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009-09 - Ordinance - Amending Comprehensive Plan MapIntroduced by: City Attorney Requested by: City Attorney Drafted by: City Attorney Introduced: March 24, 2009 Adopted: March 24, 2009 ORDINANCE NO. ooq-oq AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY S COMPREHENSIVE PLAN MAP BY CHANGING THE COMPREHENSIVE PLAN DESIGNATION FORTHE PROPER'IYAT 215 POPLAR STREET FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL PURSUANT TO RCW 36.7oA.130(2)(b) Property Address: 215 Poplar Street, Port Orchard, Washington Tax Parcel Number: 352401-3-o86-2007 WHEREAS, in December 2008, the City Council adopted Ordinance No. 042-08 which contained extensive amendments to the City's Comprehensive Plan; and WHEREAS, one of the amendments contained in Ordinance No. 042-08 changed the land use designation for the property located at 215 Poplar Street, Port Orchard, Washington, tax parcel number 352401-3-o86-2007 from High Density Residential to Medium Density; and WHEREAS, the owner of the property at 215 Poplar Street filed appeal number 09-3-0004 with the Central Puget Sound Growth Management Hearings Board and requested that the land use designation of High Density Residential be restored; and WHEREAS, RCW 36.7oA.130(2)(b) authorizes a city to amend its comprehensive plan more often than once per year, after appropriate public participation, in order to resolve an appeal of a comprehensive plan filed with the growth management hearings board; and WHEREAS, a properly noticed public hearing was held before the City Council on March 24, 2oo9; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Pursuant to RCW 36.7oA.130(2)(b), the City's Comprehensive Plan map is hereby amended by changing the land use designation for the property located at 215 Poplar Street, Port Orchard, Washington from Medium Density Residential to High Density Residential. SECTION 2. 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. oog-og Page 2 of 2 SECTION �. 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 24th day of March 2009. Patricia J. KirypatricK, City Clerk APPROVED AS TO FORM: Gregory a ob , 'ty Attorney Sponsored by: 0'ah SU lip vChi/ Carolyn Po rs, Councilmember