016-14 - Ordinance - Adopting Amendments to the Comp Plan and MapIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: November 25, 2014
Public Hearing: November 4, 2014
Adopted: November 25, 2014
ORDINANCE NO. 016-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO THE COMPREHENSIVE
PLAN UNDER THE GROWTH MANAGEMENT ACT; ADOPTING
AMENDMENTS TO THE COMPREHENSIVE PLAN MAP AND THE
CITY'S OFFICIAL ZONING MAP TO CHANGE PROPERTIES OWNED
BY THE KITSAP SCHOOL DISTRICT TO A REDESIGNATION OF
PUBLIC/COMMUNITY SPACES AND REZONE TO COMMUNITY
FACILITIES; TO AMEND THE COMPREHENSIVE PLAN MAP AND
THE CITY'S OFFICIAL ZONING MAP TO CHANGE PROPERTY
OWNED BY THE LIVING HOPE BAPTIST CHURCH TO A
REDESIGNATION OF COMMERCIAL AND REZONE TO BUSINESS
PROFESSIONAL; TO ADOPT A TEXT AMENDMENT TO CHAPTER 2
OF THE COMPREHENSIVE PLAN FOR DESIGNATING LOCAL
CENTERS; TO AMEND THE TRANSPORTATION ELEMENT OF THE
COMPREHENSIVE PLAN BY ADDING THE 2015 6-YEAR TIP AND TO
AMEND EXHIBIT G TO THE COMPREHENSIVE PLAN BY ADDING
THE 2011 TRANSPORTATION PLAN UPDATE, AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City of Port Orchard plans under the Growth Management Act (chapter
36.70A RCW), which requires that the City adopt a Comprehensive Plan (RCW 36.70A.040);
and
WHEREAS, the City may annually adopt amendments to the City's Comprehensive Plan
(RCW 36.70A.470 and 36.70A.106); and
WHEREAS, the City's deadline for submission of applications for amendments to the
Comprehensive Plan for the year 2014 was June 16, 2014; and
WHEREAS, the City received 7 applications for amendments to the Comprehensive Plan
and the City's Development Regulations before the deadline; and
Ordinance No. 016-14
Page 2 of8
WHEREAS, the SEP A Responsible Official performed SEP A on the applications and
issued a Determination ofNonsignificance (DNS) on November 7, 2014; and
WHEREAS, on September 15, 2014 and October 20, 2014, the Planning Commission
held public hearings on the applications and after hearing public testimony, deliberated and
issued their recommendations; and
WHEREAS, the Planning Commission's recommendations were delivered to the City
Council, and the City Council considered the recommendations during a public hearing held by
the City Council on November 4, 2014; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
ORDAINS AS FOLLOWS:
Section 1. The City Council considered the comprehensive plan amendments and the
Planning Commission's recommendations on each application as follows:
A. South Kitsap School District Applications.
1. Description. The amendments are described in the South Kitsap School
District's application as sites 1 and 2. SITE #1 consists of parcel 052301-3-037-2004. It
is proposed that Site #1 be granted a zoning change from Residential 8 units to
Community Facilities on the City's Official Zoning Map, and a change from the
Comprehensive Plan Designation from Residential Medium Density to Public and
Community Spaces on the City's Comprehensive Plan Land Use Map. SITE #2 consists
of parcel 4526-000-011-0103. It is proposed that Site #2 be granted a zoning change
from Residential 4.5 units per acre to Community Facilities on the City's Official Zoning
Map, and a change from the Comprehensive Plan Designation of Residential Low
Density to Public and Community Spaces on the City's Comprehensive Plan Land Use
Map.
2. Findings. The purpose of the Public and Community Spaces
Comprehensive Plan Designation is to provide for public spaces, public and private
school, churches, hospitals, parks, outdoor recreation use, government and cultural or
educational institutions. The Purpose of the Community Facilities Zone is to specifically
separate and control those public, semi-public, institutional, and private facilities and
services that prime and make feasible centers of urban use. (Port Orchard
Comprehensive Plan, Page 2-10) When Site #1 was annexed by Port Orchard, the City
unintentionally zoned the property Residential 8 rather than Community Facilities
consistent with other School District-owned property in the city. With regard to Site #2,
Ordinance No. 016-14
Page 3 of8
the site is a mostly grassy lot with a small gravel pull-off. Areas surrounding the site are
developed with single-family residences and a church to the south, commercial to the
west, a church and elementary school to the north, and a school bus barn to the east.
The City of Port Orchard's population has increased dramatically in the past seven years.
The annexations that have taken place have brought urban-level development into the
City of Port Orchard and increased the population of school-aged children. Approval of
this rezone will provide additional land for the future development of facilities that
provide essential education services for the community.
Properties in the City of Port Orchard that are currently zoned Community Facilities are
generally already developed with critical services that provide infrastructure and
community services to the population. Those sites that are not developed already are
owned by agencies such as the City of Port Orchard for future development/expansion of
critical City services. The rezoning of these two sites will provide land area that is
necessary to support the South Kitsap School District's ability to serve the City of Port
Orchard residents and surrounding community.
Future development of both of the subject sites as facilities that serve the purpose and goals
of the South Kitsap School District would be permitted. However, specific land use review
would occur at the time of development application and would vary depending on the
proposed development of the site.
3. Staff Recommendation: City staff has recommended approval of the
proposed South Kitsap School District Amendment.
4. Planning Commission Recommendation: On September 15th, 2014 the
Planning Commission conducted a public hearing on the proposed amendment and after
taking public testimony, deliberated and issued their recommendation of approval.
5. Council Conclusions:
The City Council concludes that the Community Facilities zone and the associated Public
and Community Spaces comprehensive plan designation are appropriate for Sites #1 and
#2.
In accordance with POMC 16.05.040 (2) (a) (i and ii) The City Council concludes that
the proposed amendment is consistent with the overall goals and intent of the
comprehensive plan and consistent with the Growth Management Act and other
applicable law.
In accordance with POMC 16.05.040 (2) (b) (i) the City Council concludes that the
proposed amendment will not adversely affect public health, safety, or welfare.
Ordinance No. 016-14
Page 4 of8
In accordance with POMC 16.05.040 (2) (b) (ii) the proposed amendment addresses
changing needs and circumstances in the city and is consistent with the South Kitsap
School District's Capital Facilities Plan.
In accordance with POMC 16.05.040 (2) (b) (iii) the City Council concludes that the
proposal is unlikely to have significant adverse environmental impacts and any
application for development of the property will undergo separate SEP A review
In accordance with POMC 16.05.040 (2) (c) (i) the City Council concludes that the
proposal is consistent with the land use and growth projections which were the bases of
the comprehensive plan and with the most recent population growth allocations as found
in the Countywide Planning Policies.
In accordance with POMC 16.05.040 (2) (c) (ii) the City Council concludes that the
proposed amendments are compatible with neighboring land uses and surrounding
neighborhoods.
In accordance with POMC 16.05.040 (2) (c) (iii) the City Council concludes that the
proposal will not cause significant impacts to public services or facilities or other
properties in the vicinity.
In accordance with POMC 16.05.040 (2) (c) (iv) the City Council concludes that the
proposed rezone meets the criteria found in POMC 16.25.060.
B. Living Hope Baptist Church Amendment
1. Description. The amendment as described in the Living Hope Baptist
Church's application consisted of Comprehensive Plan Map Land Use and Official
Zoning Map changes to parcel 4053-001-009-0007. It is proposed that this parcel be
granted a zoning change from Residential 8 units per acre to the Business Professional 1
zone on the City's Official Zoning Map, and a change of the Comprehensive Plan Map
Land Use Designation for the property from Residential Medium Density to Commercial
on the Comprehensive Plan Land Use Map.
2. Findings. The intent of the Business Professional zone is to provide a
commercial designation in areas where traffic management is required and to support
small neighborhood businesses as well as major employment centers such as the Harrison
Hospital and Kitsap County Administration Campus. This site is located across the street
from the Kitsap County Administration Campus.
The site contains a church facility, which is a permitted use in the Commercial,
Mixed Use, and Community Facilities zoning designations. A conditional use permit is
required for churches in the R4.5, R8, R12, R20, BP I, and BP II zones. The church does
not have a conditional use permit since it has been used as a church since at least 1991.
Changing the zoning to BP I would still place the church activities in a "non-conforming"
status, however additional uses consistent with the BP I zoning designation would be
Ordinance No. 016-14
Page 5 of8
allowed. Rezoning the property to BP I would not increase or decrease the non-
conformity of the current use. Changing the zoning to Commercial, Mixed use, or
Community Facilities would place the current use in a "conforming" status.
The rezoning and re-designation of this property to a Business Professional 1
classification would allow the repurposing of an existing church structure on the
property. The Church as it exists today does not conform to the existing underlying
residential zoning regulations including the city's parking standards. However, the
building as it is currently configured would likely conform to the zoning standards for
many uses allowed under a Business Professional 1 zoning designation.
Testimony received from a neighbor to the church property indicates that much of
the use of this facility occurs at night after 5 :OOpm and that volumes associated with the
use of the building can be high. This neighbor also indicated the presence of traffic and
parking impacts on the neighborhood related to the current church use. The applicant
indicates in his application that the church building could be repurposed as professional
space to support a local business while maintaining the character of the existing
neighborhood.
3. Staff Recommendation: City staff has recommended approval of the
proposed applications for the Living Hope Community Baptist Church property.
4. Planning Commission Recommendation: On September 15th, 2014 the
Planning Commission conducted a public hearing on the proposed amendment and after
taking public testimony, deliberated and issued their recommendation of denial.
5. Council Conclusions:
The City Council concludes that the existing church building located at this site and the
existing site configuration is functionally obsolete for use as a church facility. The
Council also concludes that most if not all of the uses which are allowed under a BP 1
zone would have lesser parking, traffic, and noise impacts in the evening and on
weekends in contrast with the impacts of the operation of the existing church.
In accordance with POMC 16.05.040 (2) (a) (i and ii) The City Council concludes that
the proposed amendment is consistent with the overall goals and intent of the
comprehensive plan and consistent with the Growth Management Act and other
applicable law. The location of this site is consistent with the intent of the business
professional zone due to its proximity to the Kitsap County Administrative Campus.
In accordance with POMC 16.05.040 (2) (b) (i) the City Council concludes that the
proposed amendment will not adversely affect public health, safety, or welfare in any
significant way and that the proposal improves neighborhood conditions by allowing for
lower impact uses of the existing structure.
Ordinance No. 016-14
Page 6 of8
In accordance with POMC 16.05.040 (2) (b) (iii) The City Council concludes that the
proposal is unlikely to have significant adverse environmental impacts and that the
probable impacts of a business professional use are likely to be less than that of a church
especially in the evening and on weekends.
In accordance with POMC 16.05.040 (2) (c) (i) The City Council concludes that the
proposal is consistent with the land use and growth projections which were the bases of
the comprehensive plan and with the most recent population growth allocations as found
in the Countywide Planning Policies.
In accordance with POMC 16.05.040 (2) (c) (ii) The City Council concludes that the
proposed amendments are compatible with neighboring land uses and surrounding
neighborhoods.
In accordance with POMC 16.05.040 (2) (c) (iii) The City Council concludes that the
proposal will not cause significant impacts to public services or facilities or other
properties in the vicinity. This conclusion is supported by the SEPA DNS issued on the
proposal.
In accordance with POMC 16.05.040 (2) (c) (iv) The City Council finds that the proposed
rezone meets the criteria found in POMC 16.25.060.
C. Centers of Local Importance Amendment.
1. Description. The Centers of Local Importance application is for a text
amendment to Chapter 2, the Land Use Element of the Port Orchard Comprehensive Plan
to identify boundaries for existing and newly proposed local centers. The application
includes several maps and text descriptions for existing and proposed centers oflocal
importance.
2. Findings. Element C of the Kitsap County Countywide Planning Policies
contains policies for Centers of Growth including local centers such as Town or City
Centers, Mixed Use Centers, Employment Centers, and Transportation Hubs. Appendix
F of the Kitsap County Countywide Planning Policies identifies local centers and has not
been updated since 2004. The City of Port Orchard's population has increased
dramatically since 2004 including through annexation. In some competitive grant review
processes in the state, projects receive additional points if they are located within a
locally identified center.
3. Staff Recommendation: City staff has recommended approval of the
proposed Centers of Local Importance Amendment.
4. Planning Commission Recommendation: On September 15th, 2014 the
Planning Commission conducted a public hearing on the proposed amendment and after
taking public testimony, deliberated and issued their recommendation of approval.
5. Council Conclusions -Text Amendments
Ordinance No. 016-14
Page 7of8
The City Council concludes that identifying local centers consistent with Element C of
the Countywide Planning Policies will help the city prioritize investment within the city
and better compete for regional grant funding for projects located in these local centers.
D. Transportation Plan Amendment.
1. Description. The Proposed Amendment would add the 2015 6-Year
Transportation Improvement Program and the 2011 Transportation Plan Update to
Appendix G of the Port Orchard Comprehensive Plan, "Plans Adopted by Reference."
2. Findings. In 2012, the City Council approved Ordinance 012-14
approving the 2011 Transportation Plan Update. This ordinance included a statement
indicating that the plan was to be brought forward for adoption into the City's
Comprehensive Plan by reference as part of the 2012 Comprehensive Plan amendment
cycle. This amendment was never brought forward for consideration until now. The City
Council approved Resolution 015-14 adopting the 2015 6-Year Transportation
Improvement Plan. This application was submitted for review after the June 16, 2014
deadline. The Planning Commission after a public hearing at its October 20, 2014
meeting recommended that the City Council add this amendment to the docket as an
exception in accordance with POMC 16.05.020 (4).
3. Staff Recommendation: City staff has recommended approval of the
proposed Transportation Plan Amendment.
4. Planning Commission Recommendation: On October 20th, 2014 the
Planning Commission conducted a public hearing on the proposed amendment and after
taking public testimony, deliberated and issued their recommendation of approval.
5. Council Conclusions -Text Amendments
The City Council concludes that it is appropriate to adopt the 2011 Transportation Plan
Update and the 2015 6-Year Transportation Improvement Program by reference into
Appendix G of the Comprehensive Plan.
Section 2. Amendments Approved. The 2014 applications to amend the Port Orchard
Comprehensive Plan listed as follows are hereby approved:
A. The South Kitsap School District Amendment.
B. The Living Hope Community Baptist Church Amendment.
C. The Centers of Local Importance Amendment.
D. The Transportation Plan Amendments .
Ord inance No . 016 -14
Page 8of 8
Section 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 4 . Severability . If any section, sentence , clause or phrase of this Ordinance
should be held to be unconstitutional 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 5. Effective Date . This Ordinance shall become effective five days after
publication as provided by law .
PASSED by the Council and approved by the Mayor of the City of Port Orchard, this 25th
day of November , 2 014.
' ~/~L'(~
Timothy c.' Matthes , Mayor
APPROVE D AS TO FORM:
Carol
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 November 25, 2014.
ORDINANCE NO. 016-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO THE COMPREHENSIVE
PLAN UNDER THE GROWTH MANAGEMENT ACT; ADOPTING
AMENDMENTS TO THE COMPREHENSIVE PLAN MAP AND THE
CITY'S OFFICIAL ZONING MAP TO CHANGE PROPERTIES OWNED
BY THE KITSAP SCHOOL DISTRICT TO A REDESIGNATION OF
PUBLIC/COMMUNITY SPACES AND REZONE TO COMMUNITY
FACILITIES; TO AMEND THE COMPREHENSIVE PLAN MAP AND
THE CITY'S OFFICIAL ZONING MAP TO CHANGE PROPERTY
OWNED BY THE LIVING HOPE BAPTIST CHURCH TO A
REDESIGNATION OF COMMERCIAL AND REZONE TO BUSINESS
PROFESSIONAL; TO ADOPT A TEXT AMENDMENT TO CHAPTER 2
OF THE COMPREHENSIVE PLAN FOR DESIGNATING LOCAL
CENTERS; TO AMEND THE TRANSPORTATION ELEMENT OF THE
COMPREHENSIVE PLAN BY ADDING THE 2015 6-YEAR TIP AND TO
AMEND EXHIBIT G TO THE COMPREHENSIVE PLAN BY ADDING
THE 2011 TRANSPORTATION PLAN UPDATE, AND SETTING AN
EFFECTIVE DATE.
Copies of Ordinance No. 016-14 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. 016-14 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
December 5, 2014