053-19 - Ordinance - Relating to Land Use and Zoning, Terminating Emergency MoratoriumoRDTNANCE NO. 053-19
AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
RELATING TO IAND USE AND ZONING, TERM NAT NG AN EMERGENCY
MORATORIUM ON THE ACCEPTANCE OF NON.EXEMPT APPLICAT ONS
FOR NEW DEVELOPMENT OR CERTA N WPES OF RE.DEVELOPMENT
W TH N THE 580 & 660 WATER ZONES OF PORT ORCHARD WHICH WAS
MPOSED BY ORD NANCE NO. 020.19, AS AMENDED BY ORD NANCE
NOS. 020-19-A AND 039-19; AND DECLAR NG AN EMERGENCY AND
MAKING THIS ORD NANCE EFFECT VE IMMEDIATELY.
WHEREAS, the City Council adopted the emergency moratorium under Ordinance No.
020-19 on June 1L,2Ot9, which established a six-month moratorium on the acceptance of
certain development in the 580 & 560 water zones of Port Orchard; and
WHEREAS, in accordance with State !aw, a public hearing on the adoption of
Ordinance No.020-19 was held on July 23,2019. which is less than 60 days afterthe adoption
of Ordina nce No. 020-19; a nd
WHEREAS, following the public hearing, the City Council re-affirmed and amended the
moratorium by adopting Ordinance No. 020-19-A, including adopting additional findings of fact;
and
WHEREAS, following the adoption of the emergency moratorium, McCormick
Communities, LLC filed a lawsuit against the City challenging the moratorium; and
WHEREAS, McCormick Communities, LLC has also filed a damages lawsuit against the
City for delay damages caused by the moratorium; and
WHEREAS, the first lawsuit has been dismissed during the course of negotiating the
agreements for the water facilities; and
WHEREAS, on October 8,2OL9, the City Council adopted Ordinance No. 039-19 which
amended the moratorium to allow certain permits to be submitted and processed; and
WHEREAS, after imposing the Moratorium, Port Orchard worked with the City of
Bremerton, McCormick Communities, LLC, and with South Kitsap Fire and Rescue to develop a
plan to provide adequate water source and storage for the 580 zone in order to permit the City
to lift the moratorium while maintaining the public health, safety and welfare; and
Ordinance No. 053-19
Page 2 of 4
WHEREAS, Port Orchard has entered into a new lnterlocal Agreement with Bremerton to
purchase additional water to serve the 580 zone for the McCormick development; and
WHEREAS, Port Orchard has also entered into an agreement with McCormick
Communities, LLC for certain water system improvements, including the construction of a new
reservoir; and
WHEREAS, in accordance with that Agreement, McCormick Communities, LLC is required
to obtain a bond to guarantee their performance under the Agreement within 90 days; and
WHEREAS, Bremerton has also entered into an agreement with McCormick Communities,
LLC to make certain improvements to Bremerton's water system which serves the 580 zone; and
WHEREAS, South Kitsap Fire and Rescue has entered into an agreement with Port Orchard
allowing Port Orchard to use nesting for fire flow calculations as allowed by Iaw on an interim
basis in the 580 zone subject to the new reservoir being constructed in a timely manner; and
WHEREAS, with all of these agreements in place, the City has confidence that the water
system deficits in the 580 zone will be resolved; and
WHEREAS, with the planned new facilities and the additional water from Bremerton
during the interim period, the public health, safety and welfare will be secure and it is now
appropriate to lift the moratorium; and
WHEREAS, under the Agreement between Port Orchard and McCormick Communities,
LLC, once the moratorium is lifted, McCormick will dismiss its damages lawsuit; and
WHEREAS, given the upcoming holiday, the effective date of this Ordinance would likely
be delayed; and
WHEREAS, in order to allow permits to issue as soon as such permits are ready and to
reduce the potential for damages for delay and facilitate the dismissal of the damages lawsuit as
soon as possible, the City Council declares that a public emergency exists requiring that this
Ordinance lifting the moratorium become effective immediately upon adoption; now,
therefore,
THE C TY COUNC L OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N
AS FOLLOWS:
Ordinance No. 053-19
Page 3 of 4
SECT ON 1. Termination of Moratorium. The City Council hereby terminates the
moratorium imposed by Ordinance No.020-L9, as amended by Ordinance Nos.020-19-A
and 039-19.
SECT ON 2. Declaration of Public Emersencv: Effective Date. The Ci ty Council hereby
declares that an emergency exists necessitating that this Ordinance take effect immediately
upon passage by a majority plus one of the whole membership of the Counci!, and that the
same is not subject to a referendum (RCW 35A.12.130). The Council further declares that
due to the declared public emergency, this ordinance necessary for the protection of the
public health, public safety, public property, and public peace, shal! take effect and be in full
force immediately upon its adoption. This ordinance or a summary thereof consisting of the
title shall be published in the official newspaper of the City.
SECT ON 3. Severalilit\L Should a
of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid forany reason, orshould any portion of this ordinance
be preempted by state or federa! law or regulation, such decision or preemption shall not
affect the validity of the remaining portions of this ordinance or its application to other
persons or circumstances.
Publication.This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effect ive Date. This Ordinance shal! take effect and be in ful! force and
effect immediately upon passage, as set forth herein, as long as it is approved by a majority
plus one of the entire membership of the Counci!, as required by RCW 35A.L2.13O.
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 25th day of November 2019.
Robert Puta suu, Mayor
ATTEST:
ny section, paragraph, sentence, clause, or phrase
Brandy earson, MMC, City Clerk
Ordinance No. 053-19
Page 4 of 4
APPROVED AS TO FORM:
nifer ertson,
for Port Orchard
PU BLISH ED:
EFFECTIVE DATE:
December 6, 2OL9
Novemb er 26, 2Ol9
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 26, 2019.
ORDINANCE NO. 053-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO LAND USE AND ZONING, TERMINATING AN EMERGENCY
MORATORIUM ON THE ACCEPTANCE OF NON-EXEMPT APPLICATIONS
FOR NEW DEVELOPMENT OR CERTAIN TYPES OF RE-DEVELOPMENT
WITHIN THE 580 & 660 WATER ZONES OF PORT ORCHARD WHICH WAS
IMPOSED BY ORDINANCE NO. 020-19, AS AMENDED BY ORDINANCE
NOS. 020-19-A AND 039-19; AND DECLARING AN EMERGENCY AND
MAKING THIS ORDINANCE EFFECTIVE IMMEDIATELY.
Copies of Ordinance No. 053-19 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. 053-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 6, 2019