy agreement. Within the five-year period, the City is not obligated to
replace the gift or public space improvement if it is stolen, vandalized, worn out, irreparably
damaged, destroyed or expires.
REPAIR: The community has an interest in ensuring that all public space elements remain in
good repair. In addition, the community has an interest in ensuring that the short and long-term
repair costs are reasonable. Repair parts and materials must be readily available. Donated public
space elements must be of high quality to ensure longevity, be resistant to the elements, wear
and tear, and acts of vandalism.
COST: The City has an interest in ensuring that the donor covers the full-cost for the
purchase, installation, and maintenance during the expected life cycle of donated public
space elements. The City also has an interest in ensuring that on-going maintenance costs do
not negatively impact the resources available for maintenance of other City facilities.
Consequently, the City may assess, at the time of purchase, a charge sufficient to cover
anticipated on-going maintenance of donated public space elements during their
anticipated life cycle.
PROCEDURE FOR MAKING DONATIONS
The City's Public Works Department will manage all donations located on City property.
The donor must contact the Public Works Director to determine whether a donation will be
accepted and the conditions of acceptance. If the donation is accepted, the donor will work
with City staff to complete Donation Agreement (Appendix A).
Donations of benches, tables, bicycle racks, drinking fountains and similar amenities, which
are not on the list of approved amenities (Appendix B) will be reviewed by the Design Review
Board prior to City Council acceptance o the donations.
Final approval will be granted by the City Council for the acceptance of all donations over
$5,000 in value.
CRITERIA FOR ACCEPTANCE
To accept donation/sofa public space element for a specific facility, the donation must 1)
meet a true need of the facility, 2) not interfere with the intended current or future use of
the facility and 3) not require the relocation of other equipment or infrastructure to
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accommodate the donation. The City reserves the right to deem a space and/or facility fully
developed and thus rejects the donation.
The City reserves the right to accept or deny any/all donations.
Below are general donation guidelines. These guidelines are intended to be general in nature and
do not serve as formal acceptance criteria.
GUIDELINES:
All determinations will be based upon, but not limited to, the following guidelines:
1. Flowers, shrubs, bushes
a. Donated plants become the exclusive property and maintenance
responsibility of the City.
b. Only those plantings that require a maintenance effort consistent with other
plantings will be considered.
c. Site preparation, installation and site restoration may be the responsibility of
the City.
d. Only perennial flowering plants will be permitted and incorporated in
existing beds.
e. The placement of plants will be based on the variety, color, mature height,
size etc. Compatibility with surrounding areas will be a strong
consideration for planted materials and their location.
2. Trees
a. Donated trees become the exclusive property and maintenance responsibility
of the City.
b. Site preparation, installation, and site restoration may be the responsibility of
the City.
c. Tree placement/location will be based upon variety of tree selected,
mature height, size etc. Compatibility with surrounding areas will be a
strong consideration for trees and their location.
d. Accordingly, the size and species of tree or trees donated shall be limited
to those determined by the City.
3. Signage
a. Interpretive signs may be installed at sites that are appropriate for describing
the history, geology, environment, and flora and fauna of a particular area.
Interpretive signs shall be of a size that is in keeping with the character of the
site. Interpretive signs shall be of a design that meets requirements for
access to the disabled. Interpretive signs shall be designed in such a manner
that is consistent with other interpretive signs on the site. Interpretive signs
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shall be constructed of materials that are of high quality, vandal resistant,
and able to withstand harsh environmental conditions.
b. Donation Acknowledgements/Memorial Plaques: Donation acknowledgments
will be determined by City staff.
4. Benches, Tables, Bicycle Racks, Drinking Fountains, and Other Amenities
a. Donated benches become the exclusive property and maintenance
responsibility of the City.
b. Site preparation, installation, and site restoration will be the
responsibility of the City.
c. The amenity must be similar to or complement other amenities in the area.
d. For McCormick Village Park, bench donations shall be located according to the map
provided in Appendix C.
5. Buildings, Structures, and Public Art
a. Donated buildings, structures (including playgrounds) and public art are
not considered as part of this policy.
CONDITIONS
INSTALLATION: Installation of donated public space elements, including any donor acknowledgement,
will be completed by City personnel, unless mutual agreement for other arrangements has been
reached. The installation will be scheduled at a time and date as determined by Public Works
Operations and Maintenance, so as not to unnecessarily interfere with routine maintenance activities.
REMOVAL AND/OR RELOCATION: This section applies to both existing and new donations. The City
reserves the right to remove and/or relocate donated public space elements and their associated
signage, when they interfere with site safety, maintenance or construction activities.
Approved by the City Council on (INSERT DATE)
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APPENDIX A
Agreement Between
City of Port Orchard
and
[Donors' Name]
for donation
THIS AGREEMENT, entered into this day of ,202_, is by and between
the City of Port Orchard (the "City"), a municipal corporation, and Donors' Name, (the "Donor"),
Donors' Address.
WHEREAS, the Donor and the City recognize the importance of public facilities and amenities;
WHEREAS, the Donor has offered to donate (specify item- planting, park amenity, etc.);
NOW, THEREFORE, the City and the Donor, for the consideration and under the described
conditions and obligations, hereinafter set forth and agree as follows:
Section 1. The donation, known as name of item, as described below, is donated in its entirety to
the citizens of Port Orchard to be hereafter owned by the City of Port Orchard and
managed on behalf of the citizens by the Department of Public Works.
Section 2. Description and Location: The item is: (describe)
Space or Facility:
Location:
Additional Information: (does it have a plaque, etc?)
Section 3. The City reserves the right to move/remove and/or retire the said donation following
cessation of a five-year period. The five-year period shall commence upon the date
entered into and indicated above.
Section 4. Maintenance.
The City shall be responsible for maintenance of the item, including any reasonable
repairs, and will have the discretion to not replace and/or not repair the donation, if it
is deemed damaged beyond reasonable repair and/or replacement, suffers repeated
vandalism, and/or expires prior to cessation of the five-year period. Maintenance or
replacement of the item will be at the City’s sole discretion.
Section 5. Term.
The initial term of this Agreement shall be five years. Following cessation of the five-year
period, the City may treat the donation as it would any other City property similar in
nature.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officials:
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above.
By,
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ATTEST:
By,
Donor
Address
Brandy Rinearson, MMC, City Clerk
Approved as to Form:
Charlotte A. Archer, City Attorney
Date:
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APPENDIX B
APPROVED PUBLIC SPACE AMENITIES - EXAMPLES ONLY
BENCHES
8
9
TABLES
BICYCLE RACKS
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WASTE RECEPTACLES
Big Belly Solar Trash Container
www.Bigbellysolar.com
85 Wells Avenue, Suite 305
Newton, MA 02459
Ph: 888-820-0300
info@bigbellysolar.com
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APPENDIX C
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
CHAPTER 20.39.040 (USE TABLE) OF THE PORT ORCHARD MUNICIPAL CODE;
AMENDING ALLOWED ZONES FOR SALES OF FIREWORKS; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code
(POMC) was adopted on June 13, 2017 (Ordinance 019-17); and
WHEREAS, on March 12, 2019, the City Council approved Ordinance 011-19, which
created Chapter 20.39.040 POMC, Use Table, to indicate the zones in which various land
uses are allowed within the city; and
WHEREAS, the existing Chapter 20.39.040 POMC, Use Table, allows the commercial
sale of fireworks only in the Commercial Heavy (CH) and Industrial Flex (IF) zones, and the
City Council wishes to allow civic and institutional organizations such as churches and other
religious groups, fraternal organizations, youth groups and schools to sell fireworks as an
accessory use on properties where a civic and institutional use has already been established
conforming to zoning; and
WHEREAS, the City Council directed staff to prepare amendments to the Chapter
20.39.040 POMC, Use Table, to add fireworks sales as an accessory use to an existing civic
and institutional use, per POMC 20.37.010(1), in accordance with POMC Chapter 5.60, on
properties zoned Civic & Institutional (CI); and
WHEREAS, on July 7, 2020, the City submitted the proposed amendments to
Chapter 20.39.040 POMC to the Department of Commerce along with a 60-day request for
review; and
WHEREAS, on July 17, 2020, the City’s SEPA official issued a determination of non-
significance for the proposed amendments to Chapter 20.39.040 POMC, and there have
been no appeals; and
WHEREAS, on August 3, 2020, the City Council’s Land Use Committee reviewed the
amendments to Chapter 20.39.040 POMC, and recommended that they be forwarded to
the full City Council for review and approval; and
WHEREAS, on August 4, 2020, the City’s Planning Commission held a duly-noticed
public hearing on the proposed amendments to Chapter 20.39.040, and ******, and the
Ordinance No. __-18
Page 2 of 4
Planning Commission recommended approval of the proposed revisions;
WHEREAS, the City Council, after careful consideration of the recommendation from
the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance
is consistent with the City’s Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. The “Commercial Uses” section of Chapter 20.39.040 POMC, “Use Table” is
hereby amended, in part, as follows:
***
Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
***
Commercial Uses
***
Temporary fireworks sales
to in accordance with
Chapter 5.60 POMC. Also
see Accessory Uses in this
table.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- --
***
SECTION 3. The “Accessory Uses” section of Chapter 20.39.040 POMC, “Use Table” is
hereby amended, in part, as follows:
Ordinance No. __-18
Page 3 of 4
Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
***
Accessory Uses
***
Temporary fireworks sales
as an accessory use to an
existing civic &
institutional use per
20.37.010(1), in
accordance with Chapter
5.60 POMC.
-- -- -- -- -- --
--
-- -- -- -- -- -- -- P P -- -- P -- --
***
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 6. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this **th day of ** 2020.
Ordinance No. __-18
Page 4 of 4
Robert Putaansuu, Mayor
ATTEST:
______
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney John Clauson, Council Member
PUBLISHED:
EFFECTIVE DATE:
Name Location Zoning
Lot next to 4331 Bethel Road SE CH
401 SW Hayworth Dr CC
1011 Bethel Ave (Parking Lot)CC
1900 SE Sedgwick Rd CH
3497 Bethel Rd SE CH
370 SW Sedgwick Rd CH
1353 Olney Ave SE CC
3840 Bethel Rd SE CC
1120 Bethel Ave CMU
694 Bethel Ave CMU
1295 SE Sedgwick Rd CU
1489 SE Sedgwick Rd CMU
1780 SE Lincoln Ave CI
2020 Fir
2019 Firework Stan
Allowed under existing regs Allowed under new ordinance Comment
Yes Yes Near China Sun Buffet
No No
Rush Property at Sedgwick/Sidney. This
property is set to develop soon.
No No Bowling Alley
Yes Yes Fred Meyer
Yes Yes Walmart
Yes Yes Albertson's Sidney Sedgwick
No No Bi-Mart
No No Farmer George
No No Near Pancake House
No No
Near the Mattress Store, this was a new
location in 2020 moved from Grocery
Outlet Parking lot.
No No Car Dealer on Sedgwick/Taco Trucks
No No NE Cornr of Ramsay and Sedgwick
No Yes Christian Life Center Church
rework Stands
nds Discontinued in 2020
Firework Stand
Permitted in 2017?
Firework Stand
Permitted in 2018?
Firework Stand
Permitted in 2019?
No Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
Yes No Yes
Yes Yes Yes
Yes Yes Yes
Yes Yes Yes
No No No
ORDINANCE NO. __ -20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE
RUBY CREEK NEIGHBORHOOD SUBAREA PLAN; ADOPTING AN AMENDMENT TO THE
CITY COMPREHENSIVE PLAN PURSUANT TO RCW 36.70A.130(2)(a)(i); ADOPTING AN
AMENDMENT TO THE CITY ZONING MAP; ADOPTING AMENDMENTS TO CHAPTERS
20.38 AND 20.127 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt and maintain a
comprehensive plan; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of
Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA;
and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
comprehensive plan in June 2016, as required by the GMA; and
WHEREAS, the Ruby Creek Neighborhood is a designated Countywide Center in the
comprehensive plan, and Section 2.7.5.8 of the comprehensive plan directs the city to
develop a subarea plan for the Ruby Creek Neighborhood prior to the next periodic update,
and the City has prepared the Ruby Creek Neighborhood Subarea Plan (“Subarea Plan”) to
satisfy this requirement; and
WHEREAS, the City most recently adopted annual amendments to the City’s
Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106 on July 14, 2020; and
****
WHEREAS, RCW 36.70A.130(2)(a)(i) allows the initial adoption of a subarea plan
outside of the annual amendment process if the plan clarifies, supplements or implements
jurisdiction-wide comprehensive plan policies, and the cumulative impacts of the plan are
addressed by appropriate environmental review under chapter 43.21C RCW; and
WHEREAS, an update to the City Zoning Map has been prepared to provide consistency
between the Map and the zoning changes provided in the Subarea Plan, and
WHEREAS, amendments to Chapters 20.38 and 20.127 of the Port Orchard Municipal
Code (POMC) have been prepared to provide appropriate development regulations for the
Ordinance No. __-20
Page 2 of 7
Ruby Creek subarea, to provide consistency between the POMC and the Subarea Plan, and
to implement the Subarea Plan, per the requirements of RCW 36.70A.040(3), and
WHEREAS, on July 6th, 2020, the City Council’s Land Use Committee reviewed the
Subarea Plan and the amendments to the Zoning Map and to Chapters 20.38 and 20.127
POMC, and recommended that they be forwarded to the full City Council for review and
approval; and
WHEREAS, on July 8th, 2020, the City submitted the Subarea Plan, and the
amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, to the
Department of Commerce along with a 60-day request for review; and
WHEREAS, on July 23, 2020, the City’s SEPA official issued a determination of non-
significance for the Subarea Plan and the amendments to the Zoning Map and to Chapters
20.38 and 20.127 POMC, and there have been no appeals; and
WHEREAS, on August 4, 2020 and September 1, 2020, the City’s Planning
Commission held duly-noticed public hearings on the Subarea Plan and the proposed
amendments to the Zoning Map and to Chapters 20.38 and 20.127 POMC, and ******, and
the Planning Commission recommended approval of the proposed revisions;
WHEREAS, the City Council, after careful consideration of the recommendation from
the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance
is consistent with the City’s Comprehensive Plan and development regulations, the Growth
Management Act, and Chapter 36.70A RCW, and that the amendments herein to the City’s
Comprehensive Plan, Zoning Map, and Chapters 20.38 and 20.127 POMC are in the best
interests of the residents of the City; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this Ordinance.
SECTION 2. Adoption of the Ruby Creek Neighborhood Subarea Plan. The Ruby Creek
Neighborhood Subarea Plan is hereby adopted into the City of Port Orchard Comprehensive Plan.
(Exhibit 1)
Ordinance No. __-20
Page 3 of 7
SECTION 3. Adoption of Amended City of Port Orchard Zoning Map. The City of Port
Orchard Zoning Map is hereby adopted, as amended. (Exhibit 2)
SECTION 4. Adoption of Ruby Creek Overlay District and Development Regulations. The
following new sections are hereby added to Chapter 20.38 POMC (Overlay Districts):
20.38.300 Ruby Creek Overlay District Boundary.
A Ruby Creek Overlay District is hereby established with boundaries as shown below:
Figure 20.38.300. The Ruby Creek Overlay District Boundary.
Ordinance No. __-20
Page 4 of 7
20.38.305. Purpose.
The purpose of the Ruby Creek Overlay District (RCOD) is to implement the goals and policies of
the Ruby Creek Subarea Plan as adopted in the City’s Comprehensive Plan.
20.38.310 Applicability.
The standards of the RCOD shall apply to lands within the RCOD boundary as shown on the map
in section 20.38.300.
20.38.315. Conflicts. The RCOD utilizes the city’s existing zoning and development regulations
framework except as specified in sections 20.38.320 to 20.38.330. The standards of the RCOD
shall control when there is a conflict with other code sections.
20.38.320 Land Use.
The land use table and restrictions in POMC 20.39 shall control for allowed uses in the RCOD
except that the uses in the following table shall be permitted or conditionally permitted as
follows:
Specific Use R1 R3 GB CMU DMU CC CH PR CI
Transit Park and Ride Lot -- -- -- C -- C C -- C
Surface Parking: Commercial Parking, commuter
lease parking or park and ride, remote parking.
-- -- -- -- -- -- -- -- --
Commercial parking garage - standalone -- -- -- -- -- -- -- -- --
Brewery, distillery under 5,000 square feet. C P
Brewery, distillery 5,001-15,000 square feet. C C
Drive Through Facility (principal or accessory
use)
-- -- -- -- -- P P -- --
Low impact outdoor storage (accessory use) -- -- -- -- -- -- P -- --
20.38.330 Building Height.
Building Heights in the Ruby Creek Overlay District shall not exceed 55 feet (5 stories) except
when height bonuses are granted in accordance with POMC 20.41.
SECTION 5. Figure 2 in POMC 20.38.700 (Self-Storage Overlay District) is hereby amended
as follows:
Ordinance No. __-20
Page 5 of 7
SECTION 6. Figure 20.127.130(15), a Community Design Framework map, is amended as
follows:
Ordinance No. __-20
Page 6 of 7
SECTION 7. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 8. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 9. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect five (5) days after the date of publication. A summary
of this ordinance in the form of the ordinance title may be published in lieu of publishing the
ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this **th day of ** 2020.
Ordinance No. __-20
Page 7 of 7
Robert Putaansuu, Mayor
ATTEST:
______
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney Scott Diener, Council Member
PUBLISHED:
EFFECTIVE DATE:
EXHIBITS: 1. Ruby Creek Subarea Plan
2. Amended City Zoning Map
1Port Orchard Subarea Plan | Port Orchard, WA | Public Outreach / Engagement | 08.26.2019
A
PUBLIC OUTREACH /
ENGAGEMENT
2
City of Port Orchard
Department of Community Development
216 Prospect Street
Port Orchard, WA 98366
Contact:
Nick Bond
nbond@cityofportorchard.us
Keri Sallee
kSallee@cityofportorchard.us
APPENDIX A | PUBLIC PARTICIPATION PLAN
Urban Design, Architect
GGLO
1301 First Avenue, Suite 300
Seattle, WA 98101
Contact:
Jeff Foster
jfoster@GGLO.com
Engineers and Environmental Services
EA Engineering, Science and Technology,
Inc., PBC
2200 6th Ave #707,
Seattle, WA 98121
Contact:
Rich Schipanski
rschipanski@eaest.com
Civil Engineer - Storm Water
Reid Middleton, Inc.
728 134th Street SW, Suite 200
Everett, WA 98204
Contact:
Julian Dodge
jdodge@reidmiddleton.com
Real Estate and Economic Analysis
Heartland
1301 First Avenue, Suite 200
Seattle, WA 98101
Contact:
Mark Goodman
mgoodman@htland.com
Civil Engineer - Sanitary Sewer and Water Infrastructure
BHC Consultants, LLC
1601 Fifth Avenue, Suite 500
Seattle, WA 98101
Contact:
John Gillespie
john.gillespie@bhcconsultants.com
Transportation Engineer
Transportation Solutions, Inc.
8250 165th Ave NE, Suite 100
Redmond, WA 98052
Contact:
Andrew Bratlien
andrewb@tsinw.com
DRAF
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3Port Orchard Subarea Plan | Port Orchard, WA | Public Outreach / Engagement | 08.26.2019
APPENDIX A | PUBLIC PARTICIPATION PLAN
INTRODUCTION
Port Orchard is a small but growing city in the Puget Sound region of Washington State. It enjoys an outstanding natural
setting in close proximity to major urban employment centers. This setting and its role as Kitsap County Seat, Port Orchard
has the opportunity to be an important regional center for growth. Keeping these opportunities in mind the Department of
Community Planning at City of Port Orchard, along with its consultants are conducting a subarea plan and planned action EIS
for the Port Orchard Downtown and County Government Campus Subarea Plan (POSP).
These areas have land uses and conditions that are unique to the City and would benefit from the subarea process as they
will need to accommodate a proportionate share of the City's future growth. The subarea and planned action EIS planning
process will address issues such as current land uses, development capacity, future development mix and location of densities
and uses, transportation, utilities, public facilities, amenities, and natural resources. The result of the planning process will be a
neighborhood plan which will be incorporated in the City Comprehensive Plan.
The subarea plan requires early and continuous public participation consistent with RCW 43.21C.420. The planned action
EIS shall meet the requirements of RCW 43.21C.440(1)(b)(ii). The subarea plan and planned action EIS, which will be partly
funded by an E2SHB 1923 grant administered by the Washington State Department of Commerce, must also comply with the
requirements of the Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 248, Laws of 2019). Additionally, the
subarea plan shall address the PSRC regional centers plan checklist criteria, regional center application requirements, and
provide the City with a plan suitable for seeking designation as an Urban Growth Center.
The purpose of this document is to identify the City of Port Orchard's public participation objectives, approach, audiences,
schedule, and opportunities for public participation. This document may be updated over time to reflect the needs of the
subarea plan and experiences in early outreach to ensure public participation is effective.
OBJECTIVES
The initial objectives were derived from City of Port Orchard Department of Community Development initial RFP goals
summary:
• Develop a Subarea Plan that establishes a vision for Port Orchard as vibrant urban center that supports denser
residential living in a walkable neighborhood.
• Increase Housing supply consistent with the goals of E2SHB grant.
• Focused growth in designated centers to support denser residential living in a walkable neighborhood.
• The plan should support a potential future PSRC Regional Center designation.
• Planned Action EIS to reduce barriers to SEPA regulatory compliance and encourage economic development.
• Plan for the City of Port Orchard to accommodate a larger regional share of growth as a proposed high capacity transit
community under Vision 2050.
APPROACH
The city has retained a consultant team lead by GGLO Architects and Planners to lead the Downtown and Government
Campus Subarea Plan and Planned Action EIS process. The consultant team will be responsible for facilitating public meetings,
and other methods of public outreach related to developing the city’s vision. In accordance with their contract, GGLO's team is
responsible for the following deliverables:
• 1 - Downtown/County Government Campus Subarea Plan
• 2 - Planned Action EIS
Component one of the planning process will identify a long-range land use vision, opportunities to increase housing, and
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transportation plan for the Port Orchard Downtown and County Government Campus Subarea.
Component two will prepare the required Environmental Impact Statement (EIS) in response to applicable state, and local
environmental policy act requirements, and provide support for City approval of the Subarea Plan and completion of the Final
EIS and PAO.
Department of Community Development (DCD) staff will be responsible for drafting the planned action ordinance based on
and will coordinate the final Planned Action Ordinance approval. DCD will handle the task of noticing public hearings and
documenting and responding to public comments.
AUDIENCES
There are several audiences - individuals and agencies - that will participate in the planning process, and each will become
engaged in the process in different ways:
• General Public: Port Orchard residents, property owners, and business owners.
• Elected and Appointed Officials: City Council members, Planning Commissioners, Design Review Board Members.
• Non-City Service Providers: Special districts such as Water and Sewer District, Fire District, Kitsap Transit, etc.
• Non-governmental Organizations: Chamber of Commerce, Rotary Club of Port Orchard and other service clubs, the Port
Orchard Bay Street Association (POBSA), Kitsap Alliance of Property Owners (KAPO), etc.
• State, Regional, and Other Local Governments: Puget Sound Regional Council, Kitsap County, Kitsap Regional Council,
The Suquamish Tribe, WSDOT, the Department of Commerce, the Department of Ecology, the Port of Bremerton, and
the Department of Natural Resources
ROLE OF DECISION MAKERS
City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan
update. Council members will be notified of public workshops and are invited to participate early on in the planning process.
All public workshops will be noticed appropriately so that all Council members are able to fully participate in these events
in the event of a quorum. The Council will receive periodic briefings on the update and will review the Planning Commission
recommendations on the periodic update to the Comprehensive Plan. Council will hold a public hearing on the final draft
periodic update to the Comprehensive Plan prior to taking final action.
Planning Commission: The Planning Commission will provide policy recommendations for the periodic update to the
Comprehensive Plan and ensure that the public is involved throughout the process. The Planning Commission will review
the draft update on a chapter by chapter basis, providing opportunities for public comments while providing feedback and
recommendations to the administration. All public workshops will be noticed appropriately so that all Planning Commission
members are able to fully participate in these events in the event of a quorum. The Planning Commission shall forward its final
recommendation to the City Council for the periodic update no later than March 31, 2016.
Administration: The Administration will oversee staff and consultant work on the periodic update. They will facilitate public
meetings and present draft materials to the Planning Commission and City Council for review. They will revise documents as
needed and provide all materials to Planning Commissioners and City Council members in a timely manner.
ROLE OF THE PUBLIC
The Subarea plan is written for and with guidance from the public. It contains their preferences, ideas, and policy objectives.
During the planning process it is important to retain the public’s interest by making citizen participation as accessible as
possible. The process is driven by the community and guided by the city’s professional staff and their consultants, so it is
vital to involve public participation. This will be accomplished through advertising, outreach, stakeholder involvement, and
numerous public events.
Goal 11 of the GMA requires citizen participation and coordination: “Encourage the involvement of citizens in the planning
APPENDIX A | PUBLIC PARTICIPATION PLAN
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process and ensure coordination between communities and jurisdictions to reconcile conflicts.” The Washington State
Department of Commerce lists benefits of including citizens in the process:
• Enhances the quality of planning by incorporating a wide variety of information and perspectives.
• Allows communities to make decisions based on shared values.
• Engage citizens in the ownership of local land use challenges and solutions.
• Educates and empowers citizens.
• Supports swift and efficient project implementation.
• Ensures that good plans remain relevant over time.
• Fosters a sense of community, and trust in government.
OPPORTUNITIES FOR PUBLIC PARTICIPATION
The City is committed to providing multiple opportunities for the public to engage throughout the planning process. These
public meetings will begin in the Spring of 2020 and continue through the Spring 2021. Many of the meetings will be hosted
by the Planning Commission or City Council. Prior to the initial meeting in this series the Public Participation Plan will be
reviewed at a public Hearing of the Port Orchard Planning Commission before being recommended for approval by the City
Council. In addition to in-person meetings, the City will release an on-line survey as part of the initial public kick-off to gather
public feedback on the project goals and vision. Public comment will be taken at all meetings, and the City will strive for one-
week notice on public meetings.
• April 2020 - Public Kick off Meeting and Online Survey: This neighborhood meeting (approximately two
hours) will be the first community meeting for the Subarea Planning Process. The neighborhood meeting will have two
purposes: inform the public about the process and begin to identify community goals and priorities. The neighborhood
meeting will include a presentation or presentation boards and have time set aside for questions and answers, and part
interactive Open House where community members can begin to identify concerns in the following topic areas: current
land uses, development capacity, future development mix and location of densities and uses, transportation, utilities,
public facilities, amenities, and natural resources. An electronic survey should be launched at this meeting that allows
for broader public participation in identifying areas of focus and concern. The survey will be available to the public for a
minimum of one week following the open house (estimate). After the survey is a completed, a report will be drafted for
the Planning Commission outlining the feedback received during the neighborhood meeting and through the survey.
APPENDIX A | PUBLIC PARTICIPATION PLAN
In-Person Public Participation Opportunities Involvement
Anticipated Meetings Estimated Timeline
Subarea Planning Process - Public Kick-off April, 2020
Planned Action - EIS Scoping June, 2020
Planned Action - Draft EIS Alternatives November, 2020
Planned action Ordinance Public Hearing - Regularly scheduled Planning Commission meeting January-March 2021
Public Adoption - Regularly scheduled Planning Commission meeting March 2021
*The attached estimated schedule will be updated as needed throughout the planning process. Specific meeting dates and
times will be available on the City’s website once scheduled.
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APPENDIX A | PUBLIC PARTICIPATION PLAN
• June 2020 - Planned Action - EIS Scoping: An EIS Scoping Meeting will provide an opportunity for agencies,
organizations and the public to better understand the scope of the proposed Subarea Plan and to present testimony
regarding alternatives and environmental issues to be evaluated in the EIS. This meeting is planned to take place at the
regularly scheduled planning commission meeting.
• November 2020 - Draft EIS: At this time the public will have another opportunity to comment to the Planning
Commission on a DRAFT Subarea Plan and Planned Action EIS proposed by the City and its consultants. Following
public comment of the proposed alternatives, the The Planning Commission will recommend a DRAFT Subarea Plan and
Planned Action EIS alternative for approval.
• Spring 2021 - Planned Action Ordinance Adoption: Following the completion of the Subarea Plan and Planned Action
EIS, City staff will draft the Planned Action Ordinance based on consultant recommendations for review by the Planning
Commission. The public will be able to comment to the Planning Commission on the DRAFT Planned Action Ordinance.
The Planning Commission will recommend a DRAFT Planned Action Ordinance to the City Council.
HOW TO GET AND STAY INVOLVE
• Sign-up for e-mail notification by e-mailing: planning@cityofportorchard.us
• Website: The City maintains a Downtown and Government Campus Subarea Plan project page on its website
• Online Survey: Complete the initial project kick-off survey
• Comment: In person to the Planning Commission, City Council or Staff, or by written comment submitted to the City by
letter, or email. All comments will be documented, preserved, and available for public review.
• To submit written comments: planning@cityofportorchard.us or 216 Prospect Street, Port Orchard WA 98366
• To submit questions or comments over the phone: 360.874.5533
POTENTIAL GROUPS FOR STAKEHOLDER OUTREACH
Port Orchard City Staff will initiate contact and regularly communicate about the Subarea Plan and Planned Action EIS process
with the following potential groups for outreach. Staff anticipates developing an email list-serve to maintain communication
with these groups.
Potential stakeholders may include: Neighborhood Associations; Subarea business owners POBSA, County, Kitsap Transit,
Chamber, School District, Navy, Port of Bremerton, Utility Providers, Homebuilders Association, Tribes, etc.
OUTREACH METHODS AND TOOLS
The overall objective of this program is to describe how the City will engage the public during the course of the planning
process. Public participation methods and tools may vary by phase of the process. This Public Participation Program may
continue to be reviewed and refined throughout the planning process, if needed. The primary means of participation will
be traditional public meetings, but the City will strive to take advantage of multiple modes of communication to engage
the public. Public outreach will consist of in-person outreach efforts, traditional media and advertising, and outreach efforts
utilizing technology and social media. Public meetings shall be noticed as far in advance as possible, and the City shall strive
to provide one week notice.
In-person Opportunities
• In-person presentations at group meetings, i.e. stakeholder meetings, public open house, or planning commission
meetings.
Written Comment and Surveys
• Online public feedback
• Comment forms available at public meetings
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APPENDIX A | PUBLIC PARTICIPATION PLAN
• Online surveys will be conducted to collect public opinion on a range of topics and from a diverse and representative
sample
Distribution and Technology
• City website – Background information, useful weblinks to planning resources, and materials prepared for public
meetings will be available to the public on the City’s project page and as hard copies at City Hall
• Information will be shared with the Planning Commission, city departments, and regional agencies as needed
• Notify Me – There will be a list-serve for the public to sign up for project updates
• Press releases will be published ahead of public meetings, and city staff will be available for interested reporters and
media outlets
• Posting project meetings to the calendar on the City website
CONCLUSION
The Public Participation Program may be updated administratively as conditions change or additional resources to support
outreach activities become available. A current copy of the program shall be available for viewing at the front counter of the
Department of Community Development and on the city’s website.
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APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
1. Initial Public Outreach Summary
SUMMARY
The City hosted an online survey between June 8th and July
24th, 2020. Participants provided feedback on their vision for
East Downtown Waterfront, West Downtown Waterfront, the
County Government Campus, and the overall project study
area. Topics included: housing, recreation and community
services, transportation and mobility. Key themes that
emerged from the survey were described in a Summary
Report are listed below:
• Improve recreational opportunities and enhance
existing open space along the waterfront.
• Encourage development of local businesses and
restaurants that face Sinclair Inlet to create a waterfront
destination.
• New development should be of a scale and character
consistent with the existing neighborhood.
• Maintain adequate parking for downtown businesses
and marina users.
• Improve safety and security at parks and open space.
• Improved transit pedestrian and bicycle connections
throughout the study area.
WEST DOWNTOWN WATERFRONT
Participants mentioned the potential for connections to
commercial uses along the key corridors and businesses that
faced the waterfront. They also mentioned the importance
of having more local restaurants, grocery stores, cafes, and
other businesses that are easily supported by commuters,
pedestrians, and bicyclists. The marinas along downtown
should be incorporated for all locals, tourists, neighboring
city visitors, etc. Waterfront should be updated without losing
the history but also bring the boardwalk back to life.
EAST DOWNTOWN WATERFRONT
Participants expressed a desire for new mixed-use
development that would be a better use for the waterfront
sites rather than surface parking. Concern was raised that
new development does not impede existing views from
uphill neighborhoods. Participants expressed safety concerns
related to the parks and pedestrian and bicycle circulation.
COUNTY CAMPUS
Participant shared a concern that new commercial or mixed-
use buildings should maintain the existing residential
appearance and character. Conversely, participants
showed interest in increasing density and housing choices.
Participants noted a need for improved pedestrian
connections to downtown business.
These results will be used to guide the subarea plan, to
study and determine the impact of surface verses structured
parking on capacity and utilizing vacant lands or land used for
surface parking for recreational activity along waterfront. The
concentration of commercial development as a standalone
product as well as a share of mixed-used developments.
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0 5 0 0 1 ,0 0 0 2 ,0 0 0
F E E TBASE PLA N
SCALE 1”=400’
STUDY AREA MAP
SCALE: 1” = 40’0 500 1,000 2,000
FEET
10
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
1. Initial Public Outreach Summary
SURVEY RESULTS
The City and its consultants are committed to providing
multiple opportunities for the public to engage throughout
the planning process. Planned public outreach efforts are
continuing to evolve in response to Covid-19, and the WA
Stay Home, Stay Healthy order. An on-line survey was issued
as a part of the initial public kick-off to gather feedback on
the project goal and vision. The survey was closed on 24th
July, 2020 and we received 71 responses.
COUNTY CAMPUS
EAST DOWNTOWN
WEST DOWNTOWN
LEGEND
Total Responses: 71
Date Created: Monday, June 08, 2020
Complete Responses: 65
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APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
Q1: PROMOTE THE CREATION OF A
DOWNTOWN ENTRY GATEWAY AT PORT
ORCHARD BLVD AND BAY STREET.
Answered: 69 Skipped: 2
Q3: ENCOURAGE ADDITIONAL MULTI-
FAMILY AND MIXED-USE HOUSING.
Answered: 71 Skipped: 0
Q2: ENHANCED PEDESTRIAN
STREETSCAPE (LIGHTING, SIDEWALKS,
SEATING, LANDSCAPING, ETC.) ALONG
BAY ST.
Answered: 71 Skipped: 0
Q4: DESIGN FOR FLOODING AND
POTENTIAL SEA LEVEL RISE ALONG
SINCLAIR INLET.
Answered: 71 Skipped: 0
WEST DOWNTOWN WATERFRONT:
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Q5: IMPROVE PEDESTRIAN AND BICYCLE
MOBILITY.
Answered: 71 Skipped: 0
Q7: MAINTAIN THE CURRENT HOME
FOR THE FARMERS MARKET ON THE
WATERFRONT.
Answered: 71 Skipped: 0
Q6: TRADE WATERFRONT PARKING FOR
INCREASED OPEN SPACE SUCH AS PARKS,
PLAZAS, OR RECREATION AREAS.
Answered: 71 Skipped: 0
1. Public Outreach Summary
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City of Port Orchard - Public Outreach Initial Survey
Additional comments or issues to consider related to the West Downtown Waterfront:
Answered 27
Skipped 44
Respondents Response Date Responses Tags
1 Jul 06 2020 12:50 PM
Safety. Homeless people have made it impossible to walk around
downtown. We, personally, have been harassed several times. In
addition we have heard of attacks that make it unsafe to walk three
blocks from our house.
2 Jul 06 2020 09:07 AM
develop a kayak/community rowing boathouse/low dock
3 Jul 05 2020 11:45 AM
If you remove waterfront parking and move it uphill, what
accommodations will there be for people who can't walk up steep hills
but don't qualify for handicapped parking permits.
4 Jul 04 2020 05:33 PM
We should be utilizing our waterfront. Parking should be inland, not
waterfront parking (with the exception of those who live aboard boats,
they should have parking near their dock.)
5 Jul 04 2020 11:34 AM
I would love to see better/more boat access especially for recreational
boating/rowing activity.
6 Jul 02 2020 01:35 AM
We need more family dining, places for adults to hangout, and newer
businesses to come in to draw people to the area. There is no need
for 80 “antique” stores. The area has so much potential. It’s time to
give the area a facelift.
7 Jun 26 2020 09:34 PM
more parking
8 Jun 22 2020 09:00 PM
I am concerned that if parks are installed down town, what happens to
parking for the shipyard people that live in PO. We should be more
concerned about the people living in PO. The way PO is going the
parks will be hangouts for homeless, and transients. Currently, we
can't control the number now. I want to see the downtown improve but
we do not need massive park area. Housing and stores would be
great. It would also be nice to see the price tag for the research and
development.
9 Jun 20 2020 07:11 AM
If waterfront parking is traded for open public spaces, that would
provide a better location for the farmers market.
10 Jun 18 2020 06:06 PM
Exciting to see how this all develops!
11 Jun 18 2020 02:10 PM
You need to encourage BUSINESSES!! Especially waterfront dining.
It's EMBARRASSING that there is NO WHERE to have a meal and
enjoy the view in downtown Port Orchard- which is ON THE WATER!
12 Jun 18 2020 07:40 AM
Include landscaped areas to further showcase our cute little town!
13 Jun 17 2020 09:27 PM
With all the marinas downtown should be more incorporated for all.
Locals, tourists, neighboring city visitors & boaters, etc.. .. fill those
shops up! waterfront should be updated but Not To lose it’s history to
bring the waterfront/boardwalk back to life.
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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1. Public Outreach Summary
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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Q9: PROMOTE THE CREATION OF A
DOWNTOWN ENTRY GATEWAY AT BETHEL
AND BAY STREET.
Answered: 70 Skipped: 1
Q11: DESIGN FOR FLOODING AND
POTENTIAL SEA-LEVEL RISE ALONG
SINCLAIR INLET.
Answered: 70 Skipped: 1
Q10: ENHANCED PEDESTRIAN
STREETSCAPE (LIGHTING, SIDEWALKS,
SEATING, LANDSCAPING, ETC.) ALONG
BAY ST.
Answered: 70 Skipped: 1
Q12: IMPROVE PEDESTRIAN AND BICYCLE
MOBILITY.
Answered: 69 Skipped: 2
EAST DOWNTOWN WATERFRONT:
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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Q13: PROVIDE NEW PUBLIC OPEN
SPACES SUCH AS PARKS, PLAZAS, OR
RECREATION AREAS.
Answered: 69 Skipped: 2
Q15: PRESERVE, PROTECT, AND RESTORE
NATURAL FEATURES AT THE OUTFLOW OF
BLACKJACK CREEK.
Answered: 69 Skipped: 2
Q14: PROMOTE SMALLER-SCALE MIXED-
USE COMMERCIAL STOREFRONT USES.
Answered: 69 Skipped: 2
EAST DOWNTOWN WATERFRONT:
1. Public Outreach Summary
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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City of Port Orchard - Public Outreach Initial Survey
Additional comments or issues to consider related to the East Downtown Waterfront:
Answered 13
Skipped 58
Respondents Response Date Responses Tags
1 Jul 06 2020 12:53 PM
Get rid of the car lot or make them remodel so it does not look like a horrid
wasteland. Get rid of the RV place. A mixed use development set against
the hill would add to values without destroying views
2 Jul 06 2020 09:09 AM
mud flats in this area make it not desireable for public use
3 Jul 04 2020 05:34 PM
We have such great geography, let's take advantage, do some planning
and bring this town to life!
4 Jul 02 2020 01:36 AM
Make the area updated and attractive to bring tourists into our area.
5 Jun 22 2020 09:07 PM
No bike lanes, or huge parks, please. New housing, stores, and
restaurants.
6 Jun 18 2020 02:12 PM
Please get rid of the derelicts, delinquents and drunken methed out
homeless people that congregate at Etta Turner Park
7 Jun 17 2020 09:29 PM
You started doing great job with this . With bridge over blackjack
extension, Rockwell park.
8 Jun 17 2020 06:23 PM
Path to Annapolis needs to fit in existing business’s footprint. If no
business’s near Annapolis why need path?
9 Jun 17 2020 03:19 PM
Make sure that areas where bikes can go are open to e-bikes and e-
scooters.
10 Jun 17 2020 01:52 PM
New construction needs to fit in with surroundings and only two stories. Do
not impede the view of others.
11 Jun 17 2020 11:54 AM
Better pedestrian/bicycle access
12 Jun 17 2020 11:20 AM
get rid of homeless encampments at blackjack creek and think about the
look of downtown Poulsbo with the benches for seating downtown.
13 Jun 17 2020 11:11 AM
If expanding to include Bicycle lanes please move the to part of the
sidewalk and keep the roads clear for motor vehicles, this will aid in the
safety of bicyclists along Baystreet and Bethel ave, and reduce the
hindrance of motor vehicle traffic.
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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COUNTY CAMPUS:
Q17: PROVIDE IMPROVED PEDESTRIAN
CIRCULATION ROUTES FROM DOWNTOWN
TO THE COUNTY CAMPUS AND HILLTOP
NEIGHBORHOODS.
Answered: 69 Skipped: 2
Q19: IMPROVE PEDESTRIAN AND BICYCLE
MOBILITY.
Answered: 69 Skipped: 2
Q18: ENCOURAGE ADDITIONAL MULTI-
FAMILY AND MIXED-USE HOUSING
OPTIONS.
Answered: 69 Skipped: 2
Q20: ALLOW ADDITIONAL MIXED-USE
AND NEIGHBORHOOD COMMERCIAL USES
ALONG SIDNEY AVE.
Answered: 69 Skipped: 2
1. Public Outreach Summary
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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COUNTY CAMPUS:
Q21: ALLOW ADDITIONAL MIXED-USE
AND NEIGHBORHOOD COMMERCIAL USES
ALONG CLINE AVE.
Answered: 69 Skipped: 2
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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City of Port Orchard - Public Outreach Initial Survey
Additional comments or issues to consider related to the County Campus and Hilltop Neighborhood:
Answered 13
Skipped 58
Respondents Response Date Responses Tags
1 Jul 06 2020 12:55 PM
I live in that neighborhood. We need to preserve it, not turn it into a
business park. Homes used as lawyers offices should have to maintain the
charms and appearance of a home not a business.
2 Jul 06 2020 09:10 AM
provide more parking options for complex business
3 Jul 05 2020 11:48 AM
Not everyone can walk up the steep hill from downtown to the county
campus.
4 Jun 22 2020 09:13 PM
What happens to the existing ball fields, and community center?
5 Jun 18 2020 02:14 PM
Please create a dense core in the county campus and downtown areas.
That way if people want rural, it will only be minutes away. There's no
reason to have low density across the board. It encourages sprawl and
wastes community resources.
6 Jun 18 2020 06:40 AM
Surrounding homes and neighborhoods should not be destroyed just
because county workers in the new county area are hungry. Let them walk
to Bay street
7 Jun 17 2020 09:32 PM
I think downtown really needs the help not so much this area. After this is
completed then this area I would think be successful w bringing in families
to these new housing areas because they live close to the newer
downtown
8 Jun 17 2020 06:28 PM
Need to plan for numerous visitors to the County Campus and plan to
support with office spaces, transit connections and eateries.
9 Jun 17 2020 03:20 PM
Make sure that areas where bikes can go are open to e-bikes and e-
scooters.
10 Jun 17 2020 01:52 PM
No monster-size buildings. If built, they should fit in with the neighborhood
surroundings.
11 Jun 17 2020 11:16 AM
Cline ave would be better suited for multifamily buildings vs Sidney ave.
especially near Givens Community Center. It would be a shame to see the
nicer historical buildings along Sidney destroyed for progress and lose
some of the charm of the down town area.
12 Jun 17 2020 11:05 AM
Please leave as many houses as possible. The county boundaries are
uncomfortably close to where we live.
13 Jun 17 2020 10:44 AM
Create a stair climb and fitness features out of natural objects to turn the
hill into a circuit course for healthy lifestyles.
1. Public Outreach Summary
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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City of Port Orchard - Public Outreach Initial Survey
Additional comments or issues to consider related to the County Campus and Hilltop Neighborhood:
Answered13
Skipped58
Respondents Response DateResponsesTags
1 Jul 06 2020 12:55 PM
I live in that neighborhood. We need to preserve it, not turn it into a
business park. Homes used as lawyers offices should have to maintain the
charms and appearance of a home not a business.
2 Jul 06 2020 09:10 AM
provide more parking options for complex business
3 Jul 05 2020 11:48 AM
Not everyone can walk up the steep hill from downtown to the county
campus.
4 Jun 22 2020 09:13 PM
What happens to the existing ball fields, and community center?
5 Jun 18 2020 02:14 PM
Please create a dense core in the county campus and downtown areas.
That way if people want rural, it will only be minutes away. There's no
reason to have low density across the board. It encourages sprawl and
wastes community resources.
6 Jun 18 2020 06:40 AM
Surrounding homes and neighborhoods should not be destroyed just
because county workers in the new county area are hungry. Let them walk
to Bay street
7 Jun 17 2020 09:32 PM
I think downtown really needs the help not so much this area. After this is
completed then this area I would think be successful w bringing in families
to these new housing areas because they live close to the newer
downtown
8 Jun 17 2020 06:28 PM
Need to plan for numerous visitors to the County Campus and plan to
support with office spaces, transit connections and eateries.
9 Jun 17 2020 03:20 PM
Make sure that areas where bikes can go are open to e-bikes and e-
scooters.
10 Jun 17 2020 01:52 PM
No monster-size buildings. If built, they should fit in with the neighborhood
surroundings.
11 Jun 17 2020 11:16 AM
Cline ave would be better suited for multifamily buildings vs Sidney ave.
especially near Givens Community Center. It would be a shame to see the
nicer historical buildings along Sidney destroyed for progress and lose
some of the charm of the down town area.
12 Jun 17 2020 11:05 AM
Please leave as many houses as possible. The county boundaries are
uncomfortably close to where we live.
13 Jun 17 2020 10:44 AM
Create a stair climb and fitness features out of natural objects to turn the
hill into a circuit course for healthy lifestyles.
DEMOGRAPHICS:
Q23: GENDER
Answered: 69 Skipped: 2
Q25: WHERE DO YOU LIVE
Answered: 69 Skipped: 2
Q24: WHAT IS YOUR AGE
Answered: 69 Skipped: 2
Q26: WHAT TYPE OF HOUSING DO YOU
LIVE IN?
Answered: 69 Skipped: 2
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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DEMOGRAPHICS:
Q27: IF EMPLOYED, WHERE DO YOU
WORK?
Answered: 51 Skipped: 20
Q28: HOW DO YOU TYPICALLY GET TO
WORK (RANK 1 – 5, WHERE 1 IS WHAT
YOU USE MOST)?
Answered: 55 Skipped: 16
Q29: IF YOU ARE A CURRENT BUSINESS
OWNER, WHERE IS YOUR BUSINESS
LOCATED?
Answered: 9 Skipped: 62
1. Public Outreach Summary
APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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APPENDIX A | INITIAL PUBLIC OUTREACH SUMMARY
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Chapter 3.48
MULTIFAMILY PROPERTY TAX EXEMPTION
REVISIONS IN REDLINE
Sections:
3.48.010 Purpose.
3.48.020 Definitions.
3.48.030 Residential targeted areas – Criteria – Designation.
3.48.040 Residential targeted areas – Types 1 through 3
3.48.040 Terms of the tax exemption.
3.48.050 Project eligibility.
3.48.060 Application procedure.
3.48.070 Application review – Issuance of conditional certificate – Denial – Appeal.
3.48.080 Extension of conditional certificate.
3.48.090 Application for final certificate.
3.48.100 Issuance of final certificate.
3.48.110 Annual compliance review – Reporting.
3.48.120 Cancellation of tax exemption.
3.48.130 Conflict of provisions.
3.48.010 Purpose.
As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from
ad valorem property taxation for multifamily housing in designated residential targeted areas to:
(1) Encourage increased residential opportunities, including affordable housing units, within areas of the
city designated by the city council as residential targeted areas; and/or
(2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for
multifamily housing in designated residential targeted areas to increase and improve housing
opportunities, including affordable housing; and
(3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW, as
implemented by the city’s comprehensive plan.
3.48.020 Definitions.
When used in this chapter, the following terms shall have the following meanings, unless the context
indicates otherwise:
(1) “Affordable housing” means the definition provided for in RCW 84.14.010.
(2) “Department” means the city department of community development.
(3) “Director” means the director of the department of community development, or designee.
(4) “Fair market rent” means the federal department of housing and urban development’s estimate of
what a household seeking a modest rental home in a short amount of time can expect to pay for rent
and utilities in the current market, as updated annually.
(54) “High-cost area” means the definition provided for in RCW 84.14.010.
(65) “Household” means the definition provided for in RCW 84.14.010.
76) “Low-income household” means the definition provided for in RCW 84.14.010.
(8) “Median family income” means the median family income for the Bremerton-Silverdale Metropolitan
Statistical Area, as calculated by the federal department of housing and urban development and
updated annually.
(9) “Mixed-use development” means a mix of residential and commercial development, either in the
same building or in separate buildings on a site, and involving one or more building types, as permitted
by the city’s comprehensive plan, zoning (including any overlay districts), and design regulations.
(107) “Moderate-income household” means the definition provided for in RCW 84.14.010.
(118) “Multifamily housing” (for the purposes of this chapter) means a building having 10 or more
dwelling units not designed or used as transient accommodations and not including hotels and motels.
Multifamily units may result from new construction or rehabilitated or conversion of vacant,
underutilized, or substandard buildings to multifamily housing.
(129) “Owner” means the definition provided for in RCW 84.14.010.
(130) “Permanent residential occupancy” means the definition provided for in RCW 84.14.010.
(141) “Rehabilitation improvements” means the definition provided for in RCW 84.14.010.
(152) “Residential targeted area” means the definition provided for in RCW 84.14.010 and the area(s)
that have been so designated by the city council pursuant to this chapter.
(163) “Substantial compliance” means the definition provided for in RCW 84.14.010.
(174) “Urban center” means the definition provided for in RCW 84.14.010.
3.48.030 Residential targeted areas – Criteria – Designation.
(1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council’s intention of
designating a residential targeted area, the city council may, in its sole discretion, designate one or more
residential targeted areas. Each residential targeted area must meet the following criteria, as
determined by the city council:
(a) The area is within an urban center as designated in the City’s Comprehensive Plan (as a regional,
countywide, or local center);
(b) The area lacks sufficient available, desirable, and convenient residential housing, including
affordable housing, to meet the needs of the public who would be likely to live in the urban center
if affordable, desirable, attractive, and livable residences were available; and
(c) Providing additional housing opportunities, including affordable housing, in the area will assist in
achieving one or more of the purposes of this chapter.
(2) In designating a residential targeted area, the city council may also consider other factors including,
but not limited to:
(a) Additional housing, including affordable housing units, in the residential targeted area will
attract and maintain an increase in the number of permanent residents;
(b) An increased permanent residential population in the residential targeted area will help to
achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW,
as implemented through the city’s current and future comprehensive plans;
(c) Encouraging additional housing in the residential targeted area is consistent with public
transportation plans; or
(d) Additional housing may contribute to revitalization of a distressed neighborhood or area within
the city.
(3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the
designation of a residential targeted area pursuant to the same procedural requirements as set forth in
this chapter for original designation.
(4) The following areas are designated as residential targeted areas under this chapter, as shown on the
map labeled Figure 1: Alternative 1:
Figure 1: Alternative 1
(5) If a part of any legal lot is within a designated residential targeted area then the entire lot shall be
deemed to lie within such residential targeted area. Property located outside of, but adjacent to, the
described areas is not designated as residential targeted areas.
3.48.040 Designated residential targeted areas – Types 1 through 3.
In accordance with section 3.48.030, the City Council has designated three types of designated
residential targeted areas, as provided below and as shown on Figures 1 through 3. The maps in Figures
1 through 3 are provided for planning purposes only, and all development that is proposed to qualify for
tax exemption within these areas must meet the criteria of this chapter, as well as all other relevant City
standards, including but not limited to: the comprehensive plan, zoning code, building code, public
works standards, critical areas regulations and the shoreline master program. The project must also
comply with any other standards and guidelines adopted by the city council for the specific residential
targeted area.
(1) Type 1: Affordable Housing with Transit Access.
(a) As shown on Figure 1, the Type 1 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are zoned for multifamily (including mixed use) development
within one-half mile of a transit route or ferry terminal. If more than 75% of the buildable portions of
the property area are located more than one-half mile from a transit route or ferry terminal, the
property is not eligible for inclusion on the Figure 1 map.
(b) Residential development in a Type 1 residential targeted area is eligible to be considered for 12-
year tax exemption.
(c) An affordable housing component is required:
1. A minimum of 20 percent of all residential units in the development shall be rented for at least
10 percent below fair market rent for 12 years, to tenants whose household annual income is:
• At or below 40% of median family income, for housing units in congregate
residences or small efficiency dwelling units;
• At or below 65% of median family income for one-bedroom units;
• At or below 75% of median family income for two-bedroom units; and
• At or below 80% of median family income for three-bedroom and larger units.
2. If calculations for the minimum 20 percent of the residential units required under 1. of this subsection
result in a fraction, then the minimum number of residential units required to meet the affordable
housing requirement shall be rounded up to the next whole number.
Figure 1: Type 1 Tax Exemption Map
(2) Type 2: Redevelopment Areas.
(a) As shown on Figure 2, the Type 2 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are encouraged to redevelop with multifamily or mixed-use
development. These include parcels that: (1) have abandoned buildings (vacant or unused for more than
two years); underutilized buildings (50% or more vacancy for more than two years); or (3) contain
existing structures and improvements with an assessed building value to land ratio of 2:1 or lessmore.
(b) Residential development in a Type 2 residential targeted area is eligible to be considered for 8-
year tax exemption.
(c) No affordable housing component is required.
(d) For certain parcels, rezoning may be required for multifamily or mixed usemixed-use
development.
Figure 2: Type 2 Tax Exemption Map
(3) Type 3: Mixed-Use Development with Structured Parking and/or Transfer of Development Rights.
(a) As shown on Figure 3, the Type 3 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are zoned for multifamily (including mixed-use)
development.
(b) Residential development in a Type 3 residential targeted area is eligible to be considered for an
8-year tax exemption.
(c) No affordable housing component is required.
(d) The proposed development shall include at least one of the following:
1. At least 50% of the required parking for the proposed use(s) shall be located within the
footprint of a building containing multifamily units, in a multistory parking structure, and/or
below grade; and the project should achieve at least 50 units per net developable acre
(excluding critical areas and buffers, and other land that is undevelopable such as shoreline
buffers and tidelands).
2. Construct mixed-use shopfront building type development (refer to POMC 20.32) containing
non-residential/non-parking garage square footage that measures at least 40% of the total
building footprint square footage for all buildings on the development site. The non-
residential/non-parking garage square footage may be in one or more buildings on the site.
Live-work units shall be considered as non-residential square footage for the purpose of
achieving the required 40% minimum, provided that the units are designed as shopfronts
along a public street.
3. Purchase one additional story of building height for one or more buildings through the city’s
transfer of development rights (TDR) program (refer to POMC 20.41) and construct (a)
building(s) that utilizes the additional height allowance.
Figure 3: Type 3 Tax Exemption Map
3.48.0540 Terms of the tax exemption.
(1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation
improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows:
(a) Within the areas shown as “8 Year Eligible Area” and “12 Year Eligible Area” in Figure 1 of this
chapter, for eight successive years beginning January 1st of the year immediately following the
calendar year of issuance of the certificate. No requirements for affordable housing are required for
an eight-year tax exemption within either of these areas; or
(b) Within the area shown as “12 Year Eligible Area” in Figure 1 of this chapter, for 12 successive
years beginning January 1st of the year immediately following the calendar year of issuance of the
certificate, if the property otherwise qualifies for the exemption under this chapter and meets the
conditions in this subsection. For the property to qualify for the 12-year exemption under this
subsection, the applicant must commit to renting or selling at least 20 percent of the multifamily
housing units as affordable housing units to low- and moderate-income households, and the
property must satisfy that commitment and any additional affordability and income eligibility
conditions adopted by the city under this chapter. In the case of projects intended exclusively for
owner occupancy, the minimum requirement of this subsection may be satisfied solely through
housing affordable to moderate-income households.
(a) For both 8-year and 12-year exemptions, the exemption begins on January 1st of the year
immediately following the calendar year of issuance of the tax exemption certificate.
(i) If calculations for the minimum 20 percent of the multifamily housing units required under this
subsection result in a fraction, then the minimum number of multifamily housing units for affordable
housing shall be rounded up to the next whole number. (moved to Type I)
(b)(ii) In projects granted For 12-year exemptions, the number of residentialhousing units identified
to meet the requirements for an affordable housing component per 3.48.040(1)(c)for households with
low, affordable, or moderate annual income shall continue to be made available to low, affordable, or
moderate households for the length of the exemption period.
(iii) The mix and configuration of housing units (e.g., studio, one-bedroom, two-bedroom) used
to meet the requirement for affordable units under this subsection shall be substantially
proportional to the mix and configuration of the total housing units in the project.
(iv) When a project includes more than one building with multifamily housing units, all of the
affordable housing units required in this subsection must not be located in the same building.
(2) Limits on Exemption. The exemption does not apply:
(a) To the value of land or to the value of non-housing-related improvements not qualifying under
this chapter.
(b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior
to submission of the completed application required under this chapter.
(c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions
of building or other improvements and value of land nor to increases made by lawful order of a
county board of equalization, the Department of Revenue, or Kitsap County, to a class of property
throughout the county or specific area of the county to achieve the uniformity of assessment or
appraisal required by law.
(3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated
housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW.
3.48.0650 Project eligibility.
A proposed multifamily housing project must meet all of the following requirements for consideration
for a property tax exemption:
(1) Location. The project must be located within a residential targeted area as provided defined in POMC
3.48.0430.
(2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of
structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not
vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and
a reasonable opportunity to relocate.
(3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to
comply with one or more standards of the applicable state or city building codes.
(4) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a
minimum of 50 percent of the space (excluding structured parking) for permanent residential
occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include
at least 10 units of multifamily housing within a residential structure or as part of an urban
development. In the case of existing multifamily housing that is occupied or which has not been vacant
for 12 months or more, the multifamily housing project must also provide for a minimum of four
additional multifamily units for a total project of at least 10 units including the four additional units.
Existing multifamily housing that has been vacant for 12 months or more does not have to provide
additional units.
(5) Proposed Completion Date. New construction of multifamily housing and rehabilitation
improvements must be completed within three years from the date of approval of the application.
(6) Compliance with Guidelines and Standards. The project must be designed to comply with the city’s
comprehensive plan, building, housing, and zoning codes, and any other applicable regulations. The
project must also comply with any other standards and guidelines adopted by the city council for the
residential targeted area. (moved to 3.48.040
3.48.0760 Application procedure.
A property owner who wishes to propose a project for a tax exemption shall complete the following
procedures:
(1) The exemption application provided by the city shall be completed and filed with the department
prior to issuance of a building permit for the project. The completed application shall be accompanied
by the application fee as authorized by RCW 84.14.080 and as set forth in the city’s current fee
resolution.
(2) The exemption application shall contain and require such information as deemed necessary by the
director, including:
(a) A brief written description of the project, including timing and construction schedule, setting
forth the grounds for the exemption.
(b) Floor and site plans of the proposed project, which may be revised by the owner, provided such
revisions are made and presented to the director prior to the city’s final action on the exemption
application.
(c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect
identifying property noncompliance with current building codes. This report shall identify specific
code violations and must include supporting data that satisfactorily explains and proves the
presence of a violation. Supporting data must include a narrative and such graphic materials as
needed to support this application. Graphic materials may include, but are not limited to, building
plans, building details, and photographs.
(d) If applying for a 12-year exemption, it shall include information describing how the applicant will
comply with the affordability requirements set forth in POMC 3.48.040(1)(cb).
(e) A statement from the owner acknowledging the potential tax liability when the project ceases to
be eligible under this chapter.
(f) An affidavit signed by the owner stating the occupancy record of the property for a period of 12
months prior to filing the application.
(g) Verification of the correctness of the information submitted by the owner’s signature and
affirmation made under penalty of perjury under the laws of the state of Washington.
3.48.0870 Application review – Issuance of conditional certificate – Denial – Appeal.
(1) Director’s Decision. The director may certify as eligible an application which is determined to comply
with all applicable requirements of this chapter. A decision to approve or deny an application shall be
made within 90 calendar days of receipt of a complete application.
(2) Approval of Application – Contract Required. If an application is approved, the applicant shall enter
into a contract with the city, regarding the terms and conditions of implementation of the project, and
pursuant to the following:
(a) The contract shall be subject to approval by the city council, in the form of a resolution,
regarding the terms and conditions of the project and eligibility for exemption under this chapter.
This contract shall be a covenant running with the land and shall be binding on the assigns, heirs,
and successors of the applicant.
(b) For any development project including owner-occupied units, the contract with the city shall
also require that an owners’ association organized under RCW 64.34.300 be formed for all owner-
occupied units within the development, for at least the length of the exemption period granted, to
assume the responsibility for collecting from all individual unit owners the information and
documents required to complete the annual reporting requirements and for filing the required
annual report with the city for each of the individual homeowners pursuant to POMC 3.48.1210.
(c) Amendment of Contract. Within three years of the date from the city council’s approval of the
contract, an owner may request an amendment(s) to the contract by submitting a request in writing
to the director. The fee for an amendment is as set forth in the city’s current fee resolution. The
director shall have authority to approve minor changes to the contract that are reasonably within
the scope and intent of the contract approved by the city council, as solely determined by the
director. Amendments that are not reasonably within the scope and intent of the approved
contract, as solely determined by the director, shall be submitted to the city council for review and
approval. The date for expiration of the conditional certificate shall not be extended by contract
amendment unless all the conditions for extension set forth in POMC 3.48.0980 are met.
(3) Issuance of Conditional Certificate. Upon city council approval of the contract required under
subsection (2) of this section, the director shall issue a conditional certificate of acceptance of tax
exemption. The conditional certificate shall expire three years from the date of city council approval
unless an extension is granted as provided in this chapter.
(4) Denial of Application. If an application is denied, the director shall state in writing the reasons for
denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar
days of issuance of the denial.
(5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30 calendar
days of receipt of the denial by filing a complete appeal application and fee, as set forth in the city’s
current fee resolution, with the director. The appeal before the city council will be based on the record
made before the director. The director’s decision shall be upheld unless the applicant can show that
there is no substantial evidence on the record to support the director’s decision. The city council’s
decision on appeal will be final.
3.48.0980 Extension of conditional certificate.
(1) Extension. The conditional certificate and time for completion of the project may be extended by the
director for a period not to exceed a total of 24 consecutive months. To obtain an extension, the
applicant must submit a written request with a fee, as set forth in the city’s current fee resolution,
stating the grounds for the extension. An extension may be granted if the director determines that:
(a) The anticipated failure to complete construction or rehabilitation within the required time
period is due to circumstances beyond the control of the owner; provided, that financial hardship,
regardless of the cause or reason, shall not be considered by the director as a circumstance beyond
the control of the owner in order to grant an extension;
(b) The owner has been acting and could reasonably be expected to continue to act in good faith
and with due diligence; and
(c) All the conditions of the original contract (and as amended) between the applicant and the city
will be satisfied upon completion of the project.
(2) Denial of Extension. If an extension is denied, the director shall state in writing the reason for denial
and shall send notice to the applicant’s last known address within 10 calendar days of issuance of the
denial.
(3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within 14
calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the
director. The appeal before the hearing examiner shall be processed as a closed record hearing. No
appeal to the city council is provided from the hearing examiner’s decision.
3.48.100090 Application for final certificate.
Upon completion of the improvements agreed upon in the contract between the applicant and the city
and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a
final certificate of tax exemption by filing with the director such information as the director may deem
necessary or useful to evaluate the eligibility for the final certificate, including the following:
(1) A statement of expenditures made with respect to each multifamily housing unit and the total
expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date;
(4) A statement that the work was completed within the required three-year period or any authorized
extension;
(5) If a 12-year exemption, information on the applicant’s compliance with the affordability
requirements of this chapter; and
(6) Any additional information requested by the city pursuant to meeting any reporting requirements
under Chapter 84.14 RCW.
3.48.1100 Issuance of final certificate.
(1) Director’s Decision. Within 30 calendar days of receipt of all materials required for a final certificate,
the director shall determine whether the specific improvements satisfy the requirements of the
contract, application, and this chapter.
(2) Granting of Final Certificate. If the director determines that the project has been completed in
accordance with this chapter and the contract between the applicant and the city, and has been
completed within the authorized time period, the city shall, within 10 calendar days of the expiration of
the 30-day review period above, file a final certificate of tax exemption with the Kitsap County assessor.
The director is authorized to cause to be recorded, at the owner’s expense, in the real property records
of the Kitsap County department of records, the contract with the city, as amended if applicable, and
such other document(s) as will identify such terms and conditions of eligibility for exemption under this
chapter as the director deems appropriate for recording, including requirements under this chapter
relating to affordability of units.
(3) Denial of Final Certificate. The director shall notify the applicant in writing that a final certificate will
not be filed if the director determines that:
(a) The improvements were not completed within the authorized time period;
(b) The improvements were not completed in accordance with the contract between the applicant
and the city; or
(c) The owner’s property is otherwise not qualified under this chapter.
(4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within 14
calendar days of issuance of the denial of a final certificate by filing a complete appeal application and
appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed
record hearing. No appeal to the city council is provided from the hearing examiner’s decision.
3.48.12010 Annual compliance review – Reporting.
(1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of tax
exemption and each year for the tax exemption period, the property owner shall be required to file a
notarized declaration with the director indicating the following:
(a) A statement of occupancy and vacancy of the multifamily units during the previous 12 months;
(b) A certification by the owner that the property has not changed use and continues to be in
compliance with the contract with the city and the applicable requirements of this chapter;
(c) A description of changes or improvements to the property made after the city’s issuance of the
final certificate of tax exemption;
(d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each
unit sold during the 12 months ending with the anniversary date;
(e) A breakdown of the number, type, and specific multifamily housing units rented or sold during
the 12 months ending with the anniversary date;
(f) If granted a 12-year exemption, information demonstrating the owner’s compliance with the
affordability requirements of this chapter, including, but not limited to, the income of each renter
household at the time of initial occupancy or the income of each purchaser of owner-occupied units
at the time of purchase;
(g) The value of the tax exemption for the project; and
(h) Any additional information requested by the city pursuant to meeting any reporting
requirements under Chapter 84.14 RCW.
(2) City staff may also conduct on-site verification of the declaration and reporting required under this
section. Failure to submit the annual declaration and report may result in cancellation of the tax
exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110.
(3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall submit
the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each
year.
3.48.13020 Cancellation of tax exemption.
(1) The director may cancel a tax exemption on a property if he/she determines any of the following:
(a) The owner is not complying with the terms of the contract or this chapter;
(b) The use of the property is changed or will be changed to a use that is other than residential;
(c) The project violates applicable zoning requirements, land use regulations, building, or fire code
requirements; or
(d) The owner fails to submit the annual declaration and report specified in POMC 3.48.1210.
(2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the
director and the Kitsap County assessor in writing within 60 calendar days of the change in use.
(3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has
been determined.
(4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on
the property, and a priority lien may be placed on the land, pursuant to state law.
(5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW
84.14.110(2), the director shall notify the owner by mail, return receipt requested.
(6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the hearing
examiner by filing a notice of appeal and appeal fee with the city clerk within 30 calendar days of the
date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall
be heard by the hearing examiner as a closed record hearing. No appeal to the city council is provided
from the hearing examiner’s decision.
3.48.14030 Conflict of provisions.
If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently
adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this
chapter.
Chapter 3.48
MULTIFAMILY PROPERTY TAX EXEMPTION
REVISED - CLEAN
Sections:
3.48.010 Purpose.
3.48.020 Definitions.
3.48.030 Residential targeted areas – Criteria – Designation.
3.48.040 Residential targeted areas – Types 1 through 3
3.48.040 Terms of the tax exemption.
3.48.050 Project eligibility.
3.48.060 Application procedure.
3.48.070 Application review – Issuance of conditional certificate – Denial – Appeal.
3.48.080 Extension of conditional certificate.
3.48.090 Application for final certificate.
3.48.100 Issuance of final certificate.
3.48.110 Annual compliance review – Reporting.
3.48.120 Cancellation of tax exemption.
3.48.130 Conflict of provisions.
3.48.010 Purpose.
As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from
ad valorem property taxation for multifamily housing in designated residential targeted areas to:
(1) Encourage increased residential opportunities, including affordable housing units, within areas of the
city designated by the city council as residential targeted areas; and/or
(2) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for
multifamily housing in designated residential targeted areas to increase and improve housing
opportunities, including affordable housing; and
(3) Accomplish the planning goals required under the Growth Management Act, Chapter 36.70A RCW, as
implemented by the city’s comprehensive plan.
3.48.020 Definitions.
When used in this chapter, the following terms shall have the following meanings, unless the context
indicates otherwise:
(1) “Affordable housing” means the definition provided for in RCW 84.14.010.
(2) “Department” means the city department of community development.
(3) “Director” means the director of the department of community development, or designee.
(4) “Fair market rent” means the federal department of housing and urban development’s estimate of
what a household seeking a modest rental home in a short amount of time can expect to pay for rent
and utilities in the current market, as updated annually.
(5) “Household” means the definition provided for in RCW 84.14.010.
(6) “Median family income” means the median family income for the Bremerton-Silverdale Metropolitan
Statistical Area, as calculated by the federal department of housing and urban development and
updated annually.
(7) “Mixed-use development” means a mix of residential and commercial development, either in the
same building or in separate buildings on a site, and involving one or more building types, as permitted
by the city’s comprehensive plan, zoning (including any overlay districts), and design regulations.
(8) “Multifamily housing” (for the purposes of this chapter) means a building having 10 or more dwelling
units not designed or used as transient accommodations and not including hotels and motels.
Multifamily units may result from new construction or rehabilitated or conversion of vacant,
underutilized, or substandard buildings to multifamily housing.
(9) “Owner” means the definition provided for in RCW 84.14.010.
(10) “Permanent residential occupancy” means the definition provided for in RCW 84.14.010.
(11) “Rehabilitation improvements” means the definition provided for in RCW 84.14.010.
(12) “Residential targeted area” means the definition provided for in RCW 84.14.010 and the area(s)
that have been so designated by the city council pursuant to this chapter.
(13) “Substantial compliance” means the definition provided for in RCW 84.14.010.
(14) “Urban center” means the definition provided for in RCW 84.14.010.
3.48.030 Residential targeted areas – Criteria – Designation.
(1) Following notice and public hearing as prescribed in RCW 84.14.040 of the city council’s intention of
designating a residential targeted area, the city council may, in its sole discretion, designate one or more
residential targeted areas. Each residential targeted area must meet the following criteria, as
determined by the city council:
(a) The area is within an urban center as designated in the City’s Comprehensive Plan (as a regional,
countywide, or local center);
(b) The area lacks sufficient available, desirable, and convenient residential housing, including
affordable housing, to meet the needs of the public who would be likely to live in the urban center
if affordable, desirable, attractive, and livable residences were available; and
(c) Providing additional housing opportunities, including affordable housing, in the area will assist in
achieving one or more of the purposes of this chapter.
(2) In designating a residential targeted area, the city council may also consider other factors including,
but not limited to:
(a) Additional housing, including affordable housing units, in the residential targeted area will
attract and maintain an increase in the number of permanent residents;
(b) An increased permanent residential population in the residential targeted area will help to
achieve the planning goals mandated by the Growth Management Act under Chapter 36.70A RCW,
as implemented through the city’s current and future comprehensive plans;
(c) Encouraging additional housing in the residential targeted area is consistent with public
transportation plans; or
(d) Additional housing may contribute to revitalization of a distressed neighborhood or area within
the city.
(3) At any time the city council may, by resolution, and in its sole discretion, amend or rescind the
designation of a residential targeted area pursuant to the same procedural requirements as set forth in
this chapter for original designation.
3.48.040 Designated residential targeted areas – Types 1 through 3.
In accordance with section 3.48.030, the City Council has designated three types of designated
residential targeted areas, as provided below and as shown on Figures 1 through 3. The maps in Figures
1 through 3 are provided for planning purposes only, and all development that is proposed to qualify for
tax exemption within these areas must meet the criteria of this chapter, as well as all other relevant City
standards, including but not limited to: the comprehensive plan, zoning code, building code, public
works standards, critical areas regulations and the shoreline master program. The project must also
comply with any other standards and guidelines adopted by the city council for the specific residential
targeted area.
(1) Type 1: Affordable Housing with Transit Access.
(a) As shown on Figure 1, the Type 1 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are zoned for multifamily (including mixed use) development
within one-half mile of a transit route or ferry terminal. If more than 75% of the buildable portions of
the property area are located more than one-half mile from a transit route or ferry terminal, the
property is not eligible for inclusion on the Figure 1 map.
(b) Residential development in a Type 1 residential targeted area is eligible to be considered for 12-
year tax exemption.
(c) An affordable housing component is required:
1. A minimum of 20 percent of all residential units in the development shall be rented for at least
10 percent below fair market rent for 12 years, to tenants whose household annual income is:
• At or below 40% of median family income, for housing units in congregate
residences or small efficiency dwelling units;
• At or below 65% of median family income for one-bedroom units;
• At or below 75% of median family income for two-bedroom units; and
• At or below 80% of median family income for three-bedroom and larger units.
2. If calculations for the minimum 20 percent of the residential units required under 1. of this subsection
result in a fraction, then the minimum number of residential units required to meet the affordable
housing requirement shall be rounded up to the next whole number.
Figure 1: Type 1 Tax Exemption Map
(2) Type 2: Redevelopment Areas.
(a) As shown on Figure 2, the Type 2 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are encouraged to redevelop with multifamily or mixed-use
development. These include parcels that: (1) have abandoned buildings (vacant or unused for more than
two years); underutilized buildings (50% or more vacancy for more than two years); or (3) contain
existing structures and improvements with an assessed building value to land ratio of 2:1 or more.
(b) Residential development in a Type 2 residential targeted area is eligible to be considered for 8-
year tax exemption.
(c) No affordable housing component is required.
(d) For certain parcels, rezoning may be required for multifamily or mixed-use development.
Figure 2: Type 2 Tax Exemption Map
(3) Type 3: Mixed-Use Development with Structured Parking and/or Transfer of Development Rights.
(a) As shown on Figure 3, the Type 3 residential targeted area is limited to parcels within centers
designated in the comprehensive plan that are zoned for multifamily (including mixed-use)
development.
(b) Residential development in a Type 3 residential targeted area is eligible to be considered for an
8-year tax exemption.
(c) No affordable housing component is required.
(d) The proposed development shall include at least one of the following:
1. At least 50% of the required parking for the proposed use(s) shall be located within the
footprint of a building containing multifamily units, in a multistory parking structure, and/or
below grade; and the project should achieve at least 50 units per net developable acre
(excluding critical areas and buffers, and other land that is undevelopable such as shoreline
buffers and tidelands).
2. Construct mixed-use shopfront building type development (refer to POMC 20.32) containing
non-residential/non-parking garage square footage that measures at least 40% of the total
building footprint square footage for all buildings on the development site. The non-
residential/non-parking garage square footage may be in one or more buildings on the site.
Live-work units shall be considered as non-residential square footage for the purpose of
achieving the required 40% minimum, provided that the units are designed as shopfronts
along a public street.
3. Purchase one additional story of building height for one or more buildings through the city’s
transfer of development rights (TDR) program (refer to POMC 20.41) and construct (a)
building(s) that utilizes the additional height allowance.
Figure 3: Type 3 Tax Exemption Map
3.48.050 Terms of the tax exemption.
(1) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation
improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows:
(a) For both 8-year and 12-year exemptions, the exemption begins on January 1st of the year
immediately following the calendar year of issuance of the tax exemption certificate.
(b) For 12-year exemptions, the number of residential units identified to meet the requirements for
an affordable housing component per 3.48.040(1)(c) shall continue to be made available for the length
of the exemption period.
(iii) The mix and configuration of housing units (e.g., studio, one-bedroom, two-bedroom) used
to meet the requirement for affordable units shall be substantially proportional to the mix and
configuration of the total housing units in the project.
(iv) When a project includes more than one building with multifamily housing units, all of the
affordable housing units required in this subsection must not be located in the same building.
(2) Limits on Exemption. The exemption does not apply:
(a) To the value of land or to the value of non-housing-related improvements not qualifying under
this chapter.
(b) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior
to submission of the completed application required under this chapter.
(c) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions
of building or other improvements and value of land nor to increases made by lawful order of a
county board of equalization, the Department of Revenue, or Kitsap County, to a class of property
throughout the county or specific area of the county to achieve the uniformity of assessment or
appraisal required by law.
(3) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated
housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW.
3.48.060 Project eligibility.
A proposed multifamily housing project must meet all of the following requirements for consideration
for a property tax exemption:
(1) Location. The project must be located within a residential targeted area as provided in POMC
3.48.040.
(2) Tenant Displacement Prohibited. The project must not displace existing residential tenants of
structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not
vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and
a reasonable opportunity to relocate.
(3) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to
comply with one or more standards of the applicable state or city building codes.
(4) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a
minimum of 50 percent of the space (excluding structured parking) for permanent residential
occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include
at least 10 units of multifamily housing within a residential structure or as part of an urban
development. In the case of existing multifamily housing that is occupied or which has not been vacant
for 12 months or more, the multifamily housing project must also provide for a minimum of four
additional multifamily units for a total project of at least 10 units including the four additional units.
Existing multifamily housing that has been vacant for 12 months or more does not have to provide
additional units.
(5) Proposed Completion Date. New construction of multifamily housing and rehabilitation
improvements must be completed within three years from the date of approval of the application.
3.48.070 Application procedure.
A property owner who wishes to propose a project for a tax exemption shall complete the following
procedures:
(1) The exemption application provided by the city shall be completed and filed with the department
prior to issuance of a building permit for the project. The completed application shall be accompanied
by the application fee as authorized by RCW 84.14.080 and as set forth in the city’s current fee
resolution.
(2) The exemption application shall contain and require such information as deemed necessary by the
director, including:
(a) A brief written description of the project, including timing and construction schedule, setting
forth the grounds for the exemption.
(b) Floor and site plans of the proposed project, which may be revised by the owner, provided such
revisions are made and presented to the director prior to the city’s final action on the exemption
application.
(c) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect
identifying property noncompliance with current building codes. This report shall identify specific
code violations and must include supporting data that satisfactorily explains and proves the
presence of a violation. Supporting data must include a narrative and such graphic materials as
needed to support this application. Graphic materials may include, but are not limited to, building
plans, building details, and photographs.
(d) If applying for a 12-year exemption, it shall include information describing how the applicant will
comply with the affordability requirements set forth in POMC 3.48.040(1)(c).
(e) A statement from the owner acknowledging the potential tax liability when the project ceases to
be eligible under this chapter.
(f) An affidavit signed by the owner stating the occupancy record of the property for a period of 12
months prior to filing the application.
(g) Verification of the correctness of the information submitted by the owner’s signature and
affirmation made under penalty of perjury under the laws of the state of Washington.
3.48.080 Application review – Issuance of conditional certificate – Denial – Appeal.
(1) Director’s Decision. The director may certify as eligible an application which is determined to comply
with all applicable requirements of this chapter. A decision to approve or deny an application shall be
made within 90 calendar days of receipt of a complete application.
(2) Approval of Application – Contract Required. If an application is approved, the applicant shall enter
into a contract with the city, regarding the terms and conditions of implementation of the project, and
pursuant to the following:
(a) The contract shall be subject to approval by the city council, in the form of a resolution,
regarding the terms and conditions of the project and eligibility for exemption under this chapter.
This contract shall be a covenant running with the land and shall be binding on the assigns, heirs,
and successors of the applicant.
(b) For any development project including owner-occupied units, the contract with the city shall
also require that an owners’ association organized under RCW 64.34.300 be formed for all owner-
occupied units within the development, for at least the length of the exemption period granted, to
assume the responsibility for collecting from all individual unit owners the information and
documents required to complete the annual reporting requirements and for filing the required
annual report with the city for each of the individual homeowners pursuant to POMC 3.48.120.
(c) Amendment of Contract. Within three years of the date from the city council’s approval of the
contract, an owner may request an amendment(s) to the contract by submitting a request in writing
to the director. The fee for an amendment is as set forth in the city’s current fee resolution. The
director shall have authority to approve minor changes to the contract that are reasonably within
the scope and intent of the contract approved by the city council, as solely determined by the
director. Amendments that are not reasonably within the scope and intent of the approved
contract, as solely determined by the director, shall be submitted to the city council for review and
approval. The date for expiration of the conditional certificate shall not be extended by contract
amendment unless all the conditions for extension set forth in POMC 3.48.090 are met.
(3) Issuance of Conditional Certificate. Upon city council approval of the contract required under
subsection (2) of this section, the director shall issue a conditional certificate of acceptance of tax
exemption. The conditional certificate shall expire three years from the date of city council approval
unless an extension is granted as provided in this chapter.
(4) Denial of Application. If an application is denied, the director shall state in writing the reasons for
denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar
days of issuance of the denial.
(5) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the city council within 30 calendar
days of receipt of the denial by filing a complete appeal application and fee, as set forth in the city’s
current fee resolution, with the director. The appeal before the city council will be based on the record
made before the director. The director’s decision shall be upheld unless the applicant can show that
there is no substantial evidence on the record to support the director’s decision. The city council’s
decision on appeal will be final.
3.48.090 Extension of conditional certificate.
(1) Extension. The conditional certificate and time for completion of the project may be extended by the
director for a period not to exceed a total of 24 consecutive months. To obtain an extension, the
applicant must submit a written request with a fee, as set forth in the city’s current fee resolution,
stating the grounds for the extension. An extension may be granted if the director determines that:
(a) The anticipated failure to complete construction or rehabilitation within the required time
period is due to circumstances beyond the control of the owner; provided, that financial hardship,
regardless of the cause or reason, shall not be considered by the director as a circumstance beyond
the control of the owner in order to grant an extension;
(b) The owner has been acting and could reasonably be expected to continue to act in good faith
and with due diligence; and
(c) All the conditions of the original contract (and as amended) between the applicant and the city
will be satisfied upon completion of the project.
(2) Denial of Extension. If an extension is denied, the director shall state in writing the reason for denial
and shall send notice to the applicant’s last known address within 10 calendar days of issuance of the
denial.
(3) Appeal. An applicant may appeal the denial of an extension to the hearing examiner within 14
calendar days of receipt of the denial by filing a complete appeal application and appeal fee with the
director. The appeal before the hearing examiner shall be processed as a closed record hearing. No
appeal to the city council is provided from the hearing examiner’s decision.
3.48.100 Application for final certificate.
Upon completion of the improvements agreed upon in the contract between the applicant and the city
and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a
final certificate of tax exemption by filing with the director such information as the director may deem
necessary or useful to evaluate the eligibility for the final certificate, including the following:
(1) A statement of expenditures made with respect to each multifamily housing unit and the total
expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date;
(4) A statement that the work was completed within the required three-year period or any authorized
extension;
(5) If a 12-year exemption, information on the applicant’s compliance with the affordability
requirements of this chapter; and
(6) Any additional information requested by the city pursuant to meeting any reporting requirements
under Chapter 84.14 RCW.
3.48.110 Issuance of final certificate.
(1) Director’s Decision. Within 30 calendar days of receipt of all materials required for a final certificate,
the director shall determine whether the specific improvements satisfy the requirements of the
contract, application, and this chapter.
(2) Granting of Final Certificate. If the director determines that the project has been completed in
accordance with this chapter and the contract between the applicant and the city, and has been
completed within the authorized time period, the city shall, within 10 calendar days of the expiration of
the 30-day review period above, file a final certificate of tax exemption with the Kitsap County assessor.
The director is authorized to cause to be recorded, at the owner’s expense, in the real property records
of the Kitsap County department of records, the contract with the city, as amended if applicable, and
such other document(s) as will identify such terms and conditions of eligibility for exemption under this
chapter as the director deems appropriate for recording, including requirements under this chapter
relating to affordability of units.
(3) Denial of Final Certificate. The director shall notify the applicant in writing that a final certificate will
not be filed if the director determines that:
(a) The improvements were not completed within the authorized time period;
(b) The improvements were not completed in accordance with the contract between the applicant
and the city; or
(c) The owner’s property is otherwise not qualified under this chapter.
(4) Appeal. An applicant may appeal a denial of a final certificate to the hearing examiner within 14
calendar days of issuance of the denial of a final certificate by filing a complete appeal application and
appeal fee with the director. The appeal before the hearing examiner shall be processed as a closed
record hearing. No appeal to the city council is provided from the hearing examiner’s decision.
3.48.120 Annual compliance review – Reporting.
(1) Within 30 calendar days after the first anniversary of the date of filing the final certificate of tax
exemption and each year for the tax exemption period, the property owner shall be required to file a
notarized declaration with the director indicating the following:
(a) A statement of occupancy and vacancy of the multifamily units during the previous 12 months;
(b) A certification by the owner that the property has not changed use and continues to be in
compliance with the contract with the city and the applicable requirements of this chapter;
(c) A description of changes or improvements to the property made after the city’s issuance of the
final certificate of tax exemption;
(d) The total monthly rent of each multifamily housing unit rented or the total sale amount of each
unit sold during the 12 months ending with the anniversary date;
(e) A breakdown of the number, type, and specific multifamily housing units rented or sold during
the 12 months ending with the anniversary date;
(f) If granted a 12-year exemption, information demonstrating the owner’s compliance with the
affordability requirements of this chapter, including, but not limited to, the income of each renter
household at the time of initial occupancy or the income of each purchaser of owner-occupied units
at the time of purchase;
(g) The value of the tax exemption for the project; and
(h) Any additional information requested by the city pursuant to meeting any reporting
requirements under Chapter 84.14 RCW.
(2) City staff may also conduct on-site verification of the declaration and reporting required under this
section. Failure to submit the annual declaration and report may result in cancellation of the tax
exemption pursuant to this chapter and shall result in a review of the exemption per RCW 84.14.110.
(3) If the city issues final tax exemption certificates pursuant to this chapter, the director shall submit
the report required by RCW 84.14.100 to the state Department of Commerce by December 31st of each
year.
3.48.130 Cancellation of tax exemption.
(1) The director may cancel a tax exemption on a property if he/she determines any of the following:
(a) The owner is not complying with the terms of the contract or this chapter;
(b) The use of the property is changed or will be changed to a use that is other than residential;
(c) The project violates applicable zoning requirements, land use regulations, building, or fire code
requirements; or
(d) The owner fails to submit the annual declaration and report specified in POMC 3.48.120.
(2) If the owner intends to convert the multifamily housing to another use, the owner shall notify the
director and the Kitsap County assessor in writing within 60 calendar days of the change in use.
(3) Cancellation may occur in conjunction with the annual review or at any such time noncompliance has
been determined.
(4) Upon cancellation of the tax exemption, additional taxes, interest, and penalties shall be imposed on
the property, and a priority lien may be placed on the land, pursuant to state law.
(5) Notice of Cancellation. Upon determining that a tax exemption is to be canceled, pursuant to RCW
84.14.110(2), the director shall notify the owner by mail, return receipt requested.
(6) Appeal of Cancellation. The owner may appeal the determination of cancellation to the hearing
examiner by filing a notice of appeal and appeal fee with the city clerk within 30 calendar days of the
date of the notice of cancellation, specifying the factual and legal basis for the appeal. The appeal shall
be heard by the hearing examiner as a closed record hearing. No appeal to the city council is provided
from the hearing examiner’s decision.
3.48.140 Conflict of provisions.
If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, as currently
adopted or hereafter amended, the provisions of Chapter 84.14 RCW shall apply as if set forth in this
chapter.