020-19 - Ordinance - Temporary Six-Month Moratorium on Acceptance of Certain Development in the 580 & 660 Water ZonesoRDtNANCE NO. 020-19
AN ORD NANCE of the City of Port Orchard, Washington, adopted pursuant to
RCW 35A.53.220 and RCW 35.70A.390; impos ng a temporary six-month
moratorium on the acceptance of certain development in the 580 & 560 water
zones of Port Orchard; setting forth findings of fact n support of this moratorium;
imposing the moratorium; stating the effect on vested rights; providing for
exctusions; recognizing that a public hearing wil! be held within 60 days;
authorizing interpretative authority; providing for severability; declaring an
emergency; setting the duration; and establishing an immediate effective date.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt moratoria related to land uses; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City's incorporated lands; and
WHEREAS, the City Council of the City of Port Orchard ("City") updated the City's
Comprehensive plan in 201-6, which includes a Utilities Element that serves as the City's guiding
or strategy document to ensure that the City will have adequate utilities available for projected
growth; and
WHEREAS, the City updated its water facilities plan in 2011 and is currently in the process
of a complete update which is expected to be completed by the end of this year or in early 2O2O;
and
WHEREAS, as a result of the work on updating the water facilities plan, the City has
discovered that there are deficits in the current water facilities, particularly in the 580 & 650
water zones; and
WHEREAS, the City's current water facilities plan provides that the water storage facilities
and other improvements in the 580 & 560 zones are to be completed by a private developer to
serve its development; and
WHEREAS, the City and the private developer entered into an agreement in 2OO7
whereby the developer would build the legally required water storage and other water facilities
in conformance with city code to serve the expected growth from that development in the 580
& 560 water zones; and
WHEREAS, although there have been permits issued in the past to the developer to
Ordinance No. 020-19
Page 2 of 6
construct these improvements, those permits expired many years ago without the construction
occurring; and
WHEREAS, in the intervening twelve (12) years since the City and the developer entered
into an agreement for construction of the water facilities, the water design manual as adopted
by the State Department of Health has changed which impact the scope of the water storage and
other facilities required for serving the 580 & 660 zones; and
WHEREAS, in addition to insufficient water storage facilities, the 580 & 560 zones also
have inadequate source supplies; and
WHEREAS, the City Council has significant concerns about development and growth in
the 5g0 & 6GO water zones, which is shown on Map L as attached hereto, due to the availability
of adequate water storage facilities and source for serving that area and for the ability to provide
uninterrupted water suPPlY; and
WHEREAS, the City Council finds that unless the City acts immediately to preserve the
status QUo, there are likely to be adverse impacts on the City and its citizens, including to the
health, safety and welfare of the people and property in the 580 & 650 water zones; and
WHEREAS, the City Council's concerns regarding likely adverse impacts related to growth
and development require immediate attention and include, but are not limited to, developing
adequate water source for the 580 & 560 zones and working with the developer in that area to
increase water storage capacity to serve the expected growth and to ensure continuous supply
of water in order to accommodate growth and development in this area; and
WHEREAS, the increase in water source, water storage and improvements necessary to
ensure adequate supply are critical to ensuring water suppty and adequate fire flow for the
growing 580 & 660 zones; and
WHEREAS, the city has determined that there are no water connections remaining in the
5g0 or 660 zones because the facilities for source and storage of those zones have reached
maximum capacitY; and
WHEREAS, based on these and related concerns, the City Council has determined that
a limited moratorium on development within the 5SO & 650 water zones is in the best
interests of the city to allow sufficient time for a plan to increase water source, water storage
and to ensure continuous supply and to ensure that the goals of the City's Comprehensive
Ordinance No. 020-19
Page 3 of6
Plan are being met to the Council's satisfaction; and
WHEREAS, the moratorium imposed herein promotes the public good and is
necessary for the protection of public health, property, safety, and welfare; and
WHEREAS, the City Council declares that a public emergency exists requiring that the
City's 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:
Section 1. F nd ngs of Fact. The recitals set forth above are hereby adopted as the
City Counci!'s initial findings of fact in support of the moratorium established by this
ordinance. The City Council may, in its discretion, adopt additional findings after the public
hearing referenced in Section 5 below.
Section 2. Moratorium mposed. As authorized by the police powers of the City as
set forth,for example, in Article Xl, Section LL, of the Washington State Constitution, and
pursuant to statutory authority set forth, for example, in RCW 36.70A.390 and RCW
35A.63 .22O, and unless expressly excluded under Section 3 and Section 4 of this ordinance,
the City hereby imposes a moratorium, as described in this Section 2, for those properties
located in the 580 & 660 water service zones as shown on the attached Map #1 requesting
the following ("Permit Applications"):
Al! building permit applications for the construction of buildings and structures which need
to be connected to the 580 & 660 water service zones included or otherwise described in
Chapter 2O.2OO of the Port Orchard Municipal Code ("POMC").
Section 3. Effect on Vested R ghts. The moratorium imposed under Section 2 of this
ordinance shall apply prospectively only, and shall operate to prevent acceptance of Permit
Applications submitted after the effective date of this ordinance. Nothing in this ordinance
shall be construed to extinguish, limit, or otherwise infringe on any permit applicant's vested
development rights as defined by state !aw and City of Port Orchard regulations, provided
that such a permit applicant has filed a complete Permit Application before the effective
date of this ordinance.
Sect on 4. Exclus ons. The provisions of this moratorium shall not apply to any Permit
Ordinance No. 020-19
Page 4 of 6
Applications or projects that are specifically excluded by the Exclusions set forth in this
ordinance. These Exclusions, unless expressly modified by the City Council, are specifically
!imited to:
1,. "Legislative Approvals" and "Quasi-Judicial Decisions by City Council" (i.e. Type
lV and V decisions) as identified on Table 20.22.O2O of POMC 20.22 for projects that are
already vested.
2. Permits and approvals that are vested by contract, such as those covered by an
approved development agreement. However, even if a Development Agreement is
applicable, applications for building permits in the 580 & 660 zones are subject to this
moratorium, unless otherwise exempted by this section.
3. Permits and approvals for additions, alterations, or remodels to existing
buildings when such additions, alterations, or remodels do not require additional water
capacity.
4. Permits and approvals for emergency repairs or construction to protect
people or property necessitated by a hazardous event or natural disaster (e.9.,
geologically unstable slope, fire, flooding, earthquake).
5. Land Disturbing Activity Permits, Stormwater Drainage Permits, and other
land use permits and approvals.
Permits and approvals for signs.
Permits and approvals for emergency medical and disaster relief facilities.
8. Building permit applications in the 580 & 660 zones that have been
submitted prior to the effective date of the moratorium.
Section 5. Public Hearing. Pursuant to RCW 35A.63.22O and RCW 36.70A.390, the
City Council shall hold a public hearing at a City Council meeting within 60 days of adoption
of this ordinance in order to take public testimony and to consider adopting further findings
of fact, or before August 10, 2019. The Council hereby schedules this public hearing for July
23,20L9.
6
7
Sect on 6. nterpretive Author ty. The City of Port Orchard Director of Community
Ordinance No. 020-19
Page 5 of 6
Development, or designee, is hereby authorized to issue official interpretations arising under
or otherwise necessitated by this ordinance.
Section 7. Severab ity. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional
or otherwise invalid for any reason, or should any portion of this ordinance be preempted
by state or federal 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
circu msta nces.
Section 8. Dec aration of Pub ic Emergency; Effective Date; Durat on. The City
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
Council, 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, shall take
effect and be in fullforce immediately upon its adoption. Without an immediate moratorium
on the City's acceptance of non-exempt development applications, such applications could
become vested, leading to a development and use of property without adequate water
facilities to serve these properties. Therefore, the moratorium must be imposed as an
emergency measure to protect the pubtic health, safety and welfare, and to prevent a flood
of applications to the City in the 580 & 650 zones. Pursuant to Matson v. Clark County Board
of Commissioners, Tg Wn. App. 64L (1995), non-exhaustive underlying facts necessary to
support this emergency declaration are included in the "Whereas" clauses above, all of
which are adopted by reference as findings of fact as if fully set forth herein. This moratorium
shalltake effect immediately, and shall remain effective for six (5) months, unless terminated
earlier by the City Council. Provided, that the Council may, at its sole discretion, renew the
moratorium for one or more six (6) month periods in accordance with state law. This
ordinance or a summary thereof consisting of the title shall be published in the official
newspaper of the City.
Section 9. No Special Duty Created. lt is expressly the purpose of this Ordinance to
provide for and promote the health, safety and welfare of the general public and not to
create or otherwise establish or designate any particular individual, class or group of persons
who will or should be especially protected or benefited by the terms of this Ordinance.
Ordinance No. 020-19
Page 6 of 6
No provision or term used in this Ordinance is intended to impose any duty
whatsoever upon the City or any of its officers, agents, or employees, for whom the
implementation or enforcement of this Ordinance shall be discretionary or mandatory.
Nothing contained in this Ordinance is intended nor shall be construed to create or
form the basis of any liability on the part of the City, or its officers, employees or agents, for
any injury or damage resulting from any action or inaction on the part of the City, its officers,
employees or agents.
Section 10. Publ cation. This Ordinance shall be published by an approved summary
consisting of the title.
Sect on 11. Effective date. This Ordinance shal! take effect and be in full 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 Council, as required by RCW 35A.1,2.L3O.
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 11th day of June 2OL9.
Robert u, Mayor
ATTEST:
Brandy MMC, City Clerk
APPROVED AS TO FORM:
fer
for Port Orchard
PUBLISHED: .-i qne, a I st , 1o\1
EFFECTIVE DATE: Jr*r<-, \\+\, ?ct1.
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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 11, 2019.
ORDINANCE NO. 020-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTED PURSUANT
TO RCW 35A.63.220 AND RCW 36.70A.390; IMPOSING A TEMPORARY SIX-MONTH
MORATORIUM ON THE ACCEPTANCE OF CERTAIN DEVELOPMENT IN THE 580 & 660
WATER ZONES OF PORT ORCHARD; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF
THIS MORATORIUM; IMPOSING THE MORATORIUM; STATING THE EFFECT ON VESTED
RIGHTS; PROVIDING FOR EXCLUSIONS; RECOGNIZING THAT A PUBLIC HEARING WILL BE
HELD WITHIN 60 DAYS; AUTHORIZING INTERPRETATIVE AUTHORITY; PROVIDING FOR
SEVERABILITY; DECLARING AN EMERGENCY; SETTING THE DURATION; AND ESTABLISHING
AN IMMEDIATE EFFECTIVE DATE.
Copies of Ordinance No. 020-19 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. 020-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, June 21, 2019