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036-16 - Ordinance - Amending Chapter 16.20 Land Use Regulatory CodeORDINANCE NO. 036-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) CHAPTER 16.20 TO DELETE SECTION 16.20.208, A SECTION ESTABLISHING A 600 SQUARE FOOT MINIMUM RESIDENTIAL UNIT SIZE WITHIN THE DOWNTOWN OVERLAY DISTRICT WHEREAS, the City of Port Orchard (the "City") has adopted local land use regulations as currently codified in POMC Title 16, Land Use Regulatory Code; and WHEREAS, the City wishes to allow additional flexibility for residential development within the Downtown Overlay District by deleting the 600 square foot minimum residential unit size in POMC 16.20.208; and WHEREAS, on August 8, 2016, the City provided required notice to the Department of Commerce regarding its intention to adopt revised development regulations; and WHEREAS, on August 12, 2016, 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 September 14, 2016, the City's Planning Commission held a duly-noticed public hearing on the proposed changes and public testimony was received, and the Planning Commission provided recommendations to the City Council; now, therefore, 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. POMC subsection 16.20.208 is deleted; subsequent subsections shall be renumbered. SECTION 3. 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. Ordinance No.036-16 Page 2 of 2 SECTION 4. This ordinance shall be in full force and effect 5 days after publication of this ordinance, as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 25th day of October 2016. Robert Putaansuu, Mayor ,,jn W%'<, ~Oo -5 • s APPROVED AS TO FORM: n "7 aron Cates, City Attorney Sponsored by: ek Ashby, Councilmembe Brandy Rlnearson, CMC, City Clerk ATTEST: PUBLISHED: November 4th, 2016 EFFECTIVE: November 9th, 2016 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 25th, 2016. ORDINANCE NO. 036-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) CHAPTER 16.20 TO DELETE SECTION 16.20.208, A SECTION ESTABLISHING A 600 SQUARE FOOT MINIMUM RESIDENTIAL UNIT SIZE WITHIN THE DOWNTOWN OVERLAY DISTRICT Copies of Ordinance No. 036-16 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. 036-16 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, November 4th, 2016