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007-17 - Ordinance - Amending Ordinance 007-16 to Extend Interim Subdivision Regulations for Additional Six-MonthsORDINANCE NO.007-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING; AMENDING ORDINANCE NO 007-16 TO EXTEND INTERIM SUBDIVISION REGULATIONS FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR A PUBLIC HEARING ON THE EXTENSION; DECLARING AN EMERGENCY FOR IMMEDIATE EFFECT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, City of Port Orchard (the "City") staff previously noted the need to update the City's subdivision code, previously codified under Chapter 16.72 of the Port Orchard Municipal Code (POMC); and WHEREAS, on September 8, 2015, the Port Orchard City Council (the "City Council") passed interim Ordinance No. 015-15, which repealed Chapter 16.27 of the POMC and established an interim subdivision code, codified under a newly established Title 26 of the POMC, for a period of six (6) months; and WHEREAS, in administering the interim subdivision code, City staff identified necessary amendments to the interim regulations to help clarify and assist City staff in interpreting and administering the interim subdivision regulations; and WHEREAS, on February 23, 2016, the City Council passed a subsequent interim Ordinance No. 007-16, which established a revised interim subdivision code to be in effect for twelve (12) months and provided for a work plan for adoption of a permanent subdivision code; and WHEREAS, since February 2016, staff has worked with the Mayor's ad hoc Land Use Committee, the City's Planning Commission, and the City Council to review and revise the proposed permanent subdivision code; and WHEREAS, also since February 2016, staff has worked on organizing, recodifying, and drafting a proposed new Unified Development Code as Title 20 POMC, which will include all existing and new City regulations relating to land use, development, building, and construction, including the permanent subdivision code; and WHEREAS, staff first presented certain portions of the newly proposed permanent subdivision code and Title 20 POMC to the City Council and Planning Commission at their joint meeting on January 17, 2017; and WHEREAS, given the number and scope of regulations included for review in the proposed new Title 20 POMC (including minor and major amendments to existing POMC chapters and sections and new POMC chapters and sections), the City Council deems it in the public Ordinance No. 007-17 Page 2 of 4 interest to extend the current interim subdivision regulations for an additional six (6) months to allow adequate time for the public, the City's Planning Commission, and the City Council to review and comment on the permanent subdivision regulations as part of the overall proposed new Title 20 POMC; and WHEREAS, City staff intends to publish the proposed new Title 20 POMC, including the proposed permanent subdivision regulations, on February 17, 2017, for a sixty (60)-day written public comment period; and WHEREAS, additional opportunities for public comment and/or public testimony before the City's Planning Commission and City Council on the proposed new Title 20 POMC, including the permanent subdivision code, are planned in March, April, May, and June 2017; and WHEREAS, City staff intends to present the final permanent subdivision regulations for adoption as part of the proposed new Title 20 POMC by June 30, 2017; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the city to adopt interim land use regulations and official controls for a period of six (6) months provided that a public hearing on the same is held within sixty (60) days of passage; and WHEREAS, pursuant to WAC 197-11-800(19), the adoption of this ordinance is exempt from environmental review under the State Environmental Policy Act; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. The City Council further enters the following findings: A. The interim POMC regulations set forth herein are in the best interest of City of Port Orchard residents. B. The interim official control regulations set forth herein satisfy all relevant criteria for approval and adoption, including RCW 35A.63.220 and RCW 36.70A.390. The City Council reserves the right to amend these findings upon holding a public hearing pursuant to Section 5 herein. SECTION 2. Extension of Interim Subdivision Regulations. The interim subdivision regulations established by Ordinance No. 007-16, and codified as Title 26 POMC, shall not lapse and shall be extended for an additional six (6) months from the date of passage of this ordinance unless earlier terminated by the City Council. Ordinance No. 007-17 Page 3 of 4 SECTION 3. Effect of Extension of Interim Ordinance. The extension of Ordinance No. 007- 16 allows the City, during the next six (6) months, to accept, process, and enforce subdivision applications under the current interim subdivision regulations adopted under Ordinance No. 007- 16. SECTION 4. Conflicts. Where provisions of other chapters of the POMC conflict with this interim ordinance, this interim ordinance shall prevail. SECTTION S. Public Hearing on Interim Ordinance. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this interim ordinance within sixty (60) days of its passage. Following the public hearing, the City Council may amend the findings of fact included in Section 1 herein on the subject of this interim ordinance and either justify its continued imposition or repeal this ordinance. SECTION 6. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this interim ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the City Council, and that the same is not subject to referendum. If this interim ordinance is not adopted immediately, City staff will only be able to process subdivision applications and enforce the interim subdivision code under interim Ordinance No. 007-16 until February 23, 2017, after which said interim ordinance will automatically terminate and City staff will then be required to process and enforce subdivision applications under the previous Chapter 16.72 of the POMC until the ordinary effective date of this ordinance five days after publication, which would cause undue confusion for the public and City staff. SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 9. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 141h day of February, 2017. Ordinance No. 007-17 ATT T: Brandy Rinearson, CIVIC, City Clerk APPROVED AS TO FORM: . r— — : �_;, �-� - rc n Cates, City Attorney PUBLISHED: February 24, 2017 EFFECTIVE DATE: March 1, 2017 Page 4 of 4 11111111,o ��;,, Robert Putaansuu, Mayor�`cv; �- o��^ op o u • 4y Bek Ashby, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held February 14, 2017. ORDINANCE NO. 007-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING; AMENDING ORDINANCE NO 007-16 TO EXTEND INTERIM SUBDIVISION REGULATIONS FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR A PUBLIC HEARING ON THE EXTENSION; DECLARING AN EMERGENCY FOR IMMEDIATE EFFECT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND 1•1:111aII►[C1e1►1499X4111Tj:1101111111:1111 Copies of Ordinance No. 007-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 007-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, February 24, 2017