1844 - Resolution - Project Review Procedures for Land Use Development ApplicationsRESOLUTION NO. 1844
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
ADOPTING AN OMNIBUS RESOLUTION PROVIDING PROJECT
REVIEW PROCEDURES FOR LAND USE DEVELOPMENT
APPLICATIONS
WHEREAS, in 1995, the legislature, in an act entitled "Integration of Growth
management Planning and Environmental Review," Chapter 36.70E RCW, required local governments to
integrate growth management planning, land use development project application processing,
environmental review, and public involvement into a framework of regulations which create omnibus
procedures to be utilized by applicants, interested citizens, and agency staff;
WHEREAS, the Growth Management Act, Chapter 36.70A RCW requires the City of Port
Orchard to implement development regulations; and
WHEREAS, the City of Port Orchard appointed a task force to prepare preliminary draft
development procedures, which were then submitted to the Port Orchard Planning Commission for review
and comment; and
WHEREAS, after holding a series of public hearings which provided an opportunity for
the public and other agencies to give input the Port Orchard Planning Commission recommended that the
City Council adopt the Planning and Development Procedures; and
WHEREAS, the Procedures provide an integrated regulatory framework for
implementation of land -use related laws in the City of Port Orchard; and
WHEREAS, the Port Orchard City Council held a series of forty-three public hearing
sessions on the Planning and Development Procedures and proposed Zoning Ordinance; and
WHEREAS, on December 14, 1998 the Port Orchard City Council did hold the final
session of the continued public hearing; and
WHEREAS, Ordinance No. 1748 which is known as the City of Port Orchard Zoning
Ordinance has been adopted on December 28, 1998 and will become effective January 4, 1999; and
WHEREAS, Ordinance No. 1748 provides that Development Procedures may be
established by City Council Resolution, now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE
THAT:
Section 1. Pursuant to Chapter 36.70B RCW and the Growth Management Act,
Chapter 36.70A RCW, the City Council of the City of Port Orchard does hereby adopt, the City of Port
Orchard Planning and Development Procedures as shown in Exhibit 1, which is attached, and
incorporated herein by this reference.
Resolution No. 1844
Page 2 of 2
Section 2. Effective date: This Resolution shall become effective and be enforceable
on January 4, 1999.
Section 3. Severability: if any section, subsection, sentence, clause, or phrase of this
procedures resolution or amendment thereto, or its application to any person or circumstances is held invalid,
the remainder or application to other persons or circumstances shall not be affected.
PASSED by the City Council of the City of PW Orchard, SIGNED by the Mayor
and attested by the Clerk in authentication of such passage this 28th of December, 1998.
Attest: LESLIE J. WEATHERILL, MAYOR
Patr cia Parks, City Clerk
Planning and Development Procedures
1: Application and review procedures
Sections;
Section 1: Purpose
Section 2: Scope
Section 3: Initiating authority
Section 4: Application procedures
Section 5: Application information requirements
Section 6: Public notification methods
Section 7: Public notification contents
Section 8: Fee schedules and procedures
Section 9: Application time limitations
Section 10: Application withdrawal, denial, and renewal
Section 11: Appeals
Section 12: Severability
Section 1: Purpose
a: The purpose of this ordinance is to provide the procedures for the review,
application of appropriate requirements, and approval or rejection of proposals for
actions directly affecting the development of Port Orchard including comprehensive
plan amendment, rezone, and site plan/design review.
b: A secondary purpose is to provide the ability of an applicant to combine 1 or more
of these procedures in order to accomplish a concurrent, expedited review and approval
process.
Section 2: Scone
This document shall govern the following procedures contained within the Zoning
Ordinance:
a: Comprehensive plan amendment
b: Zoning map adjustment
c: Site plan/design development, and
d: Land use appeals.
Section 3: Initiating authority
a: A property owner/applicant may initiate an application for comprehensive plan
amendment, zoning map adjustment, and/or site plan/design development subject to the
application requirements listed under each procedure.
L
Comparative procedures
Tasks
l
Comprehensive plan amendment
I Zone adjustment
I I Planned residential devipt.
I I I Zoning variance
IIII
I I I I Appeal
11111
Conduct preapplication conference/workshop0
0
0
0
O
2 File preliminary application
F1
XXXX
X
3 Review application and impacts
XXXX
X
Return incomplete submittal
4 Issue staff report on application
XXXX
O
5 Planning Commission review/heaq'pg
X
X
X
X
6 Planning Commission decision/recommendation
X
X
X
X
7 Issue Planning Commission findings
8 Issue notice of public review/hearing
X
9 City Council review/hearing
x
x
X
10 City Council decision
x
X
Appeal decision
X - required task
0 - optional task
TASKS.WK1
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i
Application requirements
Comprehensive plan amendment
Zone adjustment
I Planned residential devipt.
Zoning variance
j t I Admin. zoning variance
I I I I Appeal
I I I I I I
1 Applicant/owner address/phone/fax/signature
2 Names of adjoining property owners
3 Names of all property owners within 300 feet
4 Description of the proposed action
5 Name/address of the proposed development
6 Vicinity map showing location of property
7 Legal description of subject property
S Property map showing ownerships/easements
x
x
x
x
x
0
9 Existing site conditions map
0
0
0
0
0
0
10 Photographs of existing conditions
0
0
0
0
0
0
11 Existing topographic contours of site
0
0
0
0
0
12 Soil and geotechnical studies
01
0
0
0
13 Proposed grading plan
01
0
0
0
O
14 Site plan with buildings/improvements
X
x
X.
x
X
0
15 Proposed building plans and elevations
01
X
X
x
x
O
16 Landscaping plans, screening, fencing
O
O
17 Access. Ian with streets and trails
0
O
X
0
O
0
18 Utilities plan w/sewerlwater/storm/p owe r/telecom
0
0
0
O
19 Floodproofing certification
0
0
0
20 Engineering/working drawings
0
0
0
21 As -built drawings
0
0
O
22 Survey and monument placement
0
0
O
23 Draft covenants, restrictions, easements
0
0
0
0
24 SEPA checklist
25 Application fee
X - required with application
0 - may be required with application by ARC
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Notice requirements
Methods
Comprehensive plan amendment
Zone adjustment
Planned residential devlpt.
j Zoning variance
j Appeal
I I I I I
1 Weekly/daily newspaper of local distribution
X
X
X
X
0
2 Mail notice to adjacent owners (within 300 feet)
x
X
X
x
0
3 Mail to parties on file w/Planning Department
X
XXIX
0
4 Post notice in City Hall/Library
X
X
x
x
0
5 Applicant erects sign(s) on subject property
X
X
XI
Xi
O
When
When complete application filed
I X1
X1
X
X
10 days prior to review and/or hearin
X
X
X O
Contents
1 Applicant nameladdress/file reference
X
X
X1
X
2 Street address and property description
X
X
X
X
3 Vicinity map of property or site
x
x
X
4 Brief description of proposed action
X
x
X
X
5 Date, time, place of public hearing/review
x
xx
6 Right/method/deadline for participatin
X
7 Publication dates and places of notice
X
X
X
X - notice required
0 - notice required if a hearing is held
CHECKLIS.WK1
7
b) No proceeding of any procedure established shall be found to be
invalid for failure to provide mail notice as long as the other methods of notice have
met their respective requirements and there was a good faith attempt to comply with the
mail notice requirements.
3) Mailing notice of the upcoming Planning Commission agenda to each person
who has requested such notice in writing from the Planning Department for the
calendar year.
4) Posting notice of the application and the public hearing at each official
posting. place of the city including City Hall.
5) Requiring the applicant to erect public information signs on the subject
property. Notice boards shall be designed and constructed in accordance with city
specifications and be:
a) Located at the midpoint of each public street frontage 10 feet (or less)
inside the property line unless attached to a building where the board shall be visible to
passing motorists and pedestrians.
b) Erected at least 10 days before the date of any scheduled hearings or .
review sessions and maintained in good condition during the notice period. The
removal of the notice board prior to the end of the application review process may be
cause of discontinuance of the action until the notice board is replaced.
Section 7• Public notification contents
a: Planning Department staff shall develop the contents of the notice of public reviews
or hearings in accordance with the notice contents table.
b: Depending on the nature of the application, public notice contents may include:
1) The name of the applicant(s) and the appropriate application file number or
reference.
2) The street addresses of the subject property and a description in terms
sufficient to identify the property location.
3) A vicinity map indicating the location of the subject property areas.
4) A brief description of the proposed action(s) and the proposed use of the
property including a site or building plan if applicable.
5) The date, time, and place of the public hearing before the Planning
by permission of either, after a showing that a change of circumstance warrants a
renewal sooner than 1 year.
c: The Planning Commission or City Council may abandon any proceeding initiated by
their own action, provided that such abandonment shall be made only when the
proceedings are before the initiating body, and provided further that any hearing shall
be held for which notice is given.
Section 11: Appeals
a: Planning Commission and staff decisions authorized under this code may be
appealed to City Council.
b: City Council decisions or any action of the city in granting or denying an application
under this code may be reviewed for appearance of fairness issues, illegal, corrupt,
arbitrary, or capricious action in the Kitsap County Superior Court.
Section 12• Seygrability
Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this
document be declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portion of this document.
11
LJ
2: Comprehensive plan amendments/zone adjustment procedures
Sections:
Section 1: Conduct preapplication conference or workshop
Section 2: File application
Section 3: Review comprehensive plan amendment, zone adjustment, and SEPA
threshold
Section 4: Issue notice for Planning Commission public meeting
Section 5: Issue staff report on proposal impacts/SEPA threshold
Section 6: Conduct Planning Commission meeting
Section 7: Planning Commission's recommendations
Section S: Issue Planning Commission findings
Section 9: Issue notice for City Council public hearing
Section 10: Conduct City Council hearing
Section 11: City Council decision
Section 1: Conduct preapplication conference or workshop
a: Prior to submitting a completed application, it is suggested that the applicant meet
with the City Planner (Planner) at an informal conference to discuss the development
review process and any issues that may affect the proposed comprehensive plan
amendment and/or zone adjustment (which may include a rezone, planned residential
development, conditional or special use) request.
b: The preapplication conference may be conducted as a public informational workshop
where adjacent property owners, residents, business owners, and other affected or
interested parties may attend, hear, and contribute comments dealing with potential
comprehensive plan amendment and/or zone adjustment issues to be reviewed during
the process.
c: The preapplication conference may include a project scoping under the State
Environmental Policy Act (SEPA - RCW 43.21C as amended) including appropriate
public notification tasks.
Section 2: File application
Based on the information reviewed and discussed during the preapplication conference
or workshop, the applicant will file a direct petition for comprehensive plan amendment
and/or zone adjustment request with the Planning Department. Any amendment to the
comprehensive plan or development regulations is legislative in nature and must meet
13
I�
Comprehensive plan amendmentfzone adjustment procedure
Property ownerldeveloper applicant
I
j Planning staff
I I Applicatlon Review Committee (including agencies/consultants)
III Planning Commission
I I I Clerk's Office Staff
I City Council
I I I I I I Kitsap County Superior Court
I I I I I I I Public Including adjacent property owners
11 1 1 1 1 1 1 Interested parties on record
lllllllll
Section of code
1 Conduct preapplication conferencelworksho X X
2 File lanlzone application X X
C?nfrn in�mm�lnfn chrn ifl7l X
3 Review planIzone application
JxxJ
I
I ;
1
10
4 Issue notification of application
Ix
I
I
1 1010
5 Issue notification of public meeting
X
I
1 1010
6 Issue staff report onplan/zone
O
X
I
1
1010
7 Conduct Planning Commission meeting
X
X
O X
X
8 Planning Commission recommendations
X
X
9 Submit Planning Commission findings
X
X
10 Issue notification for Council public hearing
X
11 Conduct City Council hearing
X
X
O
X
X
X
X
12 City Council decision
I
I
X
X
Appeal decision
PROCESSIMM
X XX
X major role/responsibility
O minor role/responsibility
15
Section 4: Issue notice for Planning Commission public meeting
Planning Department staff shall provide notice of a public meeting within the Notice of
Application on the proposed comprehensive plan amendment and/or zone adjustment
request, and any associated environmental assessments or other particulars. The notice
shall contain the information and shall be prepared in accordance with the notice
requirements table.
Section 5: Issue staff report ou proposaI innnacts/SEPA threshold
[ a: The City Planner will assemble, edit, and distribute to the applicant, Planning
Commission, and interested parties, a staff report summarizing the general review,
r� comprehensive plan assessment, zone adjustment assessment, environmental
l assessment, and other party or issue findings.
b: The report, together with any required documents, shall be transmitted to the
Planning Commission and to the parties of record at least I week prior to the date of a
public meeting for review and consideration of approval.
Section 6: Conduct Planning Commission me&ng
Following adequate notification, the Planning Commission will conduct a public
meeting on the proposed comprehensive plan amendment and/or zone adjustment
application. The Commission will:
a: Review the staff, special committee, consultant, and other report materials..
b: Take comments from the applicant, adjoining property owners, jurisdictional
representatives, the public, and any other interested parties during the hearing.
c: Keep a verbatim (taped or written) record of the public meeting on file for a 1 year
period or until the appeal period for which the record could be used has expired,
whichever is greater.
Section 7: Elanning Commission'srecommendations
Based on the results of the public meeting, the Planning Commission may:
a: Agree with all provisions of the application and forward a recommendation to the
City Council that the comprehensive plan amendment and/or zone adjustment (rezone,
planned residential development, conditional or special use) application be approved as
submitted.
b: Agree with portions of the application and forward a recommendation to the City
Council that the application be approved subject to minor changes to be accomplished
by the property owner and/or applicant. The Planning Commission may include such
(' conditions on the approval as the Commission deems necessary under this code and
17
}
a: Agree with and approve all provisions of the application.
b: Agree with and approve portions of the application. The City Council may include
such conditions on the approval as the Council deems necessary under this code, the
SEPA, and other applicable law.
c: Disagree with and disapprove portions or all of the application as submitted by the
applicant due to major unresolved issues or problems complying with environmental
impacts, comprehensive plan policies, infrastructure capacity availabilities, existing
level -of -service (ELOS) consistencies, capital improvement project (CIP)
concurrencies, or other policy particulars. If the decision is to deny the application, the
City Council shall clearly indicate what, if any, changes or additional material may be
necessary to obtain a decision of approval.
d: The City Council decision shall be in writing and shall include findings of fact and
conclusions to support the decision.
e: Unless otherwise stipulated, all zone adjustment actions are site plan specific. Any
major modification, deviation or departure from the originally approved site plan or
application shall constitute a violation of the zone adjustment approval unless the City
Council has reviewed and approved the modified site plan after conducting a public
hearing. The City Council may subject modified site plans to new conditions.
f: Time limits on all zone adjustment approvals are as follows:
1) rezones - 18 months,
2) planned residential developments - 3 years,
3) special use permits - 180 calendar days,
4) conditional use permits -- 180 calendar days.
g: If substantial progress toward construction of a preapproved site plan or
Jestablishment of an approved use has not occurred at the expiration of this time period,
the Council may revoke the zone adjustment or approve a time extension commensurate
with the original time limit with conditions. An extension of said time limit may be
jgranted by the City Council only if the request is received in writing prior to the
expiration of the time limit for the applicable zone adjustment.
_j h: If the time limit for a special use or conditional use has expired and no timely
extension request received, the permit shall be considered void. No notice need be
(� given nor hearing held.
After written notification by staff of an impending expiration date for a rezone or
planned residential development, the affected property owner shall submit a written
19
3: Zoning variances
Sections:
Section 1: Conduct preapplication conference or workshop
Section 2: File application
Section 3: Issue notice for Planning Commission public hearing
Section 4: Conduct Planning Commission hearing
Section 5: Planning Commission decision
Section 6: Administrative zoning variances
Section 1: Conduct prgaMficatjon conference or workshop
Prior to submitting a completed application, it is suggested that the applicant meet with
the City Planner (Planner) at an informal workshop session to discuss the development
review process and any issues that may affect the proposed zoning variance request.
Section 2: File appl cation
Based on the information reviewed and discussed during the preapplication conference
or workshop,, the applicant will file a zoning variance request with the Planning
Department. Depending on the nature of the final request, the applicant will provide
the information listed in the application requirements table, which may include:
a: An ownership report of the real property parcels which are to be included in the
zoning variance request. All persons and entities having a title interest in the property
to be provided a zoning variance shall be required to sign all documents relating to the
request.
J b: A zoning variance application which provides the appropriate information,
attachments, presentations, and format in accordance with the applications requirements
s table.
c: Any additional zoning variance application requirements which may be determined
based on the results of the preapplication conference with the City Planner.
d: Fees to cover all costs of processing the application.
Section 3: Issue ngfice for Plaming Commission ub
Planning Department staff shall prepare a notice of application and a notice of public
hearing on the zoning variance request. The notice shall contain the information and be
21
f�
` , Section 6: Administrative zoning variances,
a: The City Planner shall have the authority to review and approve or disapprove the
following administrative zoning variances if the application fulfills all listed
requirements.
b: Signs in residential zoning districts may vary from the required property line setback
by two feet and home occupation signs may vary from the required property line
setback if the following requirements are demonstrated by the applicant:
1) due to topography or other physical features, the sign cannot logically be
effective behind the full required front yard setback, and
2) the proposed location does not adversely impact the neighbors, as compared
with the impacts if the sign met the full required setback, and
3) the proposed location does not create a health or public safety hazard.
c: Property setbacks for structures other than signs in residential zones can be adjusted
to the following:
1) front yard setback to 10 feet,
2) side yard setback to 3 feet,
3) corner lot side yard setback to 12 feet,
4) rear yard setback to 8 feet.
Before a non -sign administrative zoning variance may be approved, it shall be
demonstrated by the applicant:
1) because of special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of the zoning
ordinance would deprive the subject property of privileges enjoyed by other properties
in the vicinity and under identical zoning classification, and
2) that the granting of the variance will assure consistency with the limitations
upon other properties in the vicinity and zone in which the subject property is situated,
and
3) the granting of the variance will not be detrimental to the public health,
safety, or welfare or injurious to property and improvements in the same vicinity and
zone in which the subject property is situated, and
4) the granting of such variance will be in conformance with the objectives of
the Comprehensive Plan, and
5) the adjoining property owners do not object to the proposed variance.
23
Zoning variance procedure
Property owner/developer applicant
I
I Planning staff
J [ Application Review Committee (including agencies/consultants)
I I I Planning Commission
I I I I City Council
IIIII
[ [ [ [ J Kitsap County Superior Court
IIIIII
I I I I I I Public including adjacent property owners
IIIIIII
Section of code
4 Conduct variance conferencelworkshop
X
X
O
O
2 File variance application
X
X
Return incomplete submittal
X
3 Issue notification of apPlication
X
4 Issue notification for public hearing
X
5 Issue staff report on variance
X
6 Conduct Planning Commission hearing
X
X
JOIX
I
X
7 Planning Commission decision
—XI
1XI
Appeal decision x x X x
X major roielresponsibiiity
O minor roielresponsibiiity
PROCESS2.WK1
25
4: Boundary line adjustments
ctions•
Section 1: Purpose
Section 2: Conduct preapplication conference
Section 3: File application
Section 4: Review boundary line adjustment application
Section 5: City Engineer review
Section b: City Engineer decision
1
Section 7: Record boundary line adjustment
Section 1: Purpose
a: The purpose of a boundary line adjustment is to accommodate a minor transfer of
land between adjacent legally created lots in order to correct property line or setback
encroachments, create better lot design, or improve access, without creating
substandard lots, or substandard yard or setback areas.
b: It is not the purpose of a boundary line adjustment to create additional building lots.
c: The creation of additional building lots must be accomplished through the land
division process.
d: Properties approved for lot line adjustment cannot be short or long subdivided for a
period of 5 years in a manner that would create more than 1 lot in addition to those that
could have been achieved without the adjustment.
Boundary line adjustment procedures
Sectign 2: Conduct preapplication confer_ nice
Prior to submitting a completed application, it is suggested that the applicant meet with
the City Engineer at an informal workshop session to discuss the boundary line
adjustment review process and any issues that may affect the proposed request.
Section 3: File aMplication
Based on the information reviewed and discussed during the preapplication conference,
the applicant will file a boundary line adjustment application. Depending on the nature
of the final request, the applicant will provide the information listed in the application
requirements table, which may include:
27
to a boundary line adjustment request.
b: Environmental assessme - in accordance with the State Environmental Policy Act
(SEPA - RCW 43.21C as amended) requirements, the City Engineer shall evaluate
environmental impacts of the proposed action. The review shall consider issues that
have been resolved by previous programmatic environmental impact analysis and
determine whether the proposed action will change previous findings or mitigation
requirements.
c: Other Marty reviews.- at the City Engineer's discretion and with justification, the
application and staff findings may be referred to other parties for review comments.
Such parties may include:
1) consultants including urban planners and designers, traffic and civil
engineers, landscape architects and biologists subject to the notification of the
applicant,
2) representatives of Kitsap County, South Kitsap School District, Kitsap
Transit, Washington State Department of Transportation, Department of Ecology, and
other appropriate jurisdictions, and
3) property/business owner representatives of the Downtown/Waterfront,
Historic, Ross Creek, Blackjack Creek, Tremont Street special design overlay districts.
Section • City Engineer decision
j Based on the review of the application submitted and comments received, the City
f Engineer may:
a: Agree with and approve all provisions of the boundary line adjustment application.
b: Agree with and approve portions of the boundary line adjustment application
including any modifications or conditional requirements. The City Engineer may
include such conditions on the approval as the Engineer deems necessary under this
code, the SEPA, and other applicable law.
c: Disagree with and disapprove portions or all of the boundary line adjustment
application as submitted by the applicant due to major unresolved issues or problems
complying with environmental impacts, comprehensive plan policies, special design
overlay district standards, or other policies. If the decision is to deny the application,
the City Engineer shall clearly indicate if andlor what changes or additional material
are necessary to obtain a decision of approval.
d: The City Engineer's decision shall be in writing.
29
5: Appeal procedures
Citv Council anneal procedure
Section 1: File application
Section 2: Issue notice for City Council public hearing
Section 3: Conduct City Council hearing
Section 4: City Council decision
Section 1: File application
The City Council hears appeals concerning zoning variances, administrative zoning
variances, and staff determinations. Applicable appeal periods for variances and
administrative variances are listed within the Zoning Variances Chapter. Appeals of
staff determinations must be made to the City Council within five calendar days after
the date of the determination. Appeals to City Council decisions must be made to
Superior Court within 21 days as provided by law.
The applicant will file a written appeal request with the City Clerk. Depending on the
nature of the final request, the applicant will provide the information. listed in the
application requirements table, which may include:
a: An ownership report of the real property parcels which are to be included in the
appeal request. All persons and entities having a title interest in the property to be
appealing a PIanning Commission or staff decision shall be required to sign all
documents relating to the request.
b: An appeal application which provides the appropriate information, attachments,
presentations, and format in accordance with the applications requirements table.
c: Any additional appeal application requirements which may be determined by the City
Planner.
d: Fees to cover the costs of processing the application.
Section 2: Issue notice for Gjy Council public hearing
Planning Department staff shall prepare a notice of application and public hearing on
the appeal request. Appeals of Planning Commission decisions are closed record
hearings; appeals of administrative variances and staff determinations are open record
hearings. The notice shall contain the information and be prepared in accordance with
31
Appeal procedure
Property owner/developer applicant
I
Planning staff
City Clerk
I I I Planning Commission
I I I I City Council
IIIII
I I I Kitsap County Superior Court
IIIIII
I I I I I I Public including adjacent property owners
IIIIIII
Carfinn of rnAa I
1 File appeal application
X
O
X
2 Issue notification of application and hearingX
3 Conduct City Council hearing
X
X
O
X
X
4 City Council decision
X
Appeal decision
PROCESS3.WK1
A A A
X major role/responsibility
O minor rolelresponsibility
33