012-23 - Ordinance - Comprehensive Plan AmendmentsDocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC
ORDINANCE NO. 012-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE PORT ORCHARD COMPREHENSIVE PLAN ADOPTED
UNDER THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT,
CHAPTER 36.70A RCW; ADOPTING AMENDMENTS TO THE PARKS
ELEMENT OF THE COMPREHENSIVE PLAN; ADOPTING AN AMENDMENT
TO THE LAND USE DESIGNATION MAP OF THE PORT ORCHARD
COMPREHENSIVE PLAN AND TO THE LEGISLATIVE ZONING MAP
AMENDMENT; PROVIDING FOR SEVERABILITY, CORRECTIONS, AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in 1990
(GMA), Chapter 36.70A RCW, local governments are required to adopt a comprehensive plan that
outlines strategies to accommodate the needs of a growing population; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of
Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and
WHEREAS, the City of Port Orchard completed its most recent periodic update of its
Comprehensive Plan in June 2016, as required by the GMA; and
WHEREAS, the City may annually adopt amendments to the City's Comprehensive Plan
pursuant to RCW 36.70A.470 and 36.70A.106; and
WHEREAS, the City initiated an application for Comprehensive Plan amendments by the
required deadline date of January 31, 2023; and
WHEREAS, the amendment submittal affects properties along SE Meline Road; and
WHEREAS, the properties along SE Meline Road are identified by Kitsap County Assessor
Parcel Numbers 112301-3-010-2007, 112301-3-009-2000, 112301-3-003-2006, 112301-3-002-
2007, 4800-000-023-0106, 112301-3-048-2003, 112301-3-005-2004, 112301-3-047-2004,
112301-3-008-2001, 112301-3-011-2006, and 112301-3-012-2005; and
WHEREAS, the amendment submittal proposes a revision and update to the Land Use
Designation Map of the Comprehensive Plan; and
WHEREAS, the impacted properties are currently designated Commercial in the Port
Orchard Comprehensive Plan Land Use Designation Map; and
WHEREAS, the properties are currently designated Commercial Mixed Use in the
adopted Port Orchard Zoning Map; and
WHEREAS, the amendment submittal proposes a revision and update to the adopted
City of Port Orchard Zoning Map; and
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Ordinance No. 012-23
Page 2 of 6
WHEREAS, the Comprehensive Plan amendment would redesignate the properties Low -
Density Residential in the Port Orchard Comprehensive Plan Land Use Designation Map; and
WHEREAS, the Comprehensive Plan amendment would redesignate the properties
Residential 1 in the adopted Port Orchard Comprehensive Zoning Map; and
WHEREAS, on January 25, 2023, the City Council Land Use Committee publicly reviewed
the 2023 Comprehensive Plan amendments; and
WHEREAS, on February 14, 2023, the City Council approved the 2023 Comprehensive Plan
amendment docket consistent with POMC 20.04.060; and
WHEREAS, on February 15, 2023, notice of the proposed amendments to the City's
Comprehensive Plan was sent to the Washington State Department of Commerce at least sixty
days before the amendments were adopted, in accordance with RCW 36.70A.106; and
WHEREAS, on February 15, 2023, a SEPA Determination of Non -Significance was issued,
and provided to the public, agencies, and other interested parties in accordance with the
requirements of POMC Chapter 20.04.080, and published in the newspaper of record and on the
City website, and emailed to the Washington Department of Ecology; and
WHEREAS, on February 21, 2023, a Notice of Hearing was published in the City's
newspaper of record advertising a public hearing to be held by the Planning Commission on the
proposed 2023 Comprehensive Plan amendment, and the notice was provided to the public,
agencies and other interested parties in accordance with the requirements of POMC Chapter
20.04.080; and
WHEREAS, on February 21, 2023, a Notice of Hearing was mailed to property owners
within 300 feet of impacted properties regarding the proposed 2023 Comprehensive Plan
amendment and Legislative Zoning Map amendment; and
WHEREAS, the Department of Community Development received eight letters regarding
the proposal; and
WHEREAS, on March 7, 2023, the Planning Commission held a public hearing and took
public testimony on the 2023 Comprehensive Plan amendments and Legislative Zoning Map
amendment; and voted unanimously to recommended approval of the amendments to City
Council; and
WHEREAS, on May 9, 2023, the City Council held a Regular Meeting, considered all public
testimony received, considered the Planning Commission's recommendation and find it in the
public interest to adopt the proposed amendments to the City's Comprehensive Plan; now,
therefore
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Ordinance No. 012-23
Page 3 of 6
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. The City Council finds that the amendments adopted by this Ordinance are
consistent with the goals and policies of the City's adopted 2016 Comprehensive Plan and are
consistent with the state Growth Management Act and other applicable law.
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually or cumulatively, result in adverse effects to the public health, safety or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION 5. The City Council finds that the amendments adopted by this Ordinance
are consistent with the land uses and growth projects which were the basis of the adopted
Comprehensive Plan, are compatible with neighboring land uses and surrounding
neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities.
SECTION 6. Adoption of Amendments to Comprehensive Plan. In accordance with
the above -described Findings and Conclusions, the City Council hereby amends the Port
Orchard Comprehensive Plan by approving and adopting the 2023 amendments to the Port
Orchard Comprehensive Plan. Such amendments are attached to this Ordinance as Exhibit 1 and
incorporated herein by this reference as if set forth in full. The amendments include revisions to
the update to the Land Use Designation Map of the Port Orchard Comprehensive Plan and the City
of Port Orchard Zoning Map.
SECTION 7. Severability. If any sentence, section, provision, or clause of this
Ordinance or its application to any person, entity or circumstance is for any reason held invalid
or unconstitutional, the remainder of the Ordinance, or the application of the provision to
other persons, entities, or circumstances is not affected.
SECTION 8. 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 9. Publication and Effective Date. This Ordinance shall be in full force and
effect five (5) days after posting and publication as required by law. A summary of this
Ordinance may be published in lieu of the entire Ordinance, as authorized by state law.
DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC
Ordinance No. 012-23
Page 4 of 6
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9t" day of May 2023.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSignnedd by: ', 1^
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Charlotte A. Archer, City Attorney
PUBLISHED: May 12, 2023
EFFECTIVE DATE: May 17, 2023
ATTACHMENTS:
DocuSigned by:
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Robert Putaansuu, Mayor
Sponsored by:
Scott Diener, Councilmember
Exhibit 1: 2022 Amendments to the Comprehensive Plan including
1. Land Use Designation Map of the Comprehensive Plan
2. The City of Port Orchard Zoning Map
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