ORDINANCE NO

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1 ORDNANCE NO AN ORDNANCE OF THE CTY OF PORT ORCHARD, WASHNGTON, ESTABLSHNG A MXED-USE PLOT PROGRAM AND DEVELOPMENT REGULATONS, PROVDNG FOR SEVERABLTY AND PUBLCATON; AND SETTNG AN EFFECTVE DATE. WHEREAS, the Cty desres to promote transt orented mxed-use development n ts downtown and local centers n accordance wth the Comprehensve Plan goals and polces; and WHEREAS, a plot program can provde the cty wth examples of mxed use projects and proof of concept for the vablty of mxed use development n Port Orchard; and WHEREAS, Port Orchard has not seen a mxed use (resdental over commercal) project developed locally snce the passage of the growth management act n 1991; and WHEREAS, mxed-use development s currently allowed n the Cty's exstng mxed-use (permtted outrght) and commercal zones (permtted by condtonal use permt); and WHEREAS, Port Orchard has had zonng n place allowng for mxed-use development for more than 15 years; however, these regulatons have not yelded any mxed-use projects despte sgnfcant resdental growth wthn the cty; and WHEREAS, anecdotal evdence suggests that the exstng development regulatons and zones n whch mxed-use development would be allowed do not produce economcally vable mxed-use projects and are barrers to mxed use development. (For nstance, n some areas of the cty, the code allows a 55-foot buldng and 100% lot coverage but doesn't allow a suffcent resdental densty to fll the upper stores of the buldng wth resdental dwellngs of a typcal square footage.); and WHEREAS, the 2016 Port Orchard Comprehensve Plan and Ktsap County Countywde Plannng Polces call for the Cty of Port Orchard to accommodate an addtonal 8,235 people and 3,132 addtonal jobs (over the perod from ); and WHEREAS, Port Orchard s growng at a rate slghtly below ts populaton allocaton as expressed n a lnear projecton; and WHEREAS, Port Orchard's Comprehensve Plan calls for 2.1% annual populaton growth to meet ts 2036 populaton allocaton target; however, from , the Offce of Fnancal Management projects that the cty only grew at 1.3%; and

2 Ordnance No Page 2 of 20 WHEREAS, Port Orchard's Commercal and Mxed-Use zones are underperformng as t pertans to resdental development n support of the cty's growth allocaton (targets); and ; WHEREAS, the Cty's 2016 update to ts comprehensve plan ncluded a local centers approach to plannng and called for mxed-use development and ncreased denstes wthn local centers; and ; WHEREAS, the proposed Mxed-Use Plot Program mplements numerous comprehensve plan polces and goals ncludng: Land Use Element Polces and Goals Polcy LU-23 Enable land use patterns that allow all resdents to safely and effcently access commercal servces, especally grocery stores and healthcare facltes, wthout an automoble. Land Use Element General Center Polces and Goals: Polcy CN-5 Support pedestran and transt uses by promotng compact, mxed-use areas wth approprate nfrastructure that provde a varety of actvtes. Polcy CN-2 The Cty should support employment growth, the ncreased use of non-automoble transportaton optons, and the preservaton of the character of exstng bult-up areas by encouragng resdental and mxed-use development at ncreased denstes n desgnated Centers. (Centers Goals 1,2,3,4,5,6; Housng, Parks, Economc Development, Transportaton, and Captal Facltes Elements) Goal 10. Update the exstng Downtown Development Regulatons (currently known as the Downtown Overlay Dstrct) to better defne desgn gudelnes, the desgn revew process, and to encourage a balance between hstorc preservaton and redevelopment n accordance wth the followng purposes: o Provde for the development of an ntegrated mxed use downtown dstrct that contans offce, servce, retal, resdental and recreatonal uses wthn close proxmty to one another. Goal 13. Encourage mxed use development wthn the Downtown and Gateways. Polcy CN-19 Encourage resdental use above commercal and retal ground floor developments, ncludng ncentves and publc amentes. Goal 14. Encourage facltes that wll draw local resdents and toursts to Downtown and the Gateways. Housng Polces and Goals: Goal 1. Ensure that the Cty's housng stock responds to changes n desred housng types based on demographc trends and populaton growth.

3 Ordnance No Page 3 of 20. s Polcy HS-2 Support the development of a varety of housng types, ncludng apartments, townhomes, mxed-use (resdental and other uses) and lve-work development, small-lot and zero lot lne sngle-famly homes, and manufactured homes, as well as tradtonal sngle-famly homes, through nnovatve plannng, effcent and effectve admnstraton of land and buldng codes, and, where avalable, applcable fnancal assstance. Goal 2. Ensure that housng s affordable and avalable to all socoeconomc levels of Port Orchard resdents. Polcy HS-4 Adopt zonng and development regulatons that wll have the effect of mnmzng housng costs and maxmzng housng optons. Goal 3. Encourage the clusterng of new housng developments n desgnated mxed-use Centers where resdental uses are co-located wth commercal uses Polcy HS-9 mplement mnmum resdental densty requrements n centers of local mportance n order to ncrease land and nfrastructure effcency. Polcy HS-10 Encourage the development of vertcal mult-famly housng above ground floor commercal uses wthn centers of local mportance. Polcy HS-11 Encourage the development of a mx of housng types wthn walkng and bcyclng dstance of publc schools, parks, transt servce, and commercal centers. Goal 4. Promote the effcent provson of muncpal nfrastructure and servces to new housng developments. Polcy HS-12 Requre that new housng developments occur concurrently wth necessary nfrastructure nvestments. Goal 5. Promote the effcent use of resdental land n order to maxmze development potental. Polcy HS-14 mplement zonng and development regulatons whch encourage nfll housng on empty and redevelopable parcels. Goal 9. Ensure that future resdental development protects and mantans natural ecosystems and crtcal areas, ncludng wetlands, streams, and wldlfe habtats. Polcy HS-26 Prortze resdental growth n centers of local mportance. Economc Development Polces and Goals: Goal 2. Encourage new commercal development to occur wthn desgnated centers of actvty near housng, mult-modal transportaton connectons, and urban servces. Polcy ED-6 The Cty shall encourage resdental and commercal growth n mxed-use local centers where job opportuntes and a dverse mx of retal and offce actvtes are concentrated.

4 Ordnance No Page 4 of 20 Polcy ED-7 The Cty shall prortze economc development and redevelopment n local centers. Goal 5. ncrease resdents' ablty to enjoy a hgh qualty of lfe and access to healthy lvng opportuntes, such as locally produced food, nearby grocery stores, parks and open space, and safe streets for walkng and bcyclng. Goal 6. Provde a dverse mx and approprate range of commercal, ndustral, and busness park uses wthn Port Orchard and South Ktsap area that wll provde lvng wage jobs. Polcy ED 25 The Cty shall ensure that local mxed-use centers allow for neghborhood scale grocery stores and restaurants to ensure that the Cty's resdents have access to healthy food optons. Polcy ED-27 The Cty shall, through changes to the land use code, encourage mxed use developments wthn centers of local mportance that wll enhance the vsual, economc, and envronmental qualty of these areas and mprove the transton between commercal and resdental dstrcts; WHEREAS, downtown Port Orchard s a desgnated local center n the 2016 Comprehensve Plan and as desgnated n appendx F of the Ktsap County Countywde Plannng Polces; and WHEREAS, barrers to mxed-use development have been dentfed ncludng maxmum zonng densty that doesn't ft allowable buldng heghts, conflctng heght lmt measurement methods, heght restrctons that don't justfy the cost of underground parkng, excessve mnmum parkng standards, a nebulous desgn revew process lackng clear wrtten standards, a condtonal use permt process requred for both mxed use development n commercal zones and for heght bonuses, and numerous and sometmes contradctory overlay dstrcts; and WHEREAS, retal sales patterns resultng from onlne sales growth and changng generatonal preferences are dsruptng the commercal real estate market; and WHEREAS, the Ktsap County Buldable Lands Report showed a surplus of commercal land wthn the cty lmts of Port Orchard; and WHEREAS, the areas targeted under ths mxed-use plot program are currently desgnated commercal n the comprehensve plan wth ether a Commercal, Busness Professonal, or Mxed-use zonng desgnaton; and WHEREAS, n desgnatng areas under ths program, the cty has dentfed stes wthn walkng dstance of downtown, the Bay Street Pedestran Pathway (segments 1-6), and the Ktsap Transt Downtown Foot Ferry termnal; and

5 : Ordnance No Page 5 of 20 WHEREAS, the cty s not seekng to redevelop the core of downtown Port Orchard (from Frederck to Harrson) under ths ordnance, but rather undeveloped and underdeveloped propertes near the downtown core whch when developed could contrbute to downtown economc development and vtalty; and ) WHEREAS, Ktsap County and Port Orchard suffer from a lack of affordable housng; and ; l l WHEREAS, ncreasng the number of avalable housng unts and provdng for alternatve housng types s one way to ncrease the supply of affordable housng; and WHEREAS, apartment vacancy rates n Ktsap County reman low at 4.6% countywde and 3.5% n Port Orchard as of January 2017; and 1 WHEREAS, the constructon cost of parkng represents a sgnfcant cost of housng development and rent; and WHEREAS, ground floor retal uses abuttng Bay Street are not currently requred to provde parkng due to the presence of on-street parkng wthn the Bay Street rght of way; and uses occupyng spaces above the ground floor on stes abuttng Bay Street are currently requred to provde dedcated off-street parkng; and WHEREAS, few opportuntes exst n Port Orchard for car-free lvng to lmted transt servces and a lack of non-motorzed pedestran facltes; and WHEREAS, the areas dentfed for mxed-use transt orented development n ths plot program potentally allow for car free lvng due to the avalablty of the new hghspeed passenger ferry from Bremerton to Seattle, the Ktsap Transt foot ferry connectng Port Orchard and Bremerton, Ktsap Transt bus servces, as well as car sharng servces such as Uber and Lyft, zp car, car-to-go whch are becomng ncreasngly avalable throughout the regon; and ; WHEREAS, transt orented development and car free lvng further the cty's greenhouse gas emsson polces; and WHEREAS, the Port Orchard Chamber of Commerce conducted a downtown parkng study and found that there s ample parkng avalable n and around downtown Port Orchard wth 926 avalable parkng spaces n the mmedate downtown area; and WHEREAS, the Cty contnues to mprove pedestran nfrastructure along the waterfront ncludng the constructon of the Bay Street Pedestran Pathway whch by 2019 wll extend from more than 1 mle along the downtown waterfront and provde accessble connectvty to the Ktsap Transt bus and ferry servces; and

6 Ordnance No Page 6 of 20 WHEREAS, the basc buldng block of a communty s the neghborhood; and WHEREAS, a neghborhood s lmted n physcal sze, wth a well-defned edge and center; and WHEREAS, a neghborhood should comprse a fne-graned mx of land uses, provdng opportuntes for all segments of the populaton to fnd places to lve, shop and be entertaned; and WHEREAS, the neghborhood should be based on the dstance a person can walk wthn fve mnutes from the center to the edge of the neghborhood; and WHEREAS, buldngs should be n proporton to human scale; and WHEREAS, nfll development has sgnfcant advantage to greenfeld development and can leverage exstng nfrastructure; and WHEREAS, dense mxed-use development reduces the fnancal burden of mantanng publc nfrastructure and servces; and WHEREAS, successful mxed-use projects are needed n Port Orchard to demonstrate project vablty and market demand for mxed use retal space and apartments (or condos); and WHEREAS, a SEPA Determnaton of Non-Sgnfcance was ssued on ths proposed ordnance on October 20, 2017; and WHEREAS, the Cty submtted a request for expedted revew of the proposed ordnance to the Department of Commerce on October 17, 2017; and WHEREAS, the Plannng Commsson held a publc hearng on ths proposed ordnance on November 7, 2017 and voted to recommend that the Cty Councl of Port Orchard approve the proposed mxed-use plot program and adopted the above whereas statement as fndngs n support of ther recommendaton; now, therefore, THE CTY COUNCL OF THE CTY OF PORT ORCHARD, WASHNGTON, DO ORDAN AS FOLLOWS: SECTON 1. The Cty Councl hereby adopts the above rectals as fndngs n support of ths ordnance. SECTON 2. An alternatve set of development regulatons known as the Transt Orented

7 Ordnance No Page 7 of 20 Mxed-Use Plot Program s hereby adopted to read as follows: Transt Orented Mxed-Use Development Plot Program 1. Purpose. To promote transt orented form based mxed-use development near downtown Port Orchard and the Cty's passenger ferry termnal, whle ensurng that such development demonstrates hgh qualty buldng and ste desgn that enhances the downtown busness envronment whle complementng exstng downtown development. n addton, the Plot Program s ntended to develop a body of successful, well-regarded examples of mxed-use buldngs to nform a later Councl decson whether to fnalze and/or refne development regulatons and desgn standards for future mxed-use projects n Port Orchard. 2. Term. The Plot Program shall commence on the effectve date, Aprl 2, Applcatons for development agreements to be submtted under the terms of ths program shall not be accepted untl both of the followng dates have occurred: 1) the effectve date of ths ordnance; and 2) the effectve date of the new archtectural and ste desgn standards applcable to mxed use development, whch standards are stll under development as of the date of adopton of ths ordnance. The Plot Program shall expre and ts effectveness shall cease on June 30, 2019, or, once the cty has receved development agreement applcatons for the constructon of 200 resdental dwellng unts under the terms of ths program, whchever occurs frst. Once an applcaton for a development agreement submtted under the terms of ths program has been submtted, that applcaton and development agreement and any needed project approval(s) may contnue to be processed accordngly even f the effectveness of the plot program has ceased. Once the Cty has receved a counter complete applcaton for a project that would yeld the 200th dwellng unt under the terms of ths program, no addtonal applcatons submtted pursuant to ths chapter may be accepted and any applcatons submtted under ths plot program after that threshold s reached shall be added to a watlst. The project applcaton that proposes the 200th dwellng unt as descrbed heren, may propose a number of dwellng unts that causes the total number of unts proposed under ths program to exceed 200 unts, but may not cause the total number of unts proposed under the plot program to exceed 250 dwellng unts under any crcumstances. (For nstance, f development agreement applcatons for 3 projects totalng 175 unts have been accepted, a 4th project could be accepted brngng to total number of unts allowed under the program to 230 unts. Whle the cty seeks 200 unts to be constructed under ths program, the cty wshes to be flexble (allowng up to 250 total unts) to ensure project vablty.) f a development agreement applcaton s rejected, substantally modfed, wthdrawn, or deemed wthdrawn due to lack of responsveness on the part of the applcant, that applcaton may be replaced wth the next applcaton on the watlst.

8 Ordnance No Page 8 of 20 ; s j 3. Submttal of Development Agreement Applcaton and Development Agreement Approval Requred. A. A development agreement substantally smlar to the form attached to ths ordnance as Exhbt A shall be requred as a prerequste to partcpaton n ths program. The development agreement shall reserve any requested and avalable resdental capacty as allowed under ths program as descrbed n Secton 2 and nclude a provson requrng that a counter complete buldng permt applcaton submtted pursuant to ths program be submtted wthn one year of the date of development agreement approval. B. Development agreement applcaton wndow and selecton process. The Cty shall accept development agreement applcatons pursuant to ths program durng an ntal applcaton wndow that begns on the effectve date and ends on Aprl 30, Durng the ntal applcaton wndow, f development agreement applcatons for fewer multfamly dwellng unts than allowed under ths program are receved, then the applcatons wll be processed on a frst-come frst-serve bass and any subsequent applcatons submtted wll be processed on a frst-come frst-serve bass. f development agreement applcatons totalng more than 250 unts are submtted durng the ntal applcaton wndow, then the cty wll utlze the compettve selecton process descrbed n Secton 15 of ths chapter to determne whch applcatons wll be selected for processng. n such a case, the cty wll not accept any addtonal development agreement applcatons under ths program. C. Addtonal development agreement applcaton requrements. Regardless of whether the plot program s admnstered on a frst-come frst-serve bass or through a compettve process as derved n Secton B above, the followng materals shall be submtted wth an applcaton for a development agreement:. A ste plan.. Buldng elevatons of all sdes.. A massng study whch shows a three-dmensonal axonometrc vew of the structure from at least 4 vantage ponts (the four corners of a 4-sded buldng) and also shows all other buldngs, above-ground structures, and roadways wthn at least 300 feet of the project boundares. See an example of a massng study n Fgure 1 below. v. A mnmum 24x36 nch color project renderng showng the proposed structure, assocated publc mprovements, desgn elements and landscapng. See an example of a project renderng n fgure 2 below. v. A narratve descrbng how the project wll be consstent wth the plot program's purpose, and how the project's ncorporated desgn features are consstent wth the adopted archtectural standards. v. Project detals ncludng the total number of resdental unts proposed, the proposed buldng heght, the locaton of proposed parkng, and the total number of parkng spaces proposed.

9 Ordnance No Page 9 of 20 v. Detals concernng any proposed projectons of balcones and weather protecton nto the rght of way. v. Detals and/or prelmnary drawngs of proposed mprovements wthn the publc rght of way. Fgure 1: An Example of a massng study. MASSNG STUDY j vew from ME :t rs- H ' t:,. ^. Vew from SW Fgure 2: An Example of a color project renderng. j J 4. Applcablty. A. Ths program provdes alternatve development standards for the specally desgnated areas shown on the maps n secton 4(B) below. Any such property shown n secton 4(B) Fgure 3 below may stll be developed under the normally applcable development regulatons as f ths plot program ddn't exst, n \

10 Ordnance No Page 10 of 20 accordance wth all other provsons of the POMC and state law. B. The provsons of ths plot program only apply to areas shown desgnated as MUPP-1, MUPP-2, MUPP-3 or MUPP-4 on Fgure 3 below, and only untl the plot program expres as descrbed above. Fgure 3: MUPP Map and Heght Lmts. ; <, 11 : ' ; A > 1 1 *, \mm Cty of Port Orchard Mxed Use Plot Program H FOOT FERRY TERMWAl. Bay Street Pedestran Path Type a W-M CTj n trt. - -, n, UNDESGNATED ' STOREFRONT ZONE mupp YTZft MUPP 2 KTSAP l_ ^»~u.- E^l MUPP 3... ^T VPUjv MUPP A ^4th- T rf^-' / r" T - S + 01* v DVSON'.,._J. t_ - L Tr --- 1'"'T - SWCANyl- ^ r m Wmr ~~ 11. ( r x- n -( T T t:u**=r ^ LJ * moatounem nap M-MU rwdfl*, PP vymnlh «f any sort, 'tl-clng actuftoy, f*nass. W 'reu'artabllty occyrwrty llt ppduel tn uw pmurtmap AaaurcsasnMrlly lamsuve*. tceelhnmlnn 01 luflaonty fe h> mtndd usa. V l map fa not sjubffk 'at November C. The followng POMC code sectons as exstng now or hereafter amended shall not apply to development n the areas descrbed n subsecton B above when accepted nto ths plot program: POMC Zonng Map POMC Zonng Dstrcts (excludng ) POMC Overlay Dstrcts POMC Desgnated Land Uses POMC Nonconformng Uses POMC Development Standards POMC Common Development Standards POMC Parkng and Crculaton POMC Landscapng Standards D. Mnmum Project Sze. Projects proposed under ths plot program shall have a mnmum buldng footprnt of 5,000 square feet and a mnmum of 10 resdental unts.

11 Ordnance No Page 11 of 20 \ 5. Mxed-Use Plot Program Zones. The mxed-use plot program conssts of one zone that allows four (4) dfferent buldng heght lmts dependng on where that property s n relaton to upland development and topographc features as desgnated on the map above. Ths zone, desgnated Mxed Use Plot Program (MUPP) s accompaned by a number (1, 2, 3, or 4) that drects one to the correspondng maxmum heght lmt. Buldng heght s the only dfference between these four (4) desgnatons under the plot program. A. MUPP-1 B. MUPP-2 C. MUPP-3 D. MUPP-4 6. Permtted Uses. The followng uses are the only uses permtted n the MUPP (1-4) zone. See defntons n secton 16. The uses permtted under the MUPP are categorzed as ether (A) storefront uses or (B) general uses. Storefront uses are permtted n outrght all locatons wthn the MUPP zone (as desgnated 1-4). General uses shall be permtted n all areas desgnated under the MUPP zone (as desgnated 1-4) except n ground floor spaces wthn 40 feet of the rght-of-way lne of a storefront street. Exceptons to the ground floor use requrements may be granted for buldng access such as a resdental apartment lobby or offce lobby or a parkng garage access, provded that the ground floor area appears to consst prmarly of storefronts when vewed from the street. Storefront street/block frontages are shown on fgure 3 above. A: Storefront Uses:. Commercal Chldcare. Commercal Entertanment. Lbrary. v. Lodgng, level 3 v. Museum v. Parkng Access Pont (not to exceed 25 feet n wdth). v. Product Servces Level 1 v. Restaurants Levels 1, 2, and 3 x. Sales, Ancllary x. Sales, Level 1 x. Tavern B. General (non-storefront) Uses. Dwellng, Multple Famly. Accessory Uses and Structures. Home Occupatons v. Home Professon v. Government admnstratve offce v. Publc/Prvate Servces v. Communty Recreaton Hall

12 Ordnance No Page 12 of 20 v. x. x. x. x. x. xv. XV. xv. xv. Parks Electrc (rapd) vehcle chargng staton Conference Centers Personal Servces Busness Servces Professonal Servces. Healthcare Servces Ancllary Servces Commercal Recreaton Parkng Lot, Commercal (Parkng structures, underground parkng, and parkng under a buldng permtted, uncovered surface parkng prohbted). > ; 7. Buldng Heght. A. Buldng Heghts shall be measured n accordance wth the defnton of "buldng heght" found n POMC Defntons, except for the MUPP-1 area (whch shall be measured from the average uphll property lne elevaton, or when a proposed ste s located wthn areas regulated for mnmum flood elevatons under POMC , n whch case buldng heght may be measured from the mnmum flood elevaton, whchever method results n the more permssve buldng heght. Buldng Heghts n the MUPP zone (as desgnated MUPP 1, 2, 3, or 4) shall be lmted to a maxmum heght as follows: MUPP-1:15 feet as measured from the uphll property lne average elevaton. The MUPP- 1 heght lmts are ntended to apply only to through lots on slopng stes between Bay Street and Perry Ave. MUPP-2: 48 feet, not to exceed 4 stores MUPP-3: 58 feet, not to exceed 5 stores MUPP-4: 68 feet, not to exceed 6 stores B. A ten-foot (one story) heght bonus not to exceed 20,000 feet n area may be granted to exceed the applcable maxmum heght provded n 7 (A) f the applcant agrees to construct and operate (or lease to an operator) a grocery store n the same buldng for whch the bonus s sought, wth the grocery store space measurng at least 10,000 square feet n area. n addton to the 20,000-square foot bonus lmt, the area of ths addtonal ten feet of buldng heght shall not exceed 95% of the area of the floor mmedately below ths bonus heght (floor). A letter of nterest from a grocer shall be requred at the tme of applcaton for partcpaton n the MUPP expressng an nterest n operatng a store n the proposed locaton. The grocery store space constructed shall be restrcted by a covenant wth the cty such that the space's prmary use be the sale of unprepared foods for a perod of ffteen (15) years. n addton, projects recevng the bonus shall be desgned and constructed to nclude structural, electrcal, and mechancal systems consstent wth the planned operaton of a grocery store.

13 Ordnance No Page 13 of 20 C. Projectons above the heght lmts n sectons A and B are permtted for mechancal systems and ther assocated screenng, turrets, unoccuped towers, spres, antennas, elevator shafts, rooftop patos and decks, landscapng, and other smlar features typcally found on a flat roof Mx of Uses requred n buldngs constructed pursuant to ths ordnance. A. A mx of uses n at least one buldng on a ste proposed for development under ths program shall be a requrement of ths program. The ground floor portons of any buldng wthn 40 feet of the rght-of-way lne of a storefront street as desgnated on fgure 3 shall only be occuped by a storefront use as lsted n secton 6 (A) (restaurants, retal, etc.). General uses under secton 6 (B) (multfamly dwellngs, lve/work dwellng unts, personal servce uses, etc.) may be located on the ground floor n portons of a buldng whch are more than 40 feet from the rght-of-way lne of a desgnated storefront street. Exceptons to the ground floor use requrements may be granted for buldng access such as a resdental apartment lobby or offce lobby or a parkng garage access, provded that the ground floor area appears to consst prmarly storefronts when vewed from the street. 1 \ 9. Parkng. Parkng shall be provded n accordance wth the mnmum standards lsted below. Parkng may be located on-ste. Parkng may be located on prvate property offste provded that the property boundary contanng the requred parkng s wthn 1,000 j feet of the property on whch the project s proposed under ths program and provded that adequate controls are establshed to guarantee the avalablty of that parkng n perpetuty unless parkng requrements are reduced at a future date, or, f alternatve parkng facltes are provded subject to Cty Councl acceptance. The condtons under whch offste requred parkng may be reduced or relocated shall be establshed n the development agreement between the Cty and the applcant pror to buldng permt ssuance. A. Commercal uses for ground floor storefronts abuttng Bay Street between Robert Geger Street and Harrson: Parkng s not requred. B. Dwellng Unts: 0.5 vehcle spaces per dwellng unt. C. Other Commercal Uses not located on the ground floor: Parkng not requred. D. Total on-ste parkng for any project shall not exceed 1. 5 automotve spaces per proposed dwellng (ncludng any parkng ntended to support commercal uses), however projects qualfyng for a grocery store heght bonus shall be allowed addtonal parkng at 1 stall per 300 square feet of grocery store area. E. Bcycle parkng shall be provded at a rato of 1 bcycle parkng space per 3,000 square feet of gross commercal floor area n a constructed buldng wth a mnmum of 3 bcycle parkng spaces provded. 10. Requred Landscapng. All areas of stes developed pursuant to ths program whch are not to be covered by proposed hard surfaces or buldng structure shall be fully landscaped n accordance wth ths secton. n addton, street frontages (ncludng areas n the adjacent rght of way) and publc plazas shall be desgned wth landscapng n

14 Ordnance No Page 14 of 20 accordance wth ths subsectons C and D below. A. All areas whch are not covered by buldng or hardscape shall be landscaped usng one or a combnaton of the followng technques:. Landscapng consstng of dense shrubs, trees, flowers s provded n accordance wth an approved landscape plantng plan;. Envronmental restoraton plan provded and mplemented usng natve ndgenous speces.. nstallaton of lawn areas for use of resdents and/or the publc. v. Low mpact Development stormwater facltes B. Landscape plans as prepared by a lcensed landscape archtect shall be provded for revew and approval n accordance wth ths secton. Low mpact Development stormwater facltes shall be desgned by a lcensed cvl engneer. C. Street trees, planters, hangng baskets, or some other landscapng approprate for placement wthn the abuttng rght of way shall be provded at a regular nterval rangng between 20 and 50 feet, as determned by the Drector. (Provde llustraton) D. Any publc spaces and plazas developed as part of a project proposal shall nclude landscape areas measurng at least 10% of the total publc space and plaza area. (Provde llustraton). E. Permanent rrgaton shall be provded for all landscape areas. 11. Frontage and Sdewalk mprovements. The Cty may requre as a provson of the development agreement that concrete (other decoratve surfaces allowed wth Drector approval) sdewalks, curbs, landscapng, pedestran ways, and (asphalt or concrete) parkng lanes mmedately abuttng a project developed under ths program be mproved or enhanced. At a mnmum, sdewalks and ADA ramps shall be mproved to current Cty standards. Alternatve materals or patterns (such as pavers, brck, or stamped concrete) may be requred as a provson of the development agreement to coordnate wth the desgn and materals proposed for a proposed project. n addton, contnuous ADA complant pedestran ways measurng at least 6-feet n wdth shall be requred for all projects constructed under ths program to connect the proposed project wth ether the Bay Street Pedestran Pathway (segments 1-6) or the Port Orchard Passenger Ferry Termnal, (see map). All pedestran ways shall be desgned usng gudance found n the Natonal Assocaton of Cty Transportaton Offcals Urban Street Desgn Gude. 12. Lot Coverage. One-Hundred Percent (100%) lot coverage shall be allowed n MUPP (1-4) areas above, except for portons of propertes located wthn areas controlled by the Shorelne Master Program whch shall comply wth lot coverage requrements as adopted under the shorelne master program. The crtcal areas code may also lmt lot coverage or requre setbacks n some nstances. 13. Balcones and weather protecton (awnngs or canopes) may be proposed to project over the sdewalk or other pedestran rght of way. Such projectons shall be lmted to 75% of the wdth of the sdewalk/landscape porton of the rght-of-way, provded that no

15 Ordnance No Page 15 of 20 5 : S ] projecton shall extend to wthn two feet of the vertcal curb face along a street or parkng lane. Projectons shall be approved under a street use permt (for removable projectons) or by partal street vacaton approved by the Cty Councl (for permanent projectons). A removable projecton s one that could be removed from the rght-of-way at a later date wthout substantal cost and wthout adversely affectng the ntegrty of the buldng. Weather protecton shall be requred along all buldng fagades adjacent to a publc rght of way. n no case shall a balcony or weather protecton project more than 8 feet nto the abuttng rght-of-way. 14. All development proposed under ths plot program shall comply wth the applcable sectons of POMC Ttle 20 and any Archtectural and Ste Desgn standards n effect at the tme of buldng permt applcaton or as approved through a development agreement. Note that these standards are currently under development and wll only apply f adopted pror to project vestng. The chapters that wll apply are tentatvely numbered and ttled as follows: ntroducton Block Frontage Standards Ste Plannng Buldng Desgn Outdoor Lghtng 15. Compettve Selecton Process (f requred). f pror to Aprl 30, 2018, development agreement applcatons collectvely expressng an ntent to construct more than 250 dwellng unts are submtted, then a compettve project selecton process under ths secton shall commence. A. Revew process. The Mayor wll convene a specal advsory revew body whch shall functon n an advsory capacty to provde a recommendaton pror to the Cty Councl takng acton to determne whch projects should be ncluded wthn the program. The Cty Councl shall determne whch projects may proceed under ths program. The Open Publc Meetngs Act and the Appearance of Farness Doctrne shall apply to all meetngs of the advsory revew body and the cty councl for the purposes of evaluatng and rankng the projects n the competton. B. The specal advsory revew body shall consst of:. The Communty Development Drector or desgnee;. The Publc Works Drector;. An archtect or urban desgn professonal apponted by the mayor; v. Two (2) other desgn professonals wth urban desgn experence as apponted by the mayor; C. The specal advsory revew body wll assess the consstency of the proposal wth the followng crtera and scorng. Each member of the body shall score the project ndvdually, but not anonymously, and the averaged result shall be used to determne a fnal score. All proposals submtted under the provsons of ths secton shall be evaluated

16 Ordnance No Page 16 of 20 based on the applcant's demonstraton of the followng accordng to the materals submtted as of Aprl 30, 2018:. Responsveness to the followng basc downtown patterns establshed by exstng development n the area (up to 25 ponts). a. Street frontage characterstcs. b. Rhythm of development along the street. c. Buldng orentaton on the ste and n relaton to the street. d. Street setback patterns. e. Landscapng and trees. f. Archtectural features. g. Hstorc character, f located wthn a desgnated Hstorc Dstrct.. Pedestran-frendly desgn (up to 20 Ponts). The degree to whch the proposed development provdes exceptonal pedestran access between proposed buldngs and adjacent publc rghts of way and emphaszes pedestran connectvty. The qualty of the pedestran experence wthn the ste and n the abuttng publc rght-of-way shall be hgh.. De-emphasze parkng (up to 10 ponts). The degree to whch the project meets mnmum parkng requrements whle concealng or effectvely screenng requred parkng from vew along publc streets and rghts of way. v. Create useable outdoor publc and prvate spaces (10 ponts). The degree to whch the project provdes usable and functonal publc and prvate outdoor spaces. v. Other specal project amentes (up to 10 ponts). The degree to whch the project provdes other specal amentes to ts resdents. Examples nclude but are not lmted to exercse facltes, pools, common areas, publc art, etc. v. Affordable Housng (up to 10 ponts). The degree to whch the project wll provde affordable housng. v. Sustanable features (up to 5 ponts). The degree to whch the project ncorporates sustanablty features through one of the followng certfcaton programs:, a. Bult Green b. LEED c. Greenroads v. Economc Development (up to 10 ponts). The type of commercal tenant spaces created and the degree to whch those spaces can support busnesses that wll further enhance downtown Port Orchard as a desrable place to lve and work, create synerges wth the exstng busness mx n and around downtown, and support toursm. D. The specal advsory commttee shall score the proposed projects based on the ponts system and scorng crtera n secton C above and forward ts recommendaton to the Cty Councl for approval of the project rankngs. The Cty Councl shall revew the advsory commttee rankngs usng the same crtera wthout beng oblgated to gve deference to the commttee and shall make the fnal rankng determnaton. Upon the Cty Councl's fnal determnaton of the project rankngs, the Cty Councl may consder the development agreement applcatons for the projects that were selected to proceed forward pursuant to ths program.

17 Ordnance No Page 17 of Defntons. The defntons n POMC shall apply to the plot program except as follows: "Accessory uses and structures" shall mean a use or a structure on the same lot wth, and of a nature customarly ncdental and subordnate to, the prncpal use or structure, means caretaker dwellng unts assocated wth nonresdental uses, resdental garages, sheds, smlar outbuldngs assocated wth the prncpal resdental uses on the ste and temporary buldngs for and durng constructon. "Ancllary servces" means servces prmarly for the employees of a prmary permtted use. Examples of such uses nclude day care centers, cafeteras and exercse facltes for the beneft of the employees. "Busness servces" means an establshment engaged n provdng servces to ndvduals, busness and professonal offce uses. Examples of such uses nclude: postal servces, fnancal nsttutons, photocopyng and reproducton servces, jantoral servces, graphc desgn servces, advertsng servces, data processng servces, employment agences. "Commercal chld care" means a state-lcensed busness that provdes chld care on a daly bass outsde of the provder's dwellng. "Communty recreaton hall" means a faclty provded by a nonproft organzaton or government agency, for the purposes of communty gatherngs, classes, meetngs, etc. Such a faclty may nclude a commercal grade ktchen. "Conference center" shall mean an establshment developed prmarly as a meetng faclty, ncludng facltes for recreaton, overnght lodgng, and related actvtes provded for conference partcpants. "Dwellng Unt - Multfamly" means a buldng that ncludes separate but attached resdental dwellng unts, whch are each desgned for occupancy by one famly wth no other uses except permtted accessory actvtes. Multfamly dwellng unts may be located n a stand-alone resdental buldng or as a component of a mxed-use buldng. "Entertanment, Commercal" means any passve recreatonal actvtes ncludng but not lmted to move theaters, performng arts theaters, concert halls, and arcades. Does not nclude adult entertanment facltes. "Food truck" means a vehcle or traler located on prvate property from whch a vendor prepares and/or serves food for sale to the general publc. "Government admnstratve offce" means a faclty for the executve, legslatve, judcal, admnstratve, and regulatory actvtes of local, state, federal, and nternatonal

18 Ordnance No Page 18 of 20 governments that may perform publc servces and work drectly wth ctzens. Typcal facltes nclude courthouses, human and socal servce offces, health offces, and government offces. Health Servces: ncludes offces, patent clncs, and medcal dental laboratores. "Home occupaton" means any actvty conducted for fnancal gan or proft n a dwellng unt by persons resdng theren, and whch actvty s not generally or customarly characterstc of actvtes for whch dwellng unts are ntended or desgned and such actvty s clearly ncdental or secondary to the resdental use of a dwellng unt. "Home Professon" means a lmted-scale actvty undertaken for fnancal gan wth no on-ste fabrcaton, servce or sales, whch occurs n a dwellng unt or accessory buldng and s subordnate to the prmary use of the premses as a resdence n accordance wth the provsons of Chapter POMC. "Lodgng, level 1" means a sngle-famly resdence whch provdes overnght lodgng for guests, and may provde meals for overnght guests, not to exceed seven guest rooms. "Lodgng, level 2" means an establshment provdng sleepng accommodatons wth a majorty of all guest rooms havng drect access to the outsde wthout the necessty of passng through the man lobby of the buldng, wth or wthout food servces, and may nclude conference facltes. "Lodgng, level 3" means an establshment provdng sleepng accommodatons wth a majorty of all guest rooms havng drect access through the man lobby of the buldng, wth or wthout food servces, and may nclude conference facltes. "Museum" means a buldng or place for the acquston, conservaton, study, assembly and publc dsplay and/or exhbton, and educatonal nterpretaton of objects havng hstorcal, cultural, scentfc, or artstc value. "Parkng Lot Commercal" means an off-street parkng area, a majorty of whch s avalable to the publc, and such parkng s the prmary use of the ste. "Parks" means land used for actve and passve recreaton ncludng, but not lmted to, local and regonal parks, playgrounds, ballfelds, water access facltes and nonmechancal boat launches. "Personal servces" means an establshment engaged n provdng servces nvolvng nonmedcal care of a person and/or hs or her personal goods or apparel. Examples of such uses nclude: laundromats, drycleaners, barbers, harstylng salons, spa servces, ndoor pet groomng salons, photography studos, dance schools, karate schools, and

19 Ordnance No Page 19 of 20 ndoor ftness centers no more than 20,000 square feet n sze. "Product servces, level 1" means busnesses engaged n servcng, repar or mantenance of small personal tems such as shoes, small applances, computers, watches and clocks, jewelry, and clothng, etc. "Product servces, level 2" means all product servces, level 1 uses plus large applance repar, auto repar, boat repar and garden equpment repar. s "Professonal servces" means specalzed servces or sklls provded n an offce settng, such as lawyers, lcensed health care provders, archtects, engneers, consultants, accountants and fnancal advsors. "Publc/prvate servces" means uses such as lbrares, fre statons, polce statons, government and school mantenance and storage facltes, and publc parkng lots. "Recreaton - ndoor commercal" means any ndoor actve recreatonal use, ncludng but not lmted to tenns centers, ftness centers greater than 20,000 square feet n sze, bowlng, skatng, and swmmng. "Recreaton - Outdoor commercal" means any outdoor actve recreatonal use, ncludng but not lmted to tenns, golf, outdoor ftness centers, skatng and swmmng. "Restaurant Level 1" establshment provded the Restaurant 1 use does not exceed 1,200 square feet n sze. "Restaurant Level 2" means an establshment that prepares and serves food and nonalcoholc beverages. "Restaurant Level 3" means an establshment that prepares and serves food and alcoholc beverages. Sales, Ancllary "Ancllary sales" means sales drected towards the employees or patrons of a prmary permtted use wth no exteror sgnage. "Sales, level 1" means general sales ncludng grocery stores, hardware stores, varety stores, nurseres, pharmaces, bakeres, flower shops, and smlar general retal uses. "Sales, level 2" means automobles, trucks, motorcycles, recreatonal vehcles, boats and traler sales. "Sales, level 3" means heavy equpment sales and rentals, and ncludng outdoor bulk sales of buldng and landscapng supples.

20 Ordnance No Page 20 of 20 "Tavern" means an establshment that serves alcoholc beverages as ts prmary use. SECTON 3. The development agreement template as attached hereto as Exhbt A s adopted by reference. SECTON 4. Severablty. f any secton, sentence, clause or phrase of ths Ordnance should be held to be unconsttutonal or unlawful by a court of competent jursdcton, such nvaldty or unconsttutonalty shall not affect the valdty or consttutonalty of any other secton, sentence, clause or phrase of ths Ordnance. SECTON 5. Publcaton. Ths Ordnance shall be publshed by an approved summary consstng of the ttle. SECTON 6. Effectve Date. Ths ordnance, beng an exercse of a power specfcally delegated to the Cty legslatve body, s not subject to referendum and shall take effect fve (5) days after passage and publcaton of an approved summary thereof consstng of the ttle, PROVDED THAT ths ordnance shall not take effect any earler than Aprl 2, 2018 regardless of the publcaton date. PASSED by the Cty Councl of the Cty of Port Orchard, APPROVED by the Mayor and attested by the Clerk n authentcaton of such passage ths 14th day of November Robert Putaansuu, Mayor ATTEST: SPONSOR: Z2L Brandy Rnearson, CMC, Cty Clerk Bek Ashby, Counclmembyr APPROVED AS TO FORM: $ * c\ \ \ SEALj ($hafon Cates, Cty Attorney PUBLSHED: EFFECTVE DATE: November 24, 2017 November 29, 2017

21 Exhbt A DRAFT October 30, 2017 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CTY OF PORT ORCHARD AND FOR THE [nsert project name] DEVELOPMENT THS DEVELOPMENT AGREEMENT executed on (herenafter the Development Agreement recorded under Ktsap County Audtor s No. add number), s made on the day of, 2018, by and between the Cty of Port Orchard, a Washngton muncpal corporaton, herenafter the Cty, and, a lmted lablty corporaton (may need to change), organzed under the laws of the State of Washngton, herenafter the Developer. RECTALS WHEREAS, ths development agreement has been prepared, n part, for the purpose of reservng lmted resdental dwellng unt capacty for mxed use development under the Cty of Port Orchard Mxed Use Plot Program (MUPP); and, WHEREAS, the MUPP has an upper lmt on the number of resdental unts to be permtted under the program and stpulates that these unts be reserved under a development agreement pror to the applcant submttng a buldng permt applcaton; WHEREAS, the MUPP was adopted n furtherance of the goals and polces of the Cty of Port Orchard Comprehensve Plan to provde hgh qualty buldng and ste desgn that enhances the downtown busness envronment whle complementng exstng downtown development and to develop a body of successful, well-regarded examples of mxed use buldngs to nform a later Councl decson whether to fnalze and/or refne development regulatons and desgn standards for future mxed-use projects n Port Orchard, both of whch consttute publc benefts; and WHEREAS, the Development proposal ncludes the followng elements: [nsert approprate descrpton such as, xxx dwellng unts, and yyy square feet of offce space, zzz square feet of retal space, and be sure to nclude all elements for whch development receved ponts as part of compettve applcaton process]', and WHEREAS, the Developer has proposed to construct and, after Cty nspecton and approval, dedcate to the Cty wthout cost, for ownershp and mantenance, frontage and sdewalk mprovements, and other publc amentes, f applcable,_ (all as set forth n ts [nsert Project Ttle] Page 1 of 5

22 Exhbt A applcaton and n sectons XXX and YYY of the Development Agreement) to serve the Development; and WHEREAS, the Cty would lke to provde the Developer wth a wndow of tme under whch the developer may prepare and submt a buldng permt applcaton (and any other requred applcatons) pursuant to the Transt Orented Mxed-Use Plot Program; and WHEREAS,; and WHEREAS,; and WHEREAS, ; and WHEREAS, ; and WHEREAS, the Port Orchard Cty Councl provded publc notce and held a publc add date, 2018; hearng on ths Development Agreement on Now, therefore, the partes hereto agree as follows: GENERAL PROVSONS Secton 1. Buldng Permt Submttal. The Developer agrees to submt a counter complete buldng permt applcaton wthn two (2) years of the date of ths Agreement for a mxed-use structure generally consstent wth the structure proposed n ther applcaton attached hereto as Exhbt 1 and whch shall nclude all elements for whch Developer receved ponts durng the compettve selecton process. Buldng permt applcaton (s) submtted pursuant to ths agreement shall addtonally comply wth the requrements of the Cty s MUPP and the followng parameters: Dwellng Unt Count (may be decreased by no more than % but not ncreased): Mnmum Number of Parkng Stalls to be provded (may be ncreased by no more than % but not decreased): Commercal Square footage (may be adjusted +/- 10%): Offce square footage (may be adjusted +/- 10%): Other use square footage (may be adjusted +/- 10%): [nsert other parameters] [nsert Project Ttle] Page 2 of 5

23 Exhbt A Secton 2. Vestng. The Cty agrees that buldng permts submtted pursuant to ths agreement shall be vested to the development regulatons and other land use controls n place as of the date of development agreement approval by the cty councl, ncludng but not lmted to the standards of the MUPP. Secton 3. Valuable Consderaton. As a condton of buldng permt ssuance, the Developer agrees to construct at hs or her expense, the followng publc and prvate amentes and facltes n support of the project: Publc mprovements: a. Frontage, Sdewalk, and/or Rght of Way mprovements, wth constructon drawngs subject to Publc Works drector approval, consstent wth those shown on Exhbt 2. b. Offste mprovements: c. Publc Parkng (number of stalls): d. Publc plazas or other common areas open to the publc: e. [nsert other mprovement proposed and be sure to nclude any elements for whch Developer receved ponts durng the compettve selecton process] Prvate mprovements/amentes: a. Prvate Parkng (number of stalls) (onste or offste): b. Landscape mprovements (descrbe f any). c. Common Areas /descrbe f any). d. Affordable housng (descrbe f any): e. Tenant amentes /descrbe f anvl: f_[nsert other mprovement proposed and be sure to nclude any elements for whch Developer receved ponts durng the compettve selecton process] Secton 4. Term. Ths agreement shall be vald for 2 years unless a counter complete buldng permt applcaton s submtted by the developer pursuant to the terms of ths agreement n whch case the agreement shall be extended for two more years. Secton 6. XXX [nsert Project Ttle] Page 3 of 5

24 Exhbt A )} Secton 7. XXX Secton 8. XXX N WTNESS WHEREOF, the partes hereto have caused ths Development Agreement to be executed as of the dates set forth below: * CTY OF PORT ORCHARD: [nsert Name] By: Robert Putaansuu ts: Mayor Date: By: Prnt Name: ts: Date: \ ATTEST: By: Brandy Rnearson, Cty Clerk APPROVED AS TO FORM: By: Sharon Cates, Cty Attorney : [nsert Project Ttle] Page 4 of 5

25 Exhbt A STATE OF WASHNGTON ) ) ss. COUNTY OF KTSAP ) On ths day personally appeared before me Robert Putaansuu to me known to be the Mayor of the Cty of Port Orchard, the muncpal corporaton descrbed n and that executed the wthn and foregong nstrument, and acknowledged that he sgned sad nstrument to be the free and voluntary act and deed of sad muncpal corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad muncpal corporaton. GVEN under my hand and offcal seal ths day of j NOTARY PUBLC n and for the State of Washngton, resdng at Prnt Name: My appontment expres: STATE OF WASHNGTON ) ) ss. COUNTY OF KTSAP ) On ths day personally appeared before me to me known to be the, the corporaton descrbed n and that executed the wthn and foregong nstrument, and acknowledged that he/she sgned sad nstrument to be the free and voluntary act and deed of sad corporaton, for the uses and purposes theren mentoned, and on oath stated that he was authorzed to execute sad nstrument on behalf of sad corporaton. GVEN under my hand and offcal seal ths day of NOTARY PUBLC n and for the State of Washngton, resdng at Prnt Name: My appontment expres: [nsert Project Ttle] Page 5 of 5

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