025-15 - Ordinance - Interim Zoning OrdinanceIntroduced by:
Development Director
Requested by:
Development Director
Drafted by:
Development Director
Reviewed by:
City Attorney
Introduced:
November 10, 2015
Adopted:
November 10, 2015
ORDINANCE NO.025-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO THE ADOPTION OF FINDINGS AND
CONCLUSIONS TO SUPPORT THE CONTINUED MAINTENANCE OF THE
EFFECTIVENESS OF AN INTERIM ZONING ORDINANCE (No. 015-15) ON
SUBDIVISIONS, REPEALING CHAPTER 16.72 AND ADDING A NEW
CHAPTER 16.72 TO THE PORT ORCHARD MUNICIPAL CODE, A TWO
MONTH PERIOD BEGINNING OCTOBER 27, 2015.
WHEREAS, the City Council of the City of Port Orchard may adopt an interim
zoning ordinance or interim official control for up to six months, as long as the City
Council holds a public hearing on the interim zoning ordinance within sixty (60) days
after adoption (RCW 36.70A.390); and
WHEREAS, on September 8, 2015, the Port Orchard City Council passed
Ordinance No. 015-15, repealing the City's existing subdivision chapter and adopting a
new subdivision chapter 16.72 POMC: and
WHEREAS, as required by RCW 36.70A.390, the City held a public hearing on the
interim zoning ordinance within sixty (60) days of its adoption on October 27, 2015; and
WHEREAS, the City Council desires to enter findings and conclusions in support
of the continued maintenance of the interim zoning ordinance for a period of an
additional two months after the public hearing, or January 12, 2015;
Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, ORDAINS
AS FOLLOWS:
Section 1. Purpose. The purpose of the City's adoption of the interim zoning
ordinance No. 015-15 is to establish subdivision regulations that are consistent with law,
to be used in the processing of applications for development applications (such as
boundary line adjustments, short subdivisions (short plats), preliminary subdivisions
(preliminary plats), final plats, binding site plans, alterations and vacations of such
applications) while the City follows the process for adoption of permanent subdivision
Ordinance No. 025-15
Page 2 of 4
regulations, as required by chapters 35.63 and 36.70A RCW for the adoption of
development regulations, as defined in RCW 36.70A.030(7). The period following the
adoption of the interim zoning ordinance, as well as the two months following the
hearing on October 27, 2015, has been/will be used for the City to obtain public input,
hold public hearings and meetings to develop and adopt permanent subdivision
regulations.
Section 2. Summary of Testimony during Public Hearing. On October 27, 2015,
the City Council held a public hearing on the interim subdivision ordinance No. 015-15.
The following is a summary of the testimony:
A. Community Development Director Nick Bond presented the staff report,
and recommended that the Council vote to continue the effective period of Ordinance
015-15 for the full six-month period because the conditions which led to the need for
this Ordinance have not changed. He noted that the staff have begun processing
applications under Ordinance 015-15 and that repeal at this time would be problematic.
Mr. Bond also informed the Council that the City's Hearing Examiner, Ted Hunter,
submitted written comments on the Ordinance on October 1, 2015, and stated: "We
also examined your new subdivision code and found no issues of concern with it. It too,
appears to be very well drafted."
B. City Attorney Carol Morris was asked by the Council to provide a
summary of the problems in the existing subdivision code, which prompted the need for
the interim subdivision ordinance. She explained these problems in general terms,
which primarily involve inconsistencies with applicable statutes and case law. She
informed the Mayor and Council that she is drafting a comparison of the existing
subdivision chapter and the interim subdivision chapter, which will be available shortly.
She further stated that the public process is being followed, and that staff is asking that
the Council keep the interim subdivision ordinance in place until the permanent
ordinance is adopted. She noted that Mr. Palmer's letter dated October 27, 2015 was
the first substantive comments received from any member of the public on the interim
ordinances, even though there was a public hearing before the Planning Commission. A
response to this letter will be provided. Finally, she reiterated that it would be very
disruptive to the permit processing at the City for the Council to repeal the interim
subdivision ordinance and reenact the old code. She offered to repeat her concerns to
the Council in an executive session. [An executive session was held on potential
litigation under RCW 42.30.110(1)(i).]
C. William Palmer commented that there was not citizen review ahead of
the Planning Commission's review of the Ordinance.
D. Community Development Director Bond responded that the Ordinance
was distributed to the Kitsap Alliance of Property Owners, Home Builders and Realtors
Ordinance No. 025-15
Paae 3 of 4
in late August/early September. He also explained that the City has done outreach to
solicit comments.
E. William Palmer stated that he would like the concerns that he identified
in his letter dated October 27, 2015 to be addressed prior to the Planning Commission's
consideration and recommendation regarding the Ordinance. He further requested an
impaneled committee to review the provisions of the Ordinance. His October 27, 2015
letter was entered into the record. The concerns identified in Mr. Palmer's letter
relating to Ordinance 015-15 are addressed by the City Attorney's letter [to be
submitted to the Council on November 10, 2015]:1
F. Ms. Teresa Osinski asserts that there is no emergency warranting the
adoption of the interim ordinance. She asks that the changes in the interim subdivision
ordinance be vetted and reviewed by stakeholders.
G. Ms. Elissa Whittleton offered that the public is not privy to the executive
session, and commends the City Attorney for finding the gaps in the existing ordinance.
She reiterated that the stakeholders had received the interim subdivision ordinance and
the public has had an opportunity to submit comments. She appreciated not being
subject to potential litigation.
H. Ms. Gerry Harmon clarified that the majority of the Council knew about
the emergency from a previous executive session and two Councilmembers were
missing at that meeting.
I. Mr. Mike Eliason thanked the City for including the realtors, home
builders and KAPO in the process after the first executive session by sending the
information to them for review.
Section 3. After the close of the public hearing, the City Council discussed
the need for the interim subdivision ordinance. Councilmember Clauson stated his
expectation that the stakeholders have an opportunity to provide their comments to the
Planning Commission, and they will take all that into consideration before a
recommendation is made to the Council. Councilmember Childs stated that he would
be in favor of allowing the stakeholders to sit down at the table to discuss these issues
with the City. Community Development Director Bond clarified that this interim
subdivision ordinance will be discussed at the next Planning Commission meeting, but is
not noticed for a public hearing at this time, although that will come later.
Section 4. The Council made a motion to continue the effect of Interim
Ordinance No. 015-15, in accordance with Section 9 and 10 of that Ordinance, for 60
' This letter also addressed concerns with the City's adoption of the Interim Permit Processing Ordinance,
No. 014-15. These concerns are included in the findings of fact prepared for that Ordinance.
Ordinance No. 025-15
Page 4 of 4
days, and in addition, that the City Attorney and the Planning staff provide a matrix of
the changes that will be included or are included in the interim ordinance, to be given to
the Planning Commission in the next two weeks, as well as a letter outlining the specific
issues shared tonight. The motion carried.
Section S. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional 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. Effective Date. This Ordinance shall take effect and be in full force
five (5) days after passage and publication of an approved summary consisting of the
title.
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 10th day of November,
2015.
ATTEST:
L% ",
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM:
Carol A. Morris, City Attorney
, � ,, 1� , "�z &I&I� �' a -
Timothy C. M thes, Mayor
SPONSORED BY;
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 November 10, 2015.
ORDINANCE NO.025-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE ADOPTION OF FINDINGS AND CONCLUSIONS TO SUPPORT THE CONTINUED
MAINTENANCE OF THE EFFECTIVENESS OF AN INTERIM ZONING ORDINANCE (No. 015-15) ON
SUBDIVISIONS, REPEALING CHAPTER 16.72 AND ADDING A NEW CHAPTER 16.72 TO THE PORT
ORCHARD MUNICIPAL CODE, A TWO MONTH PERIOD BEGINNING OCTOBER 27, 2015.
Copies of Ordinance No. 025-15 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. 025-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: November 20, 2015