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015-18 - Ordinance - Amending POMC 20.46.030 Land Use Zoning Self Storage UsesRepealed by Ordinance No. 011-19 ORDINANCE NO.015-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING, AMENDING POMC 20.46.030 TO IMPOSE AN INTERIM OFFICIAL CONTROL, ADOPTING AN INTERIM ZONING ORDINANCE ON SELF STORAGE USES AND ADOPTING AN INTERIM SELF STORAGE OVERLAY MAP; DECLARING THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT; DECLARING AN EMERGENCY; SETTING AN EFFECTIVE DATE AND AN EFFECTIVE PERIOD OF THE INTERIM ZONING ORDINANCE; SETTING THE DATE OF A PUBLIC HEARING ON THE INTERIM ZONING ORDINANCE; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City's Zoning Land Use Tables (chapter 20.46 of the Port Orchard Municipal Code) require updating due to the high levels of interest in the development of new indoor and outdoor self -storage facilities in Port Orchard; and WHEREAS, the City staff has been working on a new Zoning Code that will address self -storage uses and locations; however, that zoning code is not ready for adoption at this time; and WHEREAS, the City has undertaken a comprehensive approach toward land use in order to ensure that the public has the facilities it needs while ensure a mix of development occurs throughout the City; and WHEREAS, the self -storage use is emerging as an issue that may impact the City's comprehensive approach to land use planning; and WHEREAS, in order to ensure that the City's planning and zoning work is done in a holistic manner the City Council deems it in the public interest to establish interim regulations addressing self -storage to be applicable during the time the work plan is implemented in order to develop final regulations; and WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an interim zoning ordinance for a period of up to twelve months; provided that the City has developed a work plan for related studies providing for such a period and that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council desires to adopt changes to the zoning land use tables concerning self -storage uses as an interim zoning ordinance to be in effect while the public process is followed for the adoption of a new zoning code update; now, therefore, Ordinance No. 015-18 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Purpose. The purpose of this Interim Zoning Ordinance is to allow for the construction of self -storage facilities (indoor and outdoor) in areas that the City Council believes are appropriate and will be of minimal impact to the continued development of Port Orchard while the City continues work on a more robust update to the City's zoning regulations. The City will enforce the interim ordinance during the period that this Interim Zoning Ordinance is in effect. SECTION 2. Imposition of Interim Official Control. An interim official control is hereby imposed to amend the land use chart of the Port Orchard Municipal Code in Section 20.46.030 as set forth in Exhibits A (text) and B (map) which is attached hereto and incorporated herein by this reference as if set forth in full. SECTION 3. Adoption of Interim Control, Work Plan and Setting Public Hearing. This Interim Ordinance is immediately adopted for a period of up to twelve months in order to provide the City adequate time to implement its work plan to study the need for a permanent ordinance. Once the permanent ordinance is adopted, it will replace and repeal this Ordinance. The City will undertake study on this subject to include the following work: A. The City staff will review a new interim or "permanent" zoning ordinance to regulate the location of self -storage facilities on a comprehensive basis. B. Following the review and analysis by the City staff, the Planning Commission will hold study sessions and work to develop a public hearing draft of an ordinance containing the permanent regulations. The Planning Commission will then hold a public hearing(s) on the draft Ordinance; obtain public input on such Ordinance; engage with stakeholders; and make recommendations to the City Council. C. The staff will provide research and analysis for the Planning Commission and Council and will perform SEPA on the proposed regulations. The staff will also send the public hearing draft of the proposed Ordinance to the Department of Commerce for review. D. The City Council will review the draft Ordinance proposed by the Planning Commission and consider the input from the Planning Commission, public and staff at which time the City Council will consider adoption of the new permanent zoning land use regulations on self - storage facilities. SECTION 4. Effect of Interim Zoning Ordinance. This Interim Zoning Ordinance will allow the City, during the next twelve months, to continue accepting applications for self -storage uses and to process them under the interim official control contained in this Ordinance. Those Ordinance No. 015-18 Page 3 of 4 applications conforming to the regulations in this Ordinance may be approved and those that are not consistent with this ordinance may be denied. SECTION 5. Duration of Interim Zoning Ordinance. Pursuant to the Declaration of Emergency in Section 7 below, this Interim Zoning Ordinance shall be immediately effective upon adoption. As long as the City holds a public hearing on the Interim Zoning Ordinance, and adopts findings and conclusions in support of the Interim Zoning Ordinance within sixty (60) days of this adoption, the Interim Zoning Ordinance shall not terminate until twelve (12) months after the date of adoption, unless repealed earlier by the Council, or at the time when all of the events described in Section 3 have been accomplished, whichever is sooner. SECTION 6. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW 36.70A.390 and RCW 35.63.200, the City Council shall hold a public hearing on this Interim Zoning Ordinance within sixty (60) days of its adoption, or before June 23, 2018, so as to hear and consider public comment and testimony regarding this Ordinance. Following such hearing, but no later than the next Council meeting immediately following the public hearing, the City Council shall adopt findings of fact on the subject of this Interim Zoning Ordinance and either justify its continued imposition or repeal this Ordinance. SECTION 7. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Interim Zoning Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. If this Interim Zoning Ordinance is not adopted immediately, applications for the self -storage uses may be submitted and vest under the existing code. In addition, the Interim Zoning Ordinance must be adopted immediately as an emergency measure to protect the public health, safety and welfare, and to allow the continued submission of such applications to the City prior to the adoption of the "permanent" zoning chapters. SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 9. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force immediately upon passage, having received the vote of a majority plus one of the entire Council. 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 24 day of April 2018. Ordinance No. 015-18 ATTEST: _ "brandy Rinearson MMC, City Clerk APPROVED AS TO FORM: n Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 4 of 4 lk Scott Diener, Mayor Pro Tempore SPONSOR:-, Shawn Cucciardi, Councilmember & (D , , , n q § . N3 n 0 a § § — CD ] g 2 CD} 2 0 CD 0 ® o E m � \ & CD 3 CD ¥ %_ 0 G q 2 \- e E 3 q ¥ Q < © § © 4 � $ �_ Q , CD cr I 0 0 2 E & g , Ch , \ PD CD i ■ \ k Q § ° T. 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SU N N m p (D cn (D O N (D C cn (D 3 C N C (D m Self Storage Overlay Areas 3 4 O � 4 mowrwo y ' wmv r i 3 g[fy @ W R a p i >i rt 3 tT sxxusu�m � Y5 3 ® �svwswxo _ 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 12, 2018. ORDINANCE NO. 017-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING FINDINGS OF FACT FOR ORDINANCE 015-18, AN INTERIM ZONING ORDINANCE RELATING TO SELF STORAGE FACILITIES, AND CONFIRMING THE CONTINUANCE OF ORDINANCE 015-18; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 017-18 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. 017-18 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, June 22, 2018