003-16 - Ordinance - Extending Interim Ord. 015-15 Adopting a New Subdivision Code, Title 26ORDINANCE NO.003-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, EXTENDING
CITY OF PORT ORCHARD INTERIM ZONING ORDINANCE 015-15, ADOPTING A
NEW SUBDIVISION CODE, TITLE 26, THROUGH FEBURARY 23, 2016, TO BE IN
EFFECT WHILE THE CITY IMPLEMENTS THE NECESSARY PROCEDURES TO ADOPT
A "PERMANENT" SUBDIVISION ORDINANCE, AND ESTABLISHING THE DATE OF
A PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF ORDINANCE NO.
015-15, ALL AS ALLOWED BY RCW 36.70A.390.
WHEREAS, On September 8, 2015, the City Council voted to adopt Ordinance 015-15, an
interim subdivision ordinance, for a period of 6 months; and
WHEREAS, on September 21, 2015, the City Planning Commission held a public hearing
on Ordinance No. 015-15, but did not issue a recommendation to the Council; and
WHEREAS, On October 27, 2015, the City Council conducted a public hearing on
Ordinance No. 015-15, within 60 days as required by RCW 36.70A.390 and voted to keep the
ordinance in effect through January 12, 2015 (rather than using the full 6 month period as
specified in Ordinance 015-15); and
WHEREAS, on October 27, 2015, the City Council asked that a red -line version of
Ordinance No. 015-15 be prepared, showing the existing subdivision chapter in the Port
Orchard Municipal Code; and
WHEREAS, on November 13, 2015, the red -line version of Ordinance No. 015-15 was
prepared and distributed to the public, City Councils and all stakeholders; and
WHEREAS, on December 14, 2015, the Planning Commission held a public hearing on
the red -line version of Ordinance No. 015-15 but did not issue a recommendation to the City
Council; and
WHEREAS, on August 31, 2015, a copy of draft ordinance 015-15 was sent to the DOC;
and
WHEREAS, on September 4, 2015, SEPA was performed on the proposed interim
subdivision ordinance and no appeals were filed; and
WHEREAS, the City Council is in the process of hiring a new city attorney, and would like
to have the new city attorney review the new subdivision code prior to adoption; and
WHEREAS, the City Council had requested a revised subdivision ordinance for
consideration on January 12th, 2016 to be completed and released to the public by
Ordinance No. 003-16
Page 2 of 4
December 315t' 2015 however the review of the revised ordinance was not completed prior
to the City Attorney's last day in office; and
WHEREAS, additional time is needed to implement the above, as well as the steps for
adoption of the new subdivision code, such as the scheduling and noticing of another
public hearing before the Planning Commission, preparation of the Planning
Commission's recommendation to the Council and the Council's consideration of the
recommendation in a public meeting/hearing, and the City Council wishes to utilize the
full 6 month term as authorized in RCW 36.70A.390 and as originally specified in
Ordinance 015-15; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The effective date of Ordinance 015-15 is hereby extended through February
23, 2016 (The date of the last regular council meeting within 6 months of adoption of
Ordinance 015-15).
Section 2. 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 ordinance to extend to
the effective date of ordinance 015-15 within sixty (60) days of its adoption, or February 23,
2016. During 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, repeal this ordinance, or adopt a new subdivision code.
Section 3. Purpose. The purpose of this extension for the interim zoning ordinance No.
015-15 is to allow the City to perform the following:
A. Hold a public hearing before the Planning Commission on the final draft of the
new subdivision code, as reviewed by the new city attorney, obtain public input on the new
subdivision code and allow the Planning Commission to develop a recommendation to the City
Council. This will take approximately 4 weeks.
B. Have the City Council review the new subdivision code and the Planning
Commission's recommendation. This work will begin immediate after the activities described in
A above are complete.
Section 4. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this interim zoning ordinance be extended on January 12,
2016 and that its effect be continued 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 extended on January 12, 2016, there will be no subdivision
Ordinance No. 003-16
Page 3 of 4
regulations with which to process development applications for subdivisions (preliminary plats,
short plats, final plats, etc.). 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" subdivision chapter.
Section S. 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 6. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 7. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately on January 12, 2016, as long as it is passed by a vote of a majority plus one of the
whole membership of the 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 12th day of January 2016.
Robert Put ansuu, Mayor
ATTEST:
�s
Brandy inearson, CIVIC, City Clerk
Sponsored by:
L—
Bek Ashby, Councilme ber
APPROVED AS TO FORM:
City Attorney
Ordinance No. 003-16
Page 4 of 4
PUBLISHED: January 22, 2016
EFFECTIVE DATE: January 12, 2016
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 January 12, 2016.
ORDINANCE NO.003-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, EXTENDING
CITY OF PORT ORCHARD INTERIM ZONING ORDINANCE 015-15, ADOPTING A
NEW SUBDIVISION CODE, TITLE 26, THROUGH FEBURARY 23, 2016, TO BE IN
EFFECT WHILE THE CITY IMPLEMENTS THE NECESSARY PROCEDURES TO ADOPT
A "PERMANENT" SUBDIVISION ORDINANCE, AND ESTABLISHING THE DATE OF
A PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF ORDINANCE NO.
015-15, ALL AS ALLOWED BY RCW 36.70A.390.
Copies of Ordinance No. 003-16 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. 003-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, January 22, 2016