020-21 - Ordinance - Amending POMC Chapter 20.04 Comprehensive Plan AmendmentsoRDtNANCE NO.020-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 2O.O4; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, consistent with RCW 36.70A.1-30, the City must periodically review and consider
revisions to its Comprehensive Plan; and
WHEREAS, the City has codified review proced ures for amendments to the Comprehensive
Plan at Port Orchard Municipal Code Chapter 2O.O4; and
WHEREAS, the City desires to amend Chapter 20.04 POMC to allow greater flexibility,
consistent with RCW 36.70A.1-30, for the timing of City-initiated amendments to the
Comprehensive Plan, which are often time sensitive and arise due to the ever-changing needs of
the City throughout the calendar year; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for review on
April 2, 202O, and review was granted on March 2,2O2L; and
WHEREAS, on March 23, the City's SEPA official issued a determination of nonsignificance
for the proposed amendments, and there have been no appeals; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on April 6,2O2I, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and thatthe amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
th e refore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOTLOWS:
SECTION 1. POMC 20.04.060 Agenda Process - Amended. Port Orchard Municipal Code
Section 20.04.060 is hereby amended to read as follows:
20.04.060 Agenda process
(1)The director shall prepare and administer a preliminary comprehensive plan amendment
agenda listing each application and containing written comments on proposed comprehensive plan
Ordinance No.020-2L
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amendments. Any interested party, including applicants, citizens, and government agencies, may
submit items to the comprehensive plan amendment process agenda.
(2)All comprehensive plan amendment applications must be completed and submitted to
the planning department by 4:00 p.m. on January 31st of any year in order to be considered during
that year's amendment process. provided Citv-in
director at anv tim
Completed applications that are received after the submission date will be placed on the
comprehensive plan amendment agenda for the following calendar year, Applications that are
incomplete will be returned to the applicant.
(3) By February 28th of each year, the director shall compile and maintain for public review
a recommended final comprehensive plan amendment agenda for site-specific amendments and
for city-wide amendments, including any proposed development regulations necessary to
implement such amendments. The director shall base these docket recommendations on a
preliminaryevaluation of the need, urgency, and appropriatenessof thesuggested comprehensive
pla n a mend ment as well as the p la n n ing depa rtment staff a nd budget availability to accommodate
the public review process.
(a) The director shall provide notice of the recommended final comprehensive plan
amendment agenda as provided in POMC 20.04.080.
(5) The director shall provide the recommended final comprehensive plan amendment
process agenda of project-specific amendments and city-wide comprehensive plan amendments,
along with a brief description of each suggested plan amendment to the city councilfor review and
consideration. The city council, after considering the development director's recommended final
comprehensive plan amendment agenda, shall adopt the final comprehensive plan amendment
agenda for the current year plan amendment cycle no later than April 30th of each year.
SECTION 2. POMC 2O.O4.O70 Process - Amended. Port Orchard Municipal Code Section
2O.O4.070 is hereby amended to read as follows:
20.04.07O Process
Upon adoption of the final comprehensive plan amendment agenda, the annual
comprehensive plan amendment process shall be consistent with the general process and schedule
for applications as described in POMC 20.04.060. The planning commission shall make its
recommendation, by resolution, to the city council prior to June 30th of the current year. The city
council shall make a final decision on each proposed amendment by December 15th of the current
vear. Determination of an exceotion to the annual amendment process shall be made bv the citv
council after recommendation bv the olannine commission. The failure to comolv strictlv with the
Ordinance No.020-2L
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calendar establis
comorehensive olan.
SECTION 3. Severability. lf any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 5. Effective Date. This ordinance shall be in full force five days after posting and
publication as required by law. A summary of this ordinance may be published in lieu of publishing
the ordinance in its entirety.
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 L3th day of April2O2L.
Robert Putaansuu, Mayor
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney Ashby, Councilmember
A
PU BLISHED: April L6, 2O2I
EFFECTIVE DATE: April 2I, 2O2I SEAL