028-13 - Ordinance - Approving and Denying 2013 Amendments to Comp PlanIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: November 26, 2013
Public Hearing: November 26, 2013
Discussion: December 10, 2013
Adopted: January 14, 2014
ORDINANCE NO. 028-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING AND DENYING THE 2013
AMENDMENTS TO THE PORT ORCHARD COMPREHENSIVE
PLAN PURSUANT TO THE STATE OF WASHINGTON'S
GROWfH MANAGEMENT ACT
WHEREAS, with the passage of the Washington State Growth Management Act
in 1990 (GMA), Chapter 36.70A RCW, developing communities are required to adopt a
comprehensive plan that outlines strategies to accommodate the needs of a growing
population. It is intended for this comprehensive plan to be updated to reflect the changes
in growth and boundaries of that growth including changes to zoning; and
WHEREAS, in December 2008, the City Council adopted, via Ordinance 042-08,
a major update to the Comprehensive Plan for the City of Port Orchard and its urban
growth area pursuant to the requirements set forth in the GMA; and
,~ WHEREAS, state law requires that each city planning under the GMA must
periodically review, and, if needed, revise its comprehensive plan and development
regulations to ensure compliance with the GMA; and
WHEREAS, the City of Port Orchard seeks to be in compliance with the goals,
policies, and procedures of the Growth Management Act; and
WHEREAS, pursuant to the GMA, non-emergency amendments to a
comprehensive plan can be considered no more than once each year; and
WHEREAS, both site-specific and city-wide amendments have been submitted to
the City for its consideration; and
WHEREAS, in accordance with POMC 16.05.060, the City Council on July 9,
2013 adopted the 2013 Comprehensive Plan Amendment agenda (attached hereto as
Exhibit A) consisting of 6 proposed amendments; and
WHEREAS, the City of Port Orchard has actively sought citizen input at regularly
noticed public meetings and public hearings; and
Ordinance No. 028-13
Page2of 9
WHEREAS, Port Orchard issued an Environmental Checklist, signed on October
n, 2013, pertaining to the 2013 amendments to the Port Orchard Comprehensive Plan;
and
WHEREAS, on October 11, 2013, a Determination of Non-Significance was issued
for the adoption of the 2013 amendments to the Port Orchard Comprehensive Plan; and
WHEREAS, on November 8, 2013, an Amended Determination of Non-
Significance was issued for the adoption of the 2013 amendments to the Port Orchard
Comprehensive Plan with the exception of the proposed amendments to the Greenbelt
zoning between Sinclair Inlet and Lund Avenue, and the appeal period closed on
December 6, 2013; and
WHEREAS, on November 8, 2013, a Determination of Significance was issued for
the adoption of one of the 2013 amendment to the Port Orchard Comprehensive Plan, the
proposed Greenbelt zoning amendment between Sinclair Inlet and Lund Avenue and the
comment period for this scoping notice expires on November 22, 2013; and
WHEREAS, on October 22, 2013 notice of all 2013 amendments to the
Comprehensive Plan was sent to the Washington State Department of Commerce at least
sixty days before the amendments were adopted, and granted Washington State
Department of Commerce Material ID # 19696, in accordance with RCW 36. 70A.106; and
WHEREAS, after proper notice, the Port Orchard Planning Commission
conducted two public hearings; on Monday, September 16, 2013, and on October 21, 2013
· in accordance with RCW 35.63.100, considered public testimony, and after discussion and
deliberation recommended approval of four and denial of two of the proposed 2013
Comprehensive Plan amendments via Planning Commission Resolution 003-13 (a copy of
which is attached hereto as Exhibit B); and
WHEREAS, after proper notice, the Port Orchard City Council conducted a public
hearing on Tuesday, November 26, 2013 and considered public testimony regarding the
proposed 2013 amendments to the Port Orchard Comprehensive Plan; and
WHEREAS, prior to final action by the City Council, the Greenbelt Amendment
(Comprehensive Plan Agenda item 3) was withdrawn by the applicant and the applicant
requesting the GEM1 Amendment (Comprehensive Plan Agenda item 2) withdrew
parcel 042301-3-007-2001 from its request; and
WHEREAS, the City Council finds that four of the proposed 2013 amendments as
set forth in this ordinance are consistent with the Port Orchard Comprehensive Plan, the
Countywide planning policies, the goals and policies of the Growth Management Act, and
as applicable, the rezone criteria found in POMC 16.25.060 as identified by 2013
Comprehensive Plan Agenda items 1, 2, 4, and 6; and
Ordinance No. 028-13
Page 3of9
WHEREAS, the City Council finds that one of the proposed 2013 amendments as
set forth in this ordinance is not consistent with the Port Orchard Comprehensive Plan the
Countywide planning policies, and the goals and policies of the Growth Management Act
as identified by 2013 Comprehensive Plan Agenda item 5; and
WHEREAS, the City Council finds the cumulative effects of the four proposed
2013 amendments are not significant and the 2013 amendments will not adversely affect
public health, safety, or welfare in any significant way; and
WHEREAS, in accordance with RCW 36.70A.130 and WAC 365-196-640, all of
the actions associated with the consideration of the proposed amendments by the City
Council, including all public hearings, have occurred in the 2013 calendar year and the
only action being taken in 2014 is the final legislative action to adopt this ordinance; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. In support of the actions taken in this ordinance, the City
Council hereby adopts as its own the following findings and conclusions:
1. The Whereas provisions set forth above; and
2. The findings set forth in Planning Commission Resolution No. 003-13, Exhibit B.
SECTION 2. The City Council hereby amends the text and map of the Port
Orchard Comprehensive Plan by approving and adopting the following amendments as
referenced in Exhibit A attached:
1. A request for Comprehensive Plan Map Amendment and Rezone for
approximately 4.082 acres at 5616 Sidney Road SW from a zoning designation of
Commercial to Residential 4.5, and a Comprehensive Designation of Commercial
to Low Density Residential (Gaudette Amendment).
2. A request for Comprehensive Plan Map Amendment and Rezone for
approximately 59.56 acres located North of Clifton Road and East of Feigley
Road, parcels 052301-4-013-2000, 052301-4-014-2009, and 052301-4-015-2008
from a zoning designation of Employment -Industrial/Office and Greenbelt to
Residential 8 units/ acre and a comprehensive plan designation of Industrial and
Greenbelt to Residential: Medium Density (GEM1 Amendment).
4. A departmental request for Comprehensive Plan Text Amendment Updating the
City's Capital Facilities Plan.
6. Updates to Appendix G of the Comprehensive Plan by striking references to out-
of-date documents and adding references to document adopted in 2013.
Ordinance No. 028 -13
Page4of 9
SECTION 3. The City Council hereby denies the Comprehensive Plan
amendments as referenced in Exhibit A as follows:
5. The City of Port Orchard's request to rezone six specific areas city-wide that are
zoned for current use as commercial property but contain single-family
residential structures and use .
SECTION 4. 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 s. 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.
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 14th day of
January 2014.
\L~~~;;i ,
TiIIlQiliyC:atthes, Mayor
ATT~EST:
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Bralld)T'lleaI'SOIMC,CitY Clerk
APPROVED AS TO FORM: Sponsored by:
Ordinance No. 028-13
CITY OF PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 •Fax: (360) 876-4980
planning@cityofportorchard.us
www.cityofportorchard.us
2013 Comprehensive Plan Update Agenda
Exhibit A
Pursuant to Port Orchard Municipal Code Section (POMC) 16.05 the Development Director, by the authority issued in
Port Orchard Municipal Code, has initiated the process for the 2013 annual amendments to the Port Orchard
Comprehensive Plan. In compliance with POMC 16.05.060, the Development Director has compiled and will maintain
for public review this recommended comprehensive plan amendment agenda for site-specific amendments and for city-
wide amendments. All comprehensive plan amendment applications per POMC 16.05 were required to be completed
and submitted to the Planning Department by 4:30 p.m. on June 15th of any year in order to be considered during that
year's amendment process. The Development Director has based the agenda recommendations on a preliminary
evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendment as well as the
Planning Department staff and budget availability to accommodate the public review process. The following agenda is
provided for the 2013 update to the Port Orchard Comprehensive Plan.
Comprehensive Plan Amendments for Consideration in 2013
1. Request for Comprehensive Plan Map Amendment and Rezone for approximately 4.082 acres at 5616 Sidney
Road SW from a zoning designation of Commercial to Residential 4.5, and a Comprehensive Designation of
Commercial to Low Density Residential (Gaudette Amendment)
2. Request for Comprehensive Plan Map Amendment and Rezone for approximately 75.99 acres located North of
Clifton Road and East of Feigley Road, parcels 052301-4-013-2000, 052301-4-014-2009, 052301-4-015-2008, and
042301-3-007-2001 from a zoning designation of Employment -Industrial/Office and Greenbelt to Residential 8
units/acre and a comprehensive plan designation of Industrial and Greenbelt to Residential: Medium Density
(GEMl Amendment)
3. Request for Rezone from Greenbelt to Residential 4.5/8 and Comprehensive Plan Amendments from Greenbelt
to Residential Low/Medium Density for the Blackjack Creek buffer area from Bay Street south to Lund Avenue
(Gil Michael 2012 application)
4. Departmental request for Comprehensive Plan Text Amendment Updating the City's Capital Facilities Plan
5. Departmental request to Rezone numerous properties that are zoned for current use as Commercial property
but that contain single-family residential structures/uses
6. Updates to Appendix G of the Comprehensive Plan to update references to old versions of documents such as
the 2008 Parks Plan and 1994 Shoreline Master Program
All comprehensive plan amendments shall be prepared for public notice and comment for consideration by the Port
Orchard Planning Commission in September 2013. Upon recommendation from the Port Orchard Planning Commission,
all proposed comprehensive plan amendments shall be prepared for public notice and for public hearing consistent with
Port Orchard Municipal Code Section 16.05 and before the City Council, prior to December 15, 2013. Please forward any
comments or questions regarding the 2013 update to the Port Orchard Comprehensive Plan to the Port Orchard
Planning Department, 216 Prospect Street, Port Orchard, WA 98366 or planning@cityofportorchard.us.
Nicholas Bond
Port Orchard Development Director
Ordinance No. 028-13
Exhibit B
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 003-13
A RESOLUTION OF THE CITY OF PORT ORCHARD
PLANNING COMMISSION RECOMMENDING
APPROVAL OF FOUR OF THE 2013 AMENDMENTS TO
THE CITY OF PORT ORCHARD COMPREHENSIVE
PLAN, AND DENIAL OF TWO OF THE AMENDMENTS
WHEREAS, with the passage of the Washington State Growth Management Act in 1990,
developing communities are required to submit a comprehensive plan that outlines strategies to
accommodate the needs of a growing population. It is intended for this comprehensive plan to
be updated to reflect the changes in growth and boundaries of that growth including changes to
zoning; and
WHEREAS, the Growth Management Act (GMA), RCW 36.70A requires that each city
planning under GMA must periodically review, and, if needed, revise their comprehensive plans
and development regulations every seven years to ensure compliance with the Growth
Management Act; and
WHEREAS, the Growth Management Act (GMA), RCW 36.70A.130 requires that each
county and city shall establish and broadly disseminate to the public a public participation
program consistent with RCW 36. 70A.035 and 36. 70A.140 that identifies procedures and
schedules whereby updates, proposed amendments, or revisions of the comprehensive plan
are considered by the governing body of the county or city no more frequently than once every
year; and
WHEREAS, in December 2008, the City of Port Orchard adopted a Comprehensive Plan
update to the June 1995 Comprehensive Plan to satisfy the requirements set forth in the Growth
Management Act to implement the goals and objectives of the City's Comprehensive Plan; and
WHEREAS, the City of Port Orchard seeks to be in compliance with the goals, policies, and
procedures of the Growth Management Act; and
WHEREAS, POMC chapter 16.05 Comprehensive Plan Amendments established the
process by which annual amendments to the Port Orchard Comprehensive Plan are to be
considered; and
WHEREAS, in accordance with POMC 16.05.060, the City Council on July 9, 2013 adopted
Planning Commission Resolution 003-13 Page 1of4
Ordinance No. 028-13
Exhibit B
the 2013 Comprehensive Plan Amendment agenda (attached hereto) consisting of 6 proposed
amendments; and
WHEREAS, after proper notice, The Port Orchard Planning Commission conducted a public
hearing on Monday, September 16, 2013, continued to Monday, October 21, 2013, and
considered public testimony to review, discuss, and deliberate on the proposed draft
Comprehensive Plan amendments; and
WHEREAS, after receiving testimony only from proponents of the proposed amendment
and after deliberation, the Planning Commission found that agenda item 1, the Gaudette
Amendment, was consistent with the goals and objectives of the Port Orchard Comprehensive
Plan; and
WHEREAS, after receiving testimony only from proponents of the proposed amendment
and after deliberation, the Planning Commission found that agenda item 2, the GEM1
amendment, was consistent with the goals and policies of the Port Orchard Comprehensive Plan;
and
WHEREAS, after deliberation and consideration of testimony provided in a letter from
Alison O'Sullivan with the Suquamish Tribe, the Planning Commission found that agenda item 3,
the Greenbelt Amendment, had potential environmental impacts which needed to be studied
further before such an amendment could be recommended; and
WHEREAS, the SEPA threshold Determination of Non-Significance (DNS) for agenda item
3, the proposed greenbelt amendment was withdrawn on November 8, 2013 and replaced with a
Determination of Significance (DS); and
WHEREAS, a DS requires preparation of an Environmental Impact Statement (EIS), which
has not yet been prepared in conjunction with the DS issued for the proposed amendment; and
WHEREAS, in the absence of an EIS prepared to identify the potential adverse impacts of
agenda item 3, the Planning Commission found that the proposal would likely have negative
impacts; and
WHEREAS, after deliberation, the Planning Commission found that agenda item 4, the
Capital Facilities Plan Amendment, was consistent with the goals and objectives of the Port
Orchard Comprehensive Plan; and
WHEREAS, after receiving testimony from opponents to the proposed amendment and a
withdrawal of city staff support for the proposed amendment, and after deliberation, the
Planning Commission found that agenda item 5, the Annexation Area Rezone Amendment, did
not further the goals and objectives of the Port Orchard Comprehensive Plan; and
Planning Commission Resolution 003-13 Page 2of4
Ordinance No. 028-13
Exhibit B
WHEREAS, after deliberation, the Planning Commission found that agenda item 6, an
amendment updating the list of documents found in the appendix of the Comprehensive Plan,
was consistent with the goals and objectives of the Port Orchard Comprehensive Plan; and
WHEREAS, the Planning Commission finds that amendments 1 and 2 satisfy the criteria
for rezones set forth in POMC 16.25.060; and
WHEREAS, the Planning Commission finds that amendments 1, 2, 4, and 6 were
developed in consideration of the goals of the GMA for the development of local comprehensive
plans, as codified at RCW 36.70A.020, and reflect a careful balancing of these goals within the
local conditions of the City of Port Orchard; and
WHEREAS, the Planning Commission finds that the amendments recommended for
approval are consistent with the Kitsap Countywide Planning Policies (CPPs); NOW, THEREFORE,
THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The Planning Commission adopts the "Whereas" clauses as findings in support
of this Resolution.
SECTION 2. The Planning Commission recommends the City Council APPROVE the 2013
applications for Comprehensive Plan Amendments as follows:
1. Rezone Request: Rezone of 4.08 acres, owned by Jerry and Alice Gaudette, at 5616
Sidney Road SW from a zoning designation of Commercial to Residential 4.5, and
from a Comprehensive Plan designation of Commercial to Low Density Residential
(parcel number 102301-4-017-2009).
2. Rezone Request: Rezone of 59.56 acres, owned by GEMl LLC, from a zoning
designation of Employment -Industrial/Office and Greenbelt to Residential: 8
units/acre, and from a Comprehensive Plan designation of Industrial and Greenbelt
to Residential: Medium Density (parcel numbers 052301-4-013-2000, 052301-4-
014-2009, and 052301-4-015-2008).
4. Comprehensive Plan text amendment updating the City's Capital Facilities Plan.
6. Updates to Appendix G of the Comprehensive Plan to update references to old
versions of documents such as the 2008 Parks Plan and 1994 Shoreline Master
Program and inclusion of a Public Art Program.
SECTION 3. : The Planning Commission recommends the City Council DENY the following
2013 applications for Comprehensive Plan Amendments:
3. Rezone Request: Rezone from a zoning designation of Greenbelt to Residential
4.5/8 and from a Comprehensive Plan designation of Greenbelt to Residential
Low/Medium Density for the Blackjack Creek buffer area from Bay Street at Sinclair
Inlet south to Lund Avenue (Gil Michael 2012 application).
Planning Commission Resolution 003-13 Page 3 of 4
Ordinance No. 028-13
Exhibit B
5. Rezone Request: Departmental request to rezone numerous properties that are
zoned for current use as commercial property but contain single-family residential
structures and uses.
PASSED by the Planning Commission of the City of Port Orchard this 18th day of November, 2013.
Annette Stewart, Planning Commission Chair
ATIEST:
-~~
Nicholas Bond, Department of Community Development Director
Planning Commission Resolution 003-13 Page 4 of 4
Ordinance No. 028-13
CITY OF PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 •Fax: (360) 876-4980
planning@cityofportorchard.us
www.cityofportorchard.us
2013 Comprehensive Plan Update Agenda
Exhibit B
Pursuant to Port Orchard Municipal Code Section (POMC) 16.05 the Development Director, by the authority issued in
Port Orchard Municipal Code, has initiated the process for the 2013 annual amendments to the Port Orchard
Comprehensive Plan. In compliance with POMC 16.05.060, the Development Director has compiled and will maintain
for public review this recommended comprehensive plan amendment agenda for site-specific amendments and for city-
wide amendments. All comprehensive plan amendment applications per POMC 16.05 were required to be completed
and submitted to the Planning Department by 4:30 p.m. on June 15th of any year in order to be considered during that
year's amendment process. The Development Director has based the agenda recommendations on a preliminary
evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendment as well as the
Planning Department staff and budget availability to accommodate the public review process. The following agenda is
provided for the 2013 update to the Port Orchard Comprehensive Plan.
Comprehensive Plan Amendments for Consideration in 2013
1. Request for Comprehensive Plan Map Amendment and Rezone for approximately 4.082 acres at 5616 Sidney
Road SW from a zoning designation of Commercial to Residential 4.5, and a Comprehensive Designation of
Commercial to Low Density Residential (Gaudette Amendment)
2. Request for Comprehensive Plan Map Amendment and Rezone for approximately 75.99 acres located North of
Clifton Road and East of Feigley Road, parcels 052301-4-013-2000, 052301-4-014-2009, 052301-4-015-2008, and
042301-3-007-2001 from a zoning designation of Employment -Industrial/Office and Greenbelt to Residential 8
units/acre and a comprehensive plan designation of Industrial and Greenbelt to Residential: Medium Density
(GEM1 Amendment)
3. Request for Rezone from Greenbelt to Residential 4.5/8 and Comprehensive Plan Amendments from Greenbelt
to Residential Low/Medium Density for the Blackjack Creek buffer area from Bay Street south to Lund Avenue
(Gil Michael 2012 application)
4. Departmental request for Comprehensive Plan Text Amendment Updating the City's Capital Facilities Plan
5. Departmental request to Rezone numerous properties that are zoned for current use as Commercial property
but that contain single-family residential structures/uses
6. Updates to Appendix G of the Comprehensive Plan to update references to old versions of documents such as
the 2008 Parks Plan and 1994 Shoreline Master Program
All comprehensive plan amendments shall be prepared for public notice and comment for consideration by the Port
Orchard Planning Commission in September 2013. Upon recommendation from the Port Orchard Planning Commission,
all proposed comprehensive plan amendments shall be prepared for public notice and for public hearing consistent with
Port Orchard Municipal Code Section 16.05 and before the City Council, prior to December 15, 2013. Please forward any
comments or questions regarding the 2013 update to the Port Orchard Comprehensive Plan to the Port Orchard
Planning Department, 216 Prospect Street, Port Orchard, WA 98366 or planning@cityofportorchard.us.
Nicholas Bond
Port Orchard Development Director
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 January 14, 2014.
ORDINANCE NO. 028-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING AND DENYING THE 2013 AMENDMENTS TO THE PORT
ORCHARD COMPREHENSIVE PLAN PURSUANT TO THE STATE OF
WASHINGTON'S GROWTH MANAGEMENT ACT
Copies of Ordinance No. 028-13 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. 028-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
January 24, 2014