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033-17 - Ordinance - Unified Land Use and Development CodeORDINANCE NO. 033-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S UNIFIED LAND USE AND DEVELOPMENT CODE (TITLE 20); REPEALING SUBSECTIONS 20.38.706 AND 20.38.707 (VIEW PROTECTION OVERLAY DISTRICT - TREES AND FOLIAGE) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, on June 13,2017, the City Council passed Ordinance No. 019-17 approving the City's Unified Land Use and Development Code (Title 20); and WHEREAS, the City wishes to repeal the requirements for tree and foliage planting and maintenance from the view protection overlay district regulations established in POMC 20.38; and WHEREAS, on September 18, 2017, the City provided required notice to the Department of Commerce regarding its intention to adopt revised development regulations; and WHEREAS, on September 22, 2017, the City's SEPA official issued a determination of non­ significance for the proposed changes and there have been no comments or appeals; and WHEREAS, on October 3, 2017, the City's Planning Commission held a duly-noticed public hearing on the proposed changes and no public testimony was received, and the Planning Commission provided its recommendations to the City Council; now therefore,; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. SECTION 2. Repeal. POMC subsections 20.38.706 and 20.38.707, View Protection Overlay District-Trees and foliage, are hereby repealed. SECTION 3. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Ordinance No. 033-17 Page 2 of 2 SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. 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 10th day of October, 2017. |I SEAL ) I %<|0V Robert Putaansuu, Mayor ATTEST:SPONSOR: Brandy Rinearson, CMC, City Clerk Scott Diener, Councilmember APPROVED AS TO FORM: PUBLISHED: EFFECTIVE DATE: October 20, 2017 October 25, 2017 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 October 10, 2017. ORDINANCE NO. 033-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY’S UNIFIED LAND USE AND DEVELOPMENT CODE (TITLE 20); REPEALING SUBSECTIONS 20.38.706 AND 20.38.707 (VIEW PROTECTION OVERLAY DISTRICT – TREES AND FOLIAGE) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 033-17 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. 033-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, October 20