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039-19 - Ordinance - Amending the Six-Month Moratorium for Acceptance and Processing of Building PermitsoRDTNANCE NO. 039-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTED PURSUANT TO RCW 35A.63.220 AND RCW 35.70A.390; AMENDING THE TEMPORARY SIX.MONTH MORATOR UM THAT WAS ADOPTED UNDER ORDINANCE NO. O2O-19.A, AMENDING SECTIONS 3 AND 4 OF THAT ORDINANCE TO ALLOW FOR THE ACCEPTANCE AND PROCESSING OF BUILDING PERMITS UNDER CERTAIN CONDITIONS BUT MA NTAIN NG THE MORATORIUM ON THE ISSUANCE OF SUCH PERM TS lN THE 580 & 650 WATER ZONES OF PORT ORCHARD; AND ESTABLISH NG AN EFFECT VE DATE. WHEREAS, the City Council adopted the emergency moratorium under Ordinance No. 020-19 on June 11,,2Ot9, which established a six-month moratorium on the acceptance of certain development in the 580 & 660 water zones of Port Orchard; and WHEREAS, in accordance with State law, a public hearing on the adoption of Ordinance No. 020-19 was held on July 23,2019, which is less than 60 days after the adoption of Ordina nce No. 020-19; a nd WHEREAS, the City Council desired to reaffirm Ordinance No.020-19 and amend it by adopting an updated Ordinance No. 020-19-A to add findings of fact based on additional information obtained by the City, information provided to the City by interested parties, and after conducting the public hearing; and WHEREAS, the City has been working with multiple parties in order to solve the infrastructure issues that !ed to the imposition of the moratorium and it is expected that the moratorium established under Ordinance No. 020-19-A will be lifted prior to its expiration date; and WHEREAS, there are many potential applicants that are waiting for the lifting of the moratorium in order to submit building permits; and WHEREAS, McCormick Communities has requested that the City allow the submittal and processing of building permit applications during the moratorium period with the agreement that such permits not issue until and unless the moratorium has been lifted; and WHEREAS, in order to speed the issuance process of such permits after the lifting of the moratorium, the City Council deems it in the best interest of the City to modify the moratorium to allow the submittal and processing of applications for any applicant that agrees to waive the processing time periods and who acknowledges that the submittal of a building permit Ordinance No. 039-19 Page 2 of 5 application does not guarantee issuance of the permit until such time as the moratorium has been lifted; now, therefore THE C TY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N AS FOLLOWS: Section 1. Amendment of Ordinance No.020-19-A 53. Section 3 of Ordinance No. 020-19-A is hereby amended to read as follows: Section 3. Effect on Vested Rights. The moratorium imposed under Section 2 of this ordinance shall apply prospectively only, and shall operate to prevent the acceptance of Permit Applications submitted after the effective date of this ordinance, except as provided this ordinance. Nothing in this ordinance shall be construed to extinguish, limit, or otherwise infringe on any permit applicant's vested development rights as defined by state law and City of Port Orchard regulations, provided that such a permit applicant has filed a complete Permit Application before the effective date of this ordinance. Section 2. Amendment of Ordinance No.020-19-A I A. A new subparagraph 9 is hereby added to Section 4 of Ordinance No. 020-19-A to read as follows: Section 4. Exc usions. The provisions of this moratorium shall not apply to any Permit Applications or projects that are specifically excluded by the Exclusions set forth in this ordinance. These Exclusions, unless expressly modified by the City Council, are specifically limited to: 1,. "Legislative Approvals" and "Quasi-Judicial Decisions by City Council" (i.e. Type lV and V decisions) as identified on Table 2O.22.O20 of POMC 20.22 for projects that are already vested. 2. Permits and approvals that are vested by contract, such as those covered by an approved development Ordinance No. 039-L9 Page 3 of 5 agreement. However, even if a Development Agreement is applicable, applications for building permits in the 580 & 660 zones are subject to this moratorium, unless otherwise exempted by this section. 3. Permits and approvals for additions, alterations, or remodels to existing buildings when such additions, alterations, or remodels do not require additional water capacity. 4. Permits and approvals for emergency repairs or construction to protect people or property necessitated by a hazardous event or natural disaster (e.g., geologically unstable slope, fire, flooding, earthquake). 5. Land Disturbing Activity Permits, Stormwater Drainage Permits, and other land use permits and approvals. 6. Permits and approvals for signs. 7. Permits and approvals for emergency medica! and disaster relief facilities. 8. Building permit applications in the 580 & 660 zones that have been submitted prior to the effective date of the moratorium. Ordinance No. 039-L9 Page 4 of 5 Section 3. Author ty of Director. ln addition to the interpretive authority granted in Section 6 of Ordinance No. 020-19-A to the City of Port Orchard Director of Community Development, or designee, the Director or designee is hereby authorized to interpret and implement the exclusions created under Section 4 of Ordinance No. 020-l-9-A, as amended by this Ordinance 039-19. A copy of the draft application implementing this Ordinance is attached as Exhibit A. Section 4. Val dity of Ordinance No. 020-19-A. Except as amended by this Ordinance 039-19, Ordinance No.020-19-A shall remain in full force and effect until either it expires, it is extended by another act of legislation, or until is it dissolved by another act of legislation. Sect on 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circu msta nces. Sect on 5. Publication. consisting of the title. This ordinance shall be published by an approved summary Section 7. Effective Date. This Ordinance shall be effective five days after publication as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8'd day of October ,zOLg. Robert P utaansuu, Mayor ATTEST: Bran City Clerk Ordinance No. 039-19 Page 5 of 5 APPROVED AS TO FORM: nifer ertson, rney for Port Orchard PUBLISHED: EFFECTIVE DATE: October LL,2OL9 October L6,20L9 Crrv or Ponr OncHARn Permit Center Office located at72o Prospect Street Mailing address: z16 Prospect Street Port Orchard, WA 98g66 (S6o) 8Z q- SSgg' permitcenter@ cityofportorchard. us O OR U ES DENTIAL BU LDING PE TAPPLIC ION PLAN REVIEW: (check the box that applies) D Using a previously submitted plan reviewed for McCormick Development. Plan Review #: tr Site-specific plans are included with this application. tr Using a Basic Plan.Plan #:Elevation #: BUILDING TYPE: POMC 20.32.010 tr DETACHED HOUSE tr OTHER: z Required for construction projects with a loan exceeding $5,000. RCW 19.27.095 Lender Name: Lender Address: Office Phone Number: DESIGN GUIOELINES: PoMc 20.739 The design guidelines apply to new construction, additions to existing structures, and projects whose valuation exceeds 50% of the current taxable value of the existing structure What is the current taxable value of the structure? (lnfomation is available frcm County Assessor) $ What is the transparency percentage of the front fagade? POMC 20.139.025(3)(a)o/o COMPLETE ALL INFORMATION BELOW Area Square Footage:Fence or retaining wall Lin. ft. New Remodel Lot size sqft Main Floor Total hard surfaces on site: (structures, driveways, walkways, parking areas, etc., existinq & new)Sqft2nd Floor 3'd Floor Lot coverage (%):% Garage Fence / Retaining Wall Height:Ft., in Deck # of Bedrooms: Basement, unfinished # of Bathrooms. Basement, finished # of Dwelling Units Covered Porch Excavatioh. (other than for basement, footings, andlor utilities)Cu. yd Unfinished storage space Garage 2nd floor or Attic Other:Construction Value*: $ *Use the contract amount; or multiply the mateials cost x 2.Total all areas sq. ft.: McCormick Moratorium Residential Construction PermitApplication-draft Page 1 ol2 AN INCOMPLETE APPLICATION WILL NOT BE ACCEPTED (check the box for each item included with this application) D THE MASTER PERMIT APPLICATION FORM with original signature(s). One Naster covers all applications that are included with this submittal. No additional copies are required. tr THREE TOTAL: The original completed Residential Building Permit Application (this form), plus two copies. tr THREE COPIES: Building plans (Sized so all information is legible; 11" x 17" minimum): tr Must be drawn to scale and show dimensions. tr For additions or remodels, existing and proposed work must be clearly designated. tr THREE COPIES: Elevation drawings (Sized so all information is legible; 11" x 17" minimum): Required for new construction or when there are any exteriot modifications to an existing building. tr Must be drawn to scale and show dimensions. tr Must show grade plane. (See POMC 20.12 for definition of 'grade plane'.) tr Must provide the percent of transparency ofthe front fagade. D TWO COPIES: Structural engineering (plans and calculations) as applicable to your project. tr FOUR COPIES: Site plan, unless waived by the Department. (Sized so all information is legible; 11" x 17" minimum) Use the S,fe Plan Checklist fot a list of all requirements. At a minimum, you must show: tr Property lines and dimensions. tr North arrow and site plan scale. tr Contour lines: every 2'unless slopes exceed 15%; then showevery 5'. E Arrows showing the direction of natural drainage. tr Location, width and length of driveway. tr Distance from all existing and proposed structures in relation to property lines, other structures and any critical areas on site. tr Temporary erosion control measures to be used during construction. D Any grading included in the proposed project not otheMise covered by a separate valid Land Disturbing Activity Permit (LDAP). tr FOUR COPIES: Site P/an Checklist Form #085 unless a site plan is not required. tr ONE COPYi Energy Code Worksheet, for new construction or addition greater than 500 sq. ft. of heated floor area. tr For all permits andror r€views checked on the Master Pemit Application Form: submit the specific application form. lnclude the required documentation and number of copies as listed on the form for each permiureview type. D ONE ELECTRONIC COPY of all submitted materials provided in PDF format. NOTE: electronic copies of building, elevation, and site plans must be scalable when printed 11" x 17". Other documentation may be rcquircd other than what is listed above. I agree to the tems and condifions as set forth in Po Orchard City CounciL Ordinance No. 039-19: and voluntaily agree to the following statements and terms: (a) I submit this application at my own risk with the knowledge that there is a moratoium in place for the zone wherc the propetty for which this permit is sought is located ancl understand that the moratoium prohibits the issuance of any building permits for which a new water connection is requircd duing the moratoium's effective pedN. (b) I voluntarily waive all processing timelines as set for under the Poft Orchard Municipal CNe and State or Federal Law. (c) I understand that there is a moratoium in place in the 5E0 and 660 waler zones and the CW's acceptance of this building pemit application does not guarantee approval or issuance of a pemit until such lme as both the moratoium has been lifted and all permit rcquirements have been met. (d) I knowingly and willingly waive any claims against the Cily of Pott Orchard for time delays or failurc to issue this pemit aN any rclated permits duing the effeclive peiod of the moratoium, or any extension thercof. DATE Authorized Agent Signature x McCormick Moratorium Residential Construction Permit Application-draft Page 2 ol 2 TITLE: Print Name