07/08/2021 - PacketCity of Port Orchard
Land Use Committee
July 8, 2021 4:30 pm
Remote access only
Zoom Link:
https://us02web.zoom.us/j/86535261260?pwd=STZCdlJoeDk2Rm91bnFmbWhWRytUdz09
Meeting ID: 865 3526 1260
Passcode: 586138
Dial-in: 1 253 215 8782
AGENDA
1.State-Required Changes to City Zoning Code – Transitory and Shelter Housing
2.Proposed Change to City Zoning Code – Congregate Living
3.2021 Adopted SMP Periodic Update – Ecology Review and Requested Revisions
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N CARLPICKEL CITY OF PORT ORCHARD 2021 ZONING MAP
One Mile KT City Routes
Kitsap T ransit Routes City
Port Orchard City Boundary
Greenbelt (GB)
Residential 1 (R1)
Residential 2 (R2)
Residential 3 (R3)
Residential 4 (R4)
Residential 6 (R6)
Neighborhood Mixed U se (NMU )
Business Professional Mixed U se (BPMU )
Downtown Mixed U se (DMU )
Gateway Mixed U se (GMU )
Commercial Mixed U se (CMU )
Commercial Corridor (CC)
Commercial Heavy (CH)
L ight Industrial (L I)
Civic and Institutional (CI)
Public Facilities (PF)
Parks and Recreation (PR)
®
0 1,400 2,800 4,200 5,600700 Feet
City of Port Orchard Department of Community Development 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 Fax: (360) 876-4980 www.cityofportorchard.us
T his map was created from existing map sources,not from field surveys. While great care was takenin using the most current map sources available,no warranties of any sort, including accuracy, fitness,or merchantability accompany this product. T he userof this map assumes responsibility for determining its suitability for its intended use. T his map is not a substitute for field survey.
Date Saved: 5/20/2021 3:00:42 PM
City of Port Orchard Official Z oning Map as adoptedby Ordinance 0**-20 on ****, 2020.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Robert Putaansuu, Mayor
AT T EST:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Brandy Rinearson, MMC, City Clerk
APPROV ED AS T O FORM:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Charlotte A. Archer, City Attorney
Sponsored by:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Scott Diener, Councilmember
PU BL ISHED: ***, 2020
EFFECT IV E DAT E: ****, 2020
T he official signed Z oning Map may be viewed at the City Clerk’s office.
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Proposed Definitions in City Zoning Code:
Congregate Living Facilities: A building or part thereof that contains sleeping units where
nontransient residents share bathroom or kitchen facilities, or both. “Nontransient” with
respect to congregate living facility use means occupancy of a sleeping unit for not less than 30
days at a time. Congregate living facilities shall be located in a countywide center as designated
in the City’s Comprehensive Plan, shall be located within a 1/4 mile radius of a transit route,
shall have 24-hour resident management with responsibility for the operations and
maintenance of the facility, and shall not provide medical care or social welfare services onsite.
Emergency Housing: Temporary indoor accommodations for individuals or families who are
homeless or at imminent risk of becoming homeless that is intended to address the basic
health, food, clothing and personal hygiene needs of individuals or families. Emergency housing
may or may not require occupants to enter into a lease or occupancy agreement. [RCW
36.70A.030(9)]
Emergency Shelter: A facility that provides a temporary shelter for individuals or families who
are currently homeless. Emergency shelter may not require occupants to enter into a lease or
an occupancy agreement. Emergency shelter facilities may include day and warming centers
that do not provide overnight accommodations. [RCW 36.70A.030(10]
Permanent Supportive Housing: Subsidized, leased housing with no limit on length of stay that
prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions
practices designed to use lower barriers to entry than would be typical for other subsidized or
unsubsidized rental housing, especially related to rental history, criminal history, and personal
behaviors. Permanent supportive housing is paired with on-site or 24 off-site voluntary services
designed to support a person living with a complex and disabling behavioral health or physical health
condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving
into housing to retain their housing and be a successful tenant in a housing arrangement, improve the
resident's health status, and connect the resident of the housing with community-based health care,
treatment, or employment services. Permanent supportive housing is subject to all of the rights and
responsibilities defined in chapter 59.18 RCW. [RCW 36.70A.030(19)]
Transitional Housing: A facility that provides housing and supportive services to homeless persons or
families for up to two years and that has as its purpose facilitating the movement of homeless persons
and families into independent living. [RCW 84.36.043(2)(c)]
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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
Residential Uses
All household living, as listed below:
Single-family detached (including new
manufactured homes)
P P P -- -- P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600 – 615
Designated manufactured home,
manufactured or mobile home (except for
new designated manufactured homes)
-- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600 – 615
New designated manufactured home P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- --
Two-family -- P P -- -- P -- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600 – 615
Single-family attached (2 units) -- P P -- -- P -- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600 – 615
Single-family attached (3 or 4 units) -- P P P P P -- P P P P P P P -- P -- -- -- -- -- 20.39.600 – 615
Single-family attached (5 or 6 units) -- -- P P P P -- P P P P P P P -- P -- -- -- -- -- 20.39.600 – 615
Multifamily (3 or 4 units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600 – 615
Multifamily (5 or more units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600 – 615
Manufactured or mobile home park -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600 – 615
Boarding house -- -- -- C C -- -- -- C -- -- P C -- -- -- -- -- -- -- --
Congregate living facilities -- C C C C -- -- -- C -- -- P C -- -- -- -- -- -- -- --
Lodging house -- -- C C C -- -- -- C -- -- P C -- -- -- -- -- -- -- --
Group home (up to 8 residents), except as
follows:
P P P P P P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600 – 615
Adult family home P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- --
All group living (9 or more residents) -- -- -- C C -- -- P C P C -- P P -- -- -- -- -- -- -- 20.39.610
Social services facilities -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- -- 20.39.615
Emergency Housing C C C C C
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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
Emergency Shelter C C C C C
Permanent Supportive Housing P P P P P P P P P P P P P P P
Transitional Housing C C C C C C C C C C C C C P P
Secured high risk social services facilities -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- -- -- --
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Amici House Conditional Use Permit Request Narrative
Statement Addressing Each Criteria in POMC 20.50.050(1)(a-f)
*** City staff note: Amici House, a proposed congregate living facility for young people, is
located at 902 DeKalb St. This location is within the boundaries of the Downtown Subarea
Plan adopted 6/22/21. The “congregate living” use is currently conditionally permitted only in
the residential zones R3-R5. Amici House originally intended to request a rezone of this
property (now R2) to R3, and then to apply for a conditional use permit (CUP). As of 6/22,
however, Amici House would also have to obtain a Comprehensive Plan amendment as well
as a rezone, because it would amend the land use designation and zoning of the Downtown
Subarea Plan, which is part of the City’s Comp Plan. Amici would not be eligible to apply for a
comp plan amendment until 1/2022, and based on past years, the request would not be
considered by Council until the second half of 2022. The applicant would face extreme
hardship in holding this property for so long without knowing whether it can be used for the
intended purpose. Therefore, they are requesting that, alternatively, the Zoning Code be
revised to allow congregate living as a conditional use in the R2 zone. The applicant prepared
the information below for their CUP submittal, and it is provided to the Land Use committee
as useful background information on the nature of the proposal.**
20.50.050 Criteria for approval.
(1) Hearing Examiner Findings. The hearing examiner shall not grant a conditional use permit
unless the hearing examiner finds that the request meets all of the following criteria and the
hearing examiner makes written findings to that effect:
(a) That the conditional use is consistent with the objectives of the zoning code and the
purpose of the zoning district in which the subject site/property is located;
Port Orchard Municpal Code Sections Residential 2 (R2) and Residential 3 (R3)
20.34.020 Residential 2 (R2).
(1) Intent. The R2 district is primarily intended to accommodate detached house, duplex, and
townhouse development with a minimum lot size that varies based on building type. The R2
district is intended to implement the residential medium density comprehensive plan
designation. Additional building types that are allowed include backyard cottage (detached
accessory dwelling unit), cottage court, duplex and attached house. Uses that would
substantially interfere with the residential nature of the district are not allowed.
20.34.030 Residential 3 (R3).
(1) Intent. The R3 district is intended to accommodate a variety of residential options limited to
three stories in height. The R3 zone should be applied in areas designated as residential medium
density in the Port Orchard comprehensive plan. Uses that would substantially interfere with the
residential nature of the district are not allowed.
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The property is located in a residential zone, R2, within 2 blocks of the downtown core, and
adjacent to the following zones:
1.5 Blocks North: Downtown Mixed Use (DMU)
2 Blocks West: Business Professional Mixed Use (BPMU)
2 Blocks West: Civic and Institutional (CI)
0 Blocks East: Parks and Recreation (adjacent to Clayton Park) (PR)
2 Blocks North: Parks and Recreation (2 blocks downtown waterfront park) (PR)
This building is an attractive 3-story historic Port Orchard building that has been used for
commercial purposes within the R2 zone. This building is not built to be a detached house,
duplex, townhouse, backyard cottage, cottage court, or attached house. There is not a R2 use
for this building within the code. Therefore, a change of zoning is required for use. There are
significant benefits to the surrounding neighborhood and downtown core for this building to be
occupied and not sitting vacant. The proposed Amici House vision utilizes the current building
well, within a consistent zone intent, and with a positive residential use for the neighborhood,
Clayton Park, and downtown. We will show below that it is no longer feasible to be used as a
church building and that it is set up well for a 3-story R3 building consistent with the R2 intent
and R2 stated purpose of medium density on a minimum sized lot, for a residential purpose.
Current 3-Story Building:
The building located at 902 Dekalb Street has 3 full stories.
Floor 1 (2 primary areas):
1. Common area: Entrance, large kitchen, adjacent pantry, 2 bathrooms common area
bathrooms, a fireplace, large common room and dining space, and a large storage space.
2. Private area: Adjacent to the common area, but separated by a thick cement wall, the
mechanical room and hall, is a row of large rooms with large windows, 2 bathrooms,
and storage.
Floor 2 (2 primary areas):
1. Common area: ADA entrance and foyer, stair entrance and foyer, and large sanctuary.
The sanctuary room is surrounded by windows.
2. Private area: Adjacent to the common area, by separated by a wall and hallway is a row
of large rooms with great windows and beautiful views, 2 bathrooms, and a craft
storage room with a counter and sink.
Floor 3 (2 primary areas):
1. Balcony area: This area has a balcony surrounding the sanctuary in a U shape with
windows around the full area. This area is closed off by a door and includes a large
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corner room with 3 large windows, a medium room with 2 large windows, and 2 small
rooms.
2. Private area: Adjacent to the balcony area, separated by a door and adjacent hallway is
a row of large rooms with great windows and beautiful views, 2 bathrooms, and
storage.
Historic Use, Recent Use and Future Use Feasibility:
The 902 Dekalb Building has historically been a residence, convenience store, school house, and
over the most recent decades, a church. The church has great bones, but significant deferred
maintenance (mold, rats, water leakage, failed windows, etc.). The findings of half a decade
working to sell this building to a church, as a church are as follows:
1. Churches want more onsite parking.
2. The sanctuary is too small to accommodate enough donating members in a
congregation to support the maintenance of an older building, pastoral and support
staff salaries, and ministry.
As such the building has been vacant from church use for well over a year, and has had limited
church rental use for the past few years. The previous owner tried for years to sell the building
to another church, but the answer has become clear that this building will no longer be a
church. For much of the last year, the church rented kitchen and dining room on the first floor
of the building to a homeless outreach.
Residential 2 vs. Residential 3
The property is zoned R2 and is most closely defined in the R2 zoning descriptions as a
detached house, however, this building is clearly built in size and layout for a commercial use.
The proposed Amici House use is consistent with the residential purpose of the zoning district
while utilizing the current building. Because of the building size, layout and amenities, there is
no use within the current R2 zone that matches this building.
As described above, this building is 3 stories and more than 10,000 square feet. The layout is
stacked vertically, rather than horizontally, which does not allow for a duplex use under the
code.
The property is located in the urban core of downtown Port Orchard. It is just two blocks up
the hill from the central downtown intersection of Bay Street and Sidney. The Amici House
vision is consistent with the “Connections” focused residential zoning adjacent to the
downtown core as described in the Port Orchard Comprehensive Plan (as described in detail
below in response to POMC 20.50.050(1)(c)).
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Congregate Living Facility (Conditional Use Permit Requirement) vs. Apartment Designation
(Rezone to R3 Only)
The current building is attractive from the outside and fits on the property almost lot line to lot
line. This building is a historic piece of this neighborhood with a storyline in Port Orchard that
begins in the early 1900’s. The building was originally a single family residence and has been
transformed over the years into a convenience store, school, and church. With these
transformations, a wonderful, charming historic building has been formed. The inside is not set
up for a traditional house or apartment complex. There is a large well laid out kitchen, multiple
central bathrooms on each floor, large community and amenity spaces on each floor, and
rooms surrounding these large community spaces. The building is ADA accessible with multiple
exits on each side for fire. The layout is perfect for community living, but does not easily break
out as apartment units. The congregate living facility use is a creative way to use this building,
consistent with the residential nature of the neighborhood, while attractive successful young
adults to Port Orchard, adding to the vibrancy of the neighborhood, filling local businesses and
schools, and otherwise increasing the attractiveness of downtown Port Orchard.
The Amici House vision is to create a community of young adults here in Port Orchard that are
finishing their education and beginning their careers. This building is well situated to provide
affordable housing in a community living environment where young adults can thrive. These 18
– 26 year olds will be immersed in an intentional community with mentorship, structure,
activities, and educational support, while completing their degrees, apprenticeships, and the
like. They will be community focused neighborhood residents who will volunteer their time to
make Port Orchard a more attractive community. This project provides a, neighborhood
positive, residential use for the current building.
This vision fits well into the R2 intent of the neighborhood, but because of the size and layout of
the building, requires a rezone to R3 to be consistent with the POMC. The project falls under
the R3 apartment designation, but because it would not be a traditional apartment building
structure, requires a Congregate Living Facility designation. The POMC does not clearly define
Congregate Living Facilities, so the use requires deferment to the International Building Code
(IBC) definition combined with a Conditional Use Permit to conform to the POMC.
(b) Granting the conditional use will not have a substantively greater adverse effect on
the health, safety or welfare of persons living or working in the area and will not be
substantively more injurious, economically or otherwise, to property or improvements
in the surrounding area than would any use generally permitted in the zone. Among
matters to be considered are traffic flow and control, access to and circulation within
the property, off-street parking and loading, refuse and service area, utilities, screening
and buffering, signs, yards and other open spaces, height, bulk, and location of
structures, location of proposed open space uses, hours and manner of operation, and
noise, lights, dust, odor, fumes, and vibration;
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Effect on Health, Safety and Welfare of Neighbors (including Property Values)
The proposed Amici House use will benefit the health, safety and welfare of those who live and
work in the neighborhood. When we purchased this property April 30, 2021, it was a large
empty building with significant deferred maintenance. A large empty building next to a park, in
a residential neighborhood, adjacent to an urban downtown, breeds problems that decrease
the health and safety standards of the neighborhood, and therefore reduces the value of the
surrounding homes.
As described above, the use of this building as a vibrant church has passed. Over the last year,
the church that owned the building, rented the kitchen and dining area of the building to a
homeless outreach. This use attracted homeless encampments to the property and
neighboring park. We have heard significant complaints from the neighbors surrounding this
building about the homeless people sleeping in cars on the property and camping on the
handicapped ramp and behind the building. This most recent use has brought drug needles,
human waste and other unsafe eventualities to the property.
Because the church use declined, the building also has significant deferred maintenance. We
have cleaned out significant evidence of rats and other pests. Deferred maintenance has led to
mold. Rats and mold are clearly a health hazards for neighbors.
In contrast, the proposed Amici House will be a strong asset to this neighborhood. It will be
clean, well cared for, and provide an attractive group of vibrant caring residents who are
finalizing their education and starting careers in the local community. They will be civic minded
young adults who work hard, volunteer in the community, and will be wonderful neighbors.
Traffic
The city’s traffic engineer is completing a full traffic study. Michael Read, principal of TENW
(Traffic Engineers Northwest), noted that even without discounts for removal of existing Church
use, applying a Student Housing Category from 10th Edition, ITE Trip Generation Manual, would
result in 11 new PM peak hour trips (see attached email and graphic with notes). This level of
traffic use will not adversely affect residential neighbors or those that work in the area.
Access to and Circulation within the Property
There are two primary access points to the property. One on the corner of Harrison and Dekalb
and a second directly off Dekalb adjacent to Clayton Park. Both access points are entered off
the Dekalb side walk along the north side of the building. This proposed use does not change
the entrance points or negatively impact the access to or circulation around the property.
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Parking
We have included a parking study and memo. Fortunately, the block on which this site is
positioned has ample underutilized offsite parking. The existing building at 902 Dekalb Street
was originally built in the early 1900’s. The building extends nearly lot line to lot line on all 4
borders. There are 5 straight-in parking spaces on the west side of the building along Harrison
Street. There is no other feasible onsite space available for additional parking. However, there
is an abundance of parking around the immediate block. There are 10 available straight-in
parking spaces directly across the street from the building entrance on Harrison Street, and 100
additional parallel parking spaces on Harrison, Dekalb, Seattle, and Dwight streets surrounding
the immediate block on which the site sits, totaling 115 onsite or available public parking
spaces on the immediate block.
The on-street parking is significantly underutilized on this block, even during peak hours. The
utilization ranges from 7% to 24% during all hours. At 7% usage 102 parking spaces are
available on the block and at 24% there are 84 unused spaces. There are 12 straight-in parking
spaces directly across the street on Harrison that are separated from the adjacent residence by
a retaining wall and high fence. Two of these spaces are used regularly by the adjacent
property, so 10 straight-in spaces are available to the public. We have attached a parking
study, map and memo for additional context.
Refuse and Service Area
The garbage cans will be stored under the handicapped ramp on the northeast corner of the
building along Dekalb Street. There is plenty of height and space for garbage and recycle bins
behind a nice quality, attractive wooden door. The bins will not be visible from the street and
will be easily accessible to residents. The building manager will move the bins to the curb for
pick up and then return them to the storage area. We have attached a picture of the space in
its current state for your reference. During renovation, the handicapped ramp will be rebuilt
for safety purposes and the refuse area will be cleaned up and renovated as well through that
project.
Utilities
This use should not affect any surrounding property owners from a utilities stand point. The
infrastructure built into the property for historic uses is similar in magnitude to this proposed
use, although the Amici House use will be spread out through out the week rather than
concentrated to large weekly events.
Screening and Buffering
The increased density allowed in R3 is physically buffered by natural separations from the
surrounding single family residences (20.42.030(2)(e), (f), and (g)). The property is located on a
corner, directly adjacent to Clayton Park, a 1.4 acre open field and playground with picnic
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facilities. The property only shares a boundary line on one side with a residence and is buffered
from that property by a steep slope, retaining wall, and tall, thick foliage. The adjacent house is
set back from this property and not visible from the site. Across Harrison street the city has
straight-in parking, setting the neighboring properties back from the road more than 20 feet. A
retaining wall topped by a tall fence bordering the straight-in parking blocks any visibility to
residential homes to the west. The topography to the north slopes steeply downhill across
Dekalb Street, providing privacy from the building to the neighbors across Dekalb Street.
Dekalb Street is also a wide street with sidewalks and parallel parking on both sides.
Signs
We are not proposing any additional signage with this use. There is currently a reader board
sign next to the entrance on the corner of Dekalb and Harrison. This sign is adequate for the
Amici House use.
Yards and Open Spaces, Height, Bulk, Location of Structures, Location of Proposed Open Space
Uses
This use does not propose any changes to the exterior of the building.
Hours and Manner of Operation, Noise, Lights
Being a resident of Amici House is a life style decision with a strict application process and
commitment to house rules. Residents are choosing to be a part of a community and live by
the rules of the house. If the rules are broken, the lease is broken. A couple of the key house
rules related to this section are as follows:
1. Amici House is a dry house. There will be no alcohol, tobacco, marijuana, or any other
recreational drug or substance used on the property or in the house. Residents also
commit to not use any of these substances at Clayton Park or in the surrounding blocks.
2. Amici House residents will abide by the noise regulations set forth by Port Orchard as
follows:
9.24.050 Public disturbance noises – Nuisances.
(1) It is unlawful for any person to cause, or for any person in possession of property to allow to
originate from that property, sound that is a public disturbance noise. The following sounds are
determined to be public disturbance noises and constitutes a nuisance to the public:
(a) The frequent, repetitive or continuous sounding of a horn or siren attached to a
motor vehicle, except as provided in subsections (2) and (3) of this section; or
(b) The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-
highway vehicle, or internal combustion engine within a residential district so as to
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unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property; or
(c) The operation of any mechanically powered saw, drill, grinder, blower, fan, garden
tool, or similar device, except as provided in subsection (3) of this section; or
(d) The starting, operation or testing of construction equipment, such as but not limited
to backhoes, excavators, chain saws, and bulldozers, except as provided in subsection (3)
of this section; or
(e) Yelling, shouting, hooting, whistling or singing on or near the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so
as to unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property; or
(f) Frequent, repetitive or continuous noise made by any animal which unreasonably
disturbs or interferes with peace, comfort and repose of property owners or possessors,
except that such noise shall be exempt when originating from lawfully operated animal
shelters, kennels, pet shops, veterinary clinics, and police service dogs; or
(g) The creation of frequent, repetitive, or continuous sounds which emanate from any
building, structure, apartment or condominium which unreasonably disturbs or
interferes with the peace, comfort and repose of owners or possessors of real property,
such as sounds from musical instruments, audio sound systems, band sessions or social
gatherings, particularly after the hours of 11:00 p.m. and before 7:00 a.m. or at any time
and place so as to unreasonably disturb or interfere with the peace, comfort and repose
of owners or possessors of real property; unless so authorized by a special permit issued
by the city of Port Orchard; or
(h) Sound from motor vehicle audio sound systems, such as tape players, radios and
compact disc players, operated at a volume as to be audible greater than 50 feet from
the vehicle itself; or
(i) Sound from portable audio equipment, such as tape players, radios and compact disc
players, operated at a volume as to be audible greater than 50 feet from the source.
As the laws of Port Orchard evolve, the Amici House leases will incorporate applicable changes.
The substance and noise rules will be incorporated into the lease agreements for each resident.
Young adults will live in community, sharing responsibility for chores and keeping each other
accountable to the house rules. Each floor/suite will have a floor/suite leader, voted in by the
floor residents, to provide accountability. A live-in house manager and the ownership team will
meet with the floor/suite leaders weekly to teach and direct the leadership team, and to
provide oversight and accountability. Each young adult will participate weekly in a small group
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mentorship program. The mentors will be members of the Port Orchard community who are
committed to investing in young adults.
Amici House is not proposing to change the exterior lighting to of the building.
Dust, Odor, Fumes, and Vibration;
The residential Congregate Living Facility use will not emit dust, odor, fumes, or vibrations
(c) The proposal is in accordance with the goals, policies, and objectives of the
comprehensive plan;
Revitalizing this building by developing a congregate living community for young adults directly
fulfills 7 of the 13 Primary Connection Points in the Port Orchard Comprehensive Plan:
1. Connect individual neighborhoods to the greater city.
Young adults are connectors as a demographic. We are specifically seeking young adults who
are working toward local careers and who desire to create lives in Port Orchard. Our
application process is seeking young adults who want to be a part of a larger community and
have a track record of volunteer service or have a desire to start down that road. Our
mentorship program will lead these young adults in becoming involved, productive, caring
citizens. This group of young adults will be an asset in connecting this residential neighborhood
to Port Orchard.
2. Connect people to the waterfront.
The waterfront will feel most safe, attractive, and vibrant when the spaces are well utilized.
Amici House is within walking distance to waterfront walking paths, beaches, shops,
restaurants, entertainment, and amenities. Residents will activate the downtown waterfront
with walks, jogs, and bike rides. They will buy coffee and a pastry and sit on the benches to
enjoy the scenery. Amici House residents will connect people to the waterfront consistently
year round.
3. Connect people to downtown.
Port Orchard’s downtown is full of shops, eateries, and services. Residents of Amici House will
shop at the farmers market and local retail shops, attend music concerts in the park, enjoy the
restaurants and bars, and liven up downtown Port Orchard. As downtown becomes more
vibrant, more people will come. Amici House will provide a strong core of active community
members within walking distance through a demographic that is seeking community.
4. Connect downtown and the waterfront.
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Port Orchard’s downtown shops, cafes, library and services lay adjacent to its beautiful
waterfront amenity. The owners of Amici House, currently meet young adults 2-3 days a week
in downtown Port Orchard to buy coffee, chocolate or snack and walk the waterfront. Many of
these young adult friends will be the first residents of Amici House. They have kayaks and
bikes, and love the outdoors. Port Orchard is wonderfully situated for pedestrian life and the
location of downtown on the waterfront creates a delightful ambiance. Local community
members who use these spaces consistently throughout all seasons of the year will provide an
attractive model for those who visit periodically of how these spaces naturally connect. Amici
House residents are pedestrian oriented citizens seeking community spaces to connect and
their natural activity will enhance the connection between downtown and the waterfront.
5. Connect people via land use choices that encourage meaningful interactions (i.e.
housing within walking distance to shops and restaurants that allows people to
encounter and interact with each other on the street).
Amici House is located just 2 blocks from downtown shops, restaurants, and services. Of our
first 8 target residents, one works at Josephine’s and will walk to work, another works at the
shipyard and will walk to the foot ferry, a third and fourth are youth group leaders at Newlife
church, located downtown in the Westbay Center, and meet teens regularly downtown to shop
and walk, and a fifth works in downtown Seattle and will walk on the foot ferry to Bremerton,
and then to Seattle. In the evenings we expect Amici House residents to walk downtown and
enjoy Port Orchard living.
6. Connect the history of the city through built environment.
This building has a wonderful history in Port Orchard. The Amici House renovation will keep the
character of the building as purchased intact, while upgrading the building to a high quality
living environment. Creating a new a vibrant community within a historic Port Orchard building
will connect the rich history of Port Orchard through the built environment. 902 Dekalb Street
has evolved and grown as Port Orchard has evolved and grown over the last 125 years. This
building was originally built as a single-family residence in the early 1900’s. As time progressed
and needs changed, it was added on to and remodeled. We are still learning the history of the
building, but know that in addition to a single family home, it has housed a school, convenience
store, and a number of church communities over the last 100+ years. Amici House is a creative
way to utilize this historic Port Orchard building in a way that honors the past and enhances the
vision for Port Orchard’s future.
7. Connect Parks and Housing to Other Parks.
The location of Amici House, adjacent to Clayton Park, 2 blocks from the waterfront walking
areas, and within a mile of the waterfront park, creates a housing environment that connects
people to parks. Amici House residents will utilize park spaces for recreation and community
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building. The house layout will be designed toward community life, connecting the housing
model to local parks, community spaces and activities.
Amici House also has some indirect benefits for 2 additional Primary Connections.
1. Connect separate areas of the city with a variety of transportation options.
When transit is full and utilized citizens are more likely to vote to fund transit growth. Amici
House residents are situated to use public transit for affordability, convenience, and
environmental awareness.
2. Connect citizens and government
Amici House is located near city hall, the courts and county government offices. Through the
mentorship program, residents are encouraged to be active, helpful, caring citizens who
volunteer their time to benefit the Port Orchard community. There will likely be connection
opportunities through this aligned vision.
(d) The proposal complies with all requirements of this title;
The Amici House use is residential in nature and complies with the requirements of this title as
well as the intent of the urban neighborhood setting.
(e) The conditional use will be supported by adequate public facilities or services and
will not adversely affect public services to the surrounding area, or conditions can be
established to mitigate adverse impacts on such facilities; and
The use of the 902 Dekalb St building as a Congregate Living Facility is adequately supported by
public facilities and services without adversely affecting public facilities and services to the
surrounding area. This is not a new development or expansion. It is a change of use that will
utilize a similar level of facilities and services as the church use when it was vibrant, but in a
more spread out pattern. The infrastructure that has been built over time through the uses of a
convenience store, school house, and 150 member church will be adequate for a maximum of
40 residents.
(f) Existing conditions of approval required as part of a prior land division or permit shall be
met.
There are no previous land divisions or permit overlays on this property.
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From:Sandercock, Maria (ECY)
To:Keri Sallee
Subject:SMP Periodic Review amendment
Date:Monday, June 21, 2021 12:56:29 PM
Attachments:DRAFT_PortOrchard_2020PR_AttachB_ReqRecChanges.docx
Good afternoon Keri,
We are moving towards what will likely be a conditional approval of the Poulsbo SMP periodic
review amendment. We’ve drafted a list of changes to the amendment that are necessary for
consistency with the SMA and SMP Guidelines, which I’ve attached. I’m interested in your input on
whether there is alternative language the City would prefer or if additional rationale would be
helpful. We can also set up a phone call or virtual meeting if it would be helpful to discuss any of
these further.
Thank you,
Maria
Maria Sandercock, AICP
Shoreline Planner | WA Department of Ecology | Shorelands & Environmental Assistance
cell: 425-256-1372 | maria.sandercock@ecy.wa.gov
We have moved!
Ecology’s Northwest Regional Office has moved to Shoreline:
Physical address: 15700 Dayton Ave N, Shoreline, WA
Mailing address: PO Box 330316, Shoreline, WA 98133-9716
24-hour reception line: 206-594-0000
This communication is public record and may be subject to disclosure as per the Washington State Public Records Act, RCW
42.56.
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Page 1 of 3
June 21, 2021
Draft Attachment B – City of Port Orchard – Ecology Required and Recommended Changes
The changes in red are required for consistency with the SMA (RCW 90.58) and the SMP Guidelines (WAC 173-26, Part III). Changes in blue are recommended and consistent with SMA (RCW 90.58) policy and the SMP
Guidelines (WAC 173-26, Part III)
ITEM # SMP Submittal
PROVISION
BILL FORMAT CHANGES (underline = additions; strikethrough = deletions) RATIONALE
Req-1 &
Req-2
1.6 References
to Plans,
Regulations, or
Information
Sources
B. Critical Areas Ordinance. Chapter 20.162 of the Port Orchard Municipal Code, Critical Areas Regulations (Ordinance
019-17, adopted June 23, 2017.) providinges rules, setbacks, mitigation and other regulations for geologically hazardous
areas, wetlands, and streams, are incorporated herein as regulations of this Master Programetc. For regulatory purposes,
Chapter 20.162 applies to critical areas within the shoreline jurisdiction, but this Master Program overrides the
regulations in Chapter 20.162 within the shoreline jurisdiction The sections of Chapter 20.162 listed below are excluded from the Master Program and shall not apply within shoreline jurisdiction:
1. Article 1. Administration, permitting, enforcement, and nonconforming procedures are in Chapters 8, 9, and 10 of
the SMP.
2. Definitions: Aquaculture.
3. 20.162.050 Exempt wetlands.
4. 20.162.056.7 Utilities.
iIf any conflict between the incorporated critical areas regulationsordinance and the Master Program shall occurs, the
regulations of this Master Program take precedence.
Required Change 1: Include critical area regulations in the SMP
A change is necessary for consistency with RCW 90.58.610 and RCW 36.70A.480, which govern the
relationship between CAOs and SMP, and with WAC 173-26-221(2)(a). Pursuant to RCW
36.70A.480(3)(b), CAOs do not apply within shoreline jurisdiction. The City proposes to remove the
2009 CAO and Appendix B; however the SMP must contain critical areas regulations of its own [WAC 173-26-221(2)(a)]. WAC 173-26-191(2)(b) authorizes the incorporation of regulations from other City
documents by referencing a specific, dated edition. It appears the City intends to take this option and
this required change is written based on this assumption. Alternatively, the City may write shoreline-
specific critical area regulations into the SMP itself.
Required Change 2: Exclude sections of CAO that are inconsistent with the SMA
Changes are necessary for consistency with the SMA, SMP Guidelines, and WAC 173-27.
1. Article 1 contains several sections that are inconsistent with the permitting framework
established in RCW 90.58.140 and WAC 173-27. These include 20.162.032 Exemptions
[exemptions in shoreline jurisdiction are listed in WAC 173-27-040], 20.162.034 Exceptions
[where provisions interfere with reasonable use, relief should be granted through a shoreline
variance], 20.162.036 Variances [applicants should seek a shoreline variance in shoreline
jurisdiction]. Other provisions that are inconsistent with WAC 173-27 or internally
inconsistent with other SMP provisions include 20.162.038 Nonconforming – Existing
structures and 20.162.040 Enforcement – Violation – Penalty.
2. The definition for “aquaculture” in the CAO is inconsistent with WAC 173-26-020(6) and
should be excluded from the SMP, as it currently is under the incorporation of the 2009 CAO.
3. Exemptions for small wetlands can result in a loss of wetland functions within shoreline
jurisdiction. Ecology’s wetland guidance is that these type of exemptions are only
appropriate outside of shoreline jurisdiction (see Bunten et al 2016). For consistency with WAC 173-26-221(2)(a)(ii), which requires that protection of critical areas “assures no net loss
of shoreline ecological functions,” these exemptions should be excluded from the SMP.
4. Allowing new or expanded utility corridors in wetlands and their buffers in inconsistent with
the use preferences of the SMA in RCW 90.58.020 and WAC 173-26-201(2)(d). Protecting and
restoring ecological functions is preferred over non-water oriented uses, such as utilities.
Allowing new/expanded utilities in wetlands and their buffers will negatively impact wetland
function. Ecology has identified a limited list of activities that can occur in wetlands and their
buffers with minimal impacts (Granger et al. 2005, Bunten et al 2016). Excluding this section
is necessary for consistency with WAC 173-26-201(2)(d).
Req-3 6.3 Critical
Areas
The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely developed. Within
shoreline jurisdiction there are many other types of critical areas that have been identified to be protected. All critical
areas, including marine shorelines, have been provided regulatory protection with the incorporationadoption of Port
Orchard Municipal Code Title 20, and relevant regulations of the 2017 update of the Port Orchard Critical Areas
Ordinance in Section 1.6. With the implementation of the critical areas policies listed below, the Port Orchard Shoreline
Master Program provides for management of critical areas, can be implemented, and is consistent with RCW
90.58.090(4) and WAC 173-26-221.
Required Change 3: Update references to critical area regulations
A change is necessary for internal consistency with Section 1.6.B, which contains the SMP’s critical
areas regulations incorporated from Chapter 20.162 with important exclusions relevant to wetland
protections. Wetlands in shoreline jurisdiction are protected by the SMP, not the CAO [see RCW
36.70A.480].
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June 21, 2021
G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction shall follow all regulations
regarding the rating, categorization, delineation and protection of wetlands, and the establishment and maintenance of
wetland buffers, as set forth in Section 1.6.BPOMC Title 20, Chapter 20.162 (Critical Areas Regulations).
G-DR 4 All development proposals on land containing geologically hazardous areas within shoreline jurisdiction shall
follow all regulations set forth in in Section 1.6.BPOMC Title 20, Chapter 20.162 (Critical Areas Regulations).
G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross Creek estuary shoreline
jurisdiction shall be subject to the provisions of the Section 1.6.BPOMC Title 20regulations for Fish and Wildlife Habitat
Conservation Areas.
Req-4 &
Req-5 7.13 Residential
Development
Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels that are used or
intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, group housing, condominiums,
subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory (aka
appurtenant) uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas,
fences, cabanas, saunas, and accessory dwelling units, when allowed by the underlying zoning. Single-family residences
are identified as a priority use when developed in a manner consistent with control of pollution and prevention of
damage to the natural environment. Without proper management, single-family residential use can cause significant
damage to the shoreline area through cumulative impacts from shoreline armoring, storm water runoff, septic systems,
introduction of pollutants, and vegetation modification and removal.
SU-DR-60 Single-family homes aremay be exempt from the Shoreline Substantial Development Permit requirements
when consistent with the precise terms of WAC 173-27-040(2)(g).
Required Change 4: Strike phrase in introductory paragraph
A change is necessary for constancy with WAC 173-27-040(2)(g). Within shoreline planning, “appurtenance” has a specific meaning for residential uses and is not the same as an “accessory
structure.” Appurtenances are “necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the ordinary high water mark and the perimeter of a wetland.
On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences;
installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic
yards and which does not involve placement of fill in any wetland or waterward of the ordinary high
water mark.” [WAC 173-27-040(2)(g)]
Required Change 5: Add clarity to SU-DR-60
A change is necessary for consistency with WAC 173-27-040(2)(g). Not all single family homes are
exempt from substantial shoreline development permits. Only those homes landward of the OHWM
and wetland boundaries built by the property owner for their own use and that include only the
appurtenances listed in WAC 173-26-040(2)(g) may be exempt.
Req-6 &
Rec-1 8.5 Shoreline
Substantial
Development
Permits
Shoreline Substantial Development Permits (“SDPs”) are required for all developments (unless specifically exempt) that
meet the legal definition of “substantial development.” A “substantial development” is any development which meets
the criteria of RCW 90.58.030(3)(e)WAC 173-27-040(2)(a) or its successor, or any development which materially
interferes with the normal public use of the water or shorelines of the state, or as specifically exempted pursuant to WAC
173-27-040RCW 90.58.030(3)(e).
SDPs are reviewed and processed by local governments and subsequently sent to Ecology. Under WAC 173-27-150,
substantial development permits cannot be approved unless they are consistent with policies and procedures of the
Shoreline Management Act, Ecology rules, and the local master program. The City may condition a permit if needed to
ensure consistency of the project with the Act and the City’s Master Program.
Certain proposed development activities and uses may qualify for processing as an administrative SDP subject to Section
8.54.1.1. An administrative SDP is a Type II decision per POMC Section 20.22.020. If a development activity or use does
not qualify for an administrative SDP, it will be processed as a regular SDP, which is a Type III decision per POMC Section
20.22.020, and requires a public hearing before the City’s hearing examiner.
Required Change 6: Update references
A change is necessary for consistency with the definition of substantial development in RCW
90.58.030(3)(e). The reference to WAC 173-27-040(2)(a) is an exemption from the definition of
substantial development and should not be used to determine whether development is substantial or
not. Instead the SMP should refer to RCW 90.58.030(3)(e).
A change is also necessary for internal consistency with 8.5.1 (Shoreline Substantial Development
Permits – Administrative). The amendment adds a reference to this section, but uses the old section
number, which has been revised with the amendment.
Recommended Change 1: Refer to WAC 173-27-040 for shoreline exemptions
While RCW 90.58.030(3)(e) does list exemptions from the definition of substantial development, we
recommend referring to WAC 173-27-040 instead. This provides greater detail on the exemptions and
also provides more procedures and rules for implementing exemptions.
Rec-2 8.5 Shoreline
Substantial
Development
Permits
8.5.1.2 Permit Process
Administrative shoreline permits will be processed as an administrative (Type II) permit in accordance with the
requirements of POMC 20.22, and RCW 90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict
between the requirements of these regulations, the more stringent requirement shall control.
8.5.2.1. Development Activities.
Substantial development permits that do not qualify for administrative review and approval under 8.4.1 shall be
processed as a hearing examiner decision (Type III) permit in accordance with the requirements of POMC 20.22, and RCW
90.58.140, and WAC 173-27, or as hereafter amended. If there is any conflict between the requirements of these
regulations, the more stringent requirement shall control.
Recommended Change 2: Add reference to WAC 173-27
WAC 173-27 contains more specific procedures for shoreline permits and these procedures apply in
addition to RCW 90.58.140. To improve implementation of the SMP, we recommend this include a
reference to WAC 173-27.
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June 21, 2021
8.5.2.2. Permit Process
Hearing examiner shoreline substantial development permits will be processed as a quasi-judicial (Type III) permit in
accordance with the requirements of POMC 20.22, and RCW 90.58.140, and WAC 173-27, or as hereafter amended. If
there is any conflict between the requirements of these regulations, the more stringent requirement shall control.
Req-7,
Req-8, &
Req-9
8.7 Shoreline
Variances
8.7.3.1 Criteria for granting administrative (Type II)shoreline variances
A request for an administrative shoreline variance must demonstrate that the development or use meets all of the
criteria below, in order to be approved:
1. The development and/or use is located landward of the ordinary high water mark (OHWM) as defined in
RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW 90.58.030(2)(h); and
2. The maximum relief requested by the variance deviates from the applicable bulk, dimensional or
performance standard(s) in the City’s master program by no more than 20% of each applicable standard; and
3. The development and/or use meets all of the criteria of WAC 173-27-170(1), (2), (4) and (5).
8.7.4.1 When a hearing examiner (Type III) shoreline variance is required.
A development proposal does not qualify to request an administrative (Type II) shoreline variance if either or bothany of
the criteria below are met, and a hearing examiner shoreline variance must be requested:
1. The development or use will be located waterward of the ordinary high water mark (OHWM), as defined in
RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h);
2. The relief requested by the variance deviates from the applicable bulk, dimensional or performance
standard(s) in the City’s master program by more than 20% of any applicable standard.;
3. Any other shoreline variance that does not meet the criteria for an administrative shoreline variance.
8.7.4.2 Criteria for granting hearing examiner (Type III) shoreline variances
A request for a hearing examiner variance must demonstrate that the development or use will meet all of the criteria
below, as applicable, in order to be approved:
1. If the development or use will be located waterward of the ordinary high water mark (OHWM), as defined in
RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), it must meet the criteria of WAC 173-27-170(1), (3), (4) and (5).
2. For all variance requests, the development and/or use must meet all of the criteria of WAC 173-27-170(2).
Required Change 7: Include all applicable variance criteria
A change is necessary for consistent with WAC 173-27-170. Requests for shoreline variances may only
be approved if they are consistent with all applicable criteria in WAC 173-27-170. For variances
landward of OHWM and wetland boundaries, this includes subsections (1), (4), and (5), in addition to
(2).
Required Change 8: Clarify what procedure is required for other shoreline variances that don’t meet
the administrative shoreline variance criteria.
A change is necessary for consistency with RCW 90.58.100(5) and WAC 173-27-170, which allow for
an applicant to seek a variance from any bulk, dimensional, or performance standard. Most
performance standards do not have a numerical component that can be used to gauge whether the
size of the variance is more or less than 20%. To ensure there is a clear process for shoreline variance
requests that do not meet any of criteria for an administrative variance and do not meet (1) or (2) of
8.7.4.1, a change to this section is needed.
Required Change 9: Include all applicable variance criteria
A change is necessary for consistent with WAC 173-27-170. Requests for shoreline variances may only
be approved if they are consistent with all applicable criteria in WAC 173-27-170. For variances
waterward of OHWM and wetland boundaries, this includes subsections (1), (4), and (5), in addition
to (3). For all variances requests, this includes the entirety of WAC 173-27-170.
Req-10 Appendix C
Section E –
Redevelopment
Within a
Shoreline Buffer
1. Within a shoreline buffer, redevelopment of a site with one or more existing non-water-dependent, legal
conforming or nonconforming building(s), or redevelopment of a portion of such building(s), may be allowed subject
to the following:
…
f. In general, nNew or redeveloped surface parking areas and parking lots included in a redevelopment proposal shall
be located outside the shoreline setback (buffer) where feasible. Parking in the shoreline buffer for redevelopment
projects containing water-dependent, water-related and water-enjoyment uses may be allowed if no feasible
alternative exists, provided all other provisions of this section are met. Stand-alone structured parking is not allowed
in the shoreline buffer.
Required Change 10: Do not allow parking in the shoreline buffer
A change is necessary for consistency with the use preferences of the Act in RCW 90.58.020 and WAC
173-26-201(1)(d). Parking is non-water-dependent and not a preferred use and should be outside of
the shoreline buffer. Protecting and restoring ecological function is a preferred use over parking
within shoreline buffers. Allowing parking within shoreline buffers would displace a preferred use for
a non-preferred use.
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