019-12 - Ordinance - 2012 Amendments to Comprehensive PlanIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: December 11, 2012
Public Hearing: December 11, 2012
Adopted: December 11, 2012
ORDINANCE NO. 019-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2012 AMENDMENTS TO THE
PORT ORCHARD COMPREHENSIVE PLAN PURSUANT TO THE
STATE OF WASHINGTON'S GROWTH MANAGEMENT ACf
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, the City of Port Orchard has actively sought citizen input utilizing
several public informational media, including stakeholder and subcommittee group
meetings, flyers, press releases and newspaper articles, in addition to the regularly noticed
public meetings and public hearings; and
Ordinance No. 019-12
Page 2 of3
WHEREAS, Port Orchard issued an Environmental Checklist, signed on October
19, 2012, pertaining to the 2012 amendments to the Port Orchard Comprehensive Plan;
and
WHEREAS, On October 19, 2012, a Determination of NonSignificance was issued
for the adoption of the 2012 amendments to the Port Orchard Comprehensive Plan. The
appeal period closed at 4:30 PM on November 2, 2012, and no appeals were filed; and
WHEREAS, On October 19, 2012, Port Orchard issued for public review, the
proposed 2012 amendments to the Port Orchard Comprehensive Plan. The document was
posted on the City of Port Orchard web page and made available to the public and
agencies; and
WHEREAS, On October 19, 2012, notice of all 2012 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 # 18615, in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice, the Port Orchard Planning Commission
conducted two public meetings; on Monday, September 17, 2012, and on October 15, 2012
in accordance with RCW 35.63.100, considered public testimony, and after discussion and
deliberation recommended approval of the proposed 2012 Comprehensive Plan
amendments via Planning Commission Resolution No. oo8-12; and
WHEREAS, after proper notice, the Port Orchard City Council conducted a public
hearing on Tuesday, December 11, 2012 and considered public testimony regarding the
proposed 2012 amendments to the Port Orchard Comprehensive Plan; and
WHEREAS, the City Council finds the proposed 2012 amendments as set forth in
this ordinance are consistent with the Port Orchard Comprehensive Plan the Countywide
planning policies, and the goals and policies of the Growth Management Act; and
WHEREAS, the City Council finds the cumulative effect of the proposed 2012
amendments is not significant and the 2012 amendments will not adversely affect public
health, safety, or welfare in any significant way; now, therefore,
THE CTIY COUNCIL OF THE CTIY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECfiON 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 recitals set forth above;
2. The findings, conclusions, and analysis set forth m Planning Commission
Resolution No. oo8-12; and
Ordinance No. 019-12
Page 3 of3
SECfiON 2 . The City Council hereby amends the text and map of the Port
Orchard Comprehensive Plan by approving and adopting the following:
1. The revisions to the Comprehensive Plan text and Land Use and Zoning Maps as
set forth in Planning Commission Resolution No. 008-12, attached as Exhibit B.
SECfiON 3· The 2012 Comprehensive Plan text and map amendments, zoning
designations, and appendices shall be effective January 1, 2 013.
SECfiON 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.
SECfiON 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.
PASS ED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and att~sted by the Clerk in authentication of such passage this nth day of
December 2012.
~~~~.v Timothy C. tthes, Mayor
ATTEST :
~
Brandy Rinearson, CMC , City Clerk
APPROVED AS TO FORM : Sponsored by:
Rob Putaansuu, Councilmember .
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 008-12
A RESOLUTION OF THE CITY OF PORT ORCHARD
PLANNING COMMISSION RECOMMENDING
APPROVAL OF THE 2012 AMENDMENTS TO THE CITY
OF PORT ORCHARD COMPREHENSIVE PLAN.
Ordinance No. 019-12
Exhibit B
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, 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, 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, after proper notice, The Port Orchard Planning Commission conducted a public
hearing on Monday, October 15th, 2012 and considered public testimony to review, discuss, and
deliberate on the proposed draft Comprehensive Plan amendments.
THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON,
MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PORT ORCHARD
COMPREHENSIVE PLAN.
1. These amendments 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.
2. These amendments were developed from and are consistent with the Kitsap Countywide
Planning Policies (CPPs).
Planning Commission Resolution 008-12 Page 1 of 3
Ordinance No. 019-12
Exhibit B
3. The Planning Commission bases its finding and conclusions on all the testimony, oral or
written, and exhibits submitted to the Commission. Any finding that should be deemed a
conclusion, and any conclusion that should be deemed a finding, is hereby recommended
as such.
4. The Planning Commission has considered the following criteria consistent with the Port
Orchard Municipal Code and makes the following findings;
a. Circumstances in Port Orchard have substantially changed since the adoption of
the 2008 Comprehensive Plan and as amended;
b. New information is available that was not considered in the adoption of the 2008
Comprehensive Plan and as amended;
c. The proposed amendments are consistent with or support other plan elements
and/or development regulations.
d. The proposed amendments reflect the goals, objectives, and policies of the
Comprehensive Plan;
e. The proposed amendments are consistent with the Countrywide Planning Policies;
and
f. The proposed amendments are compliant with the requirements of the Growth
Management Act.
BASED UPON THE FOREGOING FINDINGS THE PLANNING COMMISSION MAKES THE
FOLLOWING RECOMMENDATIONS TO THE CITY COUNCIL;
1. APPROVE the 2012 applications for Comprehensive Plan Amendments as follows:
• McCormick Woods Rezone Request: Rezone of 41.31 acres from Mixed Use to
Residential: 8 units/acre and Comprehensive Plan Amendment from Commercial
to Residential: Medium
• Amendments to the City of Port Orchard zoning and comprehensive plan maps to
reflect annexations approved in 2012 and revisions to the Urban Growth Area
2. The Port Orchard Planning Commission approved a motion to recommend approval to the
City Council of these amendments on October 15, 2012.
CONCLUSIONS
Conclusions: The Planning Commission finds that the proposed changes to the
Comprehensive Plan, including revisions approved at the October 15, 2012 Planning
Commission meeting, are consistent with the objectives of the City's Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port
Orchard hereby recommends that the City Council approve and certify the 2012
Planning Commission Resolution 008-12 Page 2 of 3
Ordin ance No. 01 9-12
Ex hibit B
Comprehensive Plan Amendments for the City of Port Orchard, as expressed in the
Recommendations listed above.
PASSED by the Planning Commission of the City of Port Orchard this 15th day of October, 2012.
ATIEST:
.kt1nes R. Vv'ea'leF, etty-eevetopmertt Director
Thcmt.a -' 4 on ScI /
Planning Commission Resolution 008-12 Page 3 of 3
City of Port Orchard
Zoning Map
Zoning
-Commercial
~ Business Profess ional
.. Community Facilities
-Employment -lndustriaVOtfice
~Mixed Use
.. Residential: 20 units/acre
.. Residential: 12 units/acre
.. Residential: 8 units/acre
CJ Residential: 4.5 units/acre
~ Residential: 8 units/Existing Mobile Home Park
.. Greenbelt
L City of Port Orchard UGA
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City of Port Orchard Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 876-4991 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing ma p sources,
not from field surveys. Vvhile great care was taken
in using the most current map sources available ,
no warranties of any sort , in cluding accuracy, fitness ,
or me rchantability accom pany this product. The user
of th is map assumes responsibility for determining its
su itability fo r its intended use.
Th is map is not a substitute fo r fi eld su rvey.
Updated October 2012
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City of Port Orchard
C o mprehensive Plan Map
Comprehensive Plan Designation
-Commercia l
-Industrial
-Public and Community Spaces
-Residential: High Density
D Residential: Medium Density
D Residential: Low Density
-Greenbelt
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This map was created from existing map sol@:i.
not from field surveys. VVhile great care was ~
in using the most cu rrent map sources avail~!~
no warranties of any sort, including accuracy, frtness.
or merchantability accompany this product. The user
of this map assumes responsibility for detennining its
suitability for its intended use.
T his map is not a substitute for field survey.
Updated October 2012
CITY OF PORT ORCHARD
Planning Department
216 Prospect Street
Port Orchard, WA 98366
Phone (360) 874 -5533 ·Fax (360) 876-4980
Ordinance No. 01 9-12
Ex hibit B
RECE IVED
JUN 12 2012
CITY OF PORi ORC HA RD
PLANNIN G DEPARTMENT .
Date Received: <.. /t~ /~o I ":L
I By: _ti_ Receipt#: 5 ~ g3lf39 File#: CA<3lz-/?-
APPLICATION FOR: D Comprehensive Plan Designation . 0 Amendment
FEES: 0 Text: $500 .JMap: $500 'iJ.sEPA: $250
A Pre-Application meeting Is required prior to submitting this application. See Land Use Form 011.
INCOMPLETE APPLICATION WILL NOT BE PROCESSED.
This application must include the following, unless specif ically waived by the Planning Department:
a._ ONE original notarized Application, plus two copies (3 total)
lii=l' ONE original Contact Information sheet. (attached)
~ ONE original authorization letter, signed by the owner, which states the name and contact
information for an authorized agent, if there is one.
l5:l Site plan :
11 3 sets: 11" x 17"
m_ 1 set: 8 %" x 11"
0 ONE Property Owners List (see attached instructions) which includes :
0 Names and addresses of property owners with in 300' but not less than two parcels deep
0 Map showing the parcels within 300 ' but not less than two parcels deep
0 Signed statement verifying Property Owners List (form attached)
0 Mailing labe ls for the list of property owners (3 sets) (See attached instructions) 'fi. Complete legal description of the property, including tax parcel number(s) (3 copies)
1i{ A Project Narrative with a detailed explanation why the proposed designation or amendment is
necessary and/or desirable for the community, and how the proposed use fits in with the uses
permitted in the surrounding zone . (3 copies)
'tit SEPA Environmental Checklist ($250). (7 total: one w!th original signature plus 2 copies)
h CD-ROM which conta i ns all submitted documents, in either Adobe PDF or Microsoft Word
format.
Other documentation may be required other than what is listed above .
Print clearly (use Ink) or type: {_·)_·{\ 0 1 -t ..1"' /. 1 1. _ 1 1\ 1 ..
General locat ion of prpperty and/or address : rf1t-V\ 1'-"IAUl W\ U·11 1Vl.IC((_ \1\M[,(j UllliL-
Location : Section(s)_£.1-'-+-.,__ ____ Township ~ 3V'\ Range :.i E.
Assessor 's Parcel Number( s): -----:-_..),(..c.)9-=d-.....::~~I'-...,~\~--=C()=i3,_""_4w~_.Y+-. ----"'~::..-=3:....t..{_-_tXv-'-·---'-"\ ~'-'-1---=-ow---"'·~....:....
Proposed Zoning Classification : _ ___.,9t=>ol2L......:-----,r-------'---~------
Present Zoning Classification : ____ .... \fV\......:.u\:t=eJ...._~U,.~=--------------
Proposed Comprehens ive Plan Designation: __ _J\k~=:.S~I~""""':...l.l<:' ..><...!.\ ___________ _
Present Comprehensive Plan Designation : ---;=---'~'-'-':-'o..L..:..{,'-"1.-=;""-"-\+-----:-----------
Proposed use of the property: .St<hsle.... ~\'i !AAs;JoW\I..j,
What measures will be tafwn by the develo~rer to miti ate any 1expect~d.negative IJYipact o the proposed
property use? \.le1J"-I er wtll 4>~ \ '"" LA C{.iq t j
f-t~~'clel...-tt!,\ ~lql~ l...:: vlkr ~~ ~\tti1Jt. V\.IJh{ji)L.
Page 1 of6
Planning Form ()()2/Comprehensive Plan Amendment Applicat ion (4/11)
STATE OF WASHINGTON
COUNTY OF KITSAP
ss
Ordinance No. 01 9-12
Exhibit B
Signatu of Owner (Must be notarized)
wl~
Print Name of Owner
I certify that I know or have satisfactory evidence that ---'"-"<.~=--..L-~--:-5o:::::-'-:-"'-:--:-----:-~'-
is the person who appeared before me, and said person acknowledged that she) signed this
instrument and acknowledged it to be@/her) free and voluntary act for the uses and purposes
mentioned in the instrument.
WITNESS MY HAND AND OFFICIAL SEAL this I~ day of Jvru. , 20 l l..
MELAN IE K DAN ISON
NOT ARY PUBLIC
STATE OF WAS HINGTON
COMM ISS ION EXPI RES
NOVEM BER 6. 201 3
~. K txutxik--.
NOTARY PUBLIC in and for the
State of Washington, residing at
J?oyt () vffitu_pG
My appointment expires :
/(r [p ,-J3
Page 2of6
Planning Form 002/Comprehensive Plan Amendment Application {4/11)
Ordinance No. 019-12
Exhibit 8
Proposed McCormick Woods Change of Comprehensive Plan Designation
and Zoning
June 12, 2012
The property totals approximately 41 acres in size. The request is to
change the comprehensive plan designation from commercial to residential and
the zoning from mixed use to RB. The property is near the Clifton Road entrance
to McCormick Woods. The property is adjacent to the McCormick Woods Golf
Course and existing residential development.
The portion of the property along the 1st and 101h golf course fairways have
been approved for residential development in the Phase I and Phase Ill
Preliminary Plats of McCormick Woods. When the property was annexed into
the City of Port Orchard, the brought was given a zoning of Mixed Use because
at that time they were being considered for a hotel and conference center. That
project is no longer feasible, and we request the zoning be changed to the
underlying approved residential use. Residential zoning would be consistent with
uses in the surrounding area.
The portion of the property adjacent to the Golf Course Maintenance Area
was approved for a small scale commercial area in an amendment to the
McCormick Woods Phase Ill Preliminary Plat. One of the conditions of the
approval is that access is limited to St. Andrews Drive, and that the use be
screened from McCormick Woods Drive and Clifton Road. The request to
change the comprehensive plan designation and zoning to RB is based on the
fact that the location is not economically feasible for a commercial location,
especially with the access and screening requirements. The future residential
development would be screened from McCormick Woods Drive and Clifton Road,
with access limited to St. Andrews Drive. Residential zoning would be consistent
with uses in the surrounding area.
A change to residential zoning will benefit the community by allowing
development consistent with existing uses to near the entrance to the McCormick
Woods community and adjacent to the McCormick Woods Golf Course. In
particular, the property north of St. Andrews Drive is not suitable for its current
mixed use zoning. A failed commercial area would be a determent, not a benefit,
to the community. Conversely, a residential neighborhood screened from
McCormick Woods Drive and Clifton Road would fit well within the community.
City of Port Orchard
Comprehensiv e Plan Map
(CURRENT)
-Commercial
-Industrial
-Public and Commu nity Spaces
-Residential : High De nsity
D Residential : Medium Density
D Residential : Low De nsity
-Greenbelt
g;(: ?N Port Orchard UGA
D City Boundary
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2 t6ProoPKtSir•.t,PortO!cllord,WA 913156
Phono:(UCI)$74-5533 F..-:(360)&76-0980
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City of Port Orchard
Zoning Map
(CURRENT)
City of Port Orchard UGA
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City of Port Orchard
Comprehensive Plan Map
(PROPOSED)
-Commercial
-Industrial
-Public and Commun ity Spaces
-Residential: High Densi ty
D Residential: Medium Density
0 Residential: Low Densi ty
-Greenbelt
~)';;][~ Port Orchard UGA
D City Boundary
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0 120 240 480 720 960
City of Port Orchard
Zoning Map
(PROPOSED)
City of Port Orchard UGA
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NOllCE 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 December 11, 2012.
ORDINANCE NO. 019-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE
2012 AMENDMENTS TO THE PORT ORCHARD COMPREHENSIVE PLAN PURSUANT TO
THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT
Copies of Ordinance No. 019-12 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. 019-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
December 21, 2012