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014-09 - Ordinance - Amending Comprehensive PlanIntroduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. 014-09 City Clerk City Clerk City Clerk City Attorney June 9, 2009 June 9, 2009 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY'S COMPREHENSIVE PLAN REGARDING THE PROVISION OF SANITARY SEWER SERVICE FOR THE SOUTH KITSAP INDUSTRIAL AREA TO RESOLVE THE CITY OF BREMERTON'S APPEAL TO THE GROWTH MANAGEMENT HEARINGS BOARD WHEREAS, in December 2008, the Port Orchard City Council adopted Ordinance No. 042- o8 which contained extensive amendments to the City's Comprehensive Plan; and WHEREAS, the Comprehensive Plan includes references to the provision of sanitary sewer service to the South Kitsap Industrial Area (SKIA); and WHEREAS, on or about February 5, 2009, the City of Bremerton filed a petition for review of the City of Port Orchard's amendments to its Comprehensive Plan by and through Ordinance No. 042-o8 ti2th the Central Puget Sound Growth Management Hearings Board; and WHEREAS, Port Orchard and Bremerton desire to resolve the appeal through the amendment of certain provisions and figures of Port Orchard's Comprehensive Plan, as set forth below; 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 notice public hearing was held before the City Council on June 9, 20o9; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.3 of Port Orchard's Comprehensive Plan is hereby amended as set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SECTION 2. Section ro.6.r of Port Orchard's Comprehensive Plan is hereby amended as set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SECTIONS. Section 10.7.2.7 of Port Orchard's Comprehensive Plan is hereby amended as set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. Ordinance No. 014-09 Page 2 of 15 SECTION a. Section ii.1 of Port Orchard's Comprehensive Plan is hereby amended asset forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SECTION 6. Section 11.2.1 of Port Orchard's Comprehensive Plan is hereby amended asset forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SECTION 6. Section 11.2.2 of Port Orchard's Comprehensive Plan is hereby amended as set forth in Exhibit A, a copy of which is attached hereto and incorporated by this reference. SECTION 7. The figure originally labeled "Port Orchard Urban Growth Area" is hereby amended as set forth in Exhibit B, a copy of which is attached hereto and incorporated by this reference. SECTION 8. 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. SECTION cZ Effective Date. This ordinance shall be in full force and effect five (5) days after i) the Central Puget Sound Growth Management Hearings Board enters an order of dismissal or takes such other action as the Board deems appropriate to dismiss the appeal in case No. 09-3-0003 and 2) 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 9th day of)�ihe 209g. /f A E T: Patricia J. Kir atri , CMC, City Clerk APPROVED AS TO FORM: 6a7 Gregory A. Va b , ity Attorney Lary Sponsored b n Clauson, Councilmember Ordinance No. 014-09 Page 3 of 15 6.3 Economic Development Goals and Policies This plan addresses Economic Development in several categories, each with associated goals and policies for economic development identified for Port Orchard as they provide the primary foundation for this Economic Development element, supporting both the overall vision of the Comprehensive Plan and the needs and desires of the community. Goal 1. Support a vital diversified economy that provides living wage jobs for residents, supported by adequate land for a range of employment uses, and that encourages accomplishment of local economic development goals. Policy ECON-1 Provide, through sub -area & comprehensive plans, zoning, & land use designations, that create an adequate supply of land to accommodate the targeted employment growth. Goal 2. Encourage economic growth and diversification that minimizes long-term and short-term cyclical unemployment, decreases dependence on the national defense industry and decreases dependence upon the income of residents who commute out of the city. Policy ECON-2 Implement long-term economic policies that will encourage and assist in developing an economic market analysis and a strategy to support the needs of employers, thus meeting diversification and employment objectives and improving the City's tax base. Policy ECON-3 Improve competitiveness in economic development by encouraging and developing incentives for business growth, expansion, and relocation. Policy ECON-4 Improve the jobs/Housing balance on a City-wide basis. Policy ECON-5 Adopt an employment target for the creation of one new living wage employment or job opportunity for every new household population growth forecasted through the 2025 planning period. Policy ECON-6 Encourage office development to increase Citywide share of office space. Goal 3. Increase the number of primary jobs, which are jobs producing goods or services that are principally sold to Ordinance No. 014-09 Pa e 4 of 15 clients outside of the City, that in turn enable the creation of secondary jobs, which are jobs that produce goods or services that principally serve clients within the City. Policy ECON-7 Recapture a percentage of retail and service sales occurring within the City. Concentrate on local community goods, unique services, and an emphasis on quality and service. Policy ECON-8 Support implementation of the City of Port Orchard Economic Development Plan and complement economic growth of the City of Port Orchard. Goal 4. Promote and support a healthy, diverse economy that provides for a strong and diverse tax base, encourages expansion of business, creates industrial and employment opportunities to attract new industry to Port Orchard, and fosters new industry that is environmentally responsible and consistent with the Comprehensive Plan. Policy ECON-9 Recognize the arts as a growing component of the South Kitsap economy. Encourage and support the creative and economic contribution of the arts as an ongoing economic contribution to the diversity of Port Orchard. Policy ECON-10 Recognize tourism as a growing component of the South Kitsap economy. Encourage and support the economic contribution of tourism as an ongoing economic contribution to the diversity of South Kitsap. Encourage participation in selected community events and destinations by visitors with multiple -day stays. Policy ECON-11 Encourage small business enterprises and cottage industries, and allow appropriate and traditional home occupations as permitted by local regulations. Policy ECON-12 Encourage providing space for small-scale low -impact enterprise developments to allow for non -retail business uses that have minimal impacts on the environment and surrounding uses, including, but are not limited to, artists' studios, research and development, computer software development and manufacture, commercial kitchen for value-added farm product processing, duplicating services, and small-scale assembly. Creative ways of providing affordable commercial space should be considered, and live -work opportunities should be explored as a component of the development. Ordinance No. 014-09 Page 5 of 15 Policy ECON-13 Establish Port Orchard as a unique and significant waterfront destination with recreational and retail opportunities for tourists and residents. Policy ECON-14 The City shall value and preserve its historic commercial district creating a visible link to its unique maritime past. Goal 5. Provide a diverse mix and appropriate range of commercial, industrial, and business park uses within Port Orchard and South Kitsap area that will provide living wage jobs. Policy ECON-15 Encourage mixed use developments within commercial districts that will enhance the visual, economic, and environmental quality of these areas and improve the transition between commercial and residential districts. Policy ECON-16 Encourage pedestrian orientation for non-residential uses and office or residential uses above ground floor retail uses. Policy ECON-17 Discourage strip commercial development type patterns and signage, and concentrate commercial/office development into "nodes" or pedestrian friendly village -type developments. Goal 6. Balance business and industrial development with environmental protection and continue to maintain and enhance the quality of life in Port Orchard as growth occurs. Policy ECON-18 Provide for the location of environmentally responsible light industrial, manufacturing, commercial, and high technology firms within Port Orchard. Policy ECON-19 Encourage the use of "green" materials and techniques in all types of construction. Adopt the US Green Building Council, Leadership in Energy and Environmental Design (LEED) certification and evaluation process. Policy ECON-20 Encourage public sector solid waste reduction and recycling. Develop and utilize methods to help businesses find markets for surplus materials, byproducts and waste. Policy ECON-21 Encourage local enterprises to participate in programs such as the Solid and Hazardous Waste and EnviroStars programs of the Bremerton-Kitsap County Health District and the Green Works program of the Kitsap County Public Works Department, which recognize and assist business efforts to protect the environment. Ordinance No. 014-09 Page 6 of,15 Goal 7. Support and coordinate economic expansion and diversification through the development of capital facilities, multi -modal transportation and urban services. Policy ECON-22 Encourage the full utilization and development of designated commercial and industrial areas. Promote revitalization within existing developed areas to take advantage of the significant investments in existing buildings and infrastructure. Policy ECON-23 Rehabilitation and expansion of existing commercial facilities should be encouraged in preference to building of new commercial facilities. Goal 8. Ensure that economic development will be concurrent with the existing capacity of required capital facilities. Policy ECON-24 Development plans shall consider, in addition to other infrastructure, a technology infrastructure component depicting the type and siting of technology infrastructure, including fiber optic or other high-speed data links, provisions for reserve capacity and future expansion, such as reserve space inside planned conduits. Goal 9. Make use of the land use and strategic location of the Port Orchard to attract new employers to the City and allow existing employers to expand. Policy ECON-25 Encourage the cooperation of agencies and groups interested on economic development of the sub -area in developing a campaign to attract new businesses, while retaining existing ones. Policy ECON-26 Encourage economic development opportunities utilizing Rew..c�a:dcncl •1.e e*istiag well as aviation, rail, marine, and transportation infrastructure connecting Port Orchard and the South Kitsap Industrial Area. Policy ECON-27 Encourage business opportunities that maximize the availability of highly skilled workforce and geographic proximity associated with existing military facilities. Goal 10. Foster and facilitate partnerships and cooperation among government, private corporations, and nonprofit entities to promote the economic development goals and policies of the Comprehensive Plan. Ordinance No. 014-09 Page 7 of 15 Policy ECON-28 As appropriate, work with other jurisdictions and agencies such as state and federal agencies, Tribes, the Port of Bremerton, the cities, the Kitsap Economic Development Council (KEDC), Chamber of Commerce, and the Kitsap County Public Utilities Districts, in marketing and developing the City of Port Orchard. Policy ECON-29 Collaborate with tribal governments, ports, and other special districts to identify innovative development methods such as public and private partnerships and community development assistance financing to increase economic vitality. Policy ECON-30 Property Owners and the Chamber of Commerce will encourage Kitsap County, adjacent cities, and the KEDC in actively recruiting new employers to locate within the City of Port Orchard and in encouraging existing employers to expand their business within the City of Port Orchard. Goal 11. Attract new educational institutions and improve, and expand existing educational institutions that provide vocational and postsecondary programs to assure a highly skilled, technically trained resident work force. Policy ECON-31 Encourage development of a state or private 4-year university, or promote further expansion of existing educational institutions. Ordinance No. 014-09 10.6.1 Wastewater System Summary Page 8 of 15 The City of Port Orchard Public Works Department provides wastewater service in coordination with the West Sound Utility District to the citizens of Port Orchard, as well as the majority of the citizens in adjacent Urban Growth Areas. The wastewater service areas include the Port Orchard Urban Growth Area, the McCormick Woods Urban Growth Area, and tia__I_future servicg_ar�iacluding—the South Kitsap Industrial Area Urban Growth Area. The City of Port Orchard has developed Comprehensive Sewer Plans in coordination with both Kitsap County, West Sound Utility District (Formerly Karcher Creek Sewer District), most recently updated in December 2006 (Ordinance 026-06) Ongoing Wastewater Capital Facilities Plans. It is based upon information available to the City and from several consultant studies as well as joint West Sound Utilities District data, analysis, and input. The existing Wastewater Plans provide an in-depth analysis of the system characteristics and potential areas for improvement and expansion using a twenty-year time frame. This Wastewater Plan will be updated in the very near future as changing demographics and technologies arise in coordination with shifting needs resulting from annexation, and most likely the Wastewater Capital Facilities Plans will be updated yearly. To help protect water quality, it should be noted that the City's Shoreline Master Program already requires the installation of sewage disposal facilities at private and public marinas. The population served by the system was estimated in Equivalent Residential Units (ERU) which account for people present on a daily basis but who may not be residents (e.g. school children or employees). Metered water use is based upon 180 gallons per day, which is a State standard. The projected system population is based upon current trends in water system use. Unanticipated major new developments are not included in this calculation. The basins within the Wastewater Service Area conform to the service area of the system including the South, Central and East branches. The Southern branch serves from Pottery Avenue northward along Port Orchard Boulevard. The Central branch serves from the intersection of Sidney Avenue and Tremont Street northward along Cline Avenue. The East branch serves the area to the east of Blackjack Creek. Thee threa--hr n_c._h.es4an_ seryc._e_x st ng _service areas south--Gf to Sidney and West to McCormick Woods and potential future connections beyond to SKIA-duct-thFough tL....,�,�-three bF needs. These three main trunk lines connect to the pump station at the Port Orchard Marina and are pumped to the treatment facility in Annapolis. Improvements recommended in the Sewer Plan are for increased maintenance and replacement of basin areas that have high inflow and infiltration. Inflow and infiltration result from rain water leaking into the lines during storms, filling up the lines and requiring the distribution system and treatment plant to handle more water than is necessary. In older areas of the City this problem is largely due to side sewer connections. In order to make any meaningful improvements to the system, expensive basin -wide repairs would be necessary. This would include replacing both laterals and side sewers. The City's studies recommend an alternative approach (bio-membrane package scalping plants) to assist in the major replacement of increased maintenance and Ordinance No. 014-09 Page 9 o� 15 repair to extend and increase the efficiency of the existing laterals and trun lines. It has been determined that there is little growth potential in the Eastern branch service basin because it is bordered to the east by the West Sound Utility District. The Central branch is surrounded by the service area of the Eastern and Southern branches. The Southern branch appears to be in the best position to serve most of the undeveloped properties in, and surrounding, the City. Ordinance No. 014-09 10.7.2.7 Wastewater collection and treatmWntliacilides Goal 9 Utilize best construction methods and practices and innovative techniques in the design and construction of sewer utilities. Policy CF 53 Schedule construction activities to avoid sensitive times in the lifecycle of fish and wildlife, such as spawning, nesting, and migration. Policy CF 54 Coordinate construction of sewerage improvements with other utilities. Policy CF 55 Whenever possible, construction should be scheduled to minimize disruption of access to area residences and businesses. Policy CF 56 The City shall require all new development to connect to public sewer and water systems, unless physically or financially infeasible. Policy CF 57 Provide coordination efforts to the Port of Bremerton and adjacent jurisdictions for potential, future wastewater infrastructure improvements within South Kitsap Industrial Area. Ordinance No. 014-09 Page 11 of 15 CHAPTER 11. IMPLEMENTATION .1 Implementation The primary goal of the Port Orchard Comprehensive Plan Update is to provide for orderly development at urban levels for parcels within the City of Port Orchard and for parcels within the Port Orchard Urban Growth Area, the unassociated McCormick Woods Urban Growth Area, and as tk,-a potential future wastewater service provider oAy-for the South Kitsap Industrial Area (SKIA) Urban Growth Area. With its adoption, this City of Port Orchard Comprehensive Plan Update adopts the population, methodology, analysis, and capital facilities planning identified in the 2006 Kitsap County Comprehensive Plan 10 Year Update and Environmental Impact Statement and will concurrently amend the Land Use Map designations for the City of Port Orchard. The City recognizes the need for cooperation with Kitsap County in the designation of UGA boundaries, provision of public services, concurrency requirements and inter -local agreements. The goals, policies and implementation strategies of this chapter are intended to guide the future actions of affected jurisdictions. The goals and policies of this chapter will be further accomplished by the implementation of coordinated water system plans, storm water system management plans, sanitary sewer plans, transportation plans, capital improvement plans, zoning changes and other actions undertaken by the jurisdictions, either individually or jointly. Ordinance No. 014-09 Page 12 of 15 11.2 Goals and Policies 1 1.2.1 Governance The following summarizes the key policies and implementation steps pertaining to future governance of the sub -area. Goal I. To establish general guidelines for orderly development within the City of Port Orchard and future annexation areas. Policy IMP -I Amend existing development regulations and the zoning map to be consistent with, and implement, this Comprehensive Plan Update. Policy IMP-2 Address specific issues regarding the provision of services to the Port Orchard UGA, McCormick Woods/ULID #6 UGA and Wgtgntial.. f i�r .r__� pro_v_s on,_of wastewater service to the South Kitsap Industrial Area (SKIA) UGA, dispute resolution, and other issues relating to the implementation of this Plan through inter -local agreement(s) between the City of Port Orchard and adjacent jurisdictions. Policy IMP-3 The County will be the lead agency for coordinating and reviewing developments proposals until such time as the area is annexed by the City. Policy IMP-4 The City should provide timely notification of proposed development actions or annexation actions that may impact adjacent jurisdictions to promote inter -jurisdictional communication and participation. Ordinance No. 014-09 Page 13 of 15 1 1.2.2 Capital Improvements Detailed information on the capital improvements and services necessary to meet the adopted levels of service for the City, with identification of funding to implement the planned facilities and urban service improvements, is set forth in the Capital Facilities Plan Update, the 2006 Kitsap County Comprehensive Plan 10-Year Update and Environmental Impact Statement, and by the implementation of coordinated water system plans, storm water system management plans, sanitary sewer plans, transportation plans, capital improvement plans, zoning changes and other actions undertaken by the jurisdictions, either individually or jointly. The following policies set forth the general implementation strategies for the provision of urban services. Goal 2 To implement the necessary capital improvements identified in Port Orchard and to ensure the timely and efficient provision of urban services to the City, and adjacent Urban Growth Areas. Capital Improvements - Generally: Policy IMP-5 The City and each provider of urban services within the sub -area will assist in the planning, coordination and establishment of urban services and facilities to serve the projected build out of the area. Policy IMP-6 The City and service providers will seek opportunities for providing joint infrastructure or combining operations to achieve greater efficiency and effectiveness in service provision. Water Service: Policy IMP-7 The City of Port Orchard and the West Sound Utilities District, are the water service providers for the City and coordinated Comprehensive Water System Plans should be formally endorsed by resolution by each service provider, documenting the intent to conform with all applicable utility, water service and capital facilities plans. Policy IMP-8 Water service to the City should be accomplished through inter -local agreements and be reflected in amendments to relevant utility plans of the various service providers. Wastewater Collection and Treatment: Policy IMP-9 The City of Port Orchard provides wastewater collection and treatment to the City, McCormick Woods and is a potential _wastewater service provider to the South Kitsap Industrial Area (SKIA). The City of Port Orchard and West Sound Utilities District have planned the improvements to both conveyance facilities and the joint wastewater Ordinance No. 014-09 Page 14 of 15 treatment plan to accommodate the new urban development will be implemented through the City's utility planning and inter -local agreements. Policy IMP-10 Where future urban development in the sub -area necessitates a short extension of the force main and construction of sewer trunks and laterals, these improvements shall be funded, to the extent reasonably necessary to serve the proposed development and as allowed by law, through developer extension of improvements as part of the project permit process. Stormwater: Policy IMP-1 1 Stormwater facilities needed by new urban development in the city will be comprised of on -site facilities provided by the developer consistent with the requirements of the Port Orchard Stormwater Management Regulations, and the Washington State Department of Ecology Stormwater Management Manual for the Puget Sound Basin. Policy IMP- 12 The City of Port Orchard endorses that collaborative stormwater planning is desirable and encourage City and County public works staffs continue to work together to ensure comprehensive stormwater control/management for the City and Urban Growth Areas, and identify in the process areas for coordination, joint protections, development standards and cost estimates. Policy IMP-13 The City and County should seek to establish uniform and consistent urban stormwater standards and requirements for property owners and developers. Transportation: Policy IMP-13 The City of Port Orchard and the County should consider entering into inter -local agreement(s) to develop recommendations regarding the future development and maintenance of transportation facilities within the adjacent urban growth areas. 2 > m ( 2 CD m n '> <02 0) \ tt! _ �` )RJP ! mo [2 a) Q . . —� ~.. /»:.\... � .. �- . d,c -- .a - \\ \. � \ \ \ / \. y.»+1- , z-� % .� � � � �ƒ-- _ . ? RR 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 June 9, 2009. ORDINANCE NO. 014-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY'S COMPREHENSIVE PLAN REGARDING THE PROVISION OF SANITARY SEWER SERVICE FOR THE SOUTH KITSAP INDUSTRIAL AREA TO RESOLVE THE CITY OF BREMERTON'S APPEAL TO THE GROWTH MANAGEMENT HEARINGS BOARD Copies of Ordinance No. 014-09 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. 014-09 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent June 19, 2009