11/09/2021 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby (Mayor Pro-Tempore)
Finance Committee
Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosa pepe
Utilities/Sewer Advisory Committee
Land Use Committee, Chair
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
November 9, 2021; 6:30 p.m.
The City is conducting its public meetings remotely to prevent the spread of COVID. The
City is providing options for the public to attend through telephone, internet or other
means of remote access, and also provides the ability for persons attending the
meeting (not in -person) to hear each other at the same time. Therefore;
Remote access only
Link: https://us02web.zoom.us/i/82485924046
Zoom Webinar ID: 824 8592 4046
Zoom Call -In: 1-253-215-8782
Guiding Principles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record. If
you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of a Resolution Declaring a Certain Item as Surplus and
Authorizing its Disposition (Rinearson) Page 3
D. Adoption of a Resolution Approving a Contract with the Department of
Commerce for the South Kitsap Community Events Center (Bond) Page
5
E. Approval of the October 19, 2021, City Council Work Study Meeting
Minutes Page 35
F. Approval of the October 26, 2021, City Council Meeting Minutes Page
39
G. Excusal of Councilmember Clauson Due to a Business Obligation
S. PRESENTATION
A. 2020 JLARC Public Records Request Annual Report (Rinearson)
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 20.170 Flood Damage
Prevention (Bond) Page 47
B. Adoption of a Resolution Ratifying the 2021 Amendments to the Kitsap Countywide Planning Policies
(Bond) Page 104
C. Adoption of a Resolution Approving; a Contract with Transportation Solutions, Inc. to Update the
Transportation Element of the Comprehensive Plan and Documenting Procurement Procedures (Bond)
Page 209
D. Adoption of a Resolution Accepting; a Multifamily Property Tax Exemption Agreement (MPTE) for the
Plisko Apartments as Sought by Cedar Cove, LLC (Bond) Page 234
E. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for 2022
Funding Allocation (Rinearson) Page 246
8. DISCUSSION ITEMS (No Action to be Taken)
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10. REPORT OF MAYOR
11. REPORT OF DEPARTMENT HEADS
12. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.)
13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
14. CITY COUNCIL GOOD OF THE ORDER
15. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Economic Development and
November 8, 2021; 9:30am — 2nd Monday of each
Remote Access
Tourism
month
Utilities
November 9, 2021; 5:00pm — 2nd Tuesday of each
Remote Access
month
Finance
November 16, 2021; 5:00pm — 3rd Tuesday of each
Remote Access
month
Transportation
November 23, 2021; 5:00pm; 4th Tuesday of each
Remote Access
month
Festival of Chimes & Lights
N/A, 2021; 3:30pm
Remote Access
Land Use
November 17, 2021; 4:30pm
Remote Access
Lodging Tax Advisory
TBD; 2022
Remote Access
Sewer Advisory
TBD, 2021; 6:30pm
Remote Access
Outside Agency Committees
Varies
Varies
Please turn off cell phones
during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period
is required.
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special
accommodations.
November 9, 2021, Meeting Agenda
Page 2 of 2
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of a Resolution Declaring a
Certain Item as Surplus and Authorizing its
Disposition
Back to Agenda
Meeting Date: November 9, 2021
Prepared by: Brandy Rinearson, MMC
Atty Routing No.
Atty Review Date
City Clerk
N/A
N/A
Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to
City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of
surplus by the City Council.
Staff is asking the Council to surplus a 1983 Hercules Delta 2300 Generator (ID No. 300126), belonging to the
sewer fund. The equipment is over 50 years old and is having mechanical issues. The Finance department has
estimated the current value of $0.00.
Although the City's internal asset value of the item has been determined to be of no value, any money from
the sale of surplus property is deposited into the Fund which owned the item. When disposal is to the
general public through direct sale, sealed bid or auction, final determination of value shall be the highest
responsible bid or offer. The City may transfer a surplus asset to another public agency upon written
request and a determination that it is in the public interest. Staff will dispose the item in a manner that
reflects the best interest of the City.
Recommendation: Staff recommends adoption of a Resolution declaring the Generator surplus and allowing
for its disposition.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution declaring a 1983 Hercules Delta 2300 Generator (ID
No. 300126), surplus and authorizing its disposition.
Fiscal Impact: Money received from the disposition of surplus item is deposited in the Fund of ownership.
Alternatives: Do not adopt.
Attachments: Resolution.
Page 3 of 249
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING
CERTAIN ITEMS AS SURPLUS AND AUTHORIZING ITS DISPOSITION.
WHEREAS, certain personal property owned by various Funds of the City of Port
Orchard has become surplus to the needs of the City; and
WHEREAS, the City Council has determined that the current asset value of the item
to be $0.00; and
WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020,
considered the possible future requirements of the City, the present value of the
personal property and utility equipment, the likelihood of locating a buyer, possible
intergovernmental cooperation, and the general welfare of the citizens of Port Orchard
in determining whether it is in the best interests of the City to dispose of such personal
property and utility equipment; and
WHEREAS, the City Council desires to dispose a 1983 Hercules Delta 2300 Generator
(ID No. 300126), in the best interests of the City, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The 1983 Hercules Delta 2300 Generator (ID No. 300126), is declared as surplus
to the needs of the City. Staff is instructed to dispose of the item in a manner that
reflects the best interest of the City.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro-Tem and
attested by the City Clerk in authentication of such passage this 91" day of November 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Bek Ashby, Mayor Pro-Tem
Page 4 of 249
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Item 4D
Subject: Adoption of a Resolution Approving a
Contract with the Department of
Commerce for the South Kitsap
Communitv Events Center
Back to Agenda
Meeting Date: November 9, 2021
Prepared by: Nick Bond, AICP
DCD Director
Atty Routing No.
Atty Review Date
366922.0011— DCD
November 5, 2021
Summary: The City of Port Orchard has executed a Purchase and Sale Agreement for the purchase of the
current Kitsap Bank building, located at 619 Bay Street, for the future South Kitsap Community Events
Center. In advance of the purchase, the City sought grant funding for the project from multiple available
sources, including state funding through the 2022 Local & Community Projects Program. The City
successfully lobbied for legislative appropriation for the project and was granted $1,211,280.00 through
the state's program. The Washington Department of Commerce, who manages the grant program,
provided an agreement for the grant award with terms and conditions consistent with grants through
Commerce's local government division, community capital facilities unit. Staff has reviewed the terms of
the agreement and confirmed the City can meet those terms and conditions for this project.
Recommendation: Staff recommends the Council accept the grant and authorize the Mayor to execute an
Agreement with Department of Commerce for grant funding for the future South Kitsap Community
Events Center, and all associated documents.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a Resolution, authorizing the acceptance of grant funding in
the amount of $1,211,280.00, as part of the 2022 Local & Community Projects Program for the South
Kitsap Community Events Center, and authorizing the Mayor to execute an Agreement with the
Department of Commerce and all associated documents necessary to receive the grant funding.
Fiscal Impact: This grant is necessary to effectuate the purchase of the property and furtherance of the
project.
Alternatives: Not approve and provide further guidance.
Attachments: Resolution and Department of Commerce Agreement.
Page 5 of 249
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT ACCEPTING WASHINGTON STATE
DEPARTMENT OF COMMERCE GRANT THROUGH THE 2022 LOCAL &
COMMUNITY PROJECTS PROGRAM FOR THE FUTURE SOUTH KITSAP
14191►viIIVi1110111W&ITIJ►11&*"►11".11
WHEREAS, consistent with City Council authorization, the Mayor executed a Purchase
and Sale Agreement for the existing Kitsap Bank Building located at 619 Bay Street (the
"Property") for the future construction of the South Kitsap Community Events Center, which
will also house the public library; and
WHEREAS, the City applied for and was granted funding for project the through the
Washington State Department of Commerce, 2022 Local & Community Projects Program, in the
amount of $1,211,280.00; and
WHEREAS, these grant funds are necessary for the City to complete the project; and
WHEREAS, Commerce has proposed an agreement to govern the terms and conditions
of the grant of these state funds (the "Agreement"), and staff has reviewed the proposed
agreement and determined that the City is able to meet the terms and conditions for this grant;
and
WHEREAS, the City Council desires to accept the grant funding and to authorize the
Mayor to execute the Agreement and all associated documents in order to move forward with
the project; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
/_FiY91US1TiTI S
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute an Agreement
with the Washington State Department of Commerce in a form acceptable to the City
Attorney, for receipt of grant funding through the 2022 Local & Community Projects
Program in the amount of $1,211,280.00. The Mayor is authorized to execute all
documentation necessary to effectuate the receipt of the grant funding.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
Page 6 of 249
Back to Agenda
Resolution No.
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 9t" day of November 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 7 of 249
Back to Agenda
Grant to
For
.�►. Washington State
artment of
��►f Commercep
City of Port Orchard
through
The 2022 Local & Community Projects Program
South Kitsap Community Events Center (Port Orchard) Property Acquisition
Start date: 7/1/2021
Page 8 of 249
TABLE OF CONTENTS
Back to Agenda
FaceSheet..................................................................................................................... 1
Special Terms and Conditions........................................................................................ 2
1.
Grant Management..................................................................................2
2.
Compensation..........................................................................................2
3.
Certification of Funds Performance Measures ......................................... 2
4.
Prevailing Wage Law............................................................................... 3
5.
Documentation and Security.................................................................... 3
6.
Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4
7.
Expenditures Eligible for Reimbursement ................................................ 4
8.
Billing Procedures and Payment.............................................................. 4
9.
Subcontractor Data Collection...................................................... 5
10.
Insurance................................................................................................. 5
11.
Order of Precedence................................................................................ 6
12.
Reduction in Funds..................................................................................6
13.
Ownership of Project/Capital Facilities..................................................... 7
14.
Change of Ownership or Use for GRANTEE -Owned Property ................. 7
15.
Change of Use for Leased Property Performance Measure ..................... 7
16.
Modification to the Project Budget............................................................ 7
17.
Signage, Markers and Publications.......................................................... 8
18.
Historical and Cultural Artifacts................................................................ 8
19.
Reappropriation....................................................................................... 8
20.
Termination for Fraud or Misrepresentation............................................. 9
General Terms and Conditions....................................................................................... 1
1.
Definitions................................................................................................1
2.
Access to Data......................................................................................... 1
3.
Advance Payments Prohibited................................................................. 1
4.
All Writings Contained Herein.................................................................. 1
5.
Amendments............................................................................................1
6.
Americans with Disabilities Act(ADA)......................................................2
7.
Assignment..............................................................................................2
8.
Attorney's Fees........................................................................................2
9.
Audit........................................................................................................ 2
10.
Breaches of Other State Contracts..................................................3
11.
Confidentiality/Safeguarding of Information..............................................3
12.
Conflict of Interest....................................................................................4
13.
Copyright Provision..................................................................................4
14.
Disputes...................................................................................................4
15.
Duplicate Payment...................................................................................5
16.
Governing Law and Venue....................................................................... 5
17.
Indemnification......................................................................................... 5
18.
Independent Capacity of the Grantee....................................................... 5
19.
Industrial Insurance Coverage................................................................. 5
20.
Laws........................................................................................................ 6
21.
Licensing, Accreditation and Registration ................................................ 6
22.
Limitation of Authority.............................................................................. 6
23.
Noncompliance with Nondiscrimination Laws ........................................... 6
24.
Pay Equity..................................................................................6
25.
Political Activities..................................................................................... 7
26.
Publicity................................................................................................... 7
27.
Recapture................................................................................................ 7
28.
Records Maintenance.............................................................................. 7
Page 9 of 249
Back to Agenda
29.
Registration with Department of Revenue ................................................ 7
30.
Right of Inspection............................................................ ..........7
31.
Savings....................................................................................................8
32.
Severability.............................................................................................. 8
33.
Site Security.............................................................................................
8
34.
Subgranting/Subcontracting.....................................................................8
35.
Survival....................................................................................................8
36.
Taxes.......................................................................................................8
37.
Termination for Cause............................................................................. 8
38.
Termination for Convenience................................................................... 9
39.
Termination Procedures...........................................................................9
40.
Treatment of Assets...............................................................................
10
41.
Waiver...................................................................................................
10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
Page 10 of 249
FACE SHEET
Grant Number: 22-96634-179
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
L GRANTEE
2. GRANTEE Doing Business As (optional)
City of Port Orchard
210 Prospect Street
Port Orchard, Washington 98366
3. Grantee Representative
4. COMMERCE Representative
Nick Bond
Mark Porter
Community Development Director
Project Manager P.O. Box 42525
(360) 874-5533
(360) 742-4868 1011 Plum Street SE
nbond@cityofportorchard.us
Fax 360-586-5880 Olympia, WA 98504-2525
mark.porter@conimerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$1,211,280.00
Federal: ❑ State: ® Other: ❑ N/A: ❑
7/1/2021
6/30/2025, contingent on
reappropriation,
6/30/2023 if funds are not
reappropriated
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID#
11.SWV#
12.UBI#
13.DUNS #
91-6001487
SWV0025665-00
182-000-005
N/A
14. Grant Purpose
The outcome of this performance -based contract will be the acquisition of property to build an events and convention center and
public library in the City of Port Orchard, WA as referenced in Attachment A- Scope of Work.
COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget, Attachment "C" —
Certification of Availability of Funds to Complete the Project, Attachment "D" — Certification of the Payment and Reporting of
Prevailing Wages, Attachment "E" — Certification of Intent to Enter LEED process.
FOR GRANTEE
FOR COMMERCE
Mark K. Barkley, Assistant Director
Date
Robert Putaansuu, Mayor of the City of Port Orchard
Date
APPROVED AS TO FORM
Date
Page 11 of 249
SPECIAL TERMS AND CONDITIONS Back to Agenda
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Port Orchard (a Unit of Local Government
hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce
(hereinafter referred to as COMMERCE), WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075,
made an appropriation to support the 2022 Local & Community Projects Program, and directed
COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the
"Project").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $1,211,280.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non -state sources as set forth in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non -state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
Page 12 of 249 2
SPECIAL TERMS AND CONDITIONS Back to Agenda
GENERAL GRANT
STATE FUNDS
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii) In -kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non -state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for
which the grant award or legislative intent documents specify that the state funding is to be used for
design only are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the later of: (a) final payment of state funds to the GRANTEE under this
grant; or (b) the date when the facility improved with grant funds, or a distinct phase of the
project, is made usable to the public for the purpose intended by the Legislature.. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender's security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
Page 13 of 249 3
SPECIAL TERMS AND CONDITIONS Back to Agenda
GENERAL GRANT
STATE FUNDS
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third -party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one -hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice
Voucher (Form A-19), that documents capitalized Project activity performed — by budget line item —
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
Page 14 of 249 4
SPECIAL TERMS AND CONDITIONS Back to Agenda
GENERAL GRANT
STATE FUNDS
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
10. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
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valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self -insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self -insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self -
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDER OF PRECEDENCE
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In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• Attachment C — Certification of the Availability of Funds to Complete the Project
• Attachment D — Certification of the Payment and Reporting of Prevailing Wages
• Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the later of: (a) the
date the final payment is made hereunder; or (b) the date when the facility improved with grant
funds, or a distinct phase of the project, is made usable to the public for the purpose intended by
the Legislature.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
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A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the later of: (a) the date the final payment is made hereunder; or (b) the
date when the facility improved with grant funds, or a distinct phase of the project, is made usable
to the public for the purpose intended by the Legislature.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
16. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15%).
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%) threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 05-05 or
Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of
the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally
and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the
state of Washington in relation to any claim related to such historical or cultural resources discovered,
disturbed, or damaged as a result of the project funded by this Contract.
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In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor's Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with
Commerce and the Washington State Department of Archaeology and Historic Preservation
("DAHP"), including any recommended consultation with any affected tribe(s), during Project design
and prior to construction to determine the existence of any tribal cultural resources affected by
Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a
continuing prerequisite to receipt of funds under this Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 05-05 and Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re -comply with Governor's Executive Order 05-05, Executive Order 21-02, or Section
106 of the National Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2023 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
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1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee -for -service or per -unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEES are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
auditreview(a-)commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
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• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract.
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Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individuallyby name, the agency previously or currently employed by, job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this contract.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and
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• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
19. INDUSTRIAL INSURANCE COVERAGE
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The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the GRANTEE.
20. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
21. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein. The funds provided under this contract may not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
24. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job -related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job -related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender -based differential; and accounts for the entire differential.
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GENERAL GRANT
STATE FUNDS
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender -based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
25. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
26. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
30. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
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GENERAL GRANT
STATE FUNDS
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
33. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
37. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
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GENERAL TERMS AND CONDITIONS Back to Agenda
GENERAL GRANT
STATE FUNDS
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
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GENERAL GRANT
STATE FUNDS
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
40. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
41. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Back to Agenda,
Scope of Work
Funds awarded under this grant shall be used by the City of Port Orchard for the acquisition of property at
619 Bay Street, City of Port Orchard, Washington, in Kitsap County.
Acquisition of the site is the first phase of a multi -phase project culminating in the construction of a
community event center, library, and meeting space on the purchased site. The project will facilitate
economic development in the area and enable the grantee to offer more social, educational and
entertainment opportunities for residents and visitors.
Acquisition is expected to be complete by December of 2021. The grantee expects that construction of
the facilities will be completed in
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be
within the scope of the legislative appropriation. The "Copyright Provisions", Section 13 of the General
Terms and Conditions, are not intended to apply to any architectural and engineering design work funded
by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
Page 30 of 249
Back to Agenda;
Budget
Line Item
Amount
Architecture & Engineering
$0.00
Site Acquisition
$1,211,280.00
Construction
$0.00
Capitalized Equipment
$0.00
Contingency
$0.00
Other
$0.00
Total Contracted Amount:
$2,500,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Page 31 of 249
Back to Agenda
Certification of the Availability of Funds to Complete the Project
Non -State Funds
Amount
Total
Kitsap Public Facilities District ILA C082-19
$1,000,000.00
City of Port Orchard Local Municipal Funding
$288,720.00
Total Non -State Funds
$1,288,720.00
$1,288,720.00
State Funds
State Capital Budget
$1,211,280.00
$1,211,280.00
Total Non -State and State Sources
$2,500,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
GRANTEE
TITLE
DATE
Page 32 of 249
Back to Agenda,
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 19, 2021,
including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
Page 33 of 249
Back to Agenda;
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Page 34 of 249
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of October 19, 2021
CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby
Councilmember Chang
Councilmember Clauson
Councilmember Cucciardi
Councilmember Diener
Councilmember Lucarelli
Councilmember Rosapepe
Mayor Putaansuu
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Community Development Director Bond, Police Chief Brown,
Finance Director Crocker, HR Manager Lund, City Attorney Archer, City Clerk Rinearson, and Deputy
City Clerk Floyd.
The meeting is also streaming live on YouTube.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
Councilmember Clauson reported the Finance Committee met with the State Auditor for an exit
conference this afternoon. This was the best audit he has seen in his 39 years with the City.
DISCUSSION ITEMS
1. Public Hearing on Mid -Year Biennial Review and Modifications Budget
Finance Director Crocker stated as established by RCW 35A.34.130, a mid -biennial review of the
biennial budget is required. The Finance Department has consulted and reviewed possible
modifications with all departments and Mayor. He explained new expenditures and revenue
adjustments.
Mayor Putaansuu opened the Public Hearing at 6:36 p.m.
Finance Director Crocker provided a presentation which included the Mayor's proposed budget
adjustments, the Finance Committee's proposed added budget adjustments, Governmental -
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Paee 2 of 4
Operational Funds, Fund 001-Current Expense, City Street Fund, Capital Construction and Street
Capital Construction Funds, Enterprise Funds; Water/Sewer, ERR Operational and Capital Purchases,
Personnel Requests, Operating, Stabilization, Special, Debt Service, Transfers, and items not funded.
Additional discussion was held on Small Business Development Center, derelict vessels, software
programs and online applications, subarea plans and comprehensive plan update, code updates,
Community Events Center, Transportation Element of the Comprehensive Plan, City facilities
upgrades, ARPA (American Rescue Plan Act) funds for projects, fleet vehicles, job positions, vehicle
stipend, salaries and benefits, police body cameras, and reserves.
At 7:32 p.m., Mayor Putaansuu closed the public hearing.
Council Direction: Council asked staff to add an additional $18,000 to the City facilities key card
project.
2. Ratification of Adopted Kitsap Countywide Planning Policies
Community Development Director Bond said we currently have Countywide Planning Policies that
have been in place for the last several years. We must update them in advance of every
comprehensive plan update cycle. The Growth Management Act requires counties to coordinate,
and the City's Comprehensive Plan be coordinated. There are multi -county planning policies, which
includes Pierce, Snohomish, King County as well as Kitsap County. Vision 2050 was adopted about 18
months ago, and the Countywide Planning Policies have been updated to be consistent with Vision
2050. The Kitsap Regional Coordinating Council (KRCC) is the body that is tasked with updating the
Countywide Planning Policies. We have been working for almost 2 years to draft updates to both
implement Vison 2050 and help plan Kitsap County for the coming 20-year planning period. The City
is required to update its Comprehensive Plan by June 30, 2024. In order to perform that update, we
will have to review the Countywide Planning Policies, including Vision 2050, and make sure our local
plan is consistent with both.
Mr. Bond noted tonight, the Countywide Planning Policies have been provided to Council for review.
They have been adopted by the Kitsap County Commissioners and by the KRCC Board. Some of the
items which have been updated are housing equity and social justice, climate change, centers of
growth chapter, urban growth areas chapter and rural chapter.
The Mayor and Councilmembers thanked Councilmember Ashby for her role on the KRCC Board.
Brief discussions were held regarding centers of growth, housing equity, and social justice.
Council Direction: Continue to keep this item on the November 9, 2021, City Council agenda for
adoption.
3. Special Event Ordinance
City Clerk Rinearson noted throughout summer, Council was presented with a couple street closure
approvals, and they questioned why all events were not brought before them for approval. Council
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Minute �, .,. ��N�, ��, -021
Page 3 of 4
requested the Economic Development and Tourism Committee review the code for Special Events
to better clarify the requirement of Council approval. At the August 9t" committee meeting, after
reviewing the code, the committee recommended staff to update the code no longer allowing
multiple dayvendorfair events along the waterfront, and also require all street and highway closures
be approved by the City Council.
Staff also reviewed the code and provided changes to the Special Event application as well as the
code. Some of the changes were to include the word 'including estimated peak attendance' on the
application, require the applicant to identify if certain structures would be present, such as adding
temporary structures and tents, adding sanitation facilities on the map and the application, to
include evidence of the Department of Public Health's approval if there are food vendors, identifying
hand washing stations on the map, related to the police departments authority to add 'with
necessary public safety and traffic control provisions'. Staff is also asking the City to align its standards
with FEMA's Special Events Contingency Plan Job Aid Manual, and requiring written confirmation of
procurement and adequate sanitation facilities for the event as recommended by FEMA. Lastly, the
applicants, upon release of the Police Chief's Public Safety Plan, may need to contract with vendor
services such as aid, emergency services, and/or security.
City Attorney Archer briefly discussed the proposed changes to the application and code.
Additional discussion was held regarding multi -day vendors, safety recommendations, restrictions,
discussions held during the Economic Development and Tourism committee meetings, bringing
applications before Council that are multi -day events for their approval, and impacts to businesses.
Council Direction: Council would like to add that applications that are requesting multi -day events
and all street/road closures to be brought before them for approval. This is currently on the October
26, 2021, Council agenda for their consideration.
4. Personnel Policy Update for COVID Vaccination as a Condition of Employment
HR Manager Lund explained she was asked to contact other agencies that have initiated some type
of vaccination requirement. The ones she was able to get ahold of have been doing this since at least
last August, specifically related to required new hires to be vaccinated, and they indicated they have
had no issues or impacts.
City Attorney Archer said she cannot discuss legal risks to the City in an open meeting, but if Council
has questions, they can go into an executive session.
Brief discussions were held regarding vaccination mandate cases.
At 8:18 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to
RCW 42.30.110(1)(i) to discuss legal risks of a proposed action when public discussion is likely to
result in adverse legal or financial consequences. City Attorney Archer and HR Manager Lund were
invited to attend, and City Attorney Archer noted no action will follow.
At 8:28 p.m., Mayor Putaansuu extended the executive session an additional 5-minutes.
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Minut., �, .,. ��N" ��, -021
Page 4 of 4
At 8:33 p.m., Mayor Putaansuu reconvened the meeting back into session.
Discussion was held regarding impending decisions or orders from the Health Department, the
Governor, and federal expectations and mandates. Additionally, Councilmembers voiced their
concerns and approvals for moving forward with the new hire vaccine mandate.
Council Direction: No direction was given to staff.
GOOD OF THE ORDER
In response to Councilmember Lucarelli, Mayor Putaansuu said the legislative priorities will be
discussed at next week's Council meeting [October 26, 2021] and voting on it during the last meeting
in November [November 23, 20211.
Councilmember Ashby spoke to the Peninsula Regional Transportation Planning Organization's
legislative folio.
Councilmember Rosapepe discussed the legislative agenda and Octoberfest downtown Port Orchard.
ADJOURNMENT
The meeting adjourned at 8:41 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Bek Ashby, Mayor Pro-Tem
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of October 26, 2021
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the Deputy City Clerk as follows:
Mayor Pro-Tem Ashby
Councilmember Chang
Councilmember Clauson
Councilmember Cucciardi
Councilmember Diener
Councilmember Lucarelli
Councilmember Rosapepe
Mayor Putaansuu
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Finance Director Crocker, Police Chief Brown, Public Works Director
Dorsey, HR Manager Lund, Community Development Director Bond, City Attorney Archer, and
Deputy City Clerk Floyd.
The meeting is also streaming live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to approve the agenda.
The motion carried.
3. CITIZENS COMMENTS
Shaun Williams voiced his displeasure with the vaccine mandate requirements for new hires.
Mary Johnson spoke in support of the vacation of property between Dekalb and Kitsap Street and
wants to make sure the alley remains open to everyone.
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Minute -021
Paee 2 of 8
In response to Steve, Mayor Putaansuu noted he may want to hold his comments regarding the
vacation of property until the Public Hearing is held.
In response to Dana Harmon, Mayor Putaansuu said with the type of Zoom that is being used, you
can see the panelists, but the attendees cannot be seen.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 82865 through 82912 and 82917 through 82949 including bank drafts
in the amount of $145,385.80 and EFT's in the amount of $65,019.40 totaling $210,405.20.
B. Approval of Payroll Check Nos. 82913 through 82916 including bank drafts and EFT's in the
amount of $156,099.57 and Direct Deposits in the amount of $202,257.81 totaling $358,357.38.
C. Approval of a Contract with The Master's Touch, LLC for Utility Bill Printing and Mailing Services
(Contract No. 101-21)
D. Approval of an Interlocal Agreement with Kitsap County for Public Safety Records Management
Software (Contract No. 102-21)
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the consent
agenda items as published.
The motion carried.
S. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
A. Public Hearing on Property Tax Levy and Revenue Sources for 2022 Current Expense Budget
2021-2022 and Satisfying the Requirements of RCW 84.55.120
Finance Director Crocker provided a presentation on the Revenue Sources.
At 6:55 p.m., Mayor Putaansuu opened the public hearing.
Steve Caputo would like to see cost saving measures added to the presentation.
Dana Harmon spoke to raising taxes.
Shaun Williams talked about revenue and expenses, affordable housing, and not raising taxes or
levies.
At 7:03 p.m., Mayor Putaansuu closed the public hearing.
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Councilmember Cucciardi clarified this item is to discuss the current property tax levy and to review
revenue sources. The full budget process is ongoing.
Councilmember Diener pointed out the levy rate is proposed to be reduced from 1.35 to 1.26, which
is an actual reduction, not an increase.
B. Public Hearing on an Ordinance for the 2021-2022 Budget Mid -Biennial Review and
Modification
At 7:07 p.m., Mayor Putaansuu opened the public hearing.
Shaun Williams questioned where the additional three million dollars is coming from and asked if
we are deficient spending.
At 7:10 p.m., Mayor Putaansuu closed the public hearing.
C. Public Hearing on Vacating City Right -of -Way, an Intersection of Harrison Avenue and Dekalb
Street
At 7:14 p.m., Mayor Putaansuu opened the public hearing.
Steve has no objection to the vacation, but spoke to landscaping, unsafe violations, and invasive
species at the property. He hopes the property will be brought into compliance. He also wants to
know what has been dropped into the soil.
Noel Larsen said the intent of the street vacation is to clean up the property.
In response to Mary Johnson, Mayor Putaansuu noted we are not vacating the alley or the streets.
Kimberly Phillips said the plan for the property and the adjacent property is to create property lines
and cleanup the landscape.
At 7:20 p.m., Mayor Putaansuu closed the public hearing.
D. Public Hearing on Public Hearing on a Petition to Vacate City Right -of -Way, an Intersection of
Harrison Avenue and Kitsap Street
At 7:23 p.m., Mayor Putaansuu opened the public hearing.
Mary Johnson voiced her support of the vacation but noted she did not receive anything in the mail.
Steve thanked the people acquiring the property above the alley for clarifying what they plan to do
with the property. He also voiced concerns about the property below the alley.
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At 7:29 p.m., Mayor Putaansuu closed the public hearing.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Adoption of an Ordinance Setting the Amount of Property Tax to be
Levied for Year 2022 Pursuant to RCW 84.55.120
MOTION: By Councilmember Ashby, seconded by Councilmember Rosapepe, to adopt an Ordinance,
setting the 2022 property tax levy and the amount of property taxes to be raised for the budget year
of 2022.
The motion carried.
(Ordinance No. 049-21)
B. Adoption of an Ordinance for Mid -Biennial Review and Modifications Amending the 2021-2022
Biennial Budget
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an Ordinance,
amending the 2021-2022 Biennial Budgets for the City of Port Orchard.
The motion carried.
(Ordinance No. 050-21)
C. Adoption of an Ordinance Vacating City Right -of -Way, an Intersection of Harrison Avenue and
Dekalb Street
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt an
Ordinance, vacating the City's right-of-way, an intersection of Harrison Avenue and DeKalb Street,
as presented.
The motion carried.
(Ordinance No. 051-21)
D. Adoption of an Ordinance Vacating City Right -of -Way, an Intersection of Harrison Avenue and
Kitsap Street
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt an Ordinance,
vacating the City's right-of-way, an intersection of Harrison Avenue and Kitsap Street, as presented.
The motion carried.
(Ordinance No. 052-21)
E. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 5.94 Special Events
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MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to adopt an Ordinance,
amending Port Orchard Municipal Code Chapter 5.94 for Special Events, as presented.
The motion carried.
(Ordinance No. 053-21)
F. Adoption of an Ordinance Authorizing Positions of Senior Planner and Utilities Compliance
Specialist
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt an
Ordinance, authorizing the creation of two new positions Senior Planner and Utilities Compliance
Specialist, and authorizing the Mayor to develop job descriptions consistent with the attached
general qualifications and duties.
The motion carried.
(Ordinance No. 054-21)
G. Approval of Personnel Policy Update for COVID Vaccination as a Condition for New City Hires
MOTION ON THE FLOOR: By Councilmember Diener, seconded by Councilmember Clauson, to
approve revised Personnel Policy 2.4 "Eligibility for Employment", as presented to require new
employees, effective November 1, 2021, to have received at least one dose of the COVID-19
vaccination prior to employment and as a condition of employment receive the second dose within
30 days, unless they have an approved medical or religious exemption.
Councilmembers voiced to their concerns and support for this proposed updated policy.
The motion passed. Councilmembers Cucciardi and Chang voted no.
H. Approval of a Road Closure for a Special Event, the Festival of Chimes and Lights
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to approve the road
closure for the Festival of Chimes and Lights event taking place on Saturday, December 4, 2021, as
presented.
Councilmember Ashby voiced her concerns and said she will not be voting in support of this event.
The motion passed. Councilmember Ashby voted no.
I. Approval of the October 12, 2021, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the minutes
as published.
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The motion passed. Councilmember Ashby abstained.
8. DISCUSSION ITEMS (No Action to be Taken)
A. Legislative Agenda
Josh Weiss with Gordon Thomas Honeywell Governmental Affairs, provided a brief presentation
which included Transportation Revenue, Transportation Benefit District (TBD) Funding, Foster Pilot
Program, Police Reform, Homelessness, Newspaper Public Notice Requirements, and Derelict Vessel
Funding.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Cucciardi reported the Economic Development and Tourism Committee is scheduled
to meet November 8cn
Councilmember Lucarelli reported the Utility Committee is scheduled to meet November 9tn. The
Festival of Chimes and Lights Committee is scheduled to meet November 151. She also reported on
the October 20tn Sewer Advisory Committee meeting. The next meeting is scheduled for November
15t
Councilmember Rosapepe reported on the October 21St Land Use Committee meeting. He also
reported the Lodging Tax Advisory Committee is scheduled to meet October 28tn
Councilmember Clauson reported on the October 19tn Finance Committee meeting. The next
meeting is scheduled for November 16tn
Councilmember Ashby reported on the October 26tn Transportation Committee meeting. The next
meeting is scheduled for November 23rd. She also reported on the upcoming Kitsap Regional
Coordinating Council Legislative Reception, and the Peninsula RTPO.
Mayor Putaansuu briefly spoke about the Bethel Phase 1 project.
Itemd4I•]:4Ire] 2►TiFIV191:1
The Mayor reported on the following:
• Community Events Center presentation; and
• Adding the City's guiding principles to the Council meeting agendas.
11. REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey reported he will be providing a presentation before the Ecosystem
Coordination Board Local Forum, in partnership with Puget Sound Partners and on the behalf of
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Westsound Partners for Ecosystem Recovery discussing the derelict vessels and on -water living
situation.
Police Chief Brown reported on a training session for officers and regional partners.
Community Development Director Bond reported he is also presentation to the same Forum as Mr.
Dorsey, but on another topic for Integrating Ecosystem Restoration into our land use plans.
12. CITIZEN COMMENTS
Ron Rice asked when the meetings are going back to in -person and also wants to know the status on
the Ruby Creek Subarea Plan development.
Mayor Putaansuu responded that COVID is the reason we are still meeting remotely and not in -
person.
Bob voiced concerns with speeding on Mitchell Avenue.
Shaun Williams voiced concerns with the proposed legislative agenda and crimes in Port Orchard.
Chuck Huck voiced concerns with the Council, Mayor and staff and the Bay Street Pedestrian
Pathway project. He would like more discussions between the City and the public.
Randy Jones is concerned with charging homeowners to clean up property due to homeless people.
13. GOOD OF THE ORDER
Councilmember Clauson has concerns with the current policy adopted regarding employee
vaccination incentives. He would prefer to have incentives similar to Kitsap County. He would like to
reconsider how we are enticing our employees to get vaccinated.
A brief discussion was held, and Council would like to have this discussion added to the November
work study agenda.
Councilmember Diener gave a shout out to Northwest Hospitality and Kitsap County for the cleanup
at Veterans Park.
Mayor Putaansuu noted Veterans park is in the City, but it is owned by Kitsap County.
14. EXECUTIVE SESSION
There was no executive session.
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15. ADJOURNMENT
The meeting adjourned at 9:13 p.m. No other action was taken. Audio/Visual was successful.
The Mayor adjourned the meeting and entered into a separate meeting for discussion of Collective
Bargaining pursuant to RCW 42.30.140(4)(a).
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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;W 4
a
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7A
Adoption of an Ordinance Amendiniz
Port Orchard Municipal Code Chapter
20.170 Flood Damage Prevention
Meeting Date
Prepared by
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November 9, 2021
Nick Bond, AICP
DCD Director
Atty Routing No.: Development -Matter 11
Atty Review Date: September 28, 2021
Summary: The City's flood damage prevention code (POMC Chapter 20.170) has not been updated in
several years, and it is inconsistent with certain state and federal requirements and references, as well as
having some inconsistencies with more recently -updated sections of POMC Title 20. DCD staff and the City
Attorney worked with the Department of Ecology's floodplain code advisor to revise this section of the
City's code to resolve these issues, and to strengthen its requirements for floodplain management and
prevention of flood damage. One of the key changes proposed in the ordinance is the adoption of updated
flood zone maps (FIRM maps) from 2017, which replaces the older 2010 FIRM maps. Additionally, the code
is now consistent with updated FEMA flood map references and with the City's recently -adopted Shoreline
Master Program (SMP) recommendations regarding elevation as protection against shoreline flooding.
The Planning Commission held a public hearing and reviewed the draft ordinance at its October 18, 2021
meeting, and voted to recommend approval of the amendments as presented.
Relationship to Comprehensive Plan: Goal NS-7: Reduce the risk of damage to life, property, and the
natural environment from flooding through appropriate regulatory means. Prevent development on
floodplains that might have the potential to damage property or increase height, flow or velocity of
floodwater.
Policy NS-29: Avoid development in frequently flooded areas except when no conditions will be created
which will be injurious to life, property or natural systems in times of flooding.
Policy NS-30: Require improvements to existing structures within frequently flooded areas to be
constructed using methods and practices that minimize flood damage.
Policy NS-31: Minimize diking and bank protection that may alter the natural hydrology of streams, except
where used to enhance habitat.
Policy NS-32: Prohibit the construction of flood barriers that will unnaturally divert floodwaters or that may
increase flood hazards in other areas.
Alternatives. Do not adopt the proposed amendments to POMC 20.170; however, federal and state
regulations that have been more recently updated than the City's code will supersede the City's
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requirements, and the City must comply with them or be subject to potential legal consequences.
Alternatively, revise the proposed amendments to POMC 20.170, subject to review by the Department of
Ecology.
Recommendation: Approve an ordinance amending POMC 20.170 to update the City's flood damage
prevention code, as presented.
Motion for Consideration: "I move to adopt an ordinance amending POMC 20.170 to update the City's
flood damage prevention code, as presented."
Fiscal Impact: None.
Attachments: Ordinance; POMC 20.170 Changes in Redline
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
REVISIONS TO CHAPTER 20.170 (FLOOD DAMAGE PREVENTION) OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17
establishing a new unified development code (Title 20 POMC), including Chapter 20.170
(Flood Damage Prevention); and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on May 19, 2021, the state Department of Ecology provided the City with
recommended revisions to Chapter 20.170, to bring it into compliance with current state and
federal regulations and City codes; and
WHEREAS, on October 14, 2021, the City submitted to the Department of Commerce a
60-day request for review of the proposed revisions to Chapter 20.170, pursuant to RCW
36.70A.106(3)(b); and
WHEREAS, on October 21, 2021, the City's SEPA official issued a determination of non -
significance for the proposed revisions to Chapter 20.170, and there have been no appeals;
and
WHEREAS, on October 21, 2021, the City Council's Land Use committee reviewed the
proposed revisions to Chapter 20.170, and directed staff to bring an ordinance to the full
Council for review; and
WHEREAS, on November 2, 2021, the Planning Commission held a duly -noticed public
hearing on the proposed adoption of revisions to Chapter 20.170, and did not receive public
testimony, and the Planning Commission recommended approval of the proposed adoption;
and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission and the Ordinance, finds that this Ordinance is consistent with the
City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the
residents of the City and further advance the public health, safety and welfare; now,
therefore,
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 20.170 POMC is revised to read as follows:
Sections:
Chapter 20.170
FLOOD DAMAGE PREVENTION
Article I. General Provisions
20.170.010 Statutory authorization.
20.170.020 Findings of fact.
20.170.030 Statement of purpose.
20.170.040 Methods of reducing flood losses.
20.170.045 FIRM zones AE and Al-30 with base flood elevations but no floodways.
20.170.050 Lands to which this chapter applies.
20.170.060 Basis for establishing the areas of special flood hazard.
20.170.070 Penalties for noncompliance.
20.170.080 Abrogation and greater restrictions.
20.170.090 Interpretation.
20.170.100 Warning and disclaimer of liability.
Article II. Definitions
20.170.110 Definitions.
Article III. Administration
20.170.120 Development permit required.
20.170.130 Application for development permit.
20.170.140 Designation of the Floodplain administrator.
20.170.150 Duties and responsibilities of the director.
20.170.160
Permit review.
20.170.170
Use of other base flood data.
20.170.180
Information to be obtained and maintained.
20.170.190
Alteration of watercourses.
20.170.200
Interpretation of FIRM boundaries.
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Article IV. Flood Damage Prevention Variances and Appeals
20.170.210 Flood damage prevention variances
20.170.220 Conditions for flood damage prevention variances.
Article V. Provisions for Flood Hazard Reduction
20.170.230
General standards.
20.170.240
Anchoring.
20.170.250
Construction materials and methods.
20.170.260
Utilities.
20.170.270
Subdivision proposals.
20.170.280
Review of building permits.
20.170.290
Specific standards.
20.170.300
Residential construction.
20.170.310
Nonresidential construction.
20.170.320
Critical facility.
20.170.330
Manufactured homes.
20.170.335
Recreational vehicles.
20.170.340
Floodways.
20.170.350
Wetlands management.
20.170.360
Coastal high hazard areas.
Article I. General Provisions
20.170.010 Statutory authorization.
The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to
local governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the city council of the city does ordain as follows
in this chapter.
20.170.020 Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
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20.170.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
20.170.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters,
(4) Controlling filling, grading, dredging and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
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20.170.045 FIRM zones AE and Al-30 with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no
new construction, substantial improvements, or other development (including fill) shall be
permitted within zones Al-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
20.170.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
20.170.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the Kitsap County,
Washington and Incorporated Areas," dated February 3, 2017, and any revisions thereto, with
accompanying flood insurance maps, is adopted by reference and declared to be a part of this
chapter.
The best available information for flood hazard area identification as outlined in POMC
20.170.170 shall be the basis for new regulation until a new FIRM is issued that incorporates
data utilized under POMC 20.170.170. The flood insurance study is on file at the city clerk's
office: 216 Prospect Street, Port Orchard, WA 98366.
20.170.065 Compliance
All development within special flood hazard areas is subject to the terms of this chapter and
other applicable regulations.
20.170.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than $500.00 or
imprisoned for not more than 180 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the city from
taking such other lawful action as is necessary to prevent or remedy any violation.
20.170.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or repair any existing easements, covenants,
or deed restrictions. However, where this chapter and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
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20.170.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
20.170.100 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter, or any
administrative decision lawfully made hereunder.
20.170.105 Severability
This ordinance and the various parts thereof are hereby declared to be severable. Should any
Section of this ordinance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the Section so declared to be unconstitutional or invalid.
Article II. Definitions
20.170.110 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to give this
chapter its most reasonable application.
(1) "Alteration of watercourse" means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
(2) "Appeal" means a request for a review of the Director's interpretation of any provision of
this chapter or a request for a variance.
(3) "Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
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(4) "Area of special flood hazard" means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year. It is shown on the Flood
Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special
flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".
(5) "ASCE 24" means the most recently published version of ASCE 24, Flood Resistant Design
and Construction, published by the American Society of Civil Engineers.
(6) "Base flood" means the flood having a one percent chance of being equated or exceeded in
any given year. Also referred to as the "100-year flood." Designation on maps always includes
the letters A or V.
(7) "Base Flood Elevation (BFE)" means the elevation to which floodwater is anticipated to rise
during the base flood.
(8) "Basement" means any area of the building having its floor sub -grade (below ground level)
on all sides.
(9) "Breakaway wall" means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation
structure.
(10) "Coastal flood risk area" means the area of flood hazard subject to inundation from the
coastal waters of Sinclair Inlet. Coastal BFEs are calculated along transects extending from
offshore to the limit of coastal flooding onshore.
(11) "Critical facility" means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police,
fire and emergency response installations, and installations which produce, use or store
hazardous materials or hazardous waste.
(12) "Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations or storage of equipment or materials located within the
area of special flood hazard.
(13) "Director" means, for the purposes of this chapter, the city's community development
director as provided in POMC 2.08.060.
(14) "Elevated building" means, for insurance purposes, a nonbasement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
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(15) "Elevation certificate" means the official form (FEMA Form 81-31) used to track
development, provide elevation information necessary to ensure compliance with community
floodplain management ordinances, and determine the proper insurance premium rate with
Section B completed by community officials.
(16) "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
(17) "Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing lots on which manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either the final site grading or the pouring of concrete pads).
(18) "Flood or Flooding" means
1) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or runoff of surface waters from any source.
c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud
on the surfaces of normally dry land areas, as when earth is carried by a current of
water and deposited along the path of the current.
2) The collapse or subsidence of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(a) of this definition. (19) "Flood elevation study"
means an examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood -related erosion hazards. Also known as a Flood Insurance
Study (FIS).
(20) "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administrator has delineated both the areas of special flood hazards and the risk premium
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zones applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
(21) "Floodplain administrator" means the community official designated by title to administer
and enforce the floodplain management regulations.
(22) "Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height. Also referred to as "Regulatory
Floodway."
(23) "Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long term storage or related
manufacturing facilities.
(24) "Flood proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate risk of flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their contents.
Flood proofed structures are those that have the structural integrity and design to be
impervious to floodwater below the Base Flood Elevation.
(25) "Habitat Assessment" means a written document that describes a project, identifies and
analyzes the project's impacts to habitat for species discussed in the "Endangered Species Act
Section 7 Consultation Final Biological Opinion and Magnuson -Stevens Fishery Conservation
and Management act Essential Fish Habitat Consultation for the Implementation of the
National Flood Insurance Program in the State of Washington, Phase One Document — Puget
Sound Region," and provides an Effects Determination.
(26) "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(27) "Historic structure" means any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
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3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior;
or
b) Directly by the Secretary of the Interior in states without approved programs.
(28) "Increased cost of compliance" means a flood insurance claim payment up to $30,000
directly to a property owner for the cost to comply with floodplain management regulations
after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single
instance of "substantial damage" or as a result of "cumulative substantial damage."
(29) "Lowest floor" means the lowest floor of the lowest enclosed areas (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter found in POW 20.170.330(2).
(30) "Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes, the term
"manufactured home" also includes park trailers, travel trailers and other similar vehicles
placed on site for greater than 180 consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers, travel trailers and other similar vehicles.
(31) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
(32) "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the
vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate
Map are referenced.
(33) "New construction" means structures for which the start of construction commenced on or
after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures. (34)
"Recreational Vehicle" means a vehicle:
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1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection;
3) Designed to be self-propelled or permanently towable by a light duty truck; and
4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(35) "Riverine flood risk area" means the area of flood hazard subject to inundation from
riverine sources. Riverine BFEs are determined using cross sections. Between cross sections,
BFEs are interpolated using flood profiles as described in the Flood Insurance Study.
(36) "Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers or foundation
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the "actual start of construction" means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
(37) "Structure" means a walled and roofed building, including a gas or liquid storage tank that
is principally above ground, as well as a manufactured home.
(38) "Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
(39) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
1) Any project for improvement of a structure to correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
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identified by the local code enforcement official and that are the minimum necessary to
assure safe living conditions; or
2) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." (40) "Variance" means a grant of
relief from the requirements of this chapter which permits construction in a manner that would
otherwise be prohibited by this chapter.
(41) "Water -dependent" means a structure for commerce or industry which cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its operations.
Article III. Administration
20.170.120 Development permit required.
A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in POMC 20.170.060. The permit shall be for all
structures including manufactured homes, as set forth in POMC 20.170.110, Definitions, and for
all development including fill and other activities, also as set forth in POMC 20.170.110.
20.170.130 Application for development permit.
Application for a development permit shall be made on forms furnished by the Director and
may include but not be limited to plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the
following information is required:
(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
Floodplain Administrator;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in POMC 20.170.340;
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development;
(5) Where development is proposed in a floodway, an engineering analysis indicating no rise of
the Base Flood Elevation; and
(6) Any other such information that may be reasonably required by the Floodplain
Administrator in order to review the application.
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20.170.140 Designation of the Floodplain Administrator.
The Director is appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions. The Director may delegate
authority to implement these provisions.
20.170.150 Duties and responsibilities of the Director.
Duties of the Director or designee shall include but not be limited to those in POMC 20.170.160
through 20.170.230.
20.170.160 Permit review.
The Director shall:
(1) Review all development permits to determine that the permit requirements of this chapter
have been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained
from those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine that the site is reasonably safe from flooding.
(4) Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the provisions of POMC 20.170.400 are met.
(5) Notify FEMA when annexations occur in the Special Flood Hazard Area.
20.170.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 20.170.060,
Basis for establishing the areas of special flood hazard, the Director shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a federal, state or
other source, in order to administer POMC 20.170.290 through 20.170.360, Specific standards,
and 20.170.400, Floodways.
20.170.180 Information to be obtained and maintained.
The Director shall:
(1) Where base flood elevation data is provided through the flood insurance study or required
as in POMC 20.170.170, obtain, and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved flood proofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in POMC 20.170.170:
(a) Obtain and maintain a record of the actual elevation (in relation to mean sea level); and
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(b) Maintain the floodproofing certifications required in POMC 20.170.130(3).
(3) Certification required by POMC 20.170.400 (floodway encroachments).
(4) Records of all variance actions, including justification for their issuance.
(5) Improvement and damage calculations. (6) Maintain for public inspection all records
pertaining to the provisions of this chapter.
20.170.190 Alteration of watercourses.
The Director shall:
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse and submit evidence of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
20.170.200 Interpretation of FIRM boundaries.
The Director shall make interpretations where needed as to exact location of the boundaries of
the areas of special flood hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
Article IV of this chapter.
20.170.210 Review of building permits.
Where elevation data is not available either through the flood insurance study or from another
authoritative source (POMC 20.170.170), applications for building permits shall be reviewed to
assure that proposed construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available. Failure to elevate at least two feet above
grade in these zones may result in high insurance rates.
20.170.220 Changes to Special Flood Hazard Area
If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall
provide the community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of
Map Change, then the project approval shall be conditioned accordingly.
20.170.230 Habitat Assessment —When Required
A development permit application shall include a habitat assessment unless the project is, in its
entirety, one of the following activities:
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1) Normal maintenance, repairs, or remodeling of structures, such as re -roofing and replacing
siding, provided such work is not a substantial improvement or a repair of substantial damage.
To comply, such work must be less than 50% of the value of the structure(s).
2) Expansion or reconstruction of an existing structure that is no greater than 10% beyond its
existing footprint. If the structure is in the floodway, there shall be no change in the structure's
dimensions perpendicular to flow. All other federal and state requirements and restrictions
relating to floodway development still apply.
3) Activities with the sole purpose of creating, restoring, or enhancing natural functions
associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas
that meet federal and state standards, provided the activities do not include structures,
grading, fill, or impervious surfaces.
4) Development of open space and recreational facilities, such as parks, trails, and hunting
grounds, that do not include structures, fill, impervious surfaces, or removal of more than 5% of
the native vegetation on that portion of the property in the floodplain.
5) Repair to onsite septic systems, provided ground disturbance is the minimal necessary and
best management practices (BMPs) to prevent stormwater runoff and soil erosion are used.
6) Projects that have already received concurrence under another permit or other consultation
with the Services, either through Section 7, Section 4d, or Section 10 of the Endangered Species
Act (ESA) that addresses the entirety of the project in the floodplain (such as an Army Corps 404
permit or non -conversion Forest Practice activities including any interrelated and
interdependent activities.).
7) Repair of an existing, functional bulkhead in the same location and footprint with the same
materials when the Ordinary High Water Mark (OHWM) is still outside of the face of the
bulkhead (i.e. if the work qualifies for a Corps exemption from Section 404 coverage).
Article IV. Flood Damage Prevention Variances and Appeals
20.170.235. Variances and Appeals — Type III Procedures. Permits issued by the Director under
this Chapter are appealable under POMC 20.170.240. Applications for variances from the
provisions in this Chapter shall utilize the process and the criteria in POMC 20.170.250 in lieu of
the requirements of POMC 20.28. Both appeals and variances hereunder shall be processed per
the Type III procedures contained in POMC 20.22.050. The Director shall maintain the records
of all appeal actions and report any variances to the Federal Insurance Administration upon
request.
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20.170.240 Appeal of Permits Under this Chapter.
(1) The hearing examiner shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Director in the enforcement or
administration of this chapter.
(2) In reviewing and considering such appeal, the hearing examiner shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(3) Upon consideration of the factors of subsection (2) of this section and the purposes of this
chapter, the hearing examiner may attach such conditions to the granting of the permit as it
deems necessary to further the purposes of this chapter.
(4) A party of record that is aggrieved by the decision of the hearing examiner may appeal such
decision to the superior court, as provided in Chapter 36.70C RCW.
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20.170.250 Flood Damage Prevention Variances; Conditions for Approval.
(1) Applications to modify the requirements of this chapter shall require a variance permit.
(2) General. Variances shall only be issued upon a demonstration that the application meets all
of the following criteria:
(a) The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district of the subject
property;
(b) The variance is necessary because of special circumstances relating to the size,
shape, topography, location, or surroundings of the subject property to provide it with use
rights and privileges permitted to other properties in the vicinity and in the land use district of
the subject property; and
(c) The applicant has demonstrated good and sufficient cause;
(d) Failure to grant the variance would result in exceptional hardship to the applicant;
(e) The granting of the variance will not be materially detrimental to property or
improvements in the immediate vicinity of the subject property;
(f) Granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public or conflict with existing local laws or ordinances. In making this determination, the
hearing examiner shall consider the items contained in POW 20.170.240(2)(a) through (2)(k);
(g) The variance granted is the minimum necessary, considering the flood hazard, to
afford relief; and
(g) The variance is not inconsistent with the Comprehensive Plan.
(3) Variance from elevation standard limited. The only condition under which a variance from
the elevation standard may be issued is for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the items in POW
20.170.240(2)(a) through (2)(k) have been fully considered. As the lot size increases, the
technical justification required for issuing the variance increases.
(4) Historic Places. Variances may be issued for the reconstruction, rehabilitation, or restoration
of structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in this section.
(5) Variances within designated floodway. Variances shall not be issued within a designated
floodway if any increase in flood levels during the base flood discharge would result.
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(6) Interpretation. Variances as interpreted in the National Flood Insurance Program are based
on the general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(7) Non-residential variances limited. Variances may be issued for nonresidential buildings in
very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-
floodproofing, where it can be determined that such action will have low damage potential,
complies with all other variance criteria except subsection (3) of this section, and otherwise
complies with POMC 20.170.240 and 20.170.250.
(8) Any variance granted shall contain a written notice alerting the applicant that the structure
will be permitted to be built with a lowest floor elevation below the base flood elevation and
that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(9) A party of record that is aggrieved by the decision of the hearing examiner on a variance
application may appeal such decision to the superior court, as provided in Chapter 36.70C RCW.
Article V. Provisions for Flood Hazard Reduction
20.170.260 General standards.
In all areas of special flood hazards, the standards in POMC 20.170.270 through 20.170.310 are
required.
20.170.270 Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to
ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"
guidebook for additional techniques).
20.170.280 Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
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(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
20.170.290 Storage of Materials and Equipment
(1) The storage or processing of materials that could be injurious to human, animal, or plant life
if released due to damage from flooding is prohibited in special flood hazard areas.
(2) Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the
time available after flood warning.
20.170.300 Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(3) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
(4) Water wells shall be located on high ground that is not in a floodway.
20.170.310 Development and Subdivision proposals.
All development, including subdivision proposals, shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage;
(3) Have adequate drainage provided to reduce exposure to flood damage; and
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or five acres (whichever is less).
20.170.320 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in POMC 20.170.060, Basis for establishing the areas of special flood hazard, or POMC
20.170.170, Use of other base flood data, the provisions in POMC 20.170.330 through
20.170.360 are required.
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20.170.330 Residential construction.
(1) In riverine flood risk areas zoned AE or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial improvement of
any residential structure shall have the lowest floor, including basement, elevated one foot or
more above the BFE. Mechanical equipment and utilities shall be waterproofed or elevated at
least one foot above the BFE.
(2) In coastal flood risk areas zoned AE where the BFE has been determined or can be
reasonably obtained, new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated two feet or more above the
BFE. Mechanical equipment and utilities shall be waterproofed or elevated at least two feet
above the BFE.
(3) New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall
be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet
above the Highest Adjacent Grade.
(4) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs must meet or exceed the following
minimum criteria:
a) Have a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding.
b) The bottom of all openings shall be no higher than one foot above grade.
c) Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.
d) A garage attached to a residential structure, constructed with the garage floor slab
below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
20.170.340 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet the following requirements:
(1) Meet the standards in POMC 20.170.330, or
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(2) In riverine flood risk areas, if the requirements of POW 20.170.330 are not met, then new
construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet all of the following requirements:
a) Be dry flood proofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation required by ASCE 24, whichever is greater;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design, specifications, and plans. Such certifications shall be provided to the official as set
forth in POW 20.170.180(3);
d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POMC 20.170.330;
(3) In coastal flood risk areas, if the requirements of POMC 20.170.330 are not met, then new
construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall meet all of the following requirements:
a) Be dry flood proofed so that below two feet or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation required by ASCE 24, whichever is greater;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design, specifications and plans. Such certifications shall be provided to the official as set forth
in POW 20.170.180(3);
d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POW 20.170.330;
(Applicants who are flood proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed level
(e.g., a building flood proofed to the base flood level will be rated as one foot below). Flood
proofing the building an additional foot will reduce insurance premiums.)
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20.170.350 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits
of the base floodplain. Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities constructed within the base
floodplain shall have the lowest floor elevated to three feet or more above the level of the base
flood elevation at the site or to the height of the 500-year flood, whichever is higher. Access to
and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to insure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated to or above the level of the
base floodplain shall be provided to all critical facilities to the extent possible.
20.170.360 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Al-30, AH and AE
subject to riverine flooding shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system in accordance with the
provisions of POMC 20.170.270(2).
All manufactured homes to be placed or substantially improved within the coastal flood risk
area shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is two feet or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
POMC 20.170.270(2).
20.170.370 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 100 consecutive days;
(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick -disconnect utilities and security devices, and have no permanently attached
additions; or
(3) Meet the requirements of POMC 20.170.360 and the elevation and anchoring requirements
for manufactured homes.
20.170.380 Enclosed Area Below the Lowest Floor
If buildings or manufactured homes are constructed or substantially improved with fully
enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles,
building access, or storage.
20.170.390 Small Accessory Structures (Detached Garages & Small Storage Structures)
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(1) In A, AE, Al-30, AH, and AO flood zones, small accessory structures (less than or equal to the
size of a one story, two car garage) used solely for parking of vehicles or limited storage may be
constructed such that the floor is below the BFE, provided the structure is designed and
constructed in accordance with the following requirements:
a) Use of the small accessory structure must be limited to parking of vehicles or limited
storage;
b) The portions of the small accessory structure located below the BFE must be built using
flood resistant materials;
c) The small accessory structure must be adequately anchored to prevent flotation, collapse,
and lateral movement;
d) Any machinery or equipment servicing the small accessory structure must be elevated or
flood proofed to or above the BFE;
e) If located in a floodway, then the small accessory structure must comply with floodway
encroachment provisions in POW 20.170.400;
f) The small accessory structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with Section POW 20.170.330(4).
g) The structure shall have low damage potential, and
h) If the structure is converted to another use, it must be brought into full compliance with
the standards governing such use.
i) The structure shall not be used for human habitation.
(2) Detached garages, storage structures, and other small accessory structures not meeting the
above standards must be constructed in accordance with all applicable standards in POMC
20.170.330.
(3) Upon completion of the structure, certification that the requirements of this section have
been satisfied shall be provided to the Floodplain Administrator for verification.
20.170.400 Floodways.
Located within areas of special flood hazard established in POMC 20.170.060 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the provisions in
this section apply.
(1) No rise standard. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless certification by a registered professional
engineer or architect is provided demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that encroachments shall not
result in any increase in flood levels during the occurrence of the base flood discharge.
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(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for:
(a) Repairs, reconstruction, or improvements to a structure which do not increase the
ground floor areas; and
(b) Repairs, reconstruction, or improvements to a structure the cost of which does not
exceed 50 percent of the market value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(ii) If the structure has been damaged and is being restored, before the damage
occurred. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure
safe living conditions, or to structures identified as historic places, may be excluded in
the 50 percent.
Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or
to structures identified as historic places, may be excluded in the 50 percent. (3) Substantially
Damaged Residences in Floodway
(a) For all substantially damaged residential structures located in a designated floodway,
the Floodplain Administrator may make a written request that the Department of Ecology
assess the risk of harm to life and property posed by the specific conditions of the floodway.
Based on analysis of depth, velocity, flood -related erosion, channel migration, debris load
potential, and flood warning capability, the Department of Ecology may exercise best
professional judgment in recommending to the local permitting authority repair, replacement,
or relocation of a substantially damaged structure consistent with WAC 173-158-076. The
property owner shall be responsible for submitting to the local government and the
Department of Ecology any information necessary to complete the assessment. Without a
favorable recommendation from the department for the repair or replacement of a
substantially damaged residential structure located in the regulatory floodway, no repair or
replacement is allowed per WAC 173-158-070(1).
(b) Before the repair, replacement, or reconstruction is started, all requirements of the
NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions must be met:
(i) There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
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(ii) A replacement residential structure is a residential structure built as a substitute
for a legally existing residential structure of equivalent use and size.
(iii) Repairs, reconstruction, or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
(iv) The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot higher than the BFE.
(v) New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
(vi) New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters.
(vii) All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
(4) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this article.
20.170.410 General Requirements for Other Development
All development, including manmade changes to improved or unimproved real estate for which
specific provisions are not specified in this ordinance or the state building codes with adopted
amendments and any City of Port Orchard amendments, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;
(3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage -resistant materials;
(5) Meet the flood opening requirements of POMC 20.170.330(4) and
(6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet
the requirements of ASCE 24, except that minimum electric service required to address life
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safety and electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
20.170.420 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated with
the destruction or modification of wetlands, especially those activities which limit or disrupt the
ability of the wetlands to alleviate flooding impacts. The following process should be
implemented:
(1) Review proposals for development within base floodplains for their possible impacts on
wetlands located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect public
safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm
drainage.
(3) Request technical assistance from the Department of Ecology in identifying wetland areas.
Existing wetland map information from the National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland
areas deserving special attention.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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 S. 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 Pro-Tem and
attested by the City Clerk in authentication of such passage this 91" day of November 2021.
Bek Ashby, Mayor Pro-Tem
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ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
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Chapter 20.170 - REDLINE REVISIONS
FLOOD DAMAGE PREVENTION
Sections:
Article I. General Provisions
20.170.010
Statutory authorization.
20.170.020
Findings of fact.
20.170.030
Statement of purpose.
20.170.040
Methods of reducing flood losses.
20.170.045
FIRM zones AE and Al-30 with base flood elevations but no floodways.
20.170.050
Lands to which this chapter applies.
20.170.060
Basis for establishing the areas of special flood hazard.
20.170.070
Penalties for noncompliance.
20.170.080
Abrogation and greater restrictions.
20.170.090
Interpretation.
20.170.100
Warning and disclaimer of liability.
20.170.110 Definitions.
Article II. Definitions
Article III. Administration
20.170.120
Development permit required.
20.170.130
Application for development permit.
20.170.140
Designation of the Gity b With^^ ^ffi^ a'Floodplain administrator.
20.170.150
Duties and responsibilities of the city b ildiRg ^f{i^i^'director.
20.170.160
Permit review.
20.170.170
Use of other base flood data.
20.170.180
Information to be obtained and maintained.
20.170.190
Alteration of watercourses.
20.170.200
Interpretation of FIRM boundaries.
Article IV. Flood Damage Prevention Variances and Appeals
20.170.210 Flood damage prevention variances ppe �
20.170.220 Conditions for flood damage prevention variances.
Article V. Provisions for Flood Hazard Reduction
20.170.230 General standards.
20.170.240 Anchoring.
20.170.250 Construction materials and methods.
20.170.260 Utilities.
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20.170.270
Subdivision proposals.
20.170.280
Review of building permits.
20.170.290
Specific standards.
20.170.300
Residential construction.
20.170.310
Nonresidential construction.
20.170.320
Critical facility.
20.170.330
Manufactured homes.
20.170.335
Recreational vehicles.
20.170.340
Floodways.
20.170.350
Wetlands management.
20.170.360
Coastal high hazard areas.
Article I. General Provisions
20.170.010 Statutory authorization.
The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to
local governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the city council of the city does ordain as follows
in this chapter.
20.170.020 Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
20.170.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
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(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
20.170.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
20.170.045 FIRM zones AE and Al-30 with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no
new construction, substantial improvements, or other development (including fill) shall be
permitted within zones Al-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
20.170.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
20.170.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the Kitsap County,
Washington and Incorporated Areas," dated ",�=Pem—he 4, 201OFebruary 3, 2017, and any
revisions thereto, with accompanying flood insurance maps, is adopted by reference and
declared to be a part of this chapter.
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The best available information for flood hazard area identification as outlined in POMC
20.170.170 shall be the basis for new regulation until a new FIRM is issued that incorporates
data utilized under POMC 20.170.170. The flood insurance study is on file at the city clerk's
office: 216 Prospect Street, Port Orchard, WA 98366.
20.170.065 Compliance
All development within special flood hazard areas is subiect to the terms of this chapter and
other applicable regulations.
20.170.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with
any of its requirements shall upon conviction thereof be fined not more than $500.00 or
imprisoned for not more than 180 days, or both, for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the city from
taking such other lawful action as is necessary to prevent or remedy any violation.
20.170.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or repair any existing easements, covenants,
or deed restrictions. However, where this chapter and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
20.170.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
20.170.100 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter, or any
administrative decision lawfully made hereunder.
20.170.105 Severability
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This ordinance and the various parts thereof are hereby declared to be severable. Should any
Section of this ordinance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the Section so declared to be unconstitutional or invalid.
Article II. Definitions
20.170.110 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be
interpreted so as to give them the meanings they have in common usage and to give this
chapter its most reasonable application.
(1) "Alteration of watercourse" means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
"Appeal" means a request for a review of the eity building eff;e;^IDirector's interpretation of
any provision of this chapter or a request for a variance.
(32-) "Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow
area." "
Fnap (FIRM). The base flood depths range fFem one te three feet; a eleaFly defined channel d
net exist; the path of fleeding is unpFedietable and indeterminate; and velocity flew may be
(43) "Area of special flood hazard" means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year. It is shown on the Flood
Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special
flood hazard area" is svnonvmous in meaning with the phrase "area of special flood
hazard".Deli nati„n „ maps always includes the letters n „r V
"ASCE 24" means the most recentiv published version of ASCE 24. Flood Resistant Desi
and Construction, published by the American Society of Civil Engineers.
(64) "Base flood" means the flood having a one percent chance of being equated or exceeded in
any given year. Also referred to as the "100-year flood." Designation on maps always includes
the letters A or V.
#) "Base Flood Elevation (BFE)" means the elevation to which floodwater is anticipated to rise
during the base flood.
s
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(8§) "Basement" means any area of the building having its floor sub -grade (below ground level)
on all sides.
(26) "Breakaway wall" means a wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation
structure.
(10) "Coastal flood risk area" means the area of flood hazard subject to inundation from the
coastal waters of Sinclair Inlet. Coastal BFEs are calculated along transects extending from
offshore to the limit of coastal flooding onshore.
- -- - -- -- -
- •- _. . M. _.. . _-.. M. .. - -- - - - -
(119) "Critical facility" means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police,
fire and emergency response installations, and installations which produce, use or store
hazardous materials or hazardous waste.
(12-9) "Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations or storage of equipment or materials located within the
area of special flood hazard.
(13) "Director" means, for the purposes of this chapter, the city's community development
director as provided in POMC 2.08.060.
(140) "Elevated building" means, for insurance purposes, a nonbasement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
(15-1) "Elevation certificate" means the official form (FEMA Form 81-31) used to track
development, provide elevation information necessary to ensure compliance with community
floodplain management ordinances, and determine the proper insurance premium rate with
Section B completed by community officials.
(162-) "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
(17-) "Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing lots on which
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manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either the final site grading or the pouring of concrete pads).
(184) "Flood or Flooding" means
1) A general and temoorary condition of partial or complete inundation of normal
dry land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or runoff of surface waters from any source.
c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud
on the surfaces of normally dry land areas, as when earth is carried by a current of
water and deposited along the path of the current.
2) The collapse or subsidence of land along the shore of a lake or other body of water
as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (1)(a) of this
definition. r, o ed vi--rr99 a� IT^c�aii-Sa�s^c-F'rcFarand cE�i'pvTarycvnra-i-cFvrr9 fpa�=-cFai 6i
W
(19) "Flood elevation study" means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e.. mudflow) and/or flood -related erosion hazards.
Also known as a Flood Insurance Study (FIS).
(203-S) "Flood insurance rate map (FIRM)" means the official map on which the Federal
Insurance ^dRgiRistFat* Administrator has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
(21) "Floodplain administrator" means the community official designated by title to administer
and enforce the floodplain management regulations.
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(22-1-7) "Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height. Also referred to as
"Regulatory Floodway."eee feet.
23) "Functionally deaendent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers
and ship buildinE and ship reaair facilities. and does not include lone term storaee or related
manufacturing facilities.
(24) "Flood proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate risk of flood damage to real
estate or imaroved real DroDerty. water and sanitary facilities. structures. and their contents.
Flood proofed structures are those that have the structural integrity and design to be
impervious to floodwater below the Base Flood Elevation.
(25) "Habitat Assessment" means a written document that describes a project, identifies and
analyzes the proiect's impacts to habitat for species discussed in the "Endangered Species Act —
Section 7 Consultation Final Biological Opinion and Magnuson -Stevens Fishery Conservation
and Management act Essential Fish Habitat Consultation for the Implementation of the
National Flood Insurance Program in the State of Washington, Phase One Document — Puget
Sound Region," and provides an Effects Determination.
(26) "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(271 "Historic structure" means anv structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior;
or
b) Directly by the Secretary of the Interior in states without approved Droarams.
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(2819) "Increased cost of compliance" means a flood insurance claim payment up to $30,000
directly to a property owner for the cost to comply with floodplain management regulations
after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single
instance of "substantial damage" or as a result of "cumulative substantial damage."
(2919) "Lowest floor" means the lowest floor of the lowest enclosed areas (including
basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement area, is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter found in POMC
20.170.34,00330(2).
(30) "Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes, the term
"manufactured home" also includes park trailers, travel trailers and other similar vehicles
placed on site for greater than 180 consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers, travel trailers and other similar vehicles.
(3121) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
(32) "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the
vertical datum to which Base Flood Elevations shown on a communitv's Flood Insurance Rate
Mar) are referenced.
(3324) "New construction" means structures for which the start of construction commenced on
or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
ador)ted by a communitv and includes anv subseauent improvements to such structures. ef the
"Recreational Vehicle" means a vehicle:
1) Built on a single chassis;
2) 400 square feet or less when measured at the largest horizontal projection;
3) Designed to be self-propelled or permanently towable by a light duty truck; and
4) Designed primarily not for use as a permanent dwelling but as temporary living
auarters for recreational. campini7. travel. or seasonal use.
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(35) "Riverine flood risk area" means the area of flood hazard subject to inundation from
riverine sources. Riverine BFEs are determined using cross sections. Between cross sections,
BFEs are interpolated using flood profiles as described in the Flood Insurance Studv.
(36) "Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers or foundation
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the "actual start of construction" means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
(37) "Structure" means a walled and roofed building, including a gas or liquid storage tank that
is principally above ground, as well as a manufactured home.
(38) "Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
(39) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
1) Any project for improvement of a structure to correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the minimum necessary to
assure safe living conditions; or
2) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure." "Sub-stantial
d�hr' equals -�rex Ee e 5 �EFC e�1 t-6rf a �ir-Lcet�lznIzr"-"frt ig--+ruc+ur"-''r+�hrC
r
(b) if the stFueture has been damaged and is beffing Festered, befeFe the damage
e e e uiTcd.
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ee Rg e R ees, Whpt#e�r A-F
AAtt# toTterat+e„
d-imTe+A s+A—AsAf the—
-affects -the
-exteTra,
(40) "Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
(41) "Water -dependent" means a structure for commerce or industry which cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its operations.
....... ......
mmallNI
Article III. Administration
20.170.120 Development permit required.
A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in POMC 20.170.060. The permit shall be for all
structures including manufactured homes, as set forth in POMC 20.170.110, Definitions, and for
all development including fill and other activities, also as set forth in POMC 20.170.110.
20.170.130 Application for development permit.
Application for a development permit shall be made on forms furnished by the E+ty buildiRg
'Director and may include but not be limited to plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities and the location of the foregoing.
Specifically, the following information is required:
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(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
Floodplain Administrator,
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in POMC
20.170.319340; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed developmentL-
(5) Where development is proposed in a floodway, an engineering analysis indicating no rise of
the Base Flood Elevation; and
(6) Any other such information that may be reasonably required by the Floodplain
Administrator in order to review the application.
20.170.140 Designation of the eity building neffor6alFloodplain Administrator.
The eity building official Director is appointed to administer and implement this chapter by
granting or denying development permit applications in accordance with its provisions. The
Director may delegate authority to implement these provisions.
20.170.150 Duties and responsibilities of the eity bull iRg ^fflcia"Director.
Duties of the eity building efficial Director or designee shall include but not be limited to those
in POMC 20.170.160 through 20.170.23024 9.
20.170.160 Permit review.
The eity building effiegalDirectorshall:
(1) Review all development permits to determine that the permit requirements of this chapter
have been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained
from those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine that the site is reasonably safe from flooding.
(9�4) Review all development permits to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the provisions of POMC 20.170.-3400 are
met.
(5) Notify FEMA when annexations occur in the Special Flood Hazard Area.
20.170.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 20.170.060,
Basis for establishing the areas of special flood hazard, the eity building efficia IDirector shall
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obtain, review and reasonably utilize any base flood elevation and floodway data available from
a federal, state or other source, in order to administer POMC 20.170.290 through
20.170.449360, Specific standards, and 20.170.4400, Floodways.
20.170.180 Information to be obtained and maintained.
The Gity bUil iRg „ff;,.;-,lDirector shall:
Lj)_4}Where base flood elevation data is provided through the flood insurance study or
required as in POMC 20.170.170, obtain, and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(2�2) For all new or substantially improved flood_proofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in POMC
20.170.170stFurAu
(a) Obtain and maintain a record of VeFify and FeeeF'the actual elevation (in relation to
mean sea level); and
(b) Maintain the floodproofing certifications required in POMC 20.170.130(3).
(3) Certification required by POMC 20.170.-3400 (floodway encroachments).
(4) Records of all variance actions, including justification for their issuance.
5) Improvement and damage calculations.
(36) Maintain for public inspection all records pertaining to the provisions of this chapter.
20.170.190 Alteration of watercourses.
The Director ' shall:
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse; and submit evidence of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
20.170.200 Interpretation of FIRM boundaries.
The Gity 1361il iRg eff;rC;a'Director shall make interpretations where needed as to exact location
of the boundaries of the areas of special flood hazard (for example, where there appears to be
a conflict between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Article IV of this chapter.
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20.170.210 Review of building permits.
Where elevation data is not available either through the flood insurance study or from another
authoritative source (POMC 20.170.170), applications for building permits shall be reviewed to
assure that proposed construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available. Failure to elevate at least two feet above
grade in these zones may result in high insurance rates.
20.170.220 Changes to Special Flood Hazard Area
If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall
provide the community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of
Map Change, then the project approval shall be conditioned accordingly.
20.170.230 Habitat Assessment —When Required
A development permit application shall include a habitat assessment unless the project is, in its
entirety, one of the following activities:
1) Normal maintenance, repairs, or remodeling of structures, such as re -roofing and
replacing siding, provided such work is not a substantial improvement or a repair of substantial
damage. To comply, such work must be less than 50% of the value of the structure(s).
2) Expansion or reconstruction of an existing structure that is no greater than 10% bevond
its existing footprint. If the structure is in the floodway, there shall be no change in the
structure's dimensions perpendicular to flow. All other federal and state requirements and
restrictions relating to floodway development still apply.
3) Activities with the sole purpose of creating, restoring, or enhancing natural functions
associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas
that meet federal and state standards. provided the activities do not include structures.
grading, fill, or impervious surfaces.
4) Development of open space and recreational facilities, such as parks, trails, and hunting
grounds, that do not include structures, fill, impervious surfaces, or removal of more than 5% of
the native vegetation on that portion of the property in the floodplain.
5) Repair to onsite septic systems, provided ground disturbance is the minimal necessary
and best management practices (BMPs) to prevent stormwater runoff and soil erosion are
used.
6) Projects that have already received concurrence under another permit or other
consultation with the Services, either through Section 7, Section 4d, or Section 10 of the
Endangered Species Act (ESA) that addresses the entirety of the project in the floodplain (such
as an Armv Corps 404 permit or non -conversion Forest Practice activities includine anv
interrelated and interdependent activities.).
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7) Repair of an existing, functional bulkhead in the same location and footprint with the
same materials when the Ordinary High Water Mark (OHWM) is still outside of the face of the
bulkhead (i.e. if the work aualifies for a Corps exemption from Section 404 coverage).
Article IV. Flood Damage Prevention Variances and Appeals
20.170.235. Variances and Appeals — Type III Procedures. Permits issued by the Director under
this Chapter are appealable under POMC 20.170.240. Applications for variances from the
provisions in this Chapter shall utilize the process and the criteria in POMC 20.170.250 in lieu of
the requirements of POMC 20.28. Both appeals and variances hereunder shall be processed per
the Type III procedures contained in POMC 20.22.050. The Director shall maintain the records
of all appeal actions and report any variances to the Federal Insurance Administration upon
request.
20.170.24-10 Appeal of Permits Under this Chapter. AppeaPaGafel,
(1) The hearing examinerappeal beaFd shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the s+ty buildiRg
e##+E+a'Director in the enforcement or administration of this chapter.
(2) The appeal beaFd shall he-ar and deeide appeals wheR alleged theree is an eirreF — Y ,
appeal such decisien to the supeFieF ee ed�&�+tle 35.
(24) In passing reviewing and considering 4p-E - such appealapplicatiens, the hearing
examinerappeal beaFd shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
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(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(3§) Upon consideration of the factors of subsection (24) of this section and the purposes of
this chapter, the hearing examinerappeal bOaFd may attach such conditions to the granting of
VaFiaRees the permit as it deems necessary to further the purposes of this chapter.
(6) The eity building eff*e-*aIDarPcqAr shall maintain the rpc-.RFds ef all appeal aetieRs @Rd FepeFt
-,n,, vaFi-,Ree-s to the P,,,-, ral Ins,,,-- pee d—pn;nistF tieR „pen ~, est (4) A party of record that
is a22rieved by the decision of the hearing examiner may aDDeal such decision to the superior
court, as provided in Chapter 36.70C RCW.
20.170.25-20 Flood Damage Prevention Variances; Conditions for:��-sApproval.
(1) Applications to modify the requirements of this chapter shall require a variance permit.
(2) General. Variances shall only be issued upon a demonstration that the application meets all
of the following criteria:
(a) ��The variance will not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and land use district of the
subject property;
(b) The variance is necessary because of special circumstances relating to the size,
shape, topography, location, or surroundings of the subject property to provide it with use
rights and privileges permitted to other properties in the vicinity and in the land use district of
the subject property; and
(c) The applicant has demonstrated good and sufficient cause;
(d) Failure to grant the variance would result in exceptional hardship to the applicant;
(e) The granting of the variance will not be materially detrimental to property or
improvements in the immediate vicinity of the subject property;
(f) Granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
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the public or conflict with existing local laws or ordinances. In making this determination, the
hearing examiner shall consider the items contained in POW 20.170.240(2)(a) through (2)(k);
(g) The variance granted is the minimum necessary, considering the flood hazard, to
afford relief; and
(g) The variance is not inconsistent with the Comprehensive Plan.
(3) Variance from elevation standard limited. Tthe only condition under which a variance from
the elevation standard may be issued is for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the items in POW
20.170.24-10(42)(a) through (42)(k) have been fully considered. As the lot size increases, the
technical justification required for issuing the variance increases.
(2�4) Historic Places. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set forth in this section.
(9�5) Variances within designated floodway. Variances shall not be issued within a designated
floodway if any increase in flood levels during the base flood discharge would result.
(46 ) Variances shall enly be issued upen a deteFrninatien that the variance is the Fninimurn
necessary, hazard, the ed
to afford relief.
MAMOLLOM
�s
}Interpretation. Variances as interpreted in the National Flood Insurance Program are based
on the general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(n�4 Non-residential variances limited. Variances may be issued for nonresidential buildings in
very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-
floodproofing, where it can be determined that such action will have low damage potential,
complies with all other variance criteria except subsection (13) of this section, and otherwise
complies with POW 20.170.240 and 20.170.250.
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(8g) Any applirzaRt to whem a variance +,-granted shall contain be-ga _written notice
alerting the applicant that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation.
(9) A party of record that is aggrieved by the decision of the hearing examiner on a variance
application may appeal such decision to the superior court. as provided in Chapter 36.70C RCW.
Article V. Provisions for Flood Hazard Reduction
20.170.26-0 General standards.
In all areas of special flood hazards, the standards in POMC 20.170.2740 through
20.170.3102-0 are required.
20.170.2740 Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to
ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas"
guidebook for additional techniques).
20.170.28-50 Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
20.170.290 Storage of Materials and Equipment
(1) The storage or processing of materials that could be incurious to human, animal, or plant life
if released due to damage from flooding is arohibited in special flood hazard areas.
(2) Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the
time available after flood warning.
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20.170.300240 Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(3) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding; and
(4) Water wells shall be located on high ground that is not in a floodway.
20.170.3102-7-0 Development and Subdivision proposals.
4}All development, including subdivision proposals, shall:
(1) 4&Be consistent with the need to minimize flood damage;
(2) All subdivisien pFepesals shall have Have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(3) All pFepesals <"-,II "Have adequate drainage provided to reduce exposure to
flood damage; and
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or five acres (whichever is less).
Where elevatoen data is not avaglable eitheF thFaugh the fleed insurance study eF fFenq aneth
autheritat.ve seuree (PQMC 20.17-0.17-0), applications feF building permits shall be Feviewed t,
i •i
20.170.3202-N Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in POMC 20.170.060, Basis for establishing the areas of special flood hazard, or POMC
20.170.170, Use of other base flood data, the provisions in POMC 20.170.3300 through
20.170.36-30 are required.
20.170.3300 Residential construction.
(1) In riverine flood risk areas zoned AE or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial improvement of
any residential structure shall have the lowest floor, including basement, elevated one foot or
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more above the BFE. Mechanical equipment and utilities shall be waterproofed or elevated at
least one foot above the BFE.
In coastal flood risk areas zoned AE where the BFE has been determined or can be
reasonably obtained, new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated two feet or more above the
BFE. Mechanical equipment and utilities shall be waterproofed or elevated at least two feet
above the BFE.
(3) New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall
be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet
above the Highest Adjacent Grade.
(4) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs must meet or exceed the following
minimum criteria:
a) Have a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding.
b) The bottom of all openings shall be no higher than one foot above grade.
c) Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwater.
d) A garage attached to a residential structure, constructed with the garage floor slab
below the BFE. must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
Ir,4.9,,r+ flAeF iRGIUdiRg has.,.,-,em eIP;9;#P.d APP fRAt Ar MArP RhAVP h;';., fIAA d .,I "-,+O. p
VNIMMININ
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own
20.170.34-10 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet the following reauirements:
(1) Meet the standards in POMC 20.170.3030, or
(2) In riverine flood risk areas, if the requirements of POMC 20.170.3300 are not met, then
new construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall meet all of the following reauirements:
a) Be dry flood proofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation reauired by ASCE 24. whichever is greater:
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buovancv:
c) Be certified by a registered arofessional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design. specifications. and plans. Such certifications shall be provided to the official as set
forth in POMC 20.170.180(3):
d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POMC 20.170.3030:
(3) In coastal flood risk areas, if the requirements of POMC 20.170.3030 are not met, then
new construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following reauirements:
a) Be dry flood proofed so that below two feet or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or dry
flood proofed to the elevation reauired by ASCE 24. whichever is greater:
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
c) Be certified by a registered arofessional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design. specifications and clans. Such certifications shall be arovided to the official as set forth
in POMC 20.170.180(3);
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d) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in POMC 20.170.3030;
(Applicants who are flood proofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed level
(e.g., a building flood proofed to the base flood level will be rated as one foot below). Flood
aroofine the buildine an additional foot will reduce insurance aremiums.)
New censtructien and substantial of any commercial, industrial eF et
nenFes*dentoal struetuFe shall either have the lewest fleeF, iReluding basement, elevated ene
feet eF nqeFe abeve the level ef the base fleed elevatien; er, tegetheF with attendant Utility an4-
r itaFy facilities shall,
(1) Be fleedpFeefed se that below ene feet above the base fleed level the structure i
ate,r+igh+ with walls substantially inq able, to the passage of wale r•
i
offe -+S .,f b u.,.,-,. a y;
spee
---uFal design, net fleedpreefed, must meet the same
space tandaFds fer heelew the lewe st flee.,, -as de,seribed OR
DQMG 20 9 7n 390(2).
(5) Applicants fleedpFeefing nenFesidential buildings shall be notified that fleed insuFanee
will be based en Fates that aFe ene feet belew the fleedpreefed level (e.g., a building-
eenstFur=ted te ene feet abeve the base fle-e-al level will be Fated at the base fleed level). (QFd.
20.170.35-20 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits
of the base floodplain. Construction of new critical facilities shall be permissible within the base
floodplain if no feasible alternative site is available. Critical facilities constructed within the base
floodplain shall have the lowest floor elevated to three feet or more above the level of the base
flood elevation at the site or to the height of the 500-year flood, whichever is higher. Access to
and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to insure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated to or above the level of the
base floodplain shall be provided to all critical facilities to the extent possible.
20.170.3630 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Al-30, AH and AE
subject to riverine flooding shall be elevated on a permanent foundation such that the lowest
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floor of the manufactured home is one foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation system in accordance with the
provisions of POMC 20.170.2-48270(2).
All manufactured homes to be placed or substantially improved within the coastal flood risk
area shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is two feet or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
POMC 20.170.�40270(2).
20.170.370" Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 100 consecutive days;
(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick -disconnect utilities and security devices, and have no permanently attached
additions; or
(3) Meet the requirements of POMC 20.170.4-3-9-360 and the elevation and anchoring
requirements for manufactured homes.
20.170.380 Enclosed Area Below the Lowest Floor
If buildings or manufactured homes are constructed or substantially improved with fully
enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles,
building access, or storage.
20.170.390 Small Accessory Structures (Detached Garages & Small Storage Structures)
(1) In A, AE, Al-30, AH, and AO flood zones, small accessory structures (less than or equal to the
size of a one story, two car garage) used solely for parking of vehicles or limited storage may be
constructed such that the floor is below the BFE, provided the structure is designed and
constructed in accordance with the following requirements:
a) Use of the small accessory structure must be limited to parking of vehicles or limited
storage;
b) The portions of the small accessory structure located below the BFE must be built using
flood resistant materials;
c) The small accessory structure must be adequately anchored to prevent flotation, collapse,
and lateral movement;
d) Any machinery or equipment servicing the small accessory structure must be elevated or
flood proofed to or above the BFE;
e) If located in a floodway, then the small accessory structure must comply with floodway
encroachment provisions in POMC 20.170.-340400;
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f) The small accessory structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with Section POW 20.170.3030(4).
g) The structure shall have low damage potential, and
h) If the structure is converted to another use, it must be brought into full compliance with
the standards governing such use.
0 The structure shall not be used for human habitation.
(2) Detached garages, storage structures, and other small accessory structures not meeting the
above standards must be constructed in accordance with all applicable standards in POMC
20.170.3930.
Upon comDletion of the structure. certification that the reauirements of this section have
been satisfied shall be provided to the Floodplain Administrator for verification.
20.170.400349 Floodways.
Located within areas of special flood hazard established in POMC 20.170.060 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the provisions in
this section apply.
(1) No rise standard. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development, unless certification by a registered professional
engineer or architect is provided demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that encroachments shall not
result in any increase in flood levels during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for:
(a) Repairs, reconstruction, or improvements to a structure which do not increase the
ground floor areas; and
(b) Repairs, reconstruction, or improvements to a structure the cost of which does not
exceed 50 percent of the market value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(ii) If the structure has been damaged and is being restored, before the damage
occurred. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure
safe living conditions, or to structures identified as historic places, may be excluded in
the 50 percent.
Any project for improvement of a structure to correct existing violations of state or local health,
sanitarv. or safetv code specifications which have been identified by the local code
24
Page 99 of 249
Agenda
enforcement official and which are the minimum necessary to assure safe living conditions, or
to structures identified as historic places, may be excluded in the 50 percent. `A.IArk HAPP ^^
stFwetwFes te cemply with exqstqRg health, saRitaFy eF safety cedes eF te stFuetyFes ide—ptified- as;
histeFie plQEes- shall -RA1= b s; d-ed-OR the 50 peFeCTr
(3) Substantially Damaged Residences in Floodway
(a) For all substantially damaged residential structures located in a designated floodway,
the Floodplain Administrator may make a written request that the Department of Ecology
assess the risk of harm to life and property posed by the specific conditions of the floodway.
Based on analysis of depth, velocity, flood -related erosion, channel migration, debris load
potential, and flood warning capability, the Department of Ecology may exercise best
professional judgment in recommending to the local permitting authority repair, replacement,
or relocation of a substantially damaged structure consistent with WAC 173-158-076. The
property owner shall be responsible for submitting to the local government and the
Department of Ecology any information necessary to complete the assessment. Without a
favorable recommendation from the department for the repair or replacement of a
substantially damaged residential structure located in the regulatory floodway, no repair or
replacement is allowed per WAC 173-158-070(1).
b) Before the repair. replacement. or reconstruction is started. all reauirements of the
NFIP, the state requirements adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions must be met:
(i) There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
ii) A replacement residential structure is a residential structure built as a substitute
for a legally existing residential structure of equivalent use and size.
iii) Repairs. reconstruction. or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
(iv) The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot hieher than the BFE.
(v) New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
NO New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of floodwater into the system and discharge from
the system into the floodwaters.
(vii) All other utilities and connections to public utilities are designed, constructe
and located to eliminate or minimize flood damage.
25
Page 100 of 249
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(9�4) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this article.
20.170.410 General Requirements for Other Development
All development, including manmade changes to improved or unimproved real estate for which
specific provisions are not specified in this ordinance or the state building codes with adopted
amendments and any City of Port Orchard amendments, shall:
(1) Be located and constructed to minimize flood damage:
(2) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;
(3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage -resistant materials;
(5) Meet the flood opening requirements of POMC 20.170.3380(4) and
(6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet
the requirements of ASCE 24, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
20.170.4203-59 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated with
the destruction or modification of wetlands, especially those activities which limit or disrupt the
ability of the wetlands to alleviate flooding impacts. The following process should be
implemented:
(1) Review proposals for development within base floodplains for their possible impacts on
wetlands located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect public
safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm
drainage.
(3) Request technical assistance from the Department of Ecology in identifying wetland areas.
Existing wetland map information from the National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland
areas deserving special attention.
i theFefeFe,
P FeVicieRS in this ehapteF the fell„. iRg n -shall able apply:
26
Page 101 of 249
Back to Agenda
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and wateF leads acting simultaneeusly en all building cempenents (stFuetwal and
nenstFuetwal). Maximum wind and wateF leading values te be used On this deteFrninatien
27
Page 102 of 249
Back to Agenda
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Page 103 of 249
;W 4
a
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7B
Back to Agenda
Meeting Date: November 9, 2021
Subject: Adoption of a Resolution Ratifying the Prepared by: Nicholas Bond, AICP
2021 Amendments to the Kitsap Development Director
Countywide Planning Policies Atty Routing No.: Development -Matter 11
Atty Review Date
October 15, 2021
Summary: Countywide Planning Policies (CPPs) are required for each county that is required to plan under
the state Growth Management Act (RCW Chapter 36.70a). The CPPs are reviewed and amended at least
every five years. In 2020-2021, the Kitsap Regional Coordinating Council (KRCC) updated Kitsap County's CPPs
for consistency with Vision 2050, the multi -county planning policies prepared by the Puget Sound Regional
Council (PSRC). Updates to the CPPs were also made to ensure consistency with changes in state law that
have occurred since the CPPs were last updated in 2015. Kitsap County approved the amended CPPs in
Ordinance No. 601-2021 on October 11, 2021, and forwarded the CPP amendments to the Kitsap County
cities (Bainbridge Island, Bremerton, Port Orchard, Poulsbo) for ratification. The CPP amendments will
become effective upon ratification by at least three of the cities.
Relationship to Comprehensive Plan: The City's Comprehensive Plan must be made consistent with the
countywide planning policies during the 2024 periodic update to the Comprehensive Plan.
Recommendation: City staff recommends that the City Council approve a Resolution ratifying the 2021
amendments to the Countywide Planning Policies.
Motion for consideration: "I move to adopt a Resolution ratifying the 2021 amendments to the Countywide
Planning Policies."
Fiscal Impact: None.
Alternatives: Do not ratify the Countywide Planning Policy amendments.
Attachments: Resolution, KC Ord. No. 601-2021 (2021 Adopted Countywide Planning Policies), and KRCC
Board Summary memo
Page 104 of 249
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RATIFYING THE
PROPOSED 2021 AMENDMENTS TO THE COUNTYWIDE PLANNING POLICIES
SUBMITTED BY THE BOARD OF THE KITSAP REGIONAL COORDINATING COUNCIL
AND APPROVED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS.
WHEREAS, the Growth Management Act (GMA), RCW 36.70A, requires that each county
planning under GMA must adopt countywide planning policies to be used as a framework from
which county and city comprehensive plans are developed and adopted; and
WHEREAS, in May 1992, the Kitsap Regional Planning Council, made up of elected officials
of the county, cities, and tribes of Kitsap County, adopted the first countywide planning policies
pursuant to GMA; and
WHEREAS, the adopted countywide planning policies are reviewed and amended as
necessary at least every five years through the Kitsap Regional Coordinating Council (KRCC); and
WHEREAS, in 2020, the KRCC began an update process for the countywide planning
policies, to revise them for consistency with the Puget Sound Regional Coordinating Council's
(PSRC) Vision 2050, and changes in state law that have occurred since the countywide planning
policies were last updated in 2015, through multijurisdictional collaboration including planning
staff, planning commissioners and council and board members; and
WHEREAS, on July 6, 2021, the KRCC held a public hearing on the proposed revisions to the
countywide planning policies; and
WHEREAS, on July 19, 2021, the KRCC forwarded the proposed revisions to the countywide
planning policies to Kitsap County to begin the County's review process; and
WHEREAS, on July 29, 2021, a State Environmental Protection Act (SEPA) programmatic
checklist was completed and submitted to the Kitsap County SEPA official; and
WHEREAS, on August 17, 2021, the Kitsap County SEPA Official issued a Determination of
Non -significance. A fourteen -day appeal period was opened and no appeals were submitted by
the requisite date; and
WHEREAS, on September 27, 2021, the Kitsap County Board of Commissioners held a
hearing to consider the proposed revisions to the countywide planning policies; and
WHEREAS, the Kitsap County Board of Commissioners adopted Ordinance No. 601-2021,
amending the countywide planning policies, and these policies were then forwarded to the city
jurisdictions for ratification; now, therefore;
Page 105 of 249
Back to Agenda
Resolution No.
Page 2 of 92
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council of the City of Port Orchard, Washington, hereby ratifies the Kitsap
countywide planning policies, as adopted via Kitsap County Ordinance 601-2021, dated
October 11, 2021 (Exhibit A).
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro-Tem and
attested by the City Clerk in authentication of such passage this 8th day of November 2021.
Bek Ashby, Mayor Pro -Tern
ATTEST:
Brandy Rinearson, MMC, City Clerk
ATTACHMENT: Kitsap County Ordinance 601-2021
Page 106 of 249
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ORDINANCE NO._bl% -2021
RELATING TO THE GROWTH MANAGEMENT ACT AND AMENDING THE KITSAP
COUNTYWIDE PLANNING POLICIES
Be it Ordained:
Section 1. The Kitsap County Board of Commissioners makes the following findings:
1. Pursuant to RCW 36.70A.210 of the Washington State Growth Management Act (GMA),
the Kitsap Countywide Planning Policies (CPPs) are intended to establish a countywide
planning framework from which the County and the cities of Bainbridge Island, Poulsbo,
Bremerton and Port Orchard (Cities) develop their respective comprehensive plans.
2. The Kitsap Regional Coordinating Council (KRCC) is established by an inter -local
agreement as a regional body comprised of members from Kitsap County and the cities of
Bainbridge Island, Poulsbo, Bremerton, Port Orchard, as well as the Suquamish Tribe, Port
Gamble/S'Klallam Tribe, Port of Bremerton, Port of Kingston, Naval Base Kitsap and Kitsap
Transit. One function of KRCC is to facilitate the review and proposed updates to the CPPs.
3. The CPPs address topics such as Countywide Growth Patterns; Urban Growth Areas;
Centers of Growth; Rural Land Use and Development Patterns; the Natural Environment;
Contiguous, Compatible and Orderly Development; Public Capital Facilities and Essential
Public Facilities; Transportation; Housing; Economic Development; Coordination with
Tribal and the Federal Governments and much more.
4. Appendix A of the adopted CPPs outline the process for adoption and ratification by KRCC
member jurisdictions.
5. Kitsap County and the Cities are member jurisdictions of Puget Sound Regional
Coordinating Council (PSRC) along with King, Pierce and Snohomish counties and
cities. PSRC is a Metropolitan Planning Organization (MPO) and Regional
Transportation Planning Organization (RTPO). Per PSRC's inter -local agreement,
Kitsap's CPPs must be certified by PSRC to ensure consistency with multi -county
planning policies as well as local comprehensive plans which must also receive
certification including local transportation elements.
6. In October 2020, PSRC adopted Vision 2050 as the multi -county planning policies
pursuant to RCW 36.70A.210 (7). MPP-RC-13 requires that regional CPPs must
be reviewed and updated, where appropriate to ensure consistency, no later
than December 31, 2021.
Kitsap Countywide Planning Policy Ordinance
Page 107 of 249
Section 2. General Procedural Findings. The Kitsap County Board of Commissioners
makes the following findings regarding process and public participation:
1. Between September 2020-May 2021, KRCC embarked on a process to review
and revise the CPPs consistent with Vision 2050 and any state law changes that
occurred since they were last updated in 2015. Proposed revisions were
reviewed by several technical and policy committees were within KRCC.
2. KRCC, following proper public notice, hosted a public and agency comment
period from May 7 to June 25, 2021 on the proposed draft to the CPPs.
3. On July 6, 2021, the KRCC Board, following proper public notice, held a public
hearing on the proposed CPPs revisions. Following the close of the public
hearing, the KRCC Board deliberated and recommended changes to the Kitsap
County Board of Commissioners.
4. On July 19, 2021, KRCC formally transmitted the recommended CPPs revisions to
the Kitsap County Board of Commissioners.
5. On July 29, 2021, a State Environmental Policy Act (SEPA) checklist was prepared
and submitted to the Kitsap County SEPA Official who is the lead agency for CPP
SEPA review pursuant to Appendix A of the CPPs.
6. On August 17, 2021, the Kitsap County SEPA Official issued a Determination of
Nonsignifcance (DNS). A fourteen -day comment and appeal concluded on
September 2, 2021. Two comments were received. In response to comments, a
SEPA Addendum was issued on September 29, 2021.
7. On September 27, 2021, following timely and effective notice, the Kitsap County
Board of Commissioners held a public hearing on the proposed adopting
ordinance and KRCCs recommended revisions on the CPPs.
On October 6, 2021, the Kitsap County Board of Commissioners held a
regularly scheduled and properly noticed meeting to consider and deliberate
on the proposed amendments to the CPPs.
Section 3. NOW THEREFORE, BE IT FURTHER ORDAINED that the Kitsap County Board
of Commissioners find that the following proposed revisions to the CPPs are consistent
with Vision 2050, the GMA and adopts Attachment A.
Section 4. Typographical/Clerical Errors. Should any amendment made to this that was
passed by the Board of Commissioners during its deliberation be inadvertently left out
of the final printed version, the explicitly action of the Commissioners as discussed and
Kitsap Countywide Planning Policy Ordinance
Page 108 of 249
Back to Agenda
passed shall prevail upon subsequent review and verification by the Commissioners and
shall be corrected.
Section 5. Effective date. This Ordinance shall take effect immediately and, pursuant to
Appendix A of the adopted CPPs, the CPP revisions in Attachment A shall take effect
following ratification by at least three cities located within the County.
Section 6. Severability. If any provision of this Ordinance or its application to any
person, entity or circumstance is for any reason held invalid, the remainder of the
Ordinance, or the application of the provision to other persons, entities or
circumstances is not affected.
Dated this it day of oCWO efJ 2021
ATTEST:
Dana Daniels, Clerk of the Board
Approved as to form:
K' sa my Prosecutor's Office
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
ROBERT GELDER, hair
EDWARD E. WOLFE, CommissiorVr
r
CHARLOTTE GARRIDO, Commissioner
Kitsap Countywide Planning Policy Ordinance
Page 109 of 249
3
Back to Agenda
Page 110 of 249
DUNTYWIDE PLP
nI ICIES -DRAFT
Ilk
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4
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Kitsap County
Draft Countywide Planning Policies (CPPs)
KRCC Board recommended version
Adopted Kitsap Countywide Planning Policies
Amended and Adopted X
Attached are the Kitsap Countywide Planning Policies as adopted by the
Kitsap County Board of Commissioners by ordinance on [add date]
(Ordinance X_). The Countywide Planning Policies, as revised, are
currently in effect in Kitsap County.
The Kitsap Countywide Planning Policies are the framework for growth
management in Kitsap County. Under the Growth Management Act, the Puget
Sound Region is defined as King, Kitsap, Snohomish, and Pierce Counties.
The Puget Sound Regional Council is responsible for developing the four -
county regional transportation and land use vision. The Kitsap Countywide
Planning Policies tailor the Puget Sound Regional Council's regional growth
management guidelines to Kitsap County and are the policy framework for the
County's and the Cities' comprehensive plans. The Kitsap Countywide
Planning Policies address 14 separate elements, ranging from urban growth
areas to affordable housing.
The Countywide Planning Policies are required by the Growth Management
Act and may be appealed (only) by Cities and the Governor of Washington.
The original Kitsap Countywide Planning Policies (adopted by Kitsap
County in 1992) and subsequent revisions (August 2001, December 2003,
November 2004, November 2007, November 2011, November 2013, May
2015, and X, 2021) were developed through a multi jurisdictional
collaboration sponsored by the Kitsap Regional Coordinating Council
among Kitsap County, the Cities of Bremerton, Bainbridge Island, Port
Orchard & Poulsbo, the Suquamish & Port Gamble S'Klallam Tribes, the
Navy, the Port of Bremerton, and Kitsap Transit.
Kitsap County is the lead agency for its environmental review.
Adopted by Kitsap County Ordinance X
X. 2021
Page 113 of 249
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CONTENTS
Page
Introduction includinL, policies for Countvx ide Planning; Policy update and ratification (UR) ....3
POLICY ELEMENTS
A. Count ide Growth Pattern 1 CW r................................................................................8
B. Urban Growth Areas (UGA)........................................................................................12
C. Centers of Growth (C)..................................................................................................19
D. Rural Land Uses and Development Patterns � Rt...........................................................22
E. Natural Environment (NE)..............................................................................
F. Contiguous. Compatible, and Orderly Development D)..............................................30
G. Public Capital Facilities and Essential Public Facilities (CF).......................................34
H. Transportation (T).........................................................................................................38
I. Housing (AH)................................................................................................................45
J. Count,.�� ide Economic Development (ED).................................................................. 49
K. An Anah sis of the Fiscal Impact (FI)...........................................................................52
L. Coordination with Tribal Governments (CT).............................................................. 54
M. Coordination with Federal Government includinL, Na. v (CF)....................................56
N. Roles & Responsibilities (RR)......................................................................................59
APPENDICES................................................................................................................................ 63
A. Ratification Process.......................................................................................................a
B. Population and Employment Distribution.....................................................................b
C. Centers of Growth.........................................................................................................c
D. List of Centers...............................................................................................................d
E. Current Organizational Interlocal Agreement..............................................................e
FA
Adopted by Kitsap County Ordinance X
X. 2021
Page 114 of 249
F)duction (UF
TARI F Or rONTFNTS
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INTRODUCTION (UR)
The Growth Management Act (GMA) is founded on the principle that it is in the best interest of the
citizens of the State to foster coordination and cooperation among units of local and state government.
Cities and counties must engage in a collaborative planning process under the requirements of the Act.
Specifically, the Act states that "THE LEGISLATURE FINDS THAT UNCOORDINATED AND UNPLANNED
GROWTH... POSE A THREAT TO THE ENVIRONMENT, SUSTAINABLE ECONOMIC DEVELOPMENT, AND THE
HEALTH, SAFETY, AND HIGH QUALITY OF LIFE ENJOYED BY RESIDENTS OF THE STATE. IT IS IN THE PUBLIC
INTEREST THAT CITIZENS, COMMUNITIES, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE AND
COORDINATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING. " To guide the development of
comprehensive plans and development regulations, the GMA sets forth planning goals (RCW
36.70A.020) in 13 areas:
1. Urban Growth
2. Reduce Sprawl
3. Transportation
4. Housing
5. Economic
Development
6. Property Rights
7. Permits
8. Natural Resource Industries
9. Open Space and Recreation
10. Environment
11. Citizen Participation and
Coordination
12. Public Facilities and Services
13. Historic Presentation
The Growth Management Act (RCW 36.70A.210) states that "A COUNTYWIDE PLANNINGPOLICYISA
WRITTEN P OLIC Y S TA TEMENT OR STATEMENTS USED SOLELY FOR ESTABLISHING A COUNTYWIDE FRAMEWORK
FROM WHICH COUNTYWND CITY COMPREHENSIVE PLANS ARE DEVELOPED AND ADOPTED ... (TO) ENSURE
THAT CITYAND COUNTY COMPREHENSIVE PLANS ARE CONSISTENT... "as required in RCW 36.70A.100.
"NOTHING IN THIS DOCUMENT SHALL BE CONSTRUED TO ALTER THE LAND USE POWERS OF CITIES. " The
Act requires that the countywide policy be collaboratively developed among Cities and the County.
Further, "FEDERAL AGENCIES AND INDIAN TRIBES MAYPARTICIPATE IN AND COOPERATE WITH THE
COUNTYWIDE PLANMNG POLICYADOPTIONPROCESS. " These policies may also be used for other purposes
requiring collaboration and cooperation in addition to the development and adoption of comprehensive
plans.
Vision 2050 (adopted by the Puget Sound Regional Council on October 29, 2020) serves as the long-
range growth management, environmental, economic development, and transportation strategy for
King, Kitsap, Pierce, and Snohomish Counties. Vision 2050 includes the Regional Growth Strategy,
Multi -County Planning Policies (RCW 36.70A.210), and implementation actions.
The 1992 Kitsap Countywide Planning Policies and subsequent revisions in 2001, 2003, 2007, 2011,
2013, 2015, and 2021, were developed by a committee of planners and public works officials
representing Kitsap County, the City of Bremerton, the City of Port Orchard, the City of Poulsbo, the
City of Bainbridge Island, the Port Gamble S'Klallam Tribe, the Suquamish Tribe, the Navy, and
Kitsap Transit. The Kitsap Regional Coordinating Council conducted a public hearing and prepared a
recommendation for adoption by the Kitsap County Board of Commissioners and ratification by the
Cities and Tribes. The process of review and discussion through the Kitsap Regional Coordinating
Council forum is intended to foster consensus whenever possible. County and City comprehensive
plans shall be consistent with the adopted Countywide Planning Policies.
4 Adopted by Kitsap County Ordinance X
X. 2021
Page 116 of 249
ONTENTS
Kitsap Countywide Planning Policies Vision Statement
The Kitsap Countywide vision continues the qualities of life that make our County a welcoming
place to live and work for all in Kitsap. We strive to protect our natural systems; preserve the
character of our smaller communities; respect community and Tribal histories; and create an
economy that supports all and contributes to equitable places, efficient transportation, accessible
broadband, and affordable housing choices.
Objectives:
We work on strategies to achieve the following objectives:
a. Livable urban communities that are centers for employment, civic activities, and homes:
• Attractive, livable urban neighborhoods that are bike/pedestrian-friendly and offer a range
of services, housing, and transportation options.
• Cities that are centers for employment, affordable housing, and cultural activities.
b. A vital and diversified economy that provides career pathways and living wage jobs for
residents, supported by adequate buildable lands for a range of employment uses.
c. An efficient multi -modal transportation system: Accessible roads and highways, transit, ferries,
airports, and nonmotorized travel — supporting our land use pattern while providing mobility for
residents.
d. Natural systems protection: Respect the natural environment, including natural resource lands
such as forests, wetlands, wildlife habitat, streams, and the Puget Sound — as well as the quality of
our waters, land, and air. In addition, maintain a system of open space, trails, parks, and greenbelts
providing opportunities to spend time outdoors and to learn about the environment.
e. Rural Character: Maintain the traditional appearance, economic, and ecological functions of
Kitsap's rural communities, to include the production and distribution of locally grown food.
f. An Efficient and Responsive Government: An efficient and responsive government that partners
with citizens and other governmental entities to meet collective needs fairly; while supporting
education, environmental protection, and human services.
Action:
A key strategy to accomplish this vision is to encourage future urban growth within incorporated
Cities and unincorporated areas already characterized by urban growth, with existing and planned
services and facilities. These actions strengthen our environmental and rural assets, focus public
expenditures, and encourage concentrated development where appropriate.
How to read the Countywide Planning Policies
The policies within the Countywide Planning Policies (CPPs) have equal importance, and each one
should be understood in the context of the entire document. The CPPs specify how directive a
policy should be. Many of the policies utilize one of three different words to do this; shall, should,
and may and are defined as follows:
Adopted by Kitsap County Ordinance X
X. 2021
Page 117 of 249
^c CONTENTS
ma"Wda
• "Shall" means implementation of the policy is mandatory and imparts a higher degree of
substantive direction than "should." "Shall" is used for policies that repeat State of Washington
requirements or where the intent is to mandate action. However, "shall" cannot be used when it is
largely a subjective determination of whether a policy's objective has been met.
• "Should" means implementation of the policy is expected, but its completion is not mandatory.
The policy is directive with substantive meaning, although to a lesser degree than "shall" for two
reasons. (1) "Should" policies recognize the policy might not be applicable or appropriate for all
municipalities due to special circumstances. The decision to not implement a "should" policy is
appropriate only if the implementation of the policy is either inappropriate or not feasible. (2) Some
"should" policies are subjective; hence, it is not possible to demonstrate that a jurisdiction has
implemented them.
• "May" means the actions described in the policy are either advisable or are allowed. "May" gives
permission and implies a preference. Because "may" does not have a directive meaning, there is no
expectation that the described action will be implemented.
Policies for Update and Ratification (UR):
UR-1 The Kitsap Countywide Planning Policies should be dynamic and regularly monitored for
applicability and effectiveness.
a. The adopted Countywide Planning Policies should be reviewed through the Kitsap Regional
Coordinating Council process before each required comprehensive plan update as required by
RCW 36.70A.130. Policy revisions shall be reviewed for impacts according to the State
Environmental Policy Act (SEPA), consistency with the Puget Sound Regional Council
(PSRC) Multicounty Planning Policies (MPPs), and shall be consistent with the State Growth
Management Act (GMA).
b. The County or a City may propose a policy amendment to the Countywide Planning Policies.
UR-2 Proposed amendments should be considered on a regular basis, and voting is subject to the
Kitsap Regional Coordinating Council by-laws. The ratification process is outlined in Appendix A
and includes, but is not limited, to the following steps.
a. Kitsap County shall take action to consider and adopt amendments or revisions to the
Countywide Planning Policies following a recommendation from the Kitsap Regional
Coordinating Council.
b. The Kitsap Regional Coordinating Council will strive for ratification by all Cities and Tribes
during the 90 days following the Board of County Commissioners' adoption of its subject
ordinance. The adopted CPP will become effective upon ratification by three or more Cities in
Kitsap County.
c. A City or Tribal council that does not ratify the revised Countywide Planning Policies within
90 days of the Board of County Commissioners' adoption of its subject ordinance shall provide
a written statement of its objections to the Kitsap Regional Coordinating Council in order to
facilitate further review. (See Appendix A for process flowchart).
d. Once the ratified revisions to the Countywide Planning Policies take effect, a city or the
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Governor's office may appeal the revisions to the Growth Management Hearings Board within
a further 60-day period.
UR-3 Proposed amendments to Appendices and voting are subject to the Kitsap Regional
Coordinating Council by-laws.
a. Proposed amendments to Appendices shall follow the process outlined in Appendix A and
be subject to approval per the Kitsap Regional Coordinating Council by-laws and adoption
by Kitsap County. Upon County adoption, the updated appendices shall be in effect.
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Element A.
Countywide Growth
Pattern (CW)
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Element A. Countywide Growth Pattern (CW)
The vision for the future of Kitsap County "seeks to maintain and enhance the quality of life that
makes our County a special place to live and work. Envision a future in which our natural systems
are protected; the water quality in our lakes, streams and Puget Sound are enhanced; the village
character of some of our smaller towns is preserved; the historical nature of our communities is
respected in order to preserve our heritage for future generations; a diversified economic base that
supports good jobs, contributes to healthy downtowns in our Cities and affordable housing choices;
the rural appearance of our county is perpetuated."
This vision of the future, shared by citizens and elected officials, includes the following elements:
a. Livable urban communities and neighborhoods, centers for employment, civic activities,
housing:
• Attractive, well -designed, bike/pedestrian-friendly and livable urban communities, enhanced
by preserved historic properties and neighborhoods that are supported by efficient and high -
quality services and facilities and provide a range of housing choices.
Healthy Cities that are the region's centers for employment, affordable housing choices, and
civic and cultural activities.
b. Vital diversified economy: An economy that provides training, education, and living -wage jobs
for residents, supported by adequate buildable land for a range of employment uses and that
encourages accomplishment of local economic development goals.
c. Efficient multi -modal transportation system: Creation of an efficient, clean, and sustainable
multi- modal transportation system — including roads and highways, public transportation,
ferries, airports, and opportunities for non -motorized travel — that provides efficient access and
mobility for county residents and supports our land use pattern.
d. Natural systems protection:
• Protection and enhancement of the natural environment, including wetlands, streams,
wildlife habitat, shorelines, water quality, air, climate, and natural resource lands.
• Creation of a system of open space, trails, parks, and greenbelts that provide opportunities
for recreation and that give structure and separation to urban areas.
e. Rural character: Maintenance of the traditional character, appearance, economic and
ecological functions, and lifestyles of Kitsap County's rural communities and areas to include
the production and distribution of locally grown food.
f. Responsive Government: An efficient and responsive government that works in partnership
with citizens, governmental entities, and Tribes to meet collective needs fairly; and that
supports education, environmental protection, and human services.
A key strategy to accomplish this vision is the intention to encourage future urban growth in areas
within incorporated Cities and in unincorporated areas that are already characterized by urban
growth with existing and planned services and facilities. These actions will work to strengthen our
natural environment and rural character, and are geared to reduce taxpayer costs by focusing the
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expenditure of public funds, encouraging concentrated development where appropriate, and
increasing our choices for housing and jobs."
Balancing historical patterns of growth with a preferred vision of the future and legal requirements
is an ongoing challenge. Tradeoffs must be made to balance the costs with the gains; flexibility is
necessary to adapt to changing conditions. These policies are intended to reflect the long-term goals
of the people living, working and doing business here.
The policies in this chapter are focused on the important role of both urban and rural areas in
Kitsap County as growth occurs. In addition, the policies outline how the KRCC member
jurisdictions will work together to achieve common goals regarding the countywide growth pattern.
Policies for Countywide Growth Pattern (CW):
CW-1 Roles of Cities and unincorporated Urban Growth Areas/Urban Communities (UGAs):
a. The primary role of Kitsap Cities and unincorporated UGAs is to encourage growth,
through new development, re -development, and in -fill. (See Appendix B for current and
projected population distribution.) Population growth should be directed to Cities, Urban
Growth Areas, and Centers with a transportation system that connects people with jobs and
housing.
b. Each of Kitsap's Cities and unincorporated UGAs should maintain and enhance its unique
vision as a high -quality place to live and work through urban design, historic preservation,
and arts that improve the natural and human -made environments; promote healthy
lifestyles; contribute to a prosperous economy; and increase the region's resiliency in
adapting to changes or adverse events.
c. For unincorporated UGAs, support annexation or incorporation into Cities.
CW-2 Role of rural and resource lands:
a. Keep the regional vision in mind when making local decisions.
b. Maintain/enhance natural systems and rural character.
c. Include a variety of low -density rural centers and uses.
CW-3 The Kitsap Regional Coordinating Council member jurisdictions should:
a. Make decisions together when needed.
b. Coordinate and cooperate on land use policy, capital planning, infrastructure development,
environmental issues, and cultural resource management/planning.
c. Work together to meet Buildable Lands program requirements in RCW 36.70A.215.
d. Develop a program for the Transfer of Development Rights to preserve lands with
important public benefits.
e. Maintain/preserve distinct urban identities with green breaks, open space, or other natural
features.
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f. Promote tiering and/or phasing of infrastructure development within Urban Growth Areas.
g. Develop and implement land use policies, regulations and incentives to promote the
efficient use of urban areas.
h. Incorporate provisions addressing community health, equity, and displacement into
appropriate regional, countywide, and local plans.
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Element B. Urban Growth Areas (UGA)
Urban Growth Areas encourage the location of urban density residential, commercial, and industrial
developments where services can be most economically provided. The benefits of directing growth to
designated urban areas include:
• Location of higher -density residential development within walking or bicycling distance of jobs,
transit, schools and parks.
• Maximizing benefits of transportation and infrastructure investments.
• Limiting urban expansion into rural and resource lands.
• Promotion of in -fill or redevelopment of existing urban areas.
• Preservation of open space, critical areas. and lands designated for resource protection.
• Accommodation of employment growth in a concentrated pattern.
• Promotion of attractive residential neighborhoods and commercial districts that provide a sense of
community.
• A harmonious relationship with regional planning as articulated by Vision 2050 and Transportation
2040, adopted by the Puget Sound Regional Council as the growth and transportation strategy for
central Puget Sound.
The policies in this chapter are focused on Urban Growth Areas (or UGAs) and limited
circumstances when urban growth may take place outside of Urban Growth Areas. They include
policies directing how the County and Cities work together on Buildable Lands and Land Capacity
efforts, the distribution of projected population and employment growth prior to updating
comprehensive plans, and the process and criteria for expanding a UGA. Element B also outlines
how the County and Cities coordinate growth within unincorporated UGAs prior to land being
annexed into Cities, and includes policies focused on coordination for National Historic Towns and
both Fully Contained Communities and Master Planned Resorts.
Policies for Urban Growth Areas (UGA):
UGA-1 Land Capacity (RCW 36.70A.115) & Review and Evaluation Program (Buildable Lands —
RCW 36.70A.215):
Consistent with RCW 36.70A.115, the County and Cities shall ensure that, taken collectively,
adoption of and amendments to their comprehensive plans and/or development regulations
provide sufficient capacity of land suitable for development within their jurisdictions to
accommodate their housing and employment growth (derived from population distribution), as
adopted in the applicable Countywide Planning Policies.
a. The County and Cities shall maintain a Land Capacity Analysis Program using a consistent,
agreed -upon methodology to estimate the land supply available to accommodate future
residential, commercial, and industrial growth.
b. The County and Cities shall participate and work together to meet the Buildable Lands
program requirements in order to monitor and evaluate the effectiveness of their respective
Comprehensive Plans.
c. The County and Cities shall establish procedures for resolving disputes in collection and
analysis of Land Capacity and Buildable Lands data. In the event that a resolution cannot be
achieved, the Kitsap Regional Coordinating Council shall be a forum to review and, if
possible, facilitate any disputes between parties.
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UGA-2 If the Buildable Lands analysis shows that a jurisdiction's Comprehensive Plan growth
goals are not being met, that jurisdiction shall implement reasonable measures to reduce the
differences between growth and development assumptions and targets and actual development
patterns. Each jurisdiction is responsible for implementing appropriate reasonable measures within
its jurisdictional boundaries.
UGA-3 Process and criteria to ensure regional coordination when establishing, expanding, and
adjusting Urban Growth Areas in Kitsap County:
a. Urban Growth Areas are areas "within which urban growth shall be encouraged and outside
of which growth can occur only if it is not urban in nature" (RCW 36.70A.110(1)) except
under specific circumstances, as fully contained communities and master planned resorts as
authorized by the Growth Management Act.
b. Unincorporated Urban Growth Areas shall be associated with an existing or future city.
c. All Urban Growth Areas shall be reflected in County and respective City comprehensive
plans.
d. Sufficient area/capacity must be included in the Urban Growth Areas to accommodate the
adopted 20-year population distribution and countywide employment as adopted by the
Kitsap Regional Coordinating Council.
e. To focus public and/or private investment where growth is desired, a jurisdiction may phase
growth within its Urban Growth Area (RCW 36.70A.110(3)). Utility development and/or
expansion may be phased to support efficient and cost-effective growth and to prioritize
investments.
f. The County, City, or interested citizens may initiate an amendment to an existing Urban
Growth Area through the Kitsap County annual comprehensive plan amendment process as
authorized by the Growth Management Act. If a UGA amendment submitted to Kitsap
County is associated with an incorporated City, the County shall coordinate with the
respective City prior to finalizing its annual comprehensive plan docket, unless an
alternative process is further outlined in an inter -local agreement between the City and the
County. Unless otherwise noted in an inter -local agreement, the County has the discretion to
determine their annual comprehensive plan docket consistent with their guiding procedural
requirements.
g. Any expansion of a Urban Growth Area shall result in zoning that will ensure urban growth
patterns and densities consistent with the Growth Management Act and be consistent with
any inter -local agreement between the City and the County.
h. Urban Growth Area expansion shall not result in new areas being included for population or
employment capacity that exceeds what is necessary to accommodate the growth
management planning projections, plus a reasonable land market supply factor, or market
factor. In determining this market factor, the County and Cities may consider local
circumstances.
i. Expansion of Urban Growth Areas shall direct growth first to areas already characterized by
urban growth that have adequate existing public facility and service capabilities to serve
development; second to areas already characterized by urban growth that will be served
adequately by a combination of both existing public facilities and services and any
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additional needed public facilities and services that are provided; and third to areas that are
adjacent to incorporated Cities or established Urban Growth Areas once the available land
meeting the first or second priority has been designated. Areas which have existing public
facilities or where public facilities can be reasonably extended and are not currently at
urban densities should be considered first within this category.
j. An application for an expansion of a UGA shall include:
i. Planning and zoning regulations currently in place.
ii. An evaluation of how a full range of urban -level infrastructure and services would be
provided within potential expansion areas, including appropriate capital facility
analysis.
Fire Storm Water Solid Waste
Police Potable Water Park & Recreation Facilities
Transportation Sewer Schools
Utilities: Power and Telecommunications, including Broadband Emergency
Medical Services
All service providers, including special districts and adjacent jurisdictions, should be
included in the evaluation. Best available infrastructure technology may be used
provided that it has been approved by the jurisdiction as part of a broader review of
available technology.
iii. Other factors should be addressed in evaluating areas for Urban Growth Area
expansion, including but not limited to: environmental constraints; economic
development; preservation of cultural, historical, and designated resource lands.
iv. Analysis of how the application meets the requirements of WAC 365-196-310,
RCW 36.70A.110, RCW 36.70A.115, and other requirements, as implemented
through the County comprehensive plan docket application process.
k. The City and County shall conduct early and continuous public involvement when
establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when
appropriate. Residents of unincorporated areas should be consulted and actively involved in
the process affecting them.
UGA-4 Coordinated Growth Management in Urban Growth Areas:
a. Adopted City and County comprehensive plans shall reflect the intent that all land within
unincorporated Urban Growth Areas will either annex to a city or incorporate within the
20-year planning horizon.
b. To maximize the efficient use of urban lands, subdivisions in Urban Growth Areas should
be consistent with the associated jurisdiction's Comprehensive Plan and underlying zoning
densities, or where applicable, interlocal agreement between the County and City.
c. Cities are the primary provider of municipal services and facilities in their Urban Growth
Areas, responsible for demonstrating within their Comprehensive Plans the capacity to
provide all urban services within their associated Urban Growth Area(s). This may be
accomplished through a collaborative process with Kitsap County and/or other service
providers.
d. The County and Cities should establish procedures to facilitate the smooth transfer of
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governance for associated Urban Growth Area(s) through the adoption of interlocal
agreements.
e. For Urban Growth Areas:
i. The County should plan with associated Cities and local communities to address land
uses, infrastructure needs, level -of -service standards as identified in these policies, and
other issues as needed. The results should be reflected in the County Comprehensive
Plan.
ii. The County should provide a level of urban facilities and services consistent with the
County's ability and appropriateness to provide such services for those Urban Growth
Areas that will be associated with a specific City or that will eventually incorporate.
UGA-5 Policies for the distribution of 20-year population and employment growth:
a. The Kitsap Regional Coordinating Council shall coordinate the process for distributing the
forecasted population and employment growth consistent with the requirements of the
Growth Management Act and PSRC's most recent Regional Growth Strategy (RGS).
Following receipt of KRCC's recommendation, Kitsap County shall adopt any revision to
population or employment targets. The County and Cities, as part of their next
Comprehensive Plan update, shall reflect those adopted growth targets in their
Comprehensive Plan. The distribution process should consider countywide demographic
analysis, the Land Capacity Analysis, the RGS, and the OFM projections, and it shall
promote a countywide development pattern targeting over three quarters (76%) of new
population growth to the designated Urban Growth Areas. The County and the Cities
recognize that the success of this development pattern requires not only the rigorous
support of Kitsap County in the rural areas, but also Cities' comprehensive plans being
designed to attract substantial new population growth.
b. The RGS provides a framework for the Kitsap Regional Coordinating Council to consider
as population growth is distributed. Population distributions should support the RGS while
also recognizing countywide demographic information, jobs/housing balance, designated
centers, transit service/access to high -capacity transit, and growth trends. In supporting the
RGS, growth should be focused in metropolitan Cities (Bremerton and the Bremerton
UGA), Core cities (Silverdale), and High Capacity Transit Communities (Bainbridge
Island, Kingston, Port Orchard and Port Orchard UGA, and Poulsbo and Poulsbo UGA).
c. Population and employment targets will be reviewed through the Kitsap Regional
Coordinating Council. The review will include an analysis of the Cities' and County's
progress in achieving target distributions consistent with the Buildable Lands review and
evaluation program. If the 76% UGA target mentioned above for new population growth
and the overall population targets are met or exceeded, the target for new population will
revert to five -sixths (83%), as per the revised County -wide Planning Policies adopted by
Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be
reaffirmed or explicitly modified.
d. The County and Cities should work together to develop an estimate and/or range of the
additional population and employment that it could accommodate and service during the
20-year planning horizon, consistent with a vision for future community character. The
estimate shall consider the need for increasing population density within the Urban Growth
Areas to promote efficient service delivery, avoid sprawl, and preserve community
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character.
e. The population and employment estimates and/or ranges shall be provided to the Kitsap
Regional Coordinating Council, with a statement of need concerning adjusted Urban
Growth Area boundaries.
f. The Kitsap Regional Coordinating Council, after conducting a public hearing, shall
recommend the estimate and/or ranges of 20-year population and employment distribution
to Kitsap County for adoption as an amendment to the Countywide Planning Policies.
g. Kitsap County should give substantial weight to the Kitsap Regional Coordinating
Council's recommendation in adopting the 20-year population and employment distribution.
h. Following adoption of the estimates and/or ranges, each jurisdiction should update its
comprehensive plan, to arrive at a final target consistent with the estimate and/or within the
original range as adopted within Appendix B.
i. After each jurisdiction has completed its comprehensive plan update, the final adopted
target should be compiled and reviewed through the Kitsap Regional Coordinating Council
process and the revised population and employment distribution incorporated into the
Countywide Planning Policies. A final distribution to Urban Growth Areas versus non -
Urban Growth Areas within the range specified above should then be calculated.
UGA-6 Policies for Growth Outside of Urban Growth Areas: Fully Contained Communities,
National Historic Towns and Master Planned Resorts.
a. A Master Plan review process and decision criteria for fully contained communities,
national historic towns, and master planned resorts should be incorporated in the County's
Comprehensive Plan, must reflect the standards and requirements in the GMA, and in
addition must address the following:
i. Provision of necessary public facilities, with adopted capital facility and level of service
standards.
ii. Future assessment of adverse impacts to public infrastructure, nearby communities,
adjacent rural areas, environmental resources, and designated resource lands. Such
impacts should first be avoided, second minimized, and third mitigated.
iii. Provisions for review of such developments through the Kitsap Regional Coordinating
Council process, in addition to other procedural requirements.
b. Consistent with guidance provided in Vision 2050, the Kitsap Regional Coordinating
Council shall avoid the establishment of a Fully Contained Community (FCC). Only if it is
found necessary to accommodate future urban population growth may the Kitsap Regional
Coordinating Council recommend the creation of an FCC and a corresponding new
community reserve population. Any such designation shall be fully consistent with all
Countywide Planning Policies establishing new Urban Growth Areas (UGA-3 and UGA -5)
and RCW 36.70A.350 (2), which, in part, requires that a new community reserve
population be established no more than once every five years as a part of the designation or
review of Urban Growth Areas and that the Urban Growth Areas shall be accordingly
offset.
17
In addition, the following shall be included in any County Comprehensive Plan
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requirements governing FCCs:
i. A phasing plan that monitors and requires concurrent development of commercial and
employment uses with residential development, to ensure that the community is fully
contained.
ii. A mechanism to ensure that the timing of the development components will be fully
regulated by the phasing plan.
iii. A substantial public benefit.
c. As Vision 2050 requires comprehensive review and consideration of the regional impacts
of any proposed Fully Contained Community, the County shall forward the proposal to
adjacent counties, the Puget Sound Regional Council, and the Kitsap Regional
Coordinating Council for review at the earliest possible point in the process. The Kitsap
Regional Coordinating Council shall review the proposal for regional impacts to the
following:
i. The regional growth strategy as included in Vision 2050.
ii. The split in population growth between the countywide urban and rural areas.
iii. Other elements of the Countywide Planning Policies.
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Element C. Centers of Growth (C) Back to Agenda
Centers are the hallmark of Puget Sound Regional Council's (PSRC) Regional Growth Strategy
and Vision 2050. They guide regional growth allocations, advance local planning, inform transit
service planning, and represent priority areas for PSRC federal transportation funding.
Growth in Centers has significant regional benefits, including supporting multi -modal
transportation options, compact growth, and housing choices near jobs, climate goals, and access to
opportunity. As important focal points for investment and development, Centers represent a crucial
opportunity to support equitable access to affordable housing, services, health, quality transit
service, and employment, as well as to build on the community assets currently present within
centers.
Policies for Centers of Growth (C):
C-1 Centers are focal points of growth within Kitsap County. In decisions relating to population
and employment growth and resource allocation supporting growth, Centers have a high priority.
C-2 The designation of Centers in Kitsap County shall be consistent with PSRC's 2018 Regional
Centers Framework Update and according to the typology set forth in Appendix C.
C-3 A Center of Growth's purpose is to implement the PSRC Regional Growth Strategy embodied
in Vision 2050 and the 2018 PSRC Regional Centers Framework Update.
d. Each incorporated City shall have at least one Center designation intended and sized to
accommodate a concentration of the jurisdiction's growth target (residential and
employment). Unincorporated Urban Growth Areas may have a Center designation.
e. The number of Center designations is determined by the jurisdiction as necessary to
accommodate its growth target as demonstrated within its comprehensive plan and/or
subarea plan.
C4 Centers shall be identified within a local comprehensive plan and/or subarea plan, and
establish its compliance and consistency with the PSRC 2018 Regional Centers Framework
designation criteria and Appendix C. Use of PSRC Centers Plan tools, resources and checklists
are encouraged to ensure compliance and consistency.
a. It is expected that the Centers identification within a local comprehensive plan or subarea plan
occurs as part of a: 1) GMA required periodic update; 2) an updated PSRC growth target or GMA
population forecast/allocation; 3) PRSC major plan update; 4) demonstrated need by jurisdiction to
ensure consistency with PSRC Regional Growth Strategy, Vision 2050, and/or GMA; and/or 5)
move from countywide to regional center designation.
b. The local comprehensive plan and/or subarea plan shall include:
20
i. Formalized Center boundaries;
ii. Demonstration of how the Center meets the criteria and requirements of the PSRC 2018
Regional Centers Framework and Appendix C (e.g., activity unit analysis, size,
capacity, infrastructure analysis, multi-modal/transit considerations);
iii. Identification of a growth target (residential and employment) the Center is planning
for;
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iv. If a subarea plan is not prepared, the comprehensive plan shall inchWea eci Wcap
or specific section(s) dedicated to the Center(s).
c. Center boundaries may expand and reconfigure over time but shall continue to meet the minimum
criteria as set forth in PSRC 2018 Regional Centers Framework and Appendix C. Failure of a local
jurisdiction's comprehensive plan and/or subarea plan to maintain a Center's designation and
minimum criteria will result in its removal from Appendix D.
C-5 Countywide Planning Policies Center identification is set forth in Appendix D. The Center's
type, jurisdiction, status, and designation process are also set forth in Appendix D.
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Element D. Rural Land Uses and Development Patterns (R)
Rural areas of Kitsap County are characterized as having a variety of parcel sizes, with a diversity
of land use activities. These areas also contain significant amounts of complex natural systems.
It is a high priority to preserve and enhance the rural character of these areas. Counties are
responsible for designating and regulating rural areas through the comprehensive planning process.
However, rural preservation is a regional issue, and it is important to coordinate these planning
objectives with the Cities.
The policies in this chapter are focused on rural land uses and development patterns. These include
policies focused on preserving the rural character and the natural environment and development
patterns, including Rural Centers and Rural Communities; establishing and maintaining rural levels
of service; and conserving and supporting small-scale natural resource land uses in the rural area.
Policies for Rural Land Uses and Development Patterns (R):
R-1 Preserving rural character and enhancing the natural environment.
a. Preserve the character of identified rural areas by protecting and enhancing the natural
environment, open spaces, recreational opportunities, and scenic and historic areas. Support
small-scale farming and working resource land, promote locally grown food, forestry, eco-
and heritage -tourism. Support low -density residential living and cluster development that
provides for a mix of housing types, rural levels of service, cultural activities, and
employment that services the needs of rural areas at a size and scale that is compatible with
long-term character, productivity, and use of these lands.
b. The County shall establish low intensities of development and uses in areas outside of
Urban Growth Areas to preserve resource lands and protect rural areas from sprawling
development.
c. This policy is not intended to preclude the future designation of Urban Growth Areas.
d. Manage and reduce rates of development in rural areas over time through continued and
increased allocations of growth to Urban Growth Areas.
R-2 Preserving rural land use and development patterns:
a. Rural Centers are LAMIRDs that are identified in the County's Comprehensive Plan. These
existing residential and commercial areas of more intensive rural development are designated in the
Kitsap County Comprehensive Plan under RCW30.70A.070(5). In -fill, consistent with Growth
Management Act requirements, is expected. Rural Centers should be served by transportation
providers and other services consistent with the Levels of Service adopted by Kitsap County for
roads and by service standards set by Kitsap Transit for transit service upon designation as an area
of more intensive development.
b. Rural Centers are not Centers of Growth as designated in Element C and in Appendix C. It is
recognized that transportation investment, which supports existing and in -fill development allowed
under RCW36.70A.070(5), is important to the overall transportation network. Rural Centers
include:
a. Port Gamble
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b. Suquamish Back to Agenda
c. Keyport
d. Manchester
e. Type 3 LAMIRDs
c. Rural Communities are smaller developed areas with existing residential, commercial and/or
industrial land uses where growth is not expected. These areas may include some LAMIRD
characteristics but have not been found to meet the full set of LAMIRD criteria. They may
include clear neighborhoods with limited services. Examples of such communities include,
but are not limited to, Burley, Sunnyslope, Seabeck, Lake Symington, Indianola and
Hartsville.
R-3 Establishing and maintaining rural levels of service:
a. Rural level -of -service standards shall address sewage disposal, water, transportation and
other appropriate services. The standards shall be developed based upon levels of service
typically delivered in rural areas consistent with RCW 36.70A.030 (16).
a. For purpose of trip reduction, develop a range of alternative modes of transportation
consistent with rural levels of service to connect Rural Communities with urban Centers.
b. When sewers need to be extended to solve isolated health, environmental, and sanitation
problems, they shall be designed for limited access so as not to increase the development
potential of the surrounding rural area.
R-4 Conserving small-scale natural resource use in rural areas:
a. Rural land use designations in the County's Comprehensive Plan shall recognize ecological
functions and support rural uses such as farming, forestry, mining, recreation, tourism, and
other rural activities, and permit a variety of low -density residential uses that preserve rural
character and ecological functions, and can be sustained by rural service levels.
b. The County's Comprehensive Plan policies shall promote clustering residential development
and other techniques to protect and enhance significant open spaces, natural resources, cultural
resources, and critical areas for more effective use of the land. Clustering should not increase
residential housing units in the overall area designated as rural, consistent with designated rural
densities. Development clusters shall be designed, scaled and sited in a manner consistent with
rural character and the provision of rural levels ofservice.
c. The County's Comprehensive Plan policies shall support Rural Communities as locations of
employment, a mix of housing types, and cultural activities for rural areas that primarily
function as locations for service needs such as grocery stores, shopping, and community
services, and small-scale cottage industries for the surrounding rural area.
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Element E. Natural
Environment (NE)
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Element E. Natural Environment (N�.)
The natural environment is defined as land area consisting of open space, natural systems, resource
lands and critical areas. Critical areas include wetlands, wildlife conservation areas, steep slopes,
frequently flooded areas and areas with a critical recharging effect. These lands also have aesthetic
functions, such as view sheds of the water or ridgelines. Many of these natural systems are inter-
connected and cross multi- jurisdictional boundaries within the County. The strategy is to conserve
these areas and connect them to create a regional open space network to protect critical areas,
conserve natural resources, and preserve lands and resources of countywide and local significance.
The purpose of these strategies is to enhance the quality of countywide water, soil, and air
resources and reduce and mitigate countywide effects on the changing climate.
The policies in this chapter focus on a variety of issues involving the natural environment. They
include coordination to protect and create open space corridors, critical areas, listed species, and air
and water quality/quantity. In addition, this element addresses watershed and land use planning,
along with policies that address impacts to Kitsap resulting from changes to our climate.
Policies for the Natural Environment:
NE-1 Creating a regional network of open space:
a. The County and the Cities shall implement the Kitsap County Open Space Plan and the Kitsap
County Non -Motorized Plan, which identify a countywide green space strategy that
incorporates planning efforts of the County, Cities, state agencies, non-profit interest groups
and land trusts in the County.
b. The County and the Cities shall preserve and enhance, through inter jurisdictional planning,
significant networks and linkages of open space, regional parks and public/ private recreation
areas, wildlife habitats, critical areas and resource lands; historic and cultural landscapes;
water bodies and trails.
c. The County and the Cities shall frame and separate urban areas by creating and preserving a
permanent network of urban and rural open space, including parks, recreation areas, critical
areas and resource lands.
d. The Kitsap County Open Space Plan should be reviewed for consistency, where appropriate,
with the objectives of the Region Open Space Plan.
e. Planning and investment into parks and open space should consider the proximity of those
amenities to urban areas and underserved communities.
f. Promote environmentally sustainable behaviors among community members through
education and outreach.
g. Use mitigation or impact reduction requirements to support green infrastructure.
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NE-2 Reduce impacts to vulnerable populations such as low-income communities, tsiacx,
Indigenous, and communities of color, people with disabilities, seniors, and communities that have
been disproportionately affected by noise, air pollution, or other environmental impacts.
NE-3 The County and the Cities will conserve and enhance the County's natural resources, critical
areas, water quality/quantity, and environmental amenities while planning for and accommodating
sustainable growth by:
a. Protecting critical areas (wetlands, aquifer recharge areas, fish and wildlife habitat
conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas).
They should also consider other environmental amenities.
b. Establishing and implementing Best Management Practices to protect the long-term integrity
of the natural environment, adjacent land use, and the productivity of resource lands.
c. Establishing procedures to preserve significant historic, archaeological, and cultural resources.
d. Encouraging the use of environmentally sensitive development practices to minimize the
impacts of growth on the County's natural resource systems.
e. Protecting and enhancing the public health and safety and the environment for all residents,
regardless of social or economic status, by reducing pollutants, as defined by WA State and
federal law.
f. Working together to identify, protect, and restore networks of natural habitat areas and
functions that cross jurisdictional boundaries.
g. Protecting and enhancing ecosystems that support Washington State's Priority Habitat and
Species as identified by the Washington Department of Fish and Wildlife.
h. Incorporating and incentivizing anti -displacement tools and policies.
i. Ensuring accessibility of green spaces for people of all abilities and transportation methods.
j. Working together to preserve, restore, and reduce impacts on natural systems, including the
Salish Sea, wildlife and salmon, and water quality of Kitsap County's watersheds and
ecosystems.
NE-4 Protection of air quality is accomplished by reducing the levels of toxins, fine particles, and
greenhouse gases released into the environment, especially through transportation activities.
a. The County and Cities, in their respective comprehensive plans, should include specific
goals and policies to enhance air quality by reducing the release of toxins, fine particles, and
greenhouse gases.
b. The County and Cities should adopt and implement purchasing policies/programs for
vehicles/equipment that use clean efficient fuels.
NE-5 Protection of water quality and quantity is accomplished by reducing the amount of toxins
and pathogens in our water supply.
a. The County and Cities should adopt policies in their Comprehensive Plans to reflect that
surface and storm water and aquifer recharge areas should be treated as a resource.
b. The County and Cities should continue to be models for low -impact development and
implement such programs whenever practical.
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C. The County and Cities should develop and implement a program, as fu..,,...5 ,. _ .. � .. _
where feasible, to retrofit infrastructure to current standards in surface and storm water
management programs.
NE-6 Listed species recovery under the Endangered Species Act (ESA):
a. The County and the Cities shall preserve, protect, and where possible, restore the functions of
natural habitat to support ESA -listed species, through the adoption of comprehensive plan
policies, critical area ordinances, shoreline master programs, and other development
regulations that seek to protect, maintain or restore aquatic ecosystems associated habitats and
aquifer through the use of management zones, development regulations, incentives for
voluntary efforts of private landowners and developers, land use classifications or
designations, habitat acquisition programs or habitat restoration projects.
b. The County and the Cities shall provide incentive -based non -regulatory protection efforts, such
as acquisition of priority habitats through fee -simple and conservation easements from willing
sellers.
c. The County and the Cities shall jointly establish and implement monitoring and evaluation
program to determine the effectiveness of restoration, enhancement, and recovery strategies
for salmon, including ESA -listed species. Each jurisdiction shall apply an adaptive
management strategy to determine how well the objectives of listed species recovery and
critical habitat preservation/restoration are being achieved.
NE-7 Coordination of watershed and land use planning:
a. The County and the Cities shall participate in a planning program that determines changes in
stream hydrology and water quality under different land use scenarios at full build -out of
designated land use classifications.
b. The County and the Cities shall coordinate land use planning using watersheds or natural
drainage basins to implement strategies for restoration of aquatic habitat and to reduce impacts
to other natural systems and participate in efforts to improve the health of our waterways.
c. Kitsap County shall coordinate and maintain a regional database of best available science for
the purpose of modifying Critical Areas Ordinances, if funding is available.
d. Upon adoption of a state classification system, the Cities and the County shall establish a
single system for stream typing.
NE-8 Policies and actions to address climate change:
a. The County and the Cities should continue support to focus growth in urban areas, centers, and
high -capacity transit areas located near transit options and proximity to jobs.
b. The County and the Cities should update land use regulations, where appropriate, to allow
electric vehicle infrastructure and businesses that promote climate change goals consistent
with state requirements.
c. The County and the Cities should establish and/or support programs to reduce greenhouse gas
emissions and to increase energy conservation and alternative/clean energy among both public
and private entities.
d. The County and the Cities should provide continued support for using natural systems to
reduce carbon in the atmosphere by establishing programs and policies that maintain and
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increase forests and vegetative cover.
e. The County and the Cities should plan for and consider impacts from climate change including
sea -level rise, flooding, wildfire hazards, and urban heat on both existing and new
development.
f The County and the Cities should recognize state and regional targets to reduce greenhouse
gas emissions as they update local plans and regulations.
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Element F. Contiguous, Compatible, and Orderly
Development (D)
Upon designation of Urban Growth Areas, the County and Cities will need to develop consistent
implementation measures to ensure that development occurs in an orderly and contiguous manner. The
intent of the following countywide planning policies is to minimize differences in urban development
regulations and standards between the County and the Cities and to facilitate the economical provision
of urban services to development.
Coordination between KRCC members is vital to ensure contiguous, compatible, and orderly
development in the County. The policies in this chapter outline the purpose for and reasons why inter -
jurisdictional planning is important at the federal, tribal, state, local, and special-purpose government
and describe how that coordination will take place at the KRCC. In addition, these policies focus on
specific topics where coordination is essential. This includes but is not limited to land use,
transportation, infrastructure planning, and community design and development. Finally, these policies
outline measures to address displacement as growth occurs in Kitsap County and to suggest how KRCC
members can look at growth issues through an equity lens when important decisions are made.
Policies for Contiguous, Compatible, and Orderly Development:
D-1 Encouragement of cooperative inter jurisdictional planning by federal, tribal, state, local, and
special purpose government:
a. Inter jurisdictional discussion, information exchange, and coordination of proposals shall be
initiated as early and expeditiously as possible by the responsible agencies, to aid in the
smooth transition of governance.
b. Initial inventories and analyses of utilities and public services information are critical to the
planning process and shall be made available as early and expeditiously as possible by the
responsible agencies.
c. The Kitsap Regional Coordinating Council may establish or designate on -going technical
committee(s) comprised of representatives from utilities and service providers to
investigate long-range regional needs for various facilities and services, including but not
limited to those for transportation, sewer and storm drainage, availability and delivery of
potable water, solid waste, broadband, parks and recreation, and open space.
d. The Countywide Planning Policies will further the implementation of Vision 2050 and
Transportation 2040 as adopted by the Puget Sound Regional Council.
D-2 Inter -regional coordination of land use and transportation, environmental, and infrastructure
planning:
a. The County and the Cities shall participate in the Puget Sound Regional Council and the
Peninsula Regional Transportation Planning Organization.
b. Locally -generated data shall be provided to the Puget Sound Regional Council and the
Peninsula Regional Transportation Planning Organization for use in their coordination of
population forecasts, land use, and transportation.
c. The planning proposals of these regional organizations shall be monitored, and adjustments
recommended to ensure that they accurately reflect local needs and plans.
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d. Recognize and work with corridors that cross jurisdictional boundaries kmcivamg natural
systems, and transportation and infrastructure systems) in community planning,
development, and design.
D-3 Fiscal equity:
a. The County and the Cities shall work together to ensure that all fees associated with
development approval are based upon the real cost of service and act to encourage
development within designated Urban Growth Areas.
b. The Kitsap Regional Coordinating Council should facilitate ongoing regional discussion on
revenue equity issues.
D-4 Community design and development: Strategies should promote orderly development that
reflects the unique character of a community and encourages healthy lifestyles through building
and site design and transportation connectivity. In addition, sustainable economic and
environmental development techniques should be utilized to enhance the quality of life:
a. Utilize design strategies to ensure that changes in the built environment provide continuous
and orderly development.
b. Encourage development that reflects unique local qualities and provides an economic
benefit to the community.
c. Design mixed -use developments and local street patterns to improve the environment for
overall mobility and accessibility to and within the development through multi -modal
transportation options that serve all users.
d. Design transportation networks to fit within the context of the built and natural
environment, enhancing the community, connectivity, and physical activity in the area
community -wide and specifically in designated growth centers and high transit areas.
e. Design schools, institutions and public facilities to be compatible with the surrounding
community character and needs.
f. Use sustainable building techniques (such as rehabilitation/re-use, LEED [Leadership in
Energy & Environmental Design], Low Impact Development, energy -efficient fixtures, etc.)
in the design and development of the built environment.
g. Support urban design, historic preservation, and arts to enhance quality of life.
h. Promote solar, wind, tidal, wave generation, and other renewable energy generation where
appropriate to serve the community.
D-5 Equity: Services and access to opportunity for people of color, people with low incomes, and
historically underserved communities is important. It ensures all people can attain the resources
and opportunities to improve their quality of life. Policies focused on equity are contained
throughout the Countywide Planning Policies.
a. Support PSRC in the development of a Regional Equity Strategy that will provide tools,
resources, and guidance to integrate this issue into planning processes.
b. Planning for parks/open space, future growth, housing, transportation, public facilities, and
services, and where uses are located, all have an impact on our community. As
comprehensive plans are updated, the County and Cities should consider how these
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decisions impact historically underserved communities and coordinate on ways to address
for those impacts together.
D-6 Displacement: As the region continues to grow, population and employment growth is focused
within our urban areas. As redevelopment takes place, however, there is a potential for physical,
economic, and cultural displacement of low- income households that may result from planning,
public investments, private redevelopment, and market pressures. As important planning,
transportation, and redevelopment takes place:
a. The Counties and Cities should develop coordinated strategies and interjurisdictional
processes between the County and cities to mitigate the impacts of displacement.
b. Counties and Cities should also implement flexible strategies that will encourage the
development of a range of affordable housing, both public and private.
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Element G. Public
Capital Facilities and
Essential Public
Facilities (CF)
ONTENTS
Element G. Public Capital Facilities and Essential Public
Facilities (CF)
The Growth Management Act (GMA) requires that Countywide Planning Policies address siting
public capital facilities of a countywide or statewide nature, including transportation facilities of
statewide significance. The term capital facilities of countywide or statewide nature is not defined
in state law but is synonymous with essential public facilities, which are defined in the GMA.
Essential public facilities include facilities that are typically difficult to site, such as airports, state
education facilities and state or regional transportation facilities, regional transit authority facilities,
state and local correctional facilities, solid waste handling facilities, and inpatient facilities
including substance abuse facilities, mental health facilities, group homes, and secure community
transition facilities (RCW 36.70A.200). The policies in this chapter focus on areas where
coordination is necessary for the siting of essential public facilities, including transportation
facilities and services of statewide significance.
Each city and county is required to have a capital facilities plan. Capital facilities include, but are
not limited to, water systems, sanitary sewer systems, stormwater facilities, reclaimed water
facilities, schools, parks and recreational facilities, and police and fire protection facilities. PSRCs
Multicounty Planning Policies (MPPs) have further refined these requirements to encourage the
county and cities to coordinate planning efforts, especially where it would improve service to the
public and protect the environment. This chapter provides public capital facility policies, which
serve to implement PSRCs Multicounty Planning Policies (MPPs) and enhance coordination.
Policies for Public Capital Facilities (CF):
CF-1 Identification of needed capital facilities:
a. The County and the Cities shall each inventory their existing capital facilities and identify
needed facility expansion and construction and provide that data to the Kitsap Regional
Coordinating Council.
CF-2 Location of public capital facilities:
a. If the primary population served by the facility is urban, the facility should be located in a
City or Urban Growth Area where feasible.
b. Public capital facilities that generate substantial travel demand should be located along or
near major transportation corridors and existing public transportation routes.
c. Public capital facilities shall not be located in designated resource lands, critical areas, or
other areas where siting of such facilities would be incompatible.
d. The design of capital facilities and utilities in rural areas should be at a size and scale
appropriate to rural locations, so as not to increase development pressure.
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CF-3 Some regionally significant public capital facilities may be located outsiuq.; V1 u j uaii "i v W ul
Areas. Capital facilities located beyond Urban Growth Areas should be self-contained or be served
by services in a manner that will not promote sprawl.
CF-4 Promote affordability and equitable access of public capital facilities to all communities,
including those communities that have been historically underserviced.
CF- 5 Consider disproportionately burdened communities when siting or expanding capital
facilities.
CF-6. Uses shall adhere to local health district or state agency rules regarding commercial and
industrial use of on -site sewage systems.
CF-7. The multiple use of corridors for major utilities, trails, and transportation rights -of -way is
encouraged.
CF-8. Support efforts to increase the resilience of public services, utilities, and infrastructure by
preparing for disasters and other impacts and having a coordinated planning for system recovery.
CF-9. Site schools, institutions, and other community facilities that primarily serve urban
populations within the Urban Growth Area in locations where they will promote the local desired
growth plans, except as provided for by RCW 36.70A.211.
Policies for Siting Essential Public Facilities, including transportation facilities and services of
statewide significance.
CF-10. County and City comprehensive plans and development regulations shall not preclude the
siting of essential public facilities.
CF-11. The County and Cities should collaborate with other public agencies and special districts to
identify opportunities to co -locate facilities.
CF-12. The siting or expansion of essential public facilities should support protection of the
environment and public health, including impacts upon historically marginalized populations and
disproportionally burdened communities.
CF-13. A proposed essential public facility could impact another KRCC member organization. It is
important that communication between KRCC members takes place when an essential public
facility permit application is submitted. Therefore, the County or City processing an essential
public facility permit application shall send notice to each KRCC member organization as part of
the notice of application comment period. This will ensure there is time to communicate and
coordinate early in the permit process.
CF-14 Air transportation facilities in Kitsap County:
a. The County and the Cities shall recognize the importance of airports as essential public
facilities and preserve access to the air transportation system.
b. The County and the Cities shall ensure the safety of the community and airport users by
providing compatible land use planning adjacent to airports, minimizing noise impacts, and
coordinating the airport with ground access. Examples would include not encouraging or
supporting higher residential densities, schools, or hospitals near airports or airport
approach corridors.
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c. The County and the Cities should clearly communicate the decision-maFing MaNuWonONTENTS
associated with the development of new facilities and modification of existing air
transportation facilities; including the role of federal, state, county, and local regulators.
d. The County and Cities should establish and implement procedures for public engagement
associated with the development of new airports or changes or expansions to existing
airports, as mandated through existing federal and state laws.
e. Changes to air transportation facilities should align with the Port of Bremerton's adopted
master plan.
f. The County and Cities are encouraged to coordinate when updates to regulations are being
considered.
CF-15 Transportation facilities and services of statewide significance.
a. Jurisdictions, transit agencies, and the Washington State Department of Transportation
impacted by transportation facilities or services of statewide significance as defined in
RCW 47.06.140 should cooperate in the planning, maintenance, and improvements of the
facilities.
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3509 CONNECTING COMMUNITIES
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Element H. Transportation (T)
The Growth Management Act requires that transportation planning be coordinated with the land
use elements of local comprehensive plans as well as among local and state jurisdictions. In
addition, transportation policies should be consistent with the policies contained within PSRC's
Transportation and Vision plans. Coordination of land use and transportation plans will allow
Kitsap County and the Cities to meet three inter -related transportation goals:
o Reduce sprawl, conserve land and make more efficient use of infrastructure.
o Preserve air and water quality, the natural environment, and address impacts contributing
to climate change.
o Provide a balanced system for the efficient, clean, safe movement of people, goods, and
services within Kitsap County and the larger Puget Sound region.
The intent of the following policies is to define appropriate methods and strategies to achieve these
goals through inter -regional and intra-regional coordination among transportation and land use
planning agencies.
For the purpose of this Policy, the following transportation facilities are of countywide
significance:
a. state and federal highways;
b. principle arterials;
c. public transit facilities and services;
d. non -motorized facilities that provide inter -county transportation connections;
e. marine transportation facilities (ferries, shipping);
f. airports (passenger and/or freight); and
g. rail facilities (passenger and/or freight).
The following facilities and system components should be included in the multi -modal network:
a. roads, including major highways, arterials and collectors; public transit, including bus,
rail, and park & ride lots;
c. non -motorized facilities;
d. vehicle and public or private passenger -only ferries;
e. airports;
f. parking facilities that support the multi -modal network;
g. facilities related to implementation of transportation demand management strategies;
and
h. intelligent transportation systems (ITS).
Policies for Transportation (T):
T-1 Strategies to optimize and manage the safe use of transportation facilities and services:
a. The County and the Cities shall each emphasize the maintenance and preservation of their
existing transportation network.
b. Through the regular update of the Transportation Element of their Comprehensive Plan, the
County and the Cities should each identify Level of Service (LOS) and prioritize
operational and safety deficiencies, with the goal of achieving zero deaths and serious
injuries.
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C. The County and the Cities should utilize Transportation System Manab.,...,,... .,«..�.,b..
such as parking restrictions, traffic signal coordination, transit queue jumps (traffic signal
modification equipment that allows buses to move ahead of other vehicles), opti-com
system's ramp metering, development of non -motorized transportation facilities, traffic
calming devices, and real-time sensor adjustments for traffic signals.
d. The County and the Cities should develop and implement access management regulations
that provide standards for driveway spacing and delineation, and encourage the joint use of
access points where practical.
e. The County and the Cities should actively seek opportunities to share facilities, expertise,
and transportation resources, such as multiple -use park & ride/parking lots or shared traffic
signal maintenance responsibility.
T-2 Reducing the rate of growth in auto traffic, including the number of vehicle trips, the number
of miles traveled, and the length of vehicle trips taken, for both commute and non -commute trips:
a. Jurisdictions and agencies shall provide both infra -structure and policy incentives to
increase the use of non- SOV modes of travel.
40
i. The range of infrastructure incentives to encourage the use of non-SOV modes of travel
could include the following:
• Provide public transit, including preferential treatments for transit, such as queue by-
pass lanes (dedicated bus lanes that allow for transit queue jumps), traffic signal
modifications, and safe transit stops.
• Provide integrated transfer points to facilitate seamless trips between transit and
other modes of travel, particularly at ferry terminals, including park & ride lots, bike
storage facilities, carpool/vanpool and transit advantages to ease ingress/ egress,
with proximity to actual connection points, and innovative transit -oriented
development.
• Provide bicycle and pedestrian facilities, including safe neighborhood walking and
biking routes to school.
• During the development of all state highway capacity improvement projects,
consider the demand for non-SOV travel and the addition of High Occupancy
Vehicle (HOV) lanes, park & ride lots, and appropriate infrastructure for both
bicycling and walking.
ii. The range of policy incentives to encourage the use of non-SOV modes of travel could
include, but is not limited to the following:
• Increased emphasis on the Commute Trip Reduction Program already in place
(including ridesharing incentives), with Kitsap Transit designated as the lead
agency, including program promotion and monitoring.
• Managed parking demand at ferry terminals, employment, and retail centers to
discourage SOV use through privileged parking for HOV users, fee structure and
parking space allocations.
• Encouraging telecommuting, flexible, and compressed work schedules, and home-
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based businesses as a viable work alternative.
• Encouraging the shift of work and non -work trips to off-peak travel hours.
• Congestion pricing.
• Auto -restricted zones.
• Promotion of driver awareness through educational efforts.
b. The County and the Cities shall develop complete streets standards that address bicycle and
pedestrian facilities for the development of new streets and reconstruction of existing streets
as appropriate, consistent with State law.
c. In Designated Centers, the jurisdictions should complete missing vehicular and non -
motorized links without compromising safety standards.
d. The County and the Cities shall develop bicycle and pedestrian plans, which should be
coordinated across jurisdictional boundaries with particular consideration to providing safe
routes for children to walk and bike to school.
e. Kitsap Transit shall review and comment on development proposals, where appropriate, to
facilitate convenient use and operation of appropriate transit services.
T-3 Environmental and human health impacts of transportation policies:
a. Transportation improvements shall be located and constructed to discourage/minimize
adverse impacts on water quality, human health, safety, and other environmental features.
b. The County, Cities, and Kitsap Transit should consider programming capital improvements
and transportation facilities designed to promote human health and alleviate and mitigate
impacts on air quality, greenhouse gas emissions and energy consumption, such as: high -
occupancy vehicle lanes; public transit; vanpool/ carpool facilities; electric and other low
emission vehicles including buses; charging stations for all types of electric vehicles;
bicycle and shared mobility options; and partnerships with the private sector.
c. The County and the Cities shall ensure environmental protection, water quality, and
conformance with ESA requirements through best management practices throughout the life
of the transportation facilities.
d. The County, the Cities, and Kitsap Transit should support Puget Sound Clean Air Agency
public education about anti -pollution measures.
T-4 Recognizing that the County and the Cities each encompass a range of development and
density patterns, each jurisdiction shall designate its Centers consistent with the criteria set forth in
Element C of the Countywide Planning Policies. The following policies relate to planning
guidelines to support efficient and equitable transit and pedestrian travel appropriate to each type
of urban and rural development or re -development:
a. The County and the Cities shall each prepare development strategies for their Designated
Centers that encourage focused mixed -use development and mixed -type housing to achieve
densities and development patterns that support multi -modal transportation. Transportation
plans and programs shall serve all users of all ages and abilities, address access to
employment and education opportunities, and recognize and minimize negative impacts to
people of color, people with low -incomes, and people with special transportation needs.
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b. The County and the Cities should allow flexible, alternative and emer Back to Agenda
modes.
c. The County and the Cities shall work with residents to understand their transportation
needs. Analysis of transportation plans and programs shall include input from a diverse
group of community members.
d. In Urban Growth Areas, comprehensive plans should promote pedestrian- and transit -
oriented development that includes access to alternative transportation and, in the interest of
safety and convenience, includes features, such as lighting, pedestrian buffers, sidewalks,
and access enhancements for physically challenged individuals.
e. Rural Communities shall accommodate appropriate pedestrian/bicycle connections and
transit service and facilities consistent with rural service standards in order to minimize
vehicle trips.
f. Rural Communities shall accommodate appropriate pedestrian/bicycle connections and
transit service and facilities consistent with rural services standards in order to minimize
vehicle trips.
T-5 Transportation linkages between designated local, regional, and candidate Centers:
a. Regional corridors shall be designated for automobile, freight, transit, HOV facilities, rail,
marine, bicycle, and pedestrian travel between designated Centers as part of the countywide
transportation plan.
b. The transportation system linking designated Centers within the County should be transit -
oriented, pedestrian and bicycle friendly.
T-6 Freight transportation:
a. The freight system in Kitsap County should be developed, expanded, and maintained to
support the efficient and reliable movement of goods for local, regional, and international
commerce.
b. The County and the Cities shall work to ensure that compatible land uses are applied along
designated freight corridors; including, but not limited to, corridors for air, rail, road, and
marine traffic.
c. The County and the Cities shall use appropriate roadway standards for designated freight
corridors.
T-7 Transportation relationships with the Puget Sound Regional Council and the Peninsula
Regional Transportation Planning Organization:
a. The Countywide Planning Policies should be compatible with regional and state plans and
policies.
b. The County and the Cities should actively participate in the Puget Sound Regional Council
and the Peninsula Regional Transportation Planning Organization (RTPO) to assure that
transportation planning in the two regions is consistent and accurately reflects local needs
related to identified regional system components.
T-8 Coordination of intra-county transportation planning efforts:
a. The Puget Sound Regional Council reviews Cities' and the County's comprehensive plans
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b.
i. Not using new road improvements as the catalyst for land use intensification.
ii. Managing access on new transportation facilities outside Urban Growth Areas.
iii. Allowing phased development of improvements including acquiring right of way.
iv. Using comprehensive plans and development regulations to ensure that development
does not create demands exceeding the capacity of the transportation system, such as:
density limits in areas outside of Urban Growth Areas; concurrency management and
adequate public facility regulation; integrated multi -modal and non -motorized
networks.
c. The County and the Cities shall work together in a coordinated, iterative process to
periodically reassess whether regional land use and transportation goals can realistically be
met. If transportation adequacy and concurrency cannot be met, the following actions
should be considered:
i. Adjust land use and/or level of service (LOS) standards and consider adopting multi -
modal solutions.
ii. Make full use of all feasible local option transportation revenues authorized but not yet
implemented.
iii. Work with Washington State Department of Transportation, Kitsap Transit, and the
private sector to seek additional State transportation revenues, state and federal grants
for infrastructure improvements, and local options to make system improvements
necessary to accommodate projected population growth.
d. Adjacent jurisdictions in Kitsap County shall coordinate when assigning street classification
and developing street standards.
e. Kitsap Regional Coordinating Council may establish a process for evaluating development
impacts, including those that may affect neighboring jurisdictions within the county.
f. The Kitsap Regional Coordinating Council should work together to ensure that
transportation planning, system management and improvements at local, regional, and state
levels are coordinated, complementary, and consistent with adopted comprehensive land
use plans.
T-9 Coordinated and consistent level of service standards:
a. The County and the Cities should develop comparable level of service standards among the
County, Cities and the State of Washington for identified regional system components.
b. The County and the Cities shall adopt roadway LOS standards. Urban growth management
agreements shall designate LOS standards. Jurisdictions should also expand LOS standards
to address multimodal concurrency, including non -motorized modes of transportation.
c. The County and the Cities shall adopt transit LOS in the form of "Service Standards" that
have been adopted by Kitsap Transit. The standards shall consider both the frequency of
service and bus capacity.
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TORT F nr CONTENTS
d. Consistent with State law, the County and Cities shall recognize the U61Ck to Agenda
Standards for Highways of Statewide Significance, including principal arterial ferry routes,
that have been adopted by the Washington State Department of Transportation, in their
respective Comprehensive Plans.
e. For State highways and facilities of regional significance, the County and the Cities shall
include the Level of Service Standards adopted for these routes by the Puget Sound
Regional Council, the Peninsula RTPO, and the Washington State Department of
Transportation, in their respective Comprehensive Plans.
f. On highways and streets which are subject to concurrency requirements, the County and the
Cities shall each identify capacity deficiencies and either address them in terms of
identified funding, adjustment to the LOS standard (as set by the local agency), placing
restrictions on development, which could include modifications to permit applications,
denial of permit applications, or a temporary moratorium on development.
g. On highways and streets which are subject to concurrency requirements, new development
should not cause LOS to degrade to a level lower than the adopted standard, consistent with
State law.
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Back to Agenda
Element I. Housing
(AH)
i
TAQ1 c ^r- CONTENTS
Back to Agenda
Element I. Housing (AH) `
The Growth Management Act (GMA) requires cities and counties to encourage the availability of
housing that is affordable for all income levels at a variety of housing densities. Local jurisdictions
are also encouraged to preserve existing housing resources in their communities, and to provide an
adequate supply of housing with good access to employment centers to support job creation and
economic growth. (WAC 365.196.410)
VISION 2050 also takes a comprehensive approach to addressing the range of housing needs.
GMA requirements and Vision policies are reflected in the Countywide Planning Policies.
Jobs -Housing Balance:
Jobs -housing balance refers to the relationship of housing supply and the job base. There are
transportation implications in terms of improving accessibility between where jobs are located and
where people live, as well as access to goods, services, and other amenities. Policies in Element C:
Centers of Growth, Element F: Contiguous, Compatible and Orderly Development, and Element J:
Countywide Economic Development are all part of the County's overall approach to jobs -housing
balance.
Best Practices in Housing:
The County and the Cities recognize the value of housing practices that preserve existing
neighborhoods and communities, use land more efficiently, make services more economical, and
meet the diverse needs of our county's changing demographics. The Community Design and
Development Policies in Element F: Contiguous, Compatible and Orderly Development address
key innovative practices and design principles for development and housing.
Affordable Housing:
Housing affordability refers to the balance (or imbalance) between household income and housing
costs. Affordable housing is a major challenge in Kitsap County.
The following definitions relate to the Countywide Planning Policies: Housing shall mean housing
intended for a full range of household incomes. These income levels are defined as follows (WAC
365.196.410 [2]-e-i-C):
■ Extremely low-income shall mean those households that have incomes that are at or
below 30% of the countywide median income.
■ Very low-income shall mean those households that have incomes that are within the
range of 31 - 50% of the countywide median income.
■ Low-income shall mean those households that have incomes that are within the range of
51 - 80% of the countywide median income.
■ Moderate -income shall mean those households that have incomes that are within the
range 81-95% of the countywide median income.
■ Middle -income shall mean those households that have incomes that are within the
range of 96-120% of the countywide median income.
■ Upper -income shall mean those households that have incomes above 120% of the
countywide median income
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Policies for Affordable Housing (AH):
Back to AgendaONTENTS
AH-1 Coordinated process among County, Cities, and housing agencies for determining and
fulfilling housing needs, and the equitable distribution of affordable housing at all income levels in
Kitsap County:
a. The County and the Cities shall inventory the existing housing stock consistent with the
Growth Management Act synchronized with County and Cities' respective Comprehensive
Plan updates, and correlate with current population and economic conditions, past trends,
and population and employment forecasts. Short and long-range housing needs, including
rental and home ownership, should also be evaluated. Navy personnel housing policy
should also be considered.
b. Local housing inventories, projections, and equitable distribution strategies should be
compiled, updated, and monitored.
c. The County and the Cities should each identify specific policies and implementation
strategies in their Comprehensive Plans and should enact implementing regulations to
provide a mix of housing types for housing at all income levels, including easy access to
employment centers.
d. The County and the Cities shall incorporate a regular review of public health, safety, and
development and environmental regulations pertaining to housing implementation strategies
to assure that:
i. protection of the public health and safety remains the primary purpose for housing
standards; and
ii. regulations are streamlined and flexible to minimize additional costs to housing.
AH-2 Recognizing that the marketplace makes adequate provision for those in the upper economic
brackets, each jurisdiction shall develop some flexible combination of appropriately zoned land,
regulatory incentives, financial subsidies, and/or innovative planning techniques to make adequate
provisions for the needs of middle and lower income persons.
a. Where possible, expand areas zoned for moderate density ("missing middle") housing to
bridge the gap between single-family and more intensive multifamily development.
b. Incentivize a range of housing types, including transitional housing and supportive housing.
AH-3 Recognizing the percentage share of the existing and forecasted countywide population and
housing stock, as well as the distribution of existing housing for those households below 80%
countywide median income, the County and the Cities should develop coordinated strategies to
disperse projected housing for those below 80% countywide median income throughout Kitsap
County, where they are specifically found to be appropriate, in consideration of existing
development patterns and densities. These strategies should promote the development of such
housing in a dispersed pattern so as not to concentrate or geographically isolate low-income
housing in a specific area or community.
AH-4 Provision of affordable housing for households below 80% countywide median income
should be focused within cities and unincorporated UGAs with easy access to transportation,
employment, high opportunity areas, and other services.
a. Local comprehensive plan policies and development regulations that encourage and do not
exclude affordable housing.
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Back to Agenda
b. Housing strategies may include:
i. preservation, rehabilitation, and redevelopment of existing neighborhoods as
appropriate, including programs to rehabilitate and/or energy retro-fit substandard
housing.
ii. provision for a range of housing types such as multi -family, single family, duplexes,
accessory dwelling units, and manufactured housing on individual lots and in
manufactured housing parks.
iii. housing design and siting compatible with surrounding neighborhoods.
iv. mechanisms to help people purchase their own housing, such as low interest loan
programs, "self-help" housing, and consumer education.
v. innovative regulatory strategies that provide incentives for the development of such
housing, such as: reducing housing cost by subsidizing utility hook-up fees and
rates, impact fees, and permit processing fees; density incentives; smaller lot sizes;
zero lot line designs; inclusionary zoning techniques, such as requiring housing for
specified income levels in new residential developments; transfers of development
rights and/or a priority permit review and approval process and/or other provisions
as appropriate.
c. Housing policies and programs that address the provision of diverse housing opportunities
to accommodate people experiencing homelessness, older people, people who need
physical or behavioral health supports, and other segments of the population that have
special needs.
d. Participation with housing authorities to facilitate the production of such housing. The
County and the Cities shall also recognize and support other public and private not -for -
profit housing agencies. Supporting housing agencies is encouraged through public land
donations, guarantees, suitable design standards, tax incentives, fee waivers, providing
access to funding sources and support for funding applications, or other provisions as
appropriate.
AH-5 The County and the Cities shall collaborate with PSRC to evaluate availability of
appropriate housing types to serve future residents and changing demographics.
Protect existing low-income housing.
AH-6 Physical, economic, and cultural displacement of low-income households may result from
planning, public investments, private redevelopment and market pressure. Should develop a range
of strategies to mitigate displacement impacts as planning for future growth occurs.
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Back to Agenda
Element J.
Countywide Economic
Development (ED)
TA PfI r `CONTENTS
Back to Agenda
Element J. Countywide Economic Development tELI -
Growth Management Act requires that general economic development policies be identified in the
Countywide Planning Policies. Consistent with the goals of the Act, economic development
planning must be coordinated with local comprehensive plans. The intent of the following policies
is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add
predictability and certainty to the private investment decision.
Policies for Countywide Economic Development (ED):
ED-1 A general strategy for enhancing economic development and employment:
a. The County and the Cities recognize that a healthy economy is important to the health of
residents and quality of life in the county. Economic development strategies should address
with environmental concerns, promote equity and access to opportunity, minimize
displacement impacts to existing businesses, recognize the importance of existing and
emerging technologies, and protect the quality of life.
b. A healthy economy provides a spectrum of jobs including entry-level, living wage, and
advanced wage earner employment that, raises family income levels and provides
opportunities for diverse segments of the community.
c. The County and the Cities recognize that the economy in Kitsap County is very dependent
on the U.S. Navy and diversification is necessary. Diversification should be promoted
through a multi -faceted strategy that includes broadening the customer bases of existing
contracting industries, expanding the number of local businesses that benefit from defense
contracting, and building the base of business activity that is not directly connected to the
Department of Defense.
d. The County and the Cities shall collaborate with ports, tribes, and other special districts to
encourage economic growth and diversification that is consistent with comprehensive plans
and policies for land use, transportation, public transit, regional water supply, capital
facilities, urban governmental services and environmental quality.
e. Local governments are encouraged to utilize the Kitsap Economic Development Alliance
(KEDA) as a resource to provide advice on economic development needs, the potential for
retaining and expanding existing industries, including the U.S. Dept. of Defense, and
attracting new industries, especially those that would improve wage and salary levels,
increase the variety of job opportunities, and utilize the resident labor force.
f. The County and the Cities should cooperate / participate with the Puget Sound Regional
Council's economic initiatives, including focus on identified industry clusters and clean
industry and with the KEDA's adopted plan, Kitsap 20/20: A Strategy for Sustainable
Economic Prosperity.
g. The County and the Cities recognize that widespread access to broadband capability will
enhance economic development in Kitsap County. Local governments are encouraged to
collaborate with the KEDA to promote the expansion of telecommunications in Kitsap
County and to coordinate telecommunications policy with regional and federal agencies,
including public utility districts, Bonneville Power Administration, regional transportation
planning organizations, and neighboring counties.
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-. - _--ONTENTS
h. Investments in our people, in particular, efforts of local educational institutions to provide,
improve and expand vocational and post -secondary education programs, should be
supported to assure a highly skilled, technically trained resident work force. Educational
and training programs should be accessible to all and focus on skills that meet the current
and forecast needs of the local, regional, and global economy.
ED-2 The role of government agencies in assuring coordinated, consistent efforts to promote
economic vitality and equity throughout Kitsap County:
a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites
as centers for employment.
b. The County and the Cities shall encourage the full utilization/development of designated
industrial and commercial areas. The County and the Cities shall promote revitalization
within existing developed industrial and commercial areas to take advantage of the
significant investments in existing buildings and infrastructure.
c. The County and the Cities shall cooperate with tribes, ports, and other special districts to
identify the capital facility needs to support economic development and should identify
necessary funding sources.
d. The County and the Cities shall collaborate with tribes, ports, and other special districts to
identify innovative development methods such as public and private partnerships and
community development assistance financing to increase economic vitality.
e. The County, Cities and KEDA shall collaborate to identify opportunities that favor local
suppliers for goods and services.
ED-3 The Kitsap Regional Coordinating Council shall coordinate the development of land supply
monitoring methods, common infrastructure policy and standards, and other strategies among the
County, the Cities, Tribes, Ports, and other special districts to encourage economic development in
Kitsap County:
a. The County and the Cities shall each establish and monitor a development review process
that is timely, predictable, efficient, fair, and consistent.
b. Where more than one jurisdiction is involved in planning and permitting a business
development, the jurisdictions shall work collaboratively to provide consistent development
regulations and permitting.
c. The County and the Cities shall encourage small business enterprises and cottage industries,
and women- and minority -owned businesses, and allow appropriate and traditional home
occupations as permitted by local regulations.
ED-4. Foster appropriate and targeted economic growth in distressed areas with low and very low
access to opportunity to improve access and create economic opportunity for current and future
residents of these areas.
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ONTENTS
Element K. An Analysis of the Fiscal Impact (FI
To preserve and maintain the community's quality of life and level of government services,
jurisdictions are expected to fully evaluate their financial capacity to provide the full range of urban
services (as described in Element B — 3[j]) within designated Urban Growth Areas. The policies in
this chapter focus on identifying opportunities for coordination that would have a positive fiscal
impact, especially for infrastructure projects and service delivery.
Policies for Analysis of Fiscal Impact (FI):
FI-1 The Countywide Planning Policies recognize three opportunities for jurisdictions to consider
and plan for urban -level infrastructure and services:
a. During each jurisdiction's comprehensive plan amendments, through the Capital Facilities
Plan, including sub -area plans, Urban Growth Area boundary changes, incorporations,
partial dis-incorporations, proposed new fully contained communities and master planned
resorts.
b. At the point where a jurisdiction is comparing and analyzing geographic areas for possible
expansion of its Urban Growth Area (as described in Element B — 3[j]).
c. As part of the development of the Urban Growth Area Management Agreement (see
Element B-4 [d] and Appendix Q.
These analyses and plans should identify infrastructure and service costs as well as the
anticipated revenues, including their sources, to support them. As part of these considerations,
jurisdictions should review their financial analyses and plans to confirm their assumptions are
achieving the desired effects.
FI-2 Special districts should be included in planning for the provision of urban level services in
Urban Growth Areas and should include future population growth in their plans.
FI-3 The Kitsap Regional Coordinating Council shall facilitate ongoing regional discussion of
infrastructure and service delivery strategies (see Element F-1 [c]) and revenue equity issues (see
Element F-3 [c]).
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Illitilliviloll
I
ONTENTS
Element L.Coordination with Tribal Governments (CT)
The Suquamish Tribe, the Port Gamble S'Klallam Tribe, and other federally recognized Indian
Tribes have reservations and/or trust resources within Kitsap County. These Tribes are parties to
treaties with the United States Government through which certain rights and privileges both on and
off reservation were articulated and remain in effect. These Tribes have authorities, responsibilities,
interests, and treaty rights within their respective reservation boundaries and Usual and
Accustomed Areas. Since future growth and land use decisions in Kitsap County affect all
governmental entities, governmental agencies must be well informed and continuously involved in
regional and local planning.
Policies for Coordination with Tribal Governments (CT):
CT-1 Meaningful and substantial opportunities for early and continuous tribal government
participation shall be incorporated into regional and local planning activities.
CT-2 Local jurisdictions should work with the tribes to develop agreements that provide for
discussion on comprehensive planning issues among governments and ensure that the Tribes are
consulted on issues within their interest. The parties will jointly determine the appropriate contents
of the agreements and a schedule for completing them.
CT-3 Tribal governments, federal agencies, and county and local governments are encouraged to
coordinate plans among and between governments and agencies to address substantive areas of
mutual interest, especially where geographical areas overlay and promote complementary and
cooperative efforts.
CT-4 City and County governments are encouraged to include Tribal governments in joint
comprehensive planning and development activities for areas within the Tribes' Usual and
Accustomed areas. Activities include but are not limited to the establishment and revision of urban
growth boundaries, distribution of forecasted population; regional transportation, capital facility,
housing and utility plans; and policies that may affect natural and/or cultural resources.
CT-5 All County, City, and Tribal government agencies shall be included in the normal public
notice and comment procedures of other agencies and kept informed of matters of interest to them.
CT-6 The County, the Cities, and Tribal governmental agencies are encouraged to keep one
another informed about matters of local and regional interest by mutually agreeable means and
schedule.
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III
A,
I
I
I
ON'
Element M. Coordination with Federal Government including
Navy (CF)
The federal government has unique authorities, responsibilities, and interests affecting land use and
other activities. Military installations are of particular importance to the economic health of
Washington State, as well as to national security. Since the impacts of future growth and
development in Kitsap County affect all governmental entities, governmental agencies must be well
informed and continuously involved in regional and local planning. The policies in this element
implement these important goals.
Policies for Coordination with Federal Government (CF):
CF-1 Meaningful and substantial opportunities for early and continuous federal government
participation shall be incorporated into regional and local planning activities.
CF-2 It is recognized that constitutional and statutory provisions may constrain federal government
agencies from entering into local agreements and processes. However, when possible, the County,
the Cities, and federal governments should establish intergovernmental cooperative agreements
promoting coordination and involvement in activities that are of mutual interest.
CF-3 Federal agencies and County and local governments are encouraged to coordinate plans
among and between governments and agencies to make plans as consistent and compatible as
possible for properties over which they have authority or activities they authorize and the adjacent
areas affected.
CF-4 Federal government agencies are encouraged to participate in City, County, and joint
comprehensive planning and development activities that may affect them, including the
establishment and revision of Urban Growth Areas encompassing, adjacent to or within federally
owned lands; distribution of forecasted population; regional transportation, capital facility, housing
and utility plans; and policies that may affect natural and/or cultural resources of interest.
CF-5 The following policies relate to promoting coordination among the Cities, County, and the
federal government including the Navy:
a. All jurisdictions should promote planning that considers the impact of new growth to avoid
the potential for encroachment on military readiness activities as described below when
developing zoning ordinances or designating land uses affecting military facilities. Each
jurisdiction and the Navy should coordinate to identify the types of development and areas
of interest to the Navy, method of notice, and opportunities for comment.
b. "Military readiness activities" mean all of the following:
i. Training, support, and operations that prepare the men and women of the military
and Naval ships and submarines for combat.
ii. Operation, maintenance, and security of any military installation.
iii. Testing of military equipment, vehicles, weapons, and sensors for proper operation
or suitability for combat use.
c. "Impacts" include but are not limited to:
i. Aircraft, boat, and rail traffic.
ii. Incompatible adjacent land uses.
d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor issues that
arise in implementing these policies, and should identify areas for improved coordination.
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CF-6 All County, City, and federal governmental agencies shall be included in a norma &pY Pic
notice and comment procedures of other agencies and kept informed of matters of interest to them.
(RCW 36.70A.530).
CF-7 The County, the Cities, and federal governmental agencies are encouraged to keep one
another informed of matters of local and regional interest by mutually agreeable means and
schedule.
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9
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TA III F nG,CONTENTS
Back to Agenda
Element N. Roles and Responsibilities (ntn)
The County, Cities, Tribal governments, and special districts are all involved in planning activities
related to their statutory authority and responsibility. In addition to the responsibilities defined in
previous countywide planning policies, this section further clarifies the planning roles and
responsibilities of the Kitsap Regional Coordinating Council and member agencies.
Policies for Roles and Responsibilities (RR):
RR-1 The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocal
agreement (see Appendix E) to assure coordination, consensus, consistency, and compliance in the
implementation of the Growth Management Act and comprehensive planning by County, City and
Tribal governments within Kitsap County. The Kitsap Regional Coordinating Council provides a
voice for all jurisdictions and an opportunity for citizens and stakeholders to provide input to
planning policies to be applied countywide. The interlocal agreement adopted by the County, the
Cities, and the Tribal governments declared that the Kitsap Regional Coordinating Council is
necessary to maintain a regular intergovernmental communication network for all local and Tribal
governments within the county, facilitate compliance with the coordination and consistency
requirements of the Growth Management Act, provide an effective vehicle to resolve conflict
among and/or between jurisdictions with respect to urban growth boundaries or comprehensive
plan consistency, and to build consensus on planning solutions for countywide growth
management issues. The Kitsap Regional Coordinating Council shall:
a. Submit agreed -upon recommendations on behalf of member jurisdictions to multi -county
regional agencies and State government on proposed changes to multi -county regional
plans, State plans, and laws.
b. Provide a forum, as necessary, for achieving coordination in the development of local plans
and resolving planning and plan implementation issues that are common among
jurisdictions.
c. Promote coordination and consistency among local plans and between local plans and the
Countywide Planning Policies and the Growth Management Act to the extent necessary to
achieve regional policies and objectives.
d. Serve as a forum to amicably work together and resolve differences when they occur on
important issues impacting Kitsap County.
Promote coordination of educational programs and the dissemination of planning -related
information of regional interest.
f. Coordinate the review, revision, and monitoring of the Buildable Lands Report, Land
Capacity Analysis that aids in developing comprehensive plans, and Countywide Planning
Policies.
g. Apply for grants and administer contracts relative to regional tasks and plans.
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"- "ONTENTS
enda
h. Conduct the region -wide growth management planning consistent withPtese Lpo ides.
i. Initiate and coordinate the development of other regional planning policies and
implementation mechanisms that may improve the effectiveness of the comprehensive
planning process.
j. Define and implement procedures that assure opportunities for early and continuous public
involvement in policy discussions facilitated by the Kitsap Regional Coordinating Council.
RR-2 KITSAP COUNTY is the regional government within the County boundaries providing
various services within unincorporated and incorporated areas as required and specified by law and
by legal agreements. Kitsap County shall:
a. Be responsible for the development, adoption, and implementation of comprehensive plans
and development regulations and the processing of land use permits for the unincorporated
portions of the County.
b. Be responsible for coordinating water quality planning in multi jurisdictional watersheds
and for other environmental planning activities as agreed to by all affected and interested
jurisdictions.
c. Be responsible for coordinating the response on the listing for the federal Endangered
Species Act in multi jurisdictional watersheds as agreed by all affected and interested
jurisdictions.
d. Be responsible for being a regional sewer provider to the unincorporated areas of Kitsap
County as needed to improve water quality consistent with levels of service outlined in the
County Comprehensive Plan.
e. Maintain a geographic information system to serve as a regional planning database.
f. Execute Urban Growth Area Management Agreements with each City to address joint
issues identified in the Countywide Planning Policies and other matters agreed to be of
mutual interest.
g. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short- and long-range planning projects.
RR-3 Cities within Kitsap County provide a variety of services primarily to residents within their
respective municipal boundaries. Cities shall:
a. Provide urban governmental services identified in the Growth Management Act (Chapter
36.70A RCW) and adopted urban growth management agreements.
b. Be responsible for developing, adopting, and implementing comprehensive plans and
development regulations and processing land use permits within the incorporated portion of
the respective City.
c. Participate with other agencies in multi jurisdictional planning activities, including but not
limited to environmental planning, e.g., water quality planning and coordinating the response
on the listing for the Federal Endangered Species Act in multi jurisdictional watersheds
transportation planning, and growth management strategies.
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Back to Agenda
d. Execute a separate Urban Growth Area Management Agreement win �Usap k,vuuLy to
address joint issues identified in the Countywide Planning Policies and other matters agreed
to be of mutual interest.
e. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short and long range planning projects.
RR-4 SPECIAL DISTRICTS are governmental subdivisions of the county that are usually
established to provide a defined scope of services. Special districts shall:
a. Be responsible for service provision, capital facility planning and other activities as
authorized by law and legal agreements.
b. Coordinate capital planning and implementation strategies with local governments to assure
consistency with comprehensive plan policies, the Countywide Planning Policies, and the
WA State Growth Management Act.
c. Participate in service provision identification required in each urban growth management
agreement.
d. Coordinate with other agencies as appropriate in multi jurisdictional planning activities;
e. Provide technical assistance as appropriate to assist local governments in comprehensive plan
development, adoption, and implementation.
f. Encourage cooperative agreements and consolidate when possible to formalize participation
in local and regional processes.
g. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short and long-range planning projects.
h. Site and size facilities consistent with local plans.
RR-5 The County and Cities shall coordinate with the County Department of Emergency
Management to ensure the integrity of the National Incident Management system and coordinated
response in the event of disasters and other emergencies.
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Back to Agenda ONTENTS
Appendices A-E
Back to Agenda
TABLE OF CONTENTS
Appendix A: Kitsap Countywide Planning Policy Ratification Process (4-21-21 proposed change,)
r' — — — — — - —
I County, City, & Tnbal
Draft Recisions through Cotmcils review possible
Planning Directors i recisions to the CPP's
Does the re anion
include the CPP
elements?
--------'
SES
KRCC Board
ret-iews and adopts
The Kitsap Regional
revisions to
Coordinating Council Board
appendices Vote
Adopt and Recommend CPPs
• Discuss CPP's
• Release draft for Public Conuuent
• Public Hearing Estimated
• Discuss CPP's 3 Months
Kitsap County • Recommend to County, Cities. &
Adoption by Ordinance Tribes
• SEPA Review
• Kitsap Cotmty Public Hearing Cih' &Tribal Councils Ratify
• Kitsap County Ordinance • Resolution to Ratify (Within
(may change doctrmertt) 90 days of County Ordinance)
Estimated Yes
2 Mouths BTU Up to
• No Resolution: abstention (::3M..
ths
County Ordinance Takes Effect
Begin 60 day CitylState
Appeal Period to GMHB
If 2+Cities don't
3+ Cities Ratif, or Abstain:
60 days Rattfv to KRCC for
- - - -------------- ------------------------------ ... further discussion
Note that the Kitsap Regional Coordinating
Council anticipates refinements
to this process over time.
--------------------- -------------------------------------------
Adopted by Kitsap County Ordinance
must achieve a 7s i
majority vntu
approval by 3 of the
4 cities.
Adoption by
Kitsap County
Appendix A
Adopted by Kitsap County Ordinance 509-2013
Nov. 25, 2013
Padaet Pg. 33
:f, 20i I
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Appendix B1: Population Distribution Through 2036
Jurisdiction
Population
2036
20101
Growth 2
Targets 3
City of Bremerton
37,729
14,288
52,017
Bremerton UGA
9,082
4,013
13,095
Total Bremerton
46,811
18,301
65,112
City of Bain bridge Island
23,025
5,635
28,660
City of Port Orchard
12,323
8,235
20,558
Port Orchard UGA
15,044
6,235
21,279
Total Port Orchard
27,367
14,470
41,837
City of Poulsbo
9,222
1,330
10,552
Poulsbo UGA
478
3,778
4,256
Total Poulsbo
9,700
5,108
14,808
Central Kitsap UGA
22,712
'1 ��
30,476
6,764
29,476
Silverdale UGA
1 `
23335
15,556
8,779
24,335
Kingston UGA
2,074
2,932
5,006
UGA (Includes Cities) To tal
14J.4j4
�° , wv
209,234
147,245
61,989
Rural Non-UGA
1 V''V"
1 V'V` O
122,337
103,888
18,449
Total County
251,133
80,438
331,571
12010 Census data reflects incorporated city and UGA boundaries as of August 31, 2012
2 Population growth reflects new residents through the 2035 planning horizon
3 Changes in City or UGA boundaries du ring the planning horizon may affect
the population distributions. Th is table may be updated periodically to reflect
such changes. These updates do not constitute policy changes to the CPP's
and
will not require adoptio n and ratification by member agencies.
Adopted by Kitsap County Ordinance Date X, 2021
Page 177 of 249
r,,.,, r �r'ANTENTS
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Chair
Commissioner Robert Gelder
Kitsap County
Vice -Chair
Mayor Anne Blair
City ofBainbridge Island
Commissioner Charlotte Garrido
Commissioner Ed Wolfe
Kitsap County
Mayor Pally Lent
Council Member Leslie Daugs
Council Member Greg Wheeler
Council Member Dino Davis -
City of Bremerton
Council Member Wayne Roth
Council Member Sieve Bonkowski
City of Bainbridge Island
Mayor Tim Matthes
CoundiMember Bek Ashby
Council Member Jeff Cartwright*
City of Port Orchard
MayorBeckyErickson
Council Member EdStem -
City of Poulsbo
Council Chair Leonard Forsma
Fisheries Director Rob Purser
Suquamis/J Tribe
Council Chair Jeromy Sullivan
Noo-Kaye) CEO Chris Placentia -
Port Gamble S'Klal/am Tdbe"'
Commissioner Axel Strakellahn
Commissioner Larry Stokes -
Port of Bremerton
Captain Tom Zwolfer
Silvia Klalman, PAO'
Naval BaseKitsap"
Executive Director John Clauson
Ki/sap Transit
Mary McClure
Executive Managemefll
McClure Consulting LLC
'Alternate
"Ex Officio Member
"'Associate Member
Executive Committee
P.O. Box 1934
Kingston, WA 98346
360-377-4900 (voice)
360-297-7762 (fax)
jI w.KitsaofboionaCouncibro
1: ""itsap Regional
Coordinating Council
Countywide Planning Policy: Appendix B-2
Kitsap Countywide Employment Targets: 2010-
Originally Adopted by Resolution (No.2094-09),
by the KRCC Executive Board. July 22, 2014
Countywide Employment/ Population Ratio: 2.65
2036
Growth Allocation:
2010- 2036 Sector Share Summary
Total Job Percent
Job Commercial Industrial
Growth Growth Job Growth Job Growth
Bremerton City
18,003
39%
13,493
4,509
Bremerton UGA
1,385
3%
962
422
Bainbridge Island
2,808
6.1%
1,984
823
Port Orchard City
3,132
6.8%
2,571
560
Port Orchard UGA
1,846
4%
1,712
134
Poulsbo City
4,155
9%
3,607
548
Poulsbo UGA
46
0.1%
44
2
Central Kitsap UGA
1,200
2.6%
1,030
171
Silverdale UGA
9,106
19.7%
6,679
2,427
Kingston UGA
600
1.3%
437
163
Urban UGA
42,281
91.6%
32,521
9,760
(includes Cities)
Rural Non-UGA
3,877
8.4%
2,817
1,060
Total County
46,158
100%
35,338
10,820
Adopted by Kitsap County Ordinance Date X
X r 2021 Page 178 of 249
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Appendix C: Centers of Growth
Reference document: March 22, 2018 PSRC Regional Centers Framework Update
https://www.psrc.org/sites/default/files/final regional centers framework march 22 version.pdf
Table C-1:Regional Growth Centers*
Regional Growth Centers
Description
Regional Growth Centers are locations of more compact, pedestrian -
oriented development with a mix of housing, jobs, retail, services, and
other destinations. Centers receive a significant share of the region's
population and employment growth compared with other parts of the
urban areas while providing improved access and mobility — especially
for walking, biking, and transit.
Types
Metro Growth Center: These Centers have a primary regional role,
with dense existing housing and jobs, transit service and are planning
for significant growth and will continue to serve as major transit hubs
for the region. These Centers also provide regional services and serve
as major civic and cultural centers.
Urban Growth Center: These Centers have an important regional
role, with dense existing jobs and housing, transit service and planning
for significant growth. These Centers may represent areas where
major investments — such as high -capacity transit — offer new
opportunities for growth.
Location
New Regional Growth Centers should be located within a city and
unincorporated urban growth area under certain circumstances.
Designation
• KRCC designates as candidate in Appendix D.
• PSRC designates; must meet PSRC criteria and designation
procedures.
Prioritization
• Completion of a center plan (subarea plan, plan element or
functional equivalent that provides detailed planning or analysis)
that meets PSRC guidance prior to designation.
• Environmental review that demonstrates the center area is
appropriate for dense development.
• Assessment of housing need and documentation to provide
housing choices affordable to a full range of incomes and
strategies.
Density
• Urban Growth Center
o Existing density of 18 activity units per acre minimum
o Planned target density of 45 activity units per acre
minimum
• Metro Growth Center
o Existing density of 30 activity units per acre minimum
o Planned target density of 85 activity units per acre
minimum
Other Requirements
• Local Commitment: Evidence the RGC is a local priority and
sustained commitment to local investment in creating a walkable,
livable center is demonstrated.
d
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• Mix of Uses: Goal for a minimum mix of at least 15% planned
residential and employment activity in the RGC.
• Market Potential: Evidence of future market potential to support
planned target.
• Role: Evidence of regional role for RGC, i.e. serves as important
destination for the county, city center of metropolitan cities, other
large and fast-growing centers.
• Jurisdiction is planning to accommodate significant residential and
employment growth under PSRC Regional Growth Strategy.
• Bicycle and pedestrian infrastructure, amenities and a street
pattern that supports walkability.
Size and • Urban Growth Centers:
Configuration o 200 acres minimum and 640 acres maximum (may be
larger under specific circumstances)
• Metro Growth Centers:
o 320 acres minimum and 640 acres maximum (may be
larger under specific circumstances)
• Nodal with a generally round or square shape, avoiding linear or
gerrymandered shapes that are not readily walkable or connected
by transit.
Transit" • Urban Growth Centers:
o Existing or planned fixed route bus, regional bus, Bus
Rapid Transit, or other frequent and all -day bus service.
o May substitute high -capacity transit mode for fixed route
bus.
• Metro Growth Centers:
o Existing or planned light rail, commuter rail, ferry or other
high capacity transit with similar service quality as light
rail.
o Evidence the area serves as major transit hub and has high
quality/high capacity existing or planned service.
* All criteria is as set forth in PSRC 2018 Regional Growth Framework Update; no additional criteria established in Table C-1.
See PSRC information on Regional Growth Centers:
httn s://www.psrc.oEg/sites/default/files/centersdesignationi2rocedures.pdf
https://www.psrc.org/sites/default/files/centerschecklist.pdf;
https://www.psrc.oEg/sites/default/files/final regional centers framework march 22 version. df
** Transit for RGCs has specific criteria as outlined in the 2018 Regional Growth Framework Update; please refer to Framework
for specific transit criteria.
d
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November 14, 2011
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Table C-2: Manufacturing/Industrial Centers (MIC)*
Manufacturing/Industrial Centers
Description
Manufacturing/Industrial Centers preserve lands for family -wage
jobs in basic industries and trade and provide areas where employment
may grow in the future. Manufacturing/Industrial Centers form a
critical regional resource that provides economic diversity, supports
national and international trade, generates substantial revenue and
offers higher than average wages.
Types
Industrial Employment Center: These Centers are highly active
industrial areas with significant existing jobs, core industrial activity,
evidence of long-term demand, and regional role. They have a legacy
of industrial employment and represent important long-term industrial
areas, such as deep -water ports and major manufacturing. The intent
of this designation is to, at a minimum, preserve existing industrial
jobs and land use and to continue to grow industrial employment in
these Centers were possible. Jurisdictions and transit agencies should
aim to serve with transit.
Industrial Growth Center: These regional clusters of industrial lands
have significant value to the region and potential for job growth.
These large areas of industrial land serve the region with international
employers, industrial infrastructure, concentrations of industrial jobs,
and evidence of long-term potential. The intent of this designation is
to continue growth of industrial employment and preserve the region's
industrial land base for long-term growth and retention. Jurisdictions
and transit agencies should aim to serve with public transit.
Location
Manufacturing/Industrial centers should be located within a city with
few exceptions.
Designation
• KRCC designates as candidate in Appendix D.
• PSRC designates; must meet PSRC criteria and designation
procedures.
Prioritization
• Completion of a center plan (subarea plan, plan element or
functional equivalent that provides detailed planning or analysis)
that meets PSRC guidance prior to designation. Where applicable,
the plan should be developed in consultation with public ports and
other affected governmental entities.
• Environmental review that the area is appropriate for
development.
Criteria
• Industrial Employment Center
0 10,000 minimum existing jobs
0 20,000 minimum planned jobs
o Minimum 50% industrial employment
o Presence of irreplaceable industrial infrastructure
o Minimum 75% of land area zoned for core industrial uses
• Industrial Growth Center
o Minimum size of 2,000 acres
0 4,000 minimum existing jobs
Adopted by Kitsap County Ordinance 476-2011
November 14, 2011
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0 10,000 minimum planned jobs
o Minimum 50% industrial employment
o Minimum 75% of land area zoned for core industrial uses
Other Requirements
• Local Commitment: Evidence the MIC is a local priority and has
sustained commitment overtime to investments in infrastructure
and transportation, and sustainability of industrial uses.
• Industrial retention strategies are in place.
• Serves a regional role for employment.
Transit
• If MIC is in a transit service district, availability of existing or
planned frequent, local, express or flexible transit service.
• If MIC is outside of a transit service district, documented
strategies to reduce commute impacts through transportation
demand management strategies consistent with Regional
Transportation Plan Appendix F (Regional TDM Action Plan) -
Existing Conditions
Adequate infrastructure and utilities to support growth, access to
relevant transportation infrastructure, documentation of economic
impact, and justification of size and shape of center.
* All criteria is as set forth in PSRC 2018 Regional Growth Framework Update; no additional criteria established
in Table C-2. See PSRC information on Manufacturing/Industrial Centers:
hops://www.p src.2M/sites/default/files/centersdesignationprocedures.pdf
https://www.psrc.org/sites/default/files/centerschecklist.13 df
hms://www.psrc.org'sites/default/files/final regional centers framework march 22 version-Rdf
Table C-3: Countywide Growth Centers
Coun 'de Growth Centers
Description
Countywide Growth Centers serve important roles as places for
concentrating jobs, housing, shopping, and recreation opportunities.
These are areas linked by transit, provide a mix of housing and
services, and serve as focalpoints for local and county investment.
Identification
• Identified as a Countywide Growth Center in the local
comprehensive plan.
• Identified in Kitsap County Countywide Planning Policies
Appendix D.
Prioritization
• Subarea plan may be developed for the Center.
• If a subarea plan is not prepared, policies and infrastructure
analysis shall be incorporated into the local comprehensiveplan.*
Existing Conditions
At the time of identification, the center shall have:
• An existing activity unit (AU) density of 10 AU/acre.
• Located within a city or unincorporated urban growth area.
• An existing planning and zoning designation for a mix of uses of
20% residential and 20% employment.
• A cVacity and planning for additional growth.
Size and
• 160 acres minimum and 500 acres maximum.
Configuration
o A smaller sized Countywide Growth Center may be
approved if the jurisdiction demonstrates within its
com rehensive plan or subareaplan:
d
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NTENTS
■ Meets all other criteria (i.e. activity units, mix of
uses, capacity for additional growth); and
■ The Center is within a walkshed with pedestrian
connectivity that lacks barriers, and is approximate
Y2 mile wide and long; or
■ The Center encompasses area(s) that fall within a
'/ mile radii from an existing or planned transit
service; or
■ The Center encompasses area(s) that fall within a
mile radii from an existing or planned ferry
terminal.
• Recommended centers are generally round or square, although
other configurations are acceptable if overall the center
configuration supports the planned growth and are walkable and/or
connected by transit.
Multimodal • Served by multi -modal transportation, including:
Considerations o Transit service, including ferries (foot and vehicle)
o Pedestrian infrastructure
o Street pattern that supports walkability
o Bicycle infrastructure and amenities
Other Requirements • Activity Units means the sum of population and jobs units per
gross acre, as defined by PSRC; calculation of activity units shall
be completed by PSRC or other acceptable methodology proposed
by the jurisdiction. *
*Table X-3 Countywide Centers of Growth criteria is as set forth in PSRC 2018 Regional Growth Framework Update; criteria identified
with an * and in italics is additional criteria specific to Kitsap CPP Appendix C.
htips://www.psrc.oig/sites/default/files/final regional centers framework march 22 version.pdf
Table C4Countywide Industrial Centers*
Countywide Industrial Centers
Description
Countywide Industrial Centers serve as important local industrial
areas that support living wage jobs and serve a key role in the
count 's manufacturing/industrial economy.
Identification
• Identified as a Countywide Growth Center in the local
comprehensive plan.
• Identified in Kitsap County Countywide Planning Policies
Appendix D.
Prioritization
• Subarea plan may be developed for the Center.
• If a subarea plan is not prepared, policies and infrastructure
analysis, including identification of investment priority of the
Center, shall be incorporated into the local comprehensive plan.
Existing Conditions
At the time of identification, the Center shall have:
• A minimum of 1,000 existing jobs, and/or a minimum of 500
acres of industrial zoning.
• Defined transportation demand management strategies in
lace.
Adopted by Kitsap County Ordinance 476-2011
November 14, 2011
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• At least 75% of the center zoned for core industrial uses.
• Existing capacity and planning for additional employment
Other Requirements The Center shall:
• Have industrial retention strategies in place.
• Play an important county role and concentration of industrial
land or jobs with evidence of long-term demand.
* All criteria as set forth in PSRC 2018 Regional Growth Framework Update; no additional criteria established in Table C-4.
hiips://www.psrc.oLp-/sites/default/files/final regional centers framework march 22 version. df
Table C-5: Local Centers
Local Centers
Description Local Centers are central places that support communities. These
places range from neighborhood centers to active crossroads and play
an important role in the region. Local centers help define community
character and usually provide as local gathering places and
community hubs; they also can be suitable for additional growth and
focal points for services. As local centers grow, they may become
eligible for designation as a countywide or regional center.
Identification • Identified in local comprehensive plans.
• Not identified in Countywide Plannin Policies.
* All criteria as set forth in 2018 Regional Growth Framework Update; no additional criteria established in Table C-5.
httns://wwwpsrc.oWdsites/default/files/final regional centers framework march 22 version.pdf
Table C-6: Military Installations
Military Installations
Description
Military Installations are a vital part of the region, home to thousands
of personnel and jobs, and a major contributor to the region's
economy. While military installations are not subject to local,
regional or state plans and regulations, Kitsap local governments and
Tribes recognize the relationship between regional growth patterns
and military installations, and the importance of how military
employment and personnel affect all aspects of regional planning.
Types/Designation
• Major Military Installations are defined as installations with
more than 5,000 enlisted and service personnel.
• Smaller Military Installations are specified by RCW
36.70A.530 and identifies them as federal military
installations, other than a reserve center, that employs 100 or
more full-time personnel.
_
Identification
• Identified in Comprehensive Plan of jurisdiction is located.
• Identified in Kitsap County Countywide Planning Policies
Appendix D.
d
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Page 184 of 249
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Other Requirements • Military Installations may be considered countywide centers
or equivalent as allowed by 2018 Centers Framework Update
in order to ensure*:
o Freight routing and mobility into and between the
military installations;
o Accessibility and connectivity to transportation
corridors;
o Safety, accessibility and mobility conditions where
freight and passenger transportation systems interact.
• The identification of a Military Installation as a countywide
center or equivalent shall not be used as justification or
support urban levels of densities if the MI is not located within
an urban growth area. *
Table C-6 Military Installations criteria is as set forth in PSRC 2018 Regional Growth Framework Update; criteria identified with an
is additional criteria specific to Kitsap CPP Appendix C.
httys://www.psrc.org/sites/default/files/final_reitional_centers_framework_ march_22 version.pdf
Adopted by Kitsap County Ordinance 476-2011
November 14, 2011
Page 185 of 249
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Appendix D:List of Centers 2021
Growth Centers and Manufacturing/Industrial Centers (PSRC designated)
-Regional
Jurisdiction
Regional Center Name
Regional Center Type
City of Bremerton
Bremerton
Metro Center
Kitsap County
Silverdale
Urban Center
City of Bremerton
Puget Sound Industrial Center
- Bremerton
Manufacturing/Industrial
Growth Center MIC
Candidate Regional Growth
Center or ManufacturinWIndustrial Center
Countywide Centers
Jurisdiction
Countywide Center Name
Countywide Center Tv e
Kitsap County
Kingston
Growth Center
Kitsap County
McWilliams/SR 303
Growth Center
City of Bremerton
Charleston DCC Center
Growth Center
City of Bremerton
Eastside Village Center
(previously Harrison
Hospital)
Growth Center
City of Port Orchard
Downtown Port Orchard
Growth Center
Candidate Countywide Centers
of Port Orchard
Ruby Creek
Growth Center
-City
of Port Orchard
Mile Hill
Growth Center
-City
OV of Port Orchard
Sed wickBethel Center
Growth Center
City of Poulsbo
Downtown Poulsbo/SR 305
Corridor
Growth Center
City of Bainbridge Island
Winslow
Growth Center
Military Installations
Military Installation Name
Type of Installation
Bremerton
Naval Base Kitsap —
Bremerton
Major Installation
Bremerton
Naval Base Kitsap — Jackson
Park
Smaller Installation
Coun
Naval Base Kitsap — Bangor
Major Installation
_Kitsap
-Kitsap County
Naval Base Kitsap - Keyport
Smaller Installation
D -1 Centers Desi s nation Process shall occur as set forth below:
a. Appendix D - List of Centers 2021:
i. The Countywide Centers identified in Appendix D — List of Centers 2021 are those Growth
Centers that are: 1) identified in previous Kitsap CPP Appendix F or identified in a
comprehensive or subarea plan by April 2020; and 2) where planning (comprehensive or
subarea) has been completed by the jurisdiction, and 3) which meets the criteria of a
countywide Center and is intended to accommodate a concentration of the 2024 growth
targets. A review and confirmation of the identified Countywide Centers will occur as part of
the 2024 GMA Periodic Comprehensive Plan Update, as set forth below, and consistent with
Policy C-4.b.
b. As part of 2024 GM Periodic Comprehensive Plan Update:
Adopted by Kitsap County Ordinance 476-2011
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i. Jurisdictions have identified Candidate Centers in Table D-1, locations which it anticipates a
concentration of its residential and employment growth target will be accommodated for its
2024 GMA Comprehensive Plan Periodic Update.
ii. Jurisdictions shall complete planning for each Candidate Center as part of its 2024 GMA
Comprehensive Plan Update, consistent with Policy C-4.b and Appendix C.
iii. Centers not listed as Candidate Centers in Table D-1 may also be proposed for identification
as a Center, if during the jurisdiction's 2024 GMA Comprehensive Plan Periodic Update
process, a different or additional locations were identified and planning consistent with Policy
C-4.b was completed.
iv. After adoption of jurisdiction's 2024 GMA Comprehensive Plan Update, KRCC shall invite
jurisdictions by second quarter 2025 to submit comprehensive plan chapters/sections or
subarea plans for review to convert the candidate status to full Countywide Center status. An
application, checklist or other tool may be created by KRCC to aid evaluation and
confirmation.
V. Members of P1anPol or other designated subcommittee shall review the submitted
comprehensive plan sections or subarea plans and provide recommendation to the full KRCC
Board.
vi. KRCC Board shall finalize Centers designations by amending Appendix D, and adoption and
ratification follows the amendment process established in Appendix A.
c. Prior to 2024 GMA Periodic Comprehensive Plan Update:
i. A jurisdiction may request the KRCC Board consider a full Center designation (i.e. a
conversion from candidate to full Center, or propose a new Center) prior to the 2024 GMA
Periodic Comprehensive Plan Update process (identified in D-Lb) in order to recognize
planning the jurisdiction has completed.
a. The comprehensive plan chapter/section or subarea plan must demonstrate that the
proposed Center meets the criteria and requirements of the 2018 Centers Framework
Update and Appendix C.
b. The comprehensive plan chapter/section or subarea plan must demonstrate that the
proposed Center is planned and has capacity to accommodate a concentration of the
jurisdiction's residential and employment growth targets.
ii. The jurisdiction may request annually by February 15a' prior to 2025 for consideration by the
KRCC Board. An application, checklist or other tool may be created by KRCC to aid
evaluation and confirmation.
iii. Members of P1anPol or other designated subcommittee shall review the submitted subarea
plans and provide recommendation to the full KRCC Board.
iv. KRCC Board shall vote on Centers designation amendment(s) to Appendix D, and adoption
and ratification follows the amendment process established in Appendix A.
d. After the 2024 GMA Periodic Comprehensive Plan Update:
i. Centers designations are generally on an eight -year cycle consistent GMA periodic update;
growth forecasting and distribution; or when necessary, a five-year cycle consistent with
PSRC's major plan update(s).
ii. After the finalization of Center designations in 2025, jurisdictions may request new Centers
be designated upon a circumstance authorized by Policy C-4.a.
iii. A jurisdiction may request a new center designation during a planned update to the Kitsap
Countywide Planning Policies, or outside of a planned update subject to approval of the
KRCC Executive Board -
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November 14, 2011
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0&"Wda
iv. An application, checklist or other tool may be created by KRCC to aid evaluation of a new
proposed center.
V. Members of P1anPol or other designated subcommittee shall review the submitted
comprehensive plan and/or subarea plan and provide recommendation to the full KRCC
Board.
vi. KRCC Board shall finalize Centers designations by amending Appendix D, and adoption and
ratification follows the amendment process established in Appendix A.
d
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November 14, 2011
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Adopted by Kitsap County Ordinance 476-2011
November 14, 2011
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APPENDIX E
KITSAP REGIONAL COORDINATING COUNCIL
INTERLOCAL AGREEMENT
Adopted by Kitsap County, all four Cities and
the Port of Bremerton: 11/22/12 — 02/14/13.
Amendments to the 2001 ILA that established
KRCC were made in 2006 and 2007.
THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to provisions
of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW.
WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for
intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous
and comprehensive regional planning process and efficient service delivery; and
WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of
regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital
facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution,
parks and recreation, transportation planning, and economic development; and
WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review can
best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction
from the undersigned member agencies according to the provisions of this Agreement; and
WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure
consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap
Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use
plans as required by the GMA; and
WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing
County- wide Planning Policies (CPPs) under the GMA as a framework to guide Kitsap County and cities situated within
the County in developing their comprehensive land use plans.
THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed:
I. NAME
This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL ("Council'), a separate legal
entity since 2001.
II. DURATION
The Agreement shall remain in force and effect perpetually or until terminated by majority vote of the member agencies.
III. DEFINITIONS
For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this
section unless the context of their use dictates otherwise:
A. "Member agency" means a voting and dues paying municipal or other government entity
located within Kitsap County which is a party tothis Agreement.
B. "State" means the State of Washington.
C. "Region" means the territory physically lying within the boundaries of Kitsap County.
D. "Kitsap Regional Coordinating Council' or "Council' means the separate legal entity established by this
Adopted by Kitsap County Ordinance X
X, 2021
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Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities
delegated pursuant to the provisions of this Agreement.
E. "Majority vote" means more than one-half of the votes cast when a quorum is present and must
include a majority of votes from County commissioners and a majority of votes from the representatives of at least two
separate cities.
F. "Executive Board" shall mean the representatives of member agencies of the Kitsap Regional
Coordinating Council identified in Article IV.B. of this Agreement.
G. "Cost Allocation" means annual dues (the annual allocation among Member agencies of the cost of Council
operations determined by the Executive Board for the purposes of calculating members' obligations to contribute to the
funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of
withdrawal or termination).
H. "Ex Officio Member" means a non -voting, non -dues paying member of the Council.
I. "Two-thirds majority vote" means a majority vote and also requires a majority of votes from
County commissioners and a majority of votes from the representatives from at least two separate cities.
J. "Associate Member" means a member of the Council which is not a party to this Agreement and who enters
into a separate agreement with the Council that establishes the Associate Member's level of participation in Council activities.
IV. MEMBERSHIP AND REPRESENTATION
A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by
execution of this Agreement and payment of any required cost allocation as established by the Executive Board.
B. Executive Board. The Executive Board is comprised of the following representatives of member agencies:
County Government: three (3) members of the Kitsap County Board of Commissioners.
2. City Governments:
a. The Mayor of each city having a population of 10,000 persons or less;
b. The Mayor and one (1) member of the City Council of each city having a population
between 10,001 persons and 30,000 persons;
C. The Mayor and two (2) members of the City Council of each city having a population
greater than 30,000 persons;
d. A city with a Council/Manager form of government may select one (1)
member of the City Council instead of a Mayor. The number of additional
City Council members representing the city shall be as described in 2(a-c)
above.
3. Port of Bremerton: one (1) representative consisting of a
Port Commissioner.
4. City Council, and Port of Bremerton representatives may be selected by whatever means
established by each specific member agency for a two (2) year term.
C. The determination of the population of cities will be the most recent annual population estimate of cities
and towns prepared by the Washington State Office of Financial Management.
D. A municipal or government entity or a federally recognized Indian Tribe that desires to become a member of
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the Council must obtain permission to do so by majority vote of the Executive Board. The required permission applies to any
entity that wishes to become a Member or Ex Officio Member. A municipal or government entity or a federally recognized
Indian tribe that wishes to become an Associate Member must obtain permission to do so by a majority vote of the Executive
Board, and must
present a draft agreement for the Executive Board's consideration, establishing the proposed terms, duties, powers and
privileges for Associate Member status.
V. POWER, AUTHORITY, AND PURPOSE
This Agreement does not confer additional substantive powers or authorities on member agencies. The powers and
authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council
has the following power, authority, and purpose:
A. Provide a regional forum for regional deliberations and cooperative decision -making by the region's elected
officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate
differences among governments throughout the region.
B. Consistent with the GMA, coordinate and ensure consistency when developing comprehensive land use plans.
C. Consistent with the GMA, develop CPPs to be used as a framework to guide the County and the
Cities in developing their comprehensive land use plans;
D. Coordinate actions to provide for the distribution of state and federal grant funds, including but not
limited to federal transportation funding, community development block grants, and low income housing grants.
E. Undertake continuous, cooperative study and planning of regional and governmental problems of mutual
interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public
buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation
planning.
Coordinate actions to provide for a sustainable economy and environment for the region.
G. Carry out such other planning and coordinating activities authorized by majority vote of the Council
including participation in other forums and organizations.
H. Establish Bylaws, to be amended from time to time, that govern the procedures of the Council. The
Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein.
I. Contract for administrative services and enter into other agreements as deemed appropriate and/or
necessary to implement this Agreement.
J. Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in
and with real or personal property, or any interest therein, in the name of the Council.
K. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of its property and assets.
L. Sue and be sued, complain and defend, in all courts of competent jurisdiction in the Council's name.
M. To engage in any other activity necessary to further the Council goals and purposes to the extent
authorized by chapter 39.34 RCW.
N. Apply for such federal, state, or private funding of any nature as may become available to assist the
organization in carrying out its purposes and functions.
O. Identify and examine issues such as governance, growth policies, development standards, service
provision, revenue -cost sharing and municipal annexations in urban growth areas.
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P. Strive to represent the consensus of views on growth management and planning issues among member
agencies. The Council makes recommendations on behalf of those jurisdictions to multi -county regional agencies and State
government on behalf of member agencies, on proposed changes to multi -county regional plans, state plans and laws.
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Q. Represent the views or position of member agencies within the County on issues of consistency or the
resolution of conflicts related to the multi -county regional growth strategy and transportation plan.
R. Make appointments to committees and boards of multi -county regional organizations (e.g. Puget Sound
Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent
more than one member agency of the Council. Members appointed to such committees and boards shall represent the
consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such
committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status
of discussions on that issue.
S. Review this Interlocal Agreement no fewer than every 10 years with the assistance of legal counsel.
VI. FINANCING
A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment
by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its
membership status revoked by majority vote of the Executive Board.
B. Local Government Accounting. All services and transfers of property to the Kitsap Regional
Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210.
VII. FISCAL YEAR AND BUDGET
A. The Fiscal Year. The fiscal year shall coincide with the calendar year.
B. Adoption of Budget. By September of each year the Executive Board shall adopt a draft annual work
program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and
expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall
be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall
occur without the approval of the Executive Board.
C. Notice of Budget. On or before September 30, the Executive Board shall provide written notice of the
ensuing year's draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or
before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation
adopted for the ensuing fiscal year to the designated representative(s) of each member agency.
D. Accounting, Budgeting, and Reporting. The Council shall be subject to the Budgeting Accounting &
Reporting System (BARS) applicable to Category 1 local governments.
E. Fiscal Agent. The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall
serve, and be subject to removal, pursuant to the terms and conditions as established by agreement between the fiscal agent
and the Council.
F. Contracting. All contracts made by or on behalf of the Council shall be in accordance with state law,
including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW.
VIII. WITHDRAWAL FROM AGREEMENT
Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6)
months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall
remain responsible for its financial and other obligations with regard to Council activities until the effective date of
withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of
withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any
other remaining member agencies.
Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any
rights it may have to the Council's assets; provided, however, such forfeiture shall not take effect if the Council dissolves
within one (1) year of the date of the withdrawal notice.
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IX. DISPOSAL OF ASSETS
Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges
validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date
of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the
Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and
obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. If assets cannot
reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall
offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale
in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement.
X. LIABILITY AND INSURANCE
A. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council,
Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of
their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at
its cost, upon request by the member agency, ex officio agency, and/or employee.
B. The Executive Board shall obtain commercial general liability, and auto liability insurance coverage for the
Council, Executive Board, and any staff employed by the Council, at levels no less than $1 million single occurrence and $2
million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective
elected officials, officers, agents, and employees as additional insured's. The Executive Board shall annually evaluate the
adequacy of the Council's insurance coverage.
C. The Executive Board shall require that all contractors and subcontractors utilized by the Council obtain
insurance coverage consistent with Article X.B.
XI. LEGAL REPRESENTATION
The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or
an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally,
Council may retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve,
and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the
Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel.
XII. ENTIRE AGREEMENT
This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal agreements and all prior
discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement
and constitutes the entire contract between the parties.
M!1�a[0111W[i1,11yColo
Except as provided by Article XIX, the terms of this Agreement shall not be altered or modified unless agreed to in
writing by all member agencies and such writing shall be executed with the same formalities as are required for the
execution of this document.
XIV. WAIVER
The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall
not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect.
XV. NOTICE
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Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in
writing to the representative(s) identified in Article IV.B. of this Agreement. Notice is effective on the third day following
deposit with the
U.S. Postal Service, regular mail.
XVI. SEVERABILITY
If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.
XVII. CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance.
Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted
and maintained only in a court of competent jurisdiction in Kitsap County, Washington.
XVIII. CLAIMS
A. Any claim for damages made under chapter 4.96 RCW shall be filed with the
Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614
Division Street, MS-4, Port Orchard, Washington, 98366.
B. Upon receipt of a claim for damages, or any other claim, a copy of the claim will be provided by the Clerk of
the Board to each member of the Executive Board.
XIX. EXECUTION AND FILING
A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement
distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this
Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of
this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the
Agreement to each of the parties. Parties that sign on as Members at a later date will provide original signature pages of this
Agreement to the Clerk of the Kitsap County Board of Commissioners, who shall file the signature pages provided with the
Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the signature pages filed later,
to each of the parties. Addition of parties at a later date will not constitute a modification under Section XIII of this
Agreement.
B. Later Approval and Filing. Later approval and filing of this Agreement by additional parties as set forth in
Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County
Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement.
XX. EFFECTIVE DATE
This Agreement shall go into effect among and between the parties upon its execution by all of the parties, as
evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX.
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Kitsap Regional Coordinating Council (KRCC)
Board Meeting Summary
July 6, 2021 1 3:00 PM - 5:00 PM
Virtual Meeting following Governor Inslee's Stay at Home Order
Version 7-23-21
Decisions
The KRCC Board decided to:
• Approve the 5/4/2021 KRCC Board meeting summary.
• Adopt and recommend the Kitsap Countywide Planning Policies (CPPs) as amended and
move them forward to Kitsap County for ratification.
status
Actions
Update the CPP document to include the amendments approved ,
bLDC, Inc. Complete
y the KRCC Board.
Review the CPP document for scrivener's errors and make KRCC Staff Complete
appropriate edits.
KRCC Staff and
Send the KRCC Recommend CPPs to Kitsap County. Councilmember Complete
Ashby
1. WELCOME AND INTRODUCTIONS
Councilmember Ashby welcomed participants to the KRCC Executive Board meeting and introduced
each KRCC Board member. She noted that 14 voting members were present. See Attachment A for
KRCC Board members in attendance and Attachment B for non -Board members in attendance.
Mayor Putaansuu recommended using Zoom Webinar for future KRCC Board meetings to avoid
issues with "Zoom -bombing."
Commissioner McClure noted that she needed to leave the meeting before the vote. She expressed
gratitude for the robust process and participation in reviewing and updating the Countywide Planning
Policies.
2. CHAIR'S COMMENTS
Councilmember Ashby reminded participants that the KRCC Board uses unanimous consent for
approval of routine items. However, actions that relate to the Kitsap CPPs will require a roll call vote.
Councilmember Ashby explained that this meeting will include a public hearing on the CPPs, during
which anyone can give testimony.
3. CONSENT/ACTION ITEMS
A. Approve the 5/4/2021 KRCC Board meeting summary.
Mayor Wheeler made the motion to approve the 5/4/2021 KRCC Board meeting summary.
Councilmember Daugs seconded the motion. The motion passed with unanimous consent.
B. Review the April Executive Committee meeting summary
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Councilmember Ashby explained that the April Executive Committee meeting can be found in the J�
6 KRCC Board meeting reference packet.
4. FULL DISCUSSION/ACTION ITEMS
A. For reference: Center Overview Table
Betsy Daniels, Interim KRCC Program Director, shared a reference table (located in the July 6 KRCC
Board meeting action packet, page 14) for KRCC Board members to use during the discussion of the
draft CPPs. The table clarifies the different types of centers. Chairman Forsman originally requested
this table at the May 4 KRCC Board Study Session. KRCC staff created this table with review from the
KRCC Executive Committee and Land Use Technical Advisory Committee (LUTAC).
5. PUBLIC HEARING ON DRAFT KITSAP COUNTYWIDE PLANNING POLICIES
A. Staff report: draft Kitsap Countywide Planning Policies
Betsy introduced Clay White, LDC, Inc., who has worked closely with the KRCC Board and committees
over the last 10 months to update the CPPs based on the interests of all jurisdictions and residents
of Kitsap. Clay reminded participants that Kitsap is required to update its CPPs by the Washington
State Growth Management Act (GMA). The primary goal of the update was to make the Kitsap CPPs
consistent with GMA requirements and VISION 2050.
B. Review the CPP Public Comment Table
Clay explained that the CPP public comment table (action packet, page 98) included every
submitted comment on the draft CPPs, along with responses to comments for the Board's review.
The table is organized by CPP element and includes separate columns for specific and general policy
comments.
Clay reminded participants that KRCC released the draft CPPs (with the exception of Element D) for
public comment on May 7, 2021, and the public comment period was open until June 25, 2021.
Element D of the CPPs was released for public comment between June 11 and June 25. KRCC
received 14 separate public comments. Clay briefly summarized the feedback received related to
each CPP element. The July 6 KRCC Board presentation includes this feedback summary.
C. Open Public Hearing
Councilmember Ashby opened the public hearing on the draft CPPs. She invited members of the
public to give testimony.
D. Public Testimony
Beverly Parsons, Kitsap Environmental Coalition, provided testimony. She expressed appreciation for
the opportunity to provide public comment on the draft CPPs, and for Clay's overview of the public
comments. She emphasized three comments made in previous reviews of the draft CPPs:
i. The CPPs do not seem to adequately acknowledge changing climate conditions and risks to
water, air, soil, and all forms of life.
ii. The policies need to put the rights of the public and the environment above the interests of
developers.
iii. The action statement seems far too weak to achieve the vision and objectives statements.
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Beverly asked a question for KRCC Board members to consider moving forward: are your plans
considering the increased rate of change in conditions? Is exponential change, rather than linear
change, being adequately considered?
Margaret Tufft also provided testimony. She explained that she was raised in California during a time
when it was decided to start shipping water to Los Angeles. Now, California faces significant
environmental challenges. She expressed concern that Kitsap is looking in the same direction. She
shared that in the past, the Kitsap Public Utility District (KPUD) was not concerned about water. Now,
they are concerned. Margaret emphasized the importance of not making the same mistakes. She
shared that Kitsap should plan only to bring in as much population as the environment can take care
of and the environment is changing faster than we realize.
E. Close Public Hearing
Councilmember Ashby thanked members of the public for providing comments. She closed the
public hearing on the draft CPPs.
F. Discuss each proposed element and affirm agreement
Councilmember Ashby explained that the KRCC Board will go through the draft CPPs element by
element and seek consensus to move each element forward. At the end, the Board will conduct a roll
call vote on whether to approve the CPPs as a whole.
Introduction
KRCC Board members did not raise comments or concerns about the Introduction. The
Introduction moved forward with unanimous consent.
ii. Element A: Countywide Growth Pattern
KRCC Board members did not raise comments or concerns about Element A. Element A
moved forward with unanimous consent.
iii. Element B: Urban Growth Areas
Councilmember Stern thanked jurisdictions' planning staff for their work on this element.
Element B moved forward with unanimous consent.
iv. Element C: Centers of Growth
KRCC Board members shared the following comments:
• Councilmember Ashby explained that this section was rewritten for consistency with
VISION 2050. This involved restructuring, adding technical criteria for areas to
become centers, and adding a list of centers to the appendices.
• Commissioner Garrido asked if this would be an appropriate element to consider the
public comment about the rate of change. She expressed support for factoring in the
rate of change in decision -making regarding plans and growth rates.
• Mayor Erickson expressed disagreement with the public comment because it is
based on anecdotal information. Change occurs at different rates throughout Kitsap
County; some areas change quickly and some not at all.
• Mayor Putaansuu shared that the GMA requires Kitsap to concentrate growth into
cities and preserve rural areas; jurisdictions are working hard to make that happen.
People are moving to Kitsap because it is a desirable area; this cannot be stopped.
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Element C moved forward with unanimous consent.
Element D: Rural Land Uses and Development Patterns
KRCC Board members shared the following comments:
• Mayor Putaansuu explained that this was a contentious element that resulted in
compromise. He expressed appreciation to Councilmember Ashby, Clay White, KRCC
staff, jurisdictions' planning staff, and Commissioner Gelder for their work to find
common ground.
• Commissioner Wolfe thanked his colleagues for their collaborative approach on this
item.
Councilmember Ashby noted that the paragraph on rural communities, which KRCC
PlanPOL had agreed to, seemed to have been inadvertently removed from the draft
CPP document.
Commissioner Gelder made a motion to add the following statement, which had been
inadvertently removed, back into the CPPs:
"Rural Communities are smaller developed areas with existing residential,
commercial and/or industrial land uses where growth is not expected. They may
include clear neighborhoods with limited services. Examples of such communities
include, but are not limited to, Burley, Sunnyslope, Seabeck, Lake Symington,
Indianola and Hansville."
Mayor Putaansuu seconded the motion. The motion passed with unanimous consent.
Element D moved forward as amended with unanimous consent.
vi. Element E: Natural Environment
KRCC Board members shared the following comments:
• Councilmember Deets thanked the Kitsap Environmental Coalition for their
comments on this element. He suggested changing "should" to "shall" for policies a.
- f. in NE-8 because he does not anticipate any jurisdictions having issues following
those policies.
• Mayor Putaansuu explained that each city can choose to be more restrictive than the
policies in the CPPs.
• Mayor Erickson expressed discomfort with Councilmember Deets' proposal regarding
policy f. She explained that she does not know what state and regional limitations
currently are. Regional targets developed for Seattle might be very different than
regional targets in Kitsap.
• Commissioner Wolfe shared that the intent is good, though this change could open a
pandora's box, which jurisdictions may not be ready for. Mayor Erickson and Mayor
Putaansuu agreed.
• Commissioner Gelder shared that some aspects of the CPPs, being aspirational,
allow for greater flexibility. There are items that are yet to be defined. A more holistic
regional conversation needs to occur regarding water and climate change. This
conversation should include definitions, otherwise jurisdictions do not know what
they are planning for.
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• Councilmember Schneider agreed that, because there is uncertainty about state and
regional targets, policy f. should not include the word "shall." However, this may not
be the case for every policy under NE-8. Some of these policies, such as a. and b.,
could be changed to "shall."
• Mayor Erickson expressed concern for changing policy a. to "shall" because the
policy could be interpreted in many ways.
• Commissioner Wolfe agreed that interpretation and details are important. He
recommended leaving the policies as written for now.
• Mayor Wheeler agreed with Commissioner Wolfe and encouraged a more cautious
approach because this discussion was not included in the hours of prior
deliberations. He recommended a breakout session to consider strengthening these
policies at a later date.
• Councilmember Ashby explained that NE-8 is entirely new. The previous version of
the CPPs did not include a climate change session. These policies deliberately
included "should" because the exact definitions and implications of the policies are
currently unknown. This is a starting point to build on during future discussions.
• Councilmember Deets expressed appreciation for Board members' thoughtful
comments. He explained that he would vote in opposition of moving Element E
forward as written.
Because of the lack of unanimous consent, Councilmember Ashby called for a roll call vote to
move Element E forward as written. Element E moved forward with 12 of the 13 voting
members present voting for approval. These members were Councilmember Schneider,
Councilmember Daugs, Mayor Wheeler, Councilmember Ashby, Mayor Putaansuu, Mayor
Erickson, Councilmember Stern, Commissioner Garrido, Commissioner Gelder, Commissioner
Wolfe, Director Clauson, and Commissioner Strakeljahn. Councilmember Deets voted against
moving Element E forward as written.
vii. Element F: Contiguous, Compatible, and Orderly Development
KRCC Board members shared the following comments:
• Councilmember Deets suggested, based on a comment from the Suquamish Citizens
Advisory Council, amending D-6 c. and d. to replace "consider" with "shall."
• Mayor Wheeler expressed support for Councilmember Deets' suggestion and
explained that these strategies can be implemented, are important, and have been
discussed during the deliberation process.
• Commissioner Gelder asked for more information about planning directors'
discussion of this topic. He shared that the current language of "consider" was
settled on because the policies are new to the CPPs. He shared that "shall" would be
fairly prescriptive, though "should develop" would strengthen the policies while
allowing for jurisdictional flexibility.
• Clay explained that the planning directors did not have a specific conversation about
whether the terminology should be more specific. The goal in preparing these
strategies was to set a baseline that could be made stricter through conversation.
Betsy confirmed that LUTAC did not discuss policies D-6 c. and d.
• Commissioner Gelder shared that state legislation may drive these conversations
further.
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• Councilmember Schneider asked if the KRCC Board could put these policies forward
with stronger language and then pull back in the future.
• Councilmember Ashby explained that CPPs are revised before every Comprehensive
Plan update. KRCC can modify the CPPs earlier; it would require the same update
process, including ratification by Kitsap County and three of the four cities.
• Mayor Putaansuu explained that the CPPs are global policies. Jurisdictions can have
local policies that are more restrictive. He expressed concern about being restrictive
in the CPPs for policies that could have unintended consequences.
• Councilmember Ashby expressed support for using "should" rather than "shall" or
"consider," because it is stronger than "consider" but still allows flexibility.
• Commissioner Garrido shared that this element could be a good place to consider
rate of growth. It could be as simple as measuring the current rate of growth and
whether it is expected to be a certain rate.
• Mayor Putaansuu explained that all jurisdictions are assigned growth targets. If a
jurisdiction exceeds the targets, it is expected to implement reasonable measures to
slow growth. Tools and processes exist to keep jurisdictions in line with growth
targets.
• Commissioner Wolfe expressed support for Mayor Putaansuu's comment because
jurisdictions will include growth metrics in any assessments.
• Commissioner Garrido shared that this satisfies her needs.
Councilmember Deets made a motion to replace "consider" with "shall" in D-6 c. and d.
Mayor Wheeler seconded the motion. Because of the lack of unanimous consent,
Councilmember Ashby called for a roll call vote. The motion did not pass; of the 12 voting
members present, five voted to approve the motion and seven voted against it. The members
who voted to approve the motion were Councilmember Deets, Councilmember Schneider,
Councilmember Daugs, Mayor Wheeler, and Commissioner Garrido. The members who voted
against the motion were Councilmember Ashby, Mayor Putaansuu, Councilmember Stern,
Commissioner Gelder, Commissioner Wolfe, Director Clauson, and Commissioner
Strakeljahn.
Councilmember Ashby made a motion to replace "consider" with "should" in D-6 c. and d.
Commissioner Gelder seconded the motion. The motion passed with unanimous consent.
Element F moved forward as amended with unanimous consent.
viii. Element G: Siting of Public Facilities
KRCC Board members did not raise comments or concerns about Element G. Element G
moved forward with unanimous consent.
ix. Element H: Transportation
KRCC Board members did not raise comments or concerns about Element H. Element H
moved forward with unanimous consent.
X. Element I: Housing
KRCC Board members shared the following comments:
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• Councilmember Deets suggested, in AH-6, strengthening the language of the second
sentence.
• Mayor Wheeler expressed support and explained that Bremerton has moved on to
"shall" for policies like this. He shared that he understands the need to be more
cautious in the CPPs because it involves collaboration between KRCC and PSRC.
Councilmember Deets made a motion to, in AH-6, change "consider a range of strategies to
mitigate displacement..." to "should develop a range of strategies..." Mayor Wheeler
seconded the motion. The motion passed with unanimous consent.
Element I moved forward as amended with unanimous consent.
Element J: Economic Development
KRCC Board members shared the following comments:
• Councilmember Deets expressed support for the Kitsap Economic Development
Council's (KEDA) comment on ED-1 c. relating to diversity beyond the Navy. KEDA
suggested changing "should" to "shall."
• Commissioner Strakeljahn explained that this is one of KEDA's core values. He
shared that the CPPs may not need to break it down separately because it is already
under the umbrella of KEDA.
• Councilmember Schneider noted a grammatical error in ED-1 a.
• Councilmember Ashby explained that the draft CPPs contain a few scrivener's errors,
which will be reviewed and fixed before presenting to Kitsap County.
Councilmember Deets made a motion to change "diversification should be promoted..." to
"diversification shall be promoted." in ED-1 c. The motion did not receive a second. The
motion did not move forward.
Element J moved forward with unanimous consent.
Element K: Analysis of Fiscal Impact
KRCC Board members did not raise comments or concerns about Element K. Element K
moved forward with unanimous consent.
Element L: Coordination with Tribal Governments
Councilmember Ashby explained that this element was vetted by the Suquamish Tribe and
Port Gamble S'Klallam Tribe.
Element L moved forward with unanimous consent.
Element M: Coordination with Federal Government including Navy
Councilmember Ashby explained that this element was vetted by Naval Base Kitsap.
Element M moved forward with unanimous consent.
Element N: Roles and Responsibilities
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KRCC Board members did not raise comments or concerns about Element N. Element N
moved forward with unanimous consent.
xvi. Appendix
KRCC Board members shared the following comments:
• Councilmember Ashby explained that Appendix A was amended to allow CPP
appendices to be reviewed and adopted with a 75% vote, rather than the full CPP
update process. Once the KRCC Board approves a change to an appendix, the
appendix would move to Kitsap County for ratification. This change to Appendix A
would also require a minor KRCC bylaw change to add this to the list of items that
require a supermajority vote.
• Commissioner Gelder explained that this Appendix A proposal was intended to
streamline and simplify the process. The body of the CPPs includes element that do
not need annual updates. However, some appendices have more frequent reviews
and updates.
• Commissioner Gelder noted that some aspects of the appendices are placeholders
that are not currently under consideration. Councilmember Ashby explained that the
population and employment numbers and the list of centers will be updated in the
future.
All appendices moved forward with unanimous consent.
G. DECISION: Adopt and Recommend Countywide Planning Policies
Councilmember Ashby expressed appreciation for the robust discussion of each element. She
reminded KRCC Board members that they have had an opportunity to thoroughly review the CPPs
before moving to Kitsap County for ratification.
Clay summarized the amendments made during the earlier discussion:
• In policy R-2, add the following paragraph, which had been inadvertently removed, back in:
"Rural Communities are smaller developed areas with existing residential,
commercial and/or industrial land uses where growth is not expected. They may
include clear neighborhoods with limited services. Examples of such communities
include, but are not limited to, Burley, Sunnyslope, Seabeck, Lake Symington,
Indianola and Hansville."
• In policy D-6 c., change "consider developing' to "should develop."
• In policy D-6 d., change "consider implementing' to "should implement."
• In policy AH-6, change "consider a range" to "should develop a range."
Councilmember Stern made a motion to approve the CPPs as amended for Kitsap County
ratification. Commissioner Strakeljahn seconded the motion. The motion passed, with all 11 voting
members present voting to approve. These members were Councilmember Deets, Councilmember
Schneider, Mayor Wheeler, Councilmember Ashby, Mayor Putaansuu, Councilmember Daugs,
Councilmember Stern, Commissioner Gelder, Commissioner Wolfe, Director Clauson, and
Commissioner Strakeljahn.
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Councilmember Ashby explained that the CPPs will move forward to Kitsap County for ratification.
She expressed appreciation for the effort put into the CPPs by everyone involved, including Clay
White, KRCC staff, jurisdictions' planning staff, and KRCC Board members.
H. Review next steps for Countywide Planning Policy ratification process
Betsy shared a timeline of next steps in the CPP ratification process. Commissioner Gelder explained
that KRCC is one month later than the original plan. Kitsap County may need more time in July and
August to do a State Environmental Policy Act (SEPA) checklist before noticing the public hearing.
Councilmember Ashby explained that the process gives cities 90 days to ratify the CPPs, though
cities could do that in a more condensed time frame.
Councilmember Ashby reminded participants that the modifications in the appendices would require
a KRCC bylaw change. The bylaw change could move forward to Kitsap County and the cities in
September so they could ratify both at the same time.
6. KRCC COMMITTEE REPORTS
A. Land Use Items
The KRCC Board did not discuss this item.
B. Transportation Items
The KRCC Board did not discuss this item.
7. PSRC BOARD AND COMMITTEE REPORTS
A. PSRC Committees and Boards Report and other updates
The KRCC Board did not discuss this item. The July 6 KRCC Board meeting reference packet includes
the PSRC Committees and Boards Report (page 9).
8. CORRIDOR COMMITTEE REPORTS
The KRCC Board did not discuss this item.
9. KRCC EMERGENT AND COUNTYWIDE ISSUES
The KRCC Board did not discuss this item.
10. STAFF REPORT
The KRCC Board did not discuss this item. The July 6 KRCC Board meeting ap-enda packet includes
the KRCC income statement (page 161).
11. PUBLIC COMMENT
No comments from the public.
12. KRCC BOARD QUESTIONS, CONCERNS, AND ANNOUNCEMENTS
Councilmember Stern commended Councilmember Ashby for her role as KRCC Chair throughout the
complicated CPP update process. Councilmember Ashby shared that it has been a pleasure to work
with this group. She also shared that she will retire from the Port Orchard City Council and KRCC at
the end of December 2021.
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13. ADJOURN
The meeting adjourned at 5:07 pm.
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ATTACHMENT A — BOARD MEMBERS IN ATTENDANCE
Board Member
Deets, Joe
Jurisdiction
City of Bainbridge Island
In Attendance?
✓
Schneider, Leslie
City of Bainbridge Island
✓
Daugs, Leslie
City of Bremerton
✓
Wheeler, Greg
City of Bremerton
✓
Ashby, Bek
City of Port Orchard
✓
Putaansuu, Rob
City of Port Orchard
✓
Rosapepe, Jay (alternate)
City of Port Orchard
Erickson, Becky
City of Poulsbo
✓
Stern, Ed
City of Poulsbo
✓
Garrido, Charlotte
Kitsap County
✓
Gelder, Robert
Kitsap County
✓
Wolfe, Ed
Kitsap County
✓
Clauson, John
Kitsap Transit
✓
Rhinehart, Richard
Naval Base Kitsap
Placentia, Chris (alternate)
Port Gamble S'Klallam Tribe
Sullivan, Jeromy
Port Gamble S'Klallam Tribe
Anderson, Gary (alternate)
Port of Bremerton
✓
Strakeljahn, Axel
Port of Bremerton
✓
Heacock, Shane (alternate)
Port of Kingston
McClure, Mary
Port of Kingston
✓
Forsman, Leonard
Suquamish Tribe
Mills, Luther "Jay" (alternate)
Suquamish Tribe
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ATTACHMENT B — NON-MEMBER PARTICIPANTS
Name
Non -Members
Clay White
Affiliation
LDC, Inc.
Heather Wright
City of Bainbridge Island
Councilmember Brenda Fantroy-Johnson
City of Bainbridge Island
Andrea Spencer
City of Bremerton
Karla Boughton
City of Poulsbo
David Forte
Kitsap County
Angie Silva
Kitsap County
Jeff Rimack
Kitsap County
Joe Rutan
Kitsap County
Allison Satter
Naval Base Kitsap
Andrea Harris -Long
Puget Sound Regional Council
Alison O'Sullivan
Suquamish Tribe
Gary Idleburg
Washington State Department of Commerce
James Clough
Kitsap County Association of Realtors
Beverly Parsons
Kitsap Environmental Coalition
Margaret Tufft
Kitsap Environmental Coalition
Lauren Gallup
Kitsap Daily News
Martha Burke
Community member
David Emmons
FacilitationKRCC
Betsy Daniels
Community member
Interim KRCC Program Director
Mishu Pham-Whipple
KRCC Transportation Program Lead
Pauline Mogilevsky
KRCC Administrative Coordinator
Agenda Item No.:
Subject
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7C
Adoption of a Resolution Approving a
Contract with Transportation Solutions,
Inc. to Update the Transportation
Element of the Comprehensive Plan
and Documenting Procurement
Procedures
Meeting Date
Prepared by
Atty Routing No..
Atty Review Date
Back to Agenda
November 9, 2021
Nick Bond, AICP
DCD Director
N/A
N/A
Summary: On September 17, 2021, pursuant to RCW 39.04.155, the City's Department of Community
Development (DCD) established a list of qualified contractors from the MRSC 2021 Consultant Roster for.
Comprehensive Planning and Travel Demand Modeling. After staff reviewed, scored, and ranked the
qualifications of three consultants selected from the roster (Transportation Engineering Northwest, Transpo
Group and Transportation Solutions, Inc.), DCD awarded the contract to the highest-ranking firm,
Transportation Solutions, Inc (TSI). DCD staff then met with TSI to discuss, clarify and develop the project
understanding. On October 29, 2021, the City received a defined Scope of Work, Budget and Project Timeline
for the project, in an amount not to exceed $117,400 (see Attachments A and B to the Contract, which is
Attachment A of this staff report). This project was included in the approved 2021-22 budget as amended on
10/26/21.
Recommendation: Staff recommends adoption of a Resolution thereby approving a contract with
Transportation Solutions, Inc., to update the Transportation Element of the City's Comprehensive Plan, in an
amount not to exceed $117,400 and documenting the Professional Services procurement procedures.
Relationship to Comprehensive Plan: The Transportation Element is a required element of the City's
Comprehensive Plan. The Comprehensive Plan and implementing regulations must be reviewed and, if needed,
revised every eight years to ensure that they comply with the state Growth Management Act, as per the
schedule provided in RCW 36.70A.130. The City must complete this review and update by June 30, 2024.
Motion for Consideration: I move to adopt a approving a contract with Transportation Solutions, Inc., to
update the Transportation Element of the City's Comprehensive Plan, in an amount not to exceed $117,400
and documenting the Professional Services procurement procedures.
Fiscal Impact: The contract is for an amount not to exceed $117,400. The funds will be expended during the
contract period of January 1, 2022 —June 30, 2024.
Alternatives: N/A
Attachments: Resolution and Contract No. C000-21
Page 209 of 249
Back to Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH TRANSPORTATION SOLUTIONS,
INC., TO UPDATE THE TRANSPORTATION ELEMENT OF THE CITY'S
COMPREHENSIVE PLAN, AND DOCUMENTING PROFESIONAL SERVICES
PROCUREMENT PROCEDURES.
WHEREAS, on September 17, 2021, pursuant to RCW 39.04.155, the City's Department
of Community Development established a list of qualified contractors from the 2021 Consultant
Roster for Comprehensive Planning and Travel Demand Modeling (see Resolution Exhibit A
attached); and
WHEREAS, after staff reviewed, scored, and ranked the qualifications of consultants
selected from the roster, the City's Department of Community Development awarded the
contract to the highest-ranking firm, Transportation Solutions, Inc.; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute a Contract. with
Transportation Solutions, Inc., to update the Transportation Element of the City's
Comprehensive Plan
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 9th day of November 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Bek Ashby, Mayor Pro-Tem
Page 210 of 249
9/17/21, 11:39 AM
ATTACHMENT A TO RESOLUTION
MRSC Rosters
Back to Agenda
Public Agency Name:
Roster Type:
Date:
Time:
Main Category:
Sub -Category:
City of Port Orchard
Consultant Roster
09/17/2021
11:37 am
Design and Planning
Comprehensive Planning, Travel Demand Modeling
6b Workshop
Acila Consulting
Adopt A Stream Foundation
AHBL, Inc.
Akana
Alex Barrouk Consulting & Development, LLC
American Aviation Professionals Inc.
Anchor QEA, LLC
Anjali Grant Design LLC
Apex Engineering
ARC Architects
Architectural Resources Group
Art Anderson Associates
Ato Apiafi Architects, PLLC
Barker Creek Consulting LLC
Barney & Worth, Inc.
Baylis Architects
BCRA, Inc
BDS Planning & Urban Design
Beckwith Consulting Group
BERK Consulting, Inc.
Beyler Consulting, LLC
BHC Consultants, LLC
Blue Architecture
Page 211 of 249
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1/7
9/17/21, 11:39 AM
Blueline
MRSC Rosters
Back to Agenda
Bradley Design Group, Inc.
Bridgeview Consulting, LLC
Broadview Planning, LLC
Brown & Kysar, Inc.
Brown and Caldwell
BST Associates
Cascadia Consulting Group
Cedar River Group LLC
Century West Engineering
CG Engineering PLLC
Collins Engineers, Inc.
Community Attributes Inc.
Confluence Environmental Company
Conservation Technix, Inc.
Cornerstone Architectural Group
Crandall Arambula
CRW Engineering Group, LLC
David Evans and Associates, Inc.
dean alan architects pllc
DeForest Architects LLC
DKS Associates
DOWL LLC, D.B.A. DOWL
Dubin Environmental Consulting
EA Engineering, Science, and Technology, Inc., PBC
Ecological Land Services, Inc.
Ecolution, LLC
ECONorthwest
Eco Resource Management Systems Inc.
Page 212 of 249
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9/17/21, 11:39 AM MRSC Rosters
Element Solutions Back to Agenda
Emily Russell Landscape Architecture
Erickson McGovern PLLC
ESA
EXIGY LLC dba EXIGY Consulting
FCS GROUP
Fehr & Peers
fi architecture, inc.
Fischer Bouma Partnership
Fivedot LLC
Forte Architects, Inc.
Framework
Geyer Coburn Hutchins LLC
GHD Inc.
Goodstein Law Group PLLC
Gray and Osborne, Inc.
Green Gasaway Architects PLLC
Grette Associates LLC
GW Frost & Associates
Harmsen, LLC
Harper Houf Peterson Righellis Inc.
HDR Engineering, Inc.
Heartland LLC
Herrera Environmental Consultants, Inc.
Historic Buildings Consulting
HKP Architects
Hough Beck & Baird Inc. (HBB)
Huitt-Zollars, Inc.
I DAX
Page 213 of 249
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9/17/21, 11:39 AM MRSC Rosters
Impact Design Back to Agenda
Integrus Architecture
Inter-Fluve, Inc.
jbw architects, pllc
Jerome W. Morrissette & Associates Inc., P.S.
Johnston Architects LLC
JR MILLER & ASSOCIATES INC
Kaiser Bower Design & Consulting
Keller Associates, Inc.
Kennedy Jenks
Key Environmental Solutions, LLC.
Kimley-Horn
Kirkhart Project Management LLC
KMB architects
KPFF Consulting Engineers
KPG
Land Morphology
LDC, Inc.
Leland Consulting Group, Inc.
Leon Environmental, LLC
Leslie Engineering, LLC
LMN Architects
Local Planning Solutions
Lochner (H.W. Lochner)
MacKay Sposito
Mackenzie
MAKERS architecture and urban design, LLP
Maul Foster & Alongi, Inc.
Michael Terrell Landscape Architecture, PLLC
Page 214 of 249
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9/17/21, 11:39 AM MRSC Rosters
MIG, Inc. Back to Agenda
MILES YANICK & COMPANY
Mithun
Mott MacDonald
Mud Bay Consulting Services
Murraysmith
N.L. Olson & Associates, Inc.
NV5, Inc.
O'Neill Service Group
OAC Services, Inc.
Osborn Consulting Inc
Otak, Inc.
PACE Engineers, Inc.
Pacific Surveying and Engineering Services
Parametrix
PBS Engineering and Environmental Inc.
Perteet Inc.
Peterson Resources
ProjectCorps
PRR
Reid Middleton, Inc.
RH2 Engineering, Inc
Richaven Architecture & Preservation
RMC Architects, PLLC
Robert W. Droll, Landscape Architect, PS
Rolluda Architects, Inc.
Saturna Watershed Sciences
Schemata Workshop, Inc.
SCJ Alliance
Page 215 of 249
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9/17/21, 11:39 AM MRSC Rosters
Shockey Planning Group, Inc. Back to Agenda
Sitts & Hill Engineers, Inc.
Skillings, Inc.
SMDSolutions, LLC
SMR Architects
Soundwest Engineering Associates
Stantec
Star Surveying, Inc
Steil
Stowe Development & Strategies
Struck Environmental, Inc.
Studio Meng Strazzara
Synergy Resources Consulting
T-O Engineers
Talitha Consults LLC
TCF Architecture, PLLC
TENW
Tetra Tech, Inc.
The Athena Group, LLC
The Beckett Group
The Driftmier Architects, P.S.
The Greenbusch Group, Inc.
The Watershed Company
TIG Environmental
Tiscareno Associates
Toole Design Group LLC
Toyer Strategic Advisors, Inc.
Transpo Group
Transportation Solutions, Inc.
Page 216 of 249
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9/17/21, 11:39 AM
TRJ Planning Inc.
Urban Scenarios
Varius Inc.
WEST Consultants, Inc.
Wilson Engineering, LLC
WSP USA Inc.
ZBA Architecture, PS
MRSC Rosters
Back to Agenda
Page 217 of 249
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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 1 st day of January, 2022, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Transportation Solutions, Inc., a corporation, organized under the laws of the State of
Washington, doing business at:
Transportation Solutions, Inc.
16932 Woodinville -Redmond Rd
Suite A206
Woodinville, WA 98072
Contact: Andrew Bratlien, P.E.
(hereinafter the "CONSULTANT")
Phone: 425.883.4134 ext.105 Fax: 425.867.0898
for professional services in connection with the following Project:
Update of the City Comprehensive Plan Transportation Element
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A". The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City. In performing such services, the Consultant shall at all
times comply with all Federal, State, and local laws and regulations applicable to the performance of such
services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant's profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
UAA_Nick Bond\2021 Projects\Traffic Element Update\TSI Contract\TSI Contract 2022 Transportation Element Update.DOCX
Rev 7/18/2019
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Page 218 of 249
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on January 1, 2022 ("Commencement Date")
and shall terminate June 30, 2024 unless extended or terminated in writing as provided
herein.
4. Compensation.
❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$117,400 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B".
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
❑ OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
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Page 219 of 249
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
City of Port Orchard and Transportation Solutions, Inc.
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not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
City of Port Orchard and Transportation Solutions, Inc.
Professional Service Agreement Contract No.
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11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
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4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
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The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Andrew Brathen, P.E.
Project Manager
Transportation Solutions, Inc.
16932 Woodinville -Redmond Rd NE
Suite A206
Woodinville, WA 98072
Phone: 425.883.4134
Fax: 425.867.0898
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
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C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
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the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
cancelling, terminating, or suspending the Agreement, in whole or in part.
Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WASHINGTON
IN
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATE:
Brandy Rinearson, MMC
City Clerk
APPROVED AS TO FORM:
RIM
Charlotte A. Archer, City Attorney
CONSULTANT
By:
Name: I C:+Z>/ 7Gi I t4l'Y7 44 Hvl
Title: Iooe S, 4e_,,+
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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ATTACHMENT A Back to Agenda
City of Port Orchard Transportation Element
Update Preliminary Scope of Work
Transportation Solutions, Inc.
GENERAL
This scope of work is intended to support the City of Port Orchard in updating the Transportation
Element of the Comprehensive Plan to satisfy Growth Management Act periodic update requirement.
Transportation Solutions proposes the following Core Work Elements:
1. Project Management/QC
2. Travel Demand Model Update
3. Level of Service Evaluation
4. Analysis for Update of the Transportation Element
5. Prepare Transportation Element
6. Meetings and Presentations
Additional transportation services may include, but are not limited to the following Optional Services:
7. Review Transportation Concurrency Policies
8. Functional Classification Update
CORE WORK ELEMENTS
Task 1. Project Management and QC
This task includes project setup and closeout, day-to-day management of staff, ongoing communication
with the City, vendor management, and preparation of monthly invoices and progress reports.
Task 2. Travel Demand Model Update
This task provides for an update of the City's existing travel demand model to forecast the future traffic
generated by the City's updated housing and employment forecasts.
Task 2.1 Collect and Review Citywide Traffic Counts
Identify locations for weekday 4-6 PM peak hour intersection turning movement counts and
weekday 48-hour tube counts on City streets and critical access routes to the City. Traffic counts
will be used for existing conditions analysis and travel demand model calibration. This scope and
fee proposal includes budget for up to 55 intersection counts and up to 5 48-hour tube counts.
Task 2.2 Collect and Verify Land Use Data
Verify and update the model's housing and employment inventory to reflect current conditions.
Transportation Solutions will work with City staff to determine the current inventory.
After confirming existing land use, Transportation Solutions will work with City staff to confirm
and refine housing and employment forecasts based on PSRC Vision 2050 allocations and City
staff feedback. Housing and employment growth will be identified for each Transportation
Analysis Zone in the Port Orchard travel demand model. This scope includes budget for up to
three 2050 land use alternatives.
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Back to Agenda
Task 2.3 Recalibrate Travel Demand Model
Transportation Solutions will update and recalibrate the Port Orchard travel demand model to
provide a model suitable for long-range planning applications. The model will be updated in
three major areas: transportation network architecture (supply), trip generation/distribution/
assignment parameters (demand), and general model procedures and settings which influence
assignment results. The validated base year travel demand model will form the basis for future
travel demand forecasts.
Task 2.4 Develop Pipeline Travel Demand Model
Transportation Solutions will build a pipeline travel demand model which will include permitted
unoccupied development to provide a near -term assessment of traffic growth. This model could
also form the basis for future development review and concurrency testing.
Task 2.5 Develop 2050 Travel Demand Model
Develop 2050 travel demand model that will include up to three land use or transportation
network alternatives. The travel demand model will calculate 2050 PM intersection turning
movement volumes for all study intersections.
Task 3. Level of Service Evaluation
This task provides for the update of a citywide intersection operations (Synchro) model to provide Level
of Service (LOS) calculations for all collector and arterial intersections citywide. This task includes budget
for analysis of up to three 2050 land use or transportation network alternatives.
Task 3.1 - Develop Base Year Intersection Operations Model
Update citywide intersection operations (Synchro) model. Verify current channelization and
control type through field visits and review of aerial and street -level photography. Obtain
current traffic signal timing plans from WSDOT. Input current traffic volumes based on PM peak
hour traffic counts. Intersection analysis parameters will be defined with consistency to WSDOT
Synchro analysis protocol.
Task 3.2 - Develop Pipeline Intersection Operations Model
Develop pipeline intersection operations model that will include permitted unoccupied
developments to provide a near term assessment of traffic operations. This model can form the
basis for future transportation concurrency management.
Task 3.3 - Develop 2050 Intersection Operations Model
Develop 2050 intersection operations model based on 2050 travel demand forecast and any
baseline transportation network improvement assumptions as provided by City staff.
Task 3.4 - Update Segment Levels of Service
Update existing and future segment LOS analysis based on updated traffic volumes and network
conditions. Identify segment LOS deficiencies.
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Back to Agenda
Task 4 — Analysis the Transportation Element Update
Transportation Solutions will support the City in the update of the Transportation Element of
the Comprehensive Plan. It is anticipated that TSI's role will include technical analysis, text
revisions, and graphics updates for the Transportation Element.
Task 4.1 - Document Land Use Assumptions for Model
Collaborate with City staff to ensure that the land use assumptions used in the Transportation
Element and travel demand forecasts maintain internal consistency with the Land Use Element
of the Comprehensive Plan, per GMA requirements. Land use assumptions will be documented
and incorporated into the Transportation Element update.
Task 4.2 - Update Inventory of Existing Transportation Facilities
Update the City's Transportation Element facilities inventory, including figures and tables, based
on review of Google Maps, Bing Maps, and Kitsap County imagery in addition to a windshield
survey field review.
Task 4.2 — Safety Analysis
Obtain citywide crash history data from WSDOT for the most recent available five-year period.
Crash analysis will include identification of high -crash locations and summaries of predominant
crash types and severities by location. A citywide crash "heat map" will be developed for
inclusion in the Transportation Element.
Task 4.3 - Document Actions Needed to Bring Facilities in Compliance
Identify base year intersection LOS and identify actions needed, if any, to meet LOS under
current conditions. Transportation Solutions will update text and graphics.
Task 4.4 — Document Traffic Forecasting Methods and Assumptions
Document the modeling procedures used to generate the 2050 traffic forecast. This task will
include development of text, tables, and graphics for inclusion in the Transportation Element.
Task 4.5 - Document Local System and State Needs
Develop an improvement list based upon the results of the 2050 LOS analysis for City and State
facilities. Transportation Solutions will update plan text, tables, and figures.
Task 4.6 - Develop Nonmotorized Transportation Component
Develop a pedestrian and bicycle planning component for the Transportation Element. [RCW
36.70A.070(6)(a)(vii)].
Task 4.7 - Document Existing and Planned Transportation Demand Management (TDM) Strategies
Update the Travel Demand Management section of the Transportation Element which will
identify existing and possible future TDM strategies. [RCW 36.70A.070(6)(a)(vi)].
Task 4.8 - Assist with Multi -Year Financing Plan
Assist with creating the multi -year transportation financing plan.
Task 4.9 - Document Intergovernmental Coordination Efforts
Update the Transportation Element discussion on intergovernmental coordination and
document the Port Orchard travel demand model's tie-ins with PSRC Vision 2050.
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Back to Agenda
Task 5 - Prepare Transportation Element
Prepare a draft and final version of the Transportation Element in PDF format from review by
City staff and the public.
Task 5.1 - Prepare Draft Transportation Element
Prepare a draft Transportation Element for review and comment by the City. City staff will
return all comments within two weeks of submission by Transportation Solutions.
Task 5.2 - Prepare Final Transportation Element
Prepare a FINAL Transportation Element. Transportation Solutions will provide an electronic
copy to the City within 2 weeks of receipt of comments from the City.
Task 6 - Meetings and Presentations
Prepare material for and attend meetings as detailed below.
Task 6.1 - Prepare Presentation Materials
Prepare materials to include display boards and/or PowerPoint slides of key information related
to the Transportation Element update.
Task 6.2 - Attending Meetings
Attend up to three public meetings related to the Comprehensive Plan update. This may include
presentations to the Planning Board and/or the City Council.
OPTIONAL SERVICES
Task 7. Review Transportation Concurrency Policies
Review Port Orchard transportation concurrency standards, including frontage improvement
requirements. Propose updates as necessary based on Transportation Solutions and City staff feedback
and improve consistency between Comprehensive Plan policies and Port Orchard Municipal Code.
Task 8. Functional Classification Update
Transportation Solutions will assist the City in updating the functional classification for Blueberry Rd and
up to three other routes within City limits, as desired. This work includes completing Functional
Classification Change Request forms for submittal to WSDOT.
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Back to Agenda
COST ESTIMATE
We propose a budget not to exceed $98,750 to complete the core work elements described above. This
includes expenses of up to $8,500 to collect up to 55 intersection turning movement counts and 5 48-
hour volume counts. Estimated budget for completion of the optional work elements is $18,650, for a
total budget of $117,400. Estimated cost by task is summarized below.
Task
Staff Hours
Budget
1. Project Management and Quality Control
40
6,650
2. Travel Demand Model Update
116
16,850
3. Level of Service Evaluation
62
9,050
4. Analysis for Transportation Element Update
193
30,100
5. Prepare Transportation Element
136
19,600
6. Meetings and Presentations
44
8,000
7. (Optional) Review Transportation Concurrency Policies
60
11,750
8. (Optional) Functional Classification Update
42
6,900
Direct Expense: Traffic Data Collection
8,500
Total (without Optional Work Elements)
98,750
Total (with Optional Work Elements)
117,400
Additional work beyond the tasks described above will require written authorization to proceed. Written
authorization may be in the form of an email that acknowledges the additional work authorization.
SCHEDULE
Anticipated completion dates by work element are summarized below.
Task
Completion
1. Project Management and Quality Control
Ongoing
2. Travel Demand Model Update
Winter 2021/2022
3. Level of Service Evaluation
Winter 2021/2022
4. Analysis for Transportation Element Update
Summer 2022
5. Prepare Transportation Element
Fall 2022
6. Meetings and Presentations
Summer/Fall 2022
7. (Optional) Review Transportation Concurrency Policies
Summer 2022
8. (Optional) Functional Classification Update
Spring 2022
We will refine the project timeline during the preliminary project planning and kickoff stage. The
schedule may fluctuate depending on the availability of local agency staff and data collection.
Victor Salemann, P.E., will be the Principal in Charge and a secondary contact. I will be the project
manager and project engineer responsible for the day-to-day management of this effort and your
primary contact. Other Transportation Solutions staff will be involved to assist with the quality and
timeliness of the project.
If you have questions, please feel free to call or email me at your convenience.
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Back to Agenda
ATTACHMENT B — COST ESTIMATE
We propose a budget not to exceed $98,750 to complete the core work elements. This includes
expenses of up to $8,500 to collect up to 55 intersection turning movement counts and 5 48-
hour volume counts. Estimated budget for completion of the optional work elements is
$18,650, for a total budget of $117,400. Estimated cost by task is summarized below.
Task Staff Hours
Budget
1. Project Management and Quality Control
40
6,650
2. Travel Demand Model Update
116
16,850
3. Level of Service Evaluation
62
9,050
4. Analysis for Transportation Element Update
193
30,100
5. Prepare Transportation Element
136
19,600
6. Meetings and Presentations
44
8,000
7. (Optional) Review Transportation Concurrency Policies
60
11,750
8. (Optional) Functional Classification Update
42
6,900
Direct Expense: Traffic Data Collection
8,500
Total (without Optional Work Elements)
98,750
Total (with Optional Work Elements)
117,400
Page 233 of 249
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7D
Adoption of a Resolution Accepting a
Multifamily Property Tax Exemption
Agreement (MPTE) for the Plisko
Apartments as Sought by Cedar Cove, LLC
Meeting Date:
Prepared by:
Atty Routing No.
Atty Review Date
Back to Agenda
November 9, 2021
Nicholas Bond, AICP
DCD Director
Development -Matter 11
October 17, 2021
Issue: In 2016, the City Council adopted Ordinance 023-16, which created Chapter 3.48 POMC (Multifamily
Property Tax Exemption) to further the City's goals of encouraging additional, affordable housing in urban
centers. This chapter was recently updated to better incentivize the types of development sought by the City
and to tighten the requirements for affordable housing. The map of designated residential targeted areas for
eligible projects was most recently updated in 2020 (Ordinance 029-20). The Multifamily Property Tax
Exemption (MPTE) program exempts certain new, converted or rehabilitated multifamily developments from
ad valorem property taxation (i.e. improvements to vacant land, or to existing buildings) for either 8 or 12
years from issuance of the certification of exemption, depending on whether a project will include at least
20% affordable housing.
The City has received an application from Disney and Associates, Inc., subsequently amended to reference
the new applicant/owner Cedar Cove, LLC., for an MFTE agreement related to construction of 57 new
apartment units in two buildings on a vacant 1.98 acre site, located in a designated targeted area adjacent to
Plisko Lane and Mile Hill Road. The developer is seeking a 12-year tax exemption and intends to provide 20%
of the units as affordable housing in accordance with POMC 3.48.040(1)(c). The City Attorney has prepared a
Multifamily Housing Limited Property Tax Exemption Agreement for signature by the City and Cedar Cove
LLC, to be approved by resolution.
Relationship to Comprehensive Plan: Policy HS-8 Consider adopting incentives for development of affordable
multi -family homes through property tax abatement in accordance with 84.14 RCW, focusing on designated
mixed -use local centers with identified needs for residential infill and redevelopment.
Recommendation: Staff recommends that the City Council approve a resolution authorizing the Mayor to
accept and sign a Multifamily Housing Limited Property Tax Exemption Agreement between the City and
Cedar Cove LLC., as presented.
Motion for consideration: "I move to approve a resolution authorizing the Mayor to accept and sign a
Multifamily Housing Limited Property Tax Exemption Agreement between the City and Cedar Cove, LLC., as
presented."
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Fiscal Impact: The MPTE program will reduce property tax revenue to the city for a period of 12 years
for the proposed project. The construction of this apartment project will generate other revenue that
may not otherwise be generated in the absence of this incentive.
Alternatives: Revise the Multifamily Property Tax Exemption Agreement; do not enter into a
Multifamily Property Tax Exemption Agreement for the project.
Attachments: Resolution; Agreement; Plisko Apartments MPFE application
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, TO AUTHORIZE THE ACCEPTANCE OF A
MULTIFAMILY PROPERTY TAX EXEMPTION AGREEMENT
BETWEEN CEDAR COVE, LLC. AND THE CITY RELATING TO THE
TERMS AND CONDITIONS OF THE SUBJECT MULTIFAMILY
HOUSING PROJECT AND ITS ELIGIBILITY FOR THE 12-YEAR
PROPERTY TAX EXEMPTION PROVIDED BY CHAPTER 3.48 OF
THE PORT ORCHARD MUNICIPAL CODE.
WHEREAS, the Port Orchard Municipal Code (POMC), Chapter 3.48, provides a multifamily
property tax exemption pursuant to the requirements of that chapter; and
WHEREAS, POMC 3.48.060 provides that, to be eligible for the multifamily property tax
exemption, the subject project must meet the following requirements: (1) the project must be
located within a residential targeted area as defined in POMC 3.48.040; (2) the project must not
displace existing tenants; (3) existing dwelling units proposed for rehabilitation must fail to comply
with one or more standards of the applicable state or city building codes; (4) the new, converted, or
rehabilitated multiple -unit housing must provide for a minimum of 50 percent of the space for
permanent residential occupancy and must include at least 10 units of multifamily housing; (5) new
construction of multifamily housing and rehabilitation improvements must be completed within
three years from the date of approval of the application; and (6) the project must be designed to
comply with the city's comprehensive plan, building, housing, and zoning codes, and any other
applicable regulations, standards or guidelines; and
WHEREAS, POMC 3.48.080 requires that, if the Director of the Department of Community
Development approves an application for the multifamily property tax exemption, the applicant
must enter into an agreement with the City regarding the terms and conditions of the
implementation of the project; and
WHEREAS, the multifamily property tax exemption agreement must be approved by the
Port Orchard City Council, in the form of a resolution, regarding the terms and conditions of the
project and eligibility for exemption under Chapter 3.48 POMC; and
WHEREAS, the City received an application for multifamily property tax exemption from
Disney and Associates, Inc. (subsequently the application was amended to reference Cedar Cove,
LLC.), pertaining to a project titled Cedar Cove Commercial (the "subject project") (previously
referred to as Plisko Apartments) under the "Type 1: Affordable Housing with Transit Access"
residential targeted area; and
WHEREAS, the Director of the Department of Community Development has determined
that the subject project meets the eligibility requirements set forth in POMC 3.48.060; has approved
the application for the 12-year Type 1 tax exemption; and recommends approval of the attached
Multifamily Housing Limited Property Tax Exemption Agreement as accurately setting forth the
terms and conditions of the subject project and eligibility for exemption under Chapter 3.48 POMC;
and
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WHEREAS, the Port Orchard City Council has determined to approve the attached
Multifamily Housing Limited Property Tax Exemption Agreement; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth in full herein.
2. Authorization for Signature. The City of Port Orchard hereby authorizes the Mayor to
accept and sign the attached Multifamily Housing Limited Property Tax Exemption
Agreement.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro-Tem and
attested by the City Clerk in authentication of such passage this 9t" day of November 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Bek Ashby, Mayor Pro -Tern
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CITY OF PORT ORCHARD
MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT
THIS AGREEMENT is entered into this _ day of , 20J by and between
Cedar Cove, LLC. A Washington Limited Liability Company (hereinafter referred to as the "Owner"),
and the City of Port Orchard, a municipal corporation of the State of Washington (hereinafter
referred to as the "City").
WITNESSETH:
WHEREAS, the City has an interest in stimulating new construction or rehabilitation of multi-
family housing in Residential Target Areas in order to reduce development pressure on single-family
residential neighborhoods, to increase and improve housing opportunities, and to encourage
development densities supportive of transit use; and
WHEREAS, the City has, pursuant to the authority granted to it by Chapter 84.14 RCW,
designated various Residential Target Areas for the provision of a limited property tax exemption
for new multi -family residential housing; and
WHEREAS the City has, through Chapter 3.48 Port Orchard Municipal code (POMC), enacted
a program whereby property owners may qualify for a Final Certificate of Tax Exemption which
certifies to the Kitsap County Assessor that the owner is eligible to receive a limited property tax
exemption; and
WHEREAS, the Owner is interested in receiving the multiple family property tax exemption
for new multifamily residential housing units in a residential targeted area; and
WHEREAS, the Owner has submitted to the City a complete application form for no fewer
than ten (10) units of new multifamily housing within a residential structure or as part of an urban
development; and
WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for
multi -family residential housing more particularly described in Exhibit A which is attached hereto
and incorporated by reference herein (the "Project") to be constructed on said property (the "Site")
legally described as:
PARCEL A THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, IN KITSAP COUNTY,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST
HALF OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
NORTH 360 FEET; THENCE WEST 305 FEET THENCE SOUTH 360 FEET; THENCE
EAST 305 FEET TO THE POINT OF BEGINNING; EXCEPT STATE HIGHWAY NO. 16
(FORMERLY STATE HIGHWAY NO. 14); AND EXCEPT PLISKO LANE; TOGETHER WITH
THAT PORTION OF VACATED COUNTY ROAD WHICH ATTACHES BY OPERATION OF
LAW. EXCEPT THAT PORTION CONVEYED UNDER AUDITOR'S FILE NO. 9402180200,
DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE
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SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 25, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
Pierce County Tax Assessor Parcel No. 252401-3-042-2002 located at
1601 Plisko Lane in the City of Port Orchard
WHEREAS, the City has determined that the improvements will, if completed as proposed,
satisfy the requirements of for a Final Certificate of Tax Exemption;
NOW, THEREFORE, the City and the Owner do mutually agree as follows:
1. The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax
Exemption.
2. The Owner agrees to construct on the Site multi -family residential housing
substantially as described in the most recent site plans, floor plans, and elevations on file with the
City as of the date of administrative approval of this Agreement.
3. The Project must comply with all applicable zoning requirements, land use
requirements, design review requirements and all building, fire, and housing code requirements
contained in the Port Orchard municipal Code (herein referred to as the "POMC") at the time a
complete application for a building permit is received.
4. The new multiple -unit housing must provide for a minimum of fifty (50) percent of
the space for permanent residential occupancy. The Project must include at least ten (10) units of
multifamily housing within a residential structure or as part of an urban development.
5. The Owner agrees to complete construction of the agreed upon improvements
within three years from the date the City issues the Conditional Certificate of Acceptance of Tax
Exemption, or within any extension thereof granted by the City.
6. The Owner is requesting a twelve-year limited property tax exemption. Therefore,,
the Owner by this Agreement commits to renting or selling at least twenty percent (20%) of the
multifamily housing units constructed on the site as housing units affordable for low or moderate -
income households as defined by Section 3.48.040 (1) (c) POMC as follows:
A. 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:
i. At or below 40 percent of median family income, for housing units in
congregate residences or small efficiency dwelling units;
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ii. At or below 65 percent of median family income for one -bedroom units;
iii. At or below 75 percent of median family income for two -bedroom units; and
iv. At or below 80 percent of median family income for three -bedroom and larger
units.
B. If calculations for the minimum 20 percent of the residential units required under this
section 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.
C. At the time of this Agreement, the Owner is proposing the following unit mix for this
57-unit project:
Building
Total
Units
20% of Units and Mix
Median Family Income
South Building
23
5
1 BR
17
3
At or below 65 percent AM
2 BR
3
1
At or below 75 percent AM
3 BR
3
1
At or below 80 percent AM
West Building
34
7
1 BR
25
5
At or below 65 percent AM
2 BR
9
2
At or below 75 percent AM
Grand Total
57
12
7. This unit count and mix may change, but will still be required to comply with
Chapter 3.48 POMC with regard to the percentage and affordability of units.The Owner agrees,
upon completion of the improvements and upon issuance by the City of a temporary or permanent
certificate of occupancy, to file with the City's Department of Community Development the
following:
a. A statement of expenditures made with respect to each multi -family housing
unit and the total expenditures made with request to the entire site;
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b. A description of the completed work and a statement of qualification for the
exemption; and
A statement that the work was completed within the required three (3) year
period or any authorized extension.
d. If applicable, that the project meets the affordable housing requirements as
described in RCW 84.14.020.
8. The City agrees, conditioned on the Owner's successful completion of the
improvements in accordance with the terms of this Agreement and on the Owner's filing of the
materials described in the preceding paragraph, to file an eight or twelve year (as applicable) Final
Certificate of Tax Exemption with the Kitsap County Assessor.
9. The Owner agrees, within thirty (30) days following the first anniversary of the City's
filing of the Final Certificate of Tax Exemption and each year thereafter for a period of twelve years
to file a notarized and sworn declaration with the City's Department of Community Development
stating all of the following:
a. A statement of occupancy and vacancy of the multi -family units during the
previous twelve (12) months;
b. A certification that the property has not changed use and continues to be in
compliance with this Agreement and with Chapter 3.48 POMC; and
A description of changes or improvements constructed after issuance of the
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. 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;
A statement of the income of each renter household at the time of initial
occupancy and the income of each initial purchaser of owner -occupied units at the time of purchase
for each of the units receiving a tax exemption and a summary of these figures;
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i. Any information needed by the City to file its annual report pursuant to Port
Orchard Municipal Code (POMC) 3.48.120 and any additional information requested by the City in
regards to the units receiving a tax exemption.; and
Any additional information requested by the city pursuant to meeting any
reporting requirements under Chapter 84.14 RCW.
10. The Parties acknowledge that the units are to be used an occupied for multifamily
residential use. The parties further acknowledge that the certificate of occupancy issued by the City
is for multi -family residential units. The Owner acknowledges and agrees that the units shall be used
primarily for residential occupancy and any business activities shall only be incidental and ancillary
to the residential occupancy.
11. If the Owner converts to another use any of the new multi -family residential housing
units constructed under this Agreement, the Owner shall notify the Kitsap County Assessor and the
City's Department of Community Development within sixty (60) days of such change in use.
12. The Owner agrees to notify the City promptly of any transfer of Owner's ownership
interest in the Site or in the improvements made to the Site under this Agreement.
13. For purposes of this Agreement, "Owner" shall mean the Property Owner if the
development is comprised of rental units or shall mean the Owners Association of a condominium
complex (if the development contains any ownership units) once such association is established.
The Owner shall be responsible for all reporting requirements required herein on behalf of the
owners of individual condominium units, if applicable.
14. If the Project includes any owner -occupied units, the Owner is required to form an
Owner's Association to be organized under RCW 64.34.300 for all owner -occupied units within the
development. Such organization shall remain operational and in effect until at least the length of
the exemption period has expired and the final report is filed with the City. This Owner's Association
shall 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 pursuant to Section 9 of this Agreement and Chapter 3.48 POMC.
15. The City reserves the right to cancel the Final Certificate of Tax Exemption should the
Owner, its successors and assigns, fail to comply with any of the terms and conditions of this
Agreement. If the exemption is cancelled for non-compliance, Owner acknowledges that state law
requires that an additional real property tax is imposed in the amount of (1) the difference between
the tax paid and the tax that would have been paid if it had included the value of the non -qualifying
improvements, dated back to the date that the improvements became non -qualifying; (2) a penalty
of 20% of the difference calculated under paragraph (a) of this paragraph; and (3) interest at the
statutory rate on delinquent property taxes and penalties, calculated from the date the tax would
14608250 366922-0021
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have been due without penalty if the improvements had been assessed without regard to the
exemptions provided by Chapter 84.14 RCW and POMC Chapter 3.48 POMC. Applicant
acknowledges that, pursuant to RCW 84.14.110, any additional tax owed, together with interest and
penalty, becomes a lien on that portion of the Property on which the Project is constructed and
attaches at the time the portion of the Property is removed from multifamily use or the amenities
no longer meet applicable requirements, and that the lien has priority to and must be fully paid and
satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with
which the Property may become charged or liable. Applicant further acknowledges that RCW
84.14.110 provides that any such lien may be foreclosed in the manner provided by law for
foreclosure of liens for delinquent real property taxes.
16. Nothing in this Agreement shall permit or be interpreted to permit either party to
violate any provision of Chapter 84.14 RCW or POMC Chapter 3.48.
17. No modifications of this Agreement shall be made unless mutually agreed upon by
the parties in writing.
18. The Owner acknowledges its awareness of the potential tax liability involved if and
when the property ceases to be eligible for the incentive provided pursuant to this Agreement. Such
liability may include additional real property tax, penalties and interest imposed pursuant to RCW
84.14.110. The Owner further acknowledges its awareness and understanding of the process
implemented by the Kitsap County Assessor's Office for the appraisal and assessment of property
taxes. The Owner agrees that the City is not responsible for the property value assessment imposed
by Kitsap County at any time during the exemption period.
19. The Owner acknowledges and agrees that the City has the right to audit or review
appropriate records to assure compliance with this Agreement and POMC Chapter 3.48 and to
perform evaluations of the effectiveness of the Multifamily Tax Exemption program. The Owner
agrees to make appropriate records available for review or audit upon seven days' written notice by
the City.
20. All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when hand -delivered within normal business hours, when actually received by
facsimile transmission, or two business days after having been mailed, postage prepaid, to the
parties hereto at the addresses set forth below, or to such other place as a party may from time to
time designate in writing.
CITY: Department of Community Development
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Attn: Director
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OWNER: Ceadar Cove, LLC.
Attn: Robert Disney
5706 Bethel Road SE, #100
Port Orchard WA 98367
21. In the event that any term or clause of this Agreement conflicts with applicable law,
such conflict shall not affect other terms of this Agreement which can be given effect without the
conflicting term or clause, and to this end, the terms of this Agreement are declared to be severable.
22. This Agreement shall be recorded at the Owner's expense and shall be a covenant
running with the land and shall be binding on the assigns, heirs, and successors of the Owner.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
CITY OF PORT ORCHARD PROPERTY OWNERS
Robert Putaansuu, Mayor By:
Its:
Nick Bond, Director By:
Dept. of Community Development Its:
Noah Crocker
Finance Director
Attest:
Brandy Rinearson, CIVIC, City Clerk
Approved as to Form:
14608250 366922-0021
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Charlotte A. Archer, City Attorney
[ADD NOTARY BLOCK]
14608250 366922-0021
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'i a rtF Yn j", i iAA4 e
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7E
Subject: Adoption of a Resolution Accepting the
Lodging Tax Advisory Committee's
Recommendation for 2022 Funding
Allocation
Meeting Date: November 9, 2021
Prepared by: Brandy Rinearson, MMC
City Clerk
Atty Routing No.;
Atty Review Date
N/A
N/A
Summary: On October 28, 2021, the Lodging Tax Advisory Committee heard presentations from
applicants requesting funds for 2022, as well as discussed the applications.
The Committee discussed the following:
• Feels that events happening in Port Orchard, specifically downtown, is really important for the
City.
• Understands that we need to make sure we fund the marketing aspect of it to ensure we are
getting others here.
• Reconvene in February 2022 to check the fund balance and hopefully be in a position to allow for
the applicants that were not fully funded be given the opportunity to receive additional funds, as
well as consider any new event applications.
The Committee is recommending the following fund allocations:
Organization
Funding Request Type
Amount
Requesting
Amount
Awarding
South Kitsap Chamber of Commerce
Marketing and Operations of Events
$2,000
$2,000
South Kitsap Chamber of Commerce
Tourism Marketing
$15,800
$13,430
Fathoms 0 Fun
Marketing and Operations of Events
$29,114
$25,096
Kitsap Mustang Club
Marketing and Operations of Events
$2,500
$2,500
Port Orchard Bay Street Association
Marketing and Operations of Events
$22,035
$19,079
Port Orchard Bay Street Association
Tourism Marketing
$10,700
$9,095
Port Orchard Historic Theatre Foundation
Marketing and Operations of Events
$2,500
$2,500
Saints Car Club
Marketing and Operations of Events
$3,500
$3,500
Sidney Museum and Arts Association
Marketing and Operations of
Events/Tourism Marketing of Downtown
$5,000
$5,000
Visit Kitsap
Marketing and Operations of Events
$2,500
$2,500
Visit Kitsap
Tourism Marketing
$18,000
$15,300
Total
$113,649
$100,000
Recommendation: Staff recommends adoption of a resolution approving the lodging tax
recommendations for 2022, as presented.
Relationship to Comprehensive Plan: None.
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Motion for consideration: I move to adopt a resolution, adopting the Lodging Tax Advisory Committee's
recommendation for the 2022 funding allocation, as presented.
Fiscal Impact: $100,000 has been budgeted in the 2022 expenditure portion of the 2021/2022 Biennial
Budget.
Alternatives: N/A
Attachments: Resolution.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE LODGING TAX ADVISORY COMMITTEE'S RECOMMENDATION FOR 2022
FUNDING ALLOCATION.
WHEREAS, notice was published in the City's official newspaper on September 30,
2021 and October 12, 2021, stating the City was accepting proposals for Hotel/Motel Lodging Tax
funding applications for 2022; and
WHEREAS, proposals were due to the City Clerk no later than October 18, 2021; which
11 applications were received; and
WHEREAS, on October 28, 2021, the Lodging Tax Advisory Committee met with each of
the applicants who presented their proposals, as well as review the applications and provide their
recommendations to City Council; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The City Council accepts the Lodging Tax Advisory Committee's 2022 lodging
tax recommendations as follows:
Organization
Funding Request Type
Amount
Requesting
Amount
Awarding
South Kitsap Chamber of Commerce
Marketing and Operations of Events
$2,000
$2,000
South Kitsap Chamber of Commerce
Tourism Marketing
$15,800
$13,430
Fathoms O Fun
Marketing and Operations of Events
$29,114
$25,096
Kitsap Mustang Club
Marketing and Operations of Events
$2,500
$2,500
Port Orchard Bay Street Association
Marketing and Operations of Events
$22,035
$19,079
Port Orchard Bay Street Association
Tourism Marketing
$10,700
$9,095
Port Orchard Historic Theatre
Foundation
Marketing and Operations of Events
$2,500
$2,500
Saints Car Club
Marketing and Operations of Events
$3,500
$3,500
Sidney Museum and Arts Association
Marketing and Operations of
Events/Tourism Marketing of
Downtown
$5,000
$5,000
Visit Kitsap
Marketing and Operations of Events
$2,500
$2,500
Visit Kitsap
Tourism Marketing
$18,000
$15,300
Total
$113,649
$100,000
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PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro-Tem and
attested by the City Clerk in authentication of such passage this 91" day of November 2021.
Brandy Rinearson, MMC, City Clerk
Bek Ashby, Mayor Pro -Tern
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