Loading...
017-08 - Ordinance - Finds of Fact for Ordinance 015-18 Interim Zoning OrdinanceORDINANCE 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. WHEREAS, the Port Orchard City Council adopted an interim zoning ordinance, Ordinance 015-18, on April 24, 2018, declaring an emergency and approving the Ordinance by a majority plus one; and WHEREAS, RCW 36.70A.390 requires that a public hearing be held within sixty days of the adoption of an interim zoning ordinance if the legislative body adopted the interim zoning ordinance without first holding a public hearing, and that the legislative body adopt findings of fact in support of the interim zoning ordinance either before or after the public hearing; and WHEREAS, Ordinance 015-18 contains the following seven "Whereas" statements in support of the Ordinance: 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 Ordinance No. 017-18 Page 2 of 4 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; and WHEREAS, the City Council conducted a duly noticed public hearing on Ordinance 015-18 on May 22, 2018 to receive public comment and testimony, after which no additional findings of fact were made by the City Council; and WHEREAS, the City Council hereby makes the following additional findings of fact: • The city has recently experienced an increase in the number of property owners and developers asking about building new indoor and outdoor self­ storage facilities in Port Orchard; and • The City Council is concerned that new self-storage facilities could be built in areas of the city that would have the potential to disrupt the creation of new neighborhoods and local centers; and • The City Council is concerned that storage facilities, while serving a need of city residents, generate relatively little revenue to the city compared to other commercial land uses and consume large tracts of commercially zoned land; and • Self-storage facilities are highly lucrative business ventures that, once constructed, are rarely converted to other uses or redeveloped; and • The City Council wishes to limit self-storage uses to only a few areas of the city where the Council is confident that the construction of self-storage facilities will not be disruptive to planning efforts to create new neighborhoods and local centers; and Ordinance No. 017-18 Page 3 of 4 • The City Council wishes to have interim controls established that will more closely regulate self-storage facilities while the city's Zoning Code update is being prepared, by limiting the areas in which new facilities can be located; and • The purpose of this limitation is to prevent new self-storage development that may be inconsistent with the updated Zoning Code, with the City's goals and policies in the Comprehensive Plan, and with the Council's vision for Port Orchard's future development, including its designated commercial gateways and centers; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings of Fact. The City Council adopts all of the "Whereas" sections set forth above as Findings of Fact in support of Ordinance 015-18. SECTION 2. Confirmation of Continuance. Based on the above Findings of Fact, the City Council hereby confirms the continuance of Ordinance 015-18 for one year from its April 24, 2018 adoption. SECTION 3. 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by 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 12th day of June 2018. Ordinance No. 017-18 Page 4 of 4 Robert Putaansuu, Mayor 1iSEAL - | ATTEST: *&Lt_ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM:Sponsored by: rafon Cates, City Attorney Scott DienerfcouncilmemberSR PUBLISHED: EFFECTIVE DATE: June 27, 2018 June 22,2018 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