001-14 - Ordinance - Amending Chapter 16.72 to Allow for Administrative Approval of Minor Preliminary Plat AmendmentsIntroduced by: Development Director
Requested by: Development Director
Drafted by:
City Attorney
Reviewed by:
City Attorney
Introduced:
March 11, 2014
Public Hearing:
March 11, 2014
Adopted:
March 11, 2014
ORDINANCE NO. 001-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 16.72 BY
ADDING A NEW SECTION TO ALLOW FOR ADMINISTRATIVE
APPROVAL OF MINOR PRELIMINARY PLAT AMENDMENTS
WHEREAS, the Port Orchard Municipal Code does not currently allow for
preliminary plat amendments,, which means that developers must submit a revised
preliminary plat application for review by the hearing examiner, no matter how small or
slight the amendment may be; and
WHEREAS, submitting a revised preliminary plat application in order to address
small amendments is costly and time consuming for developers and property owners; and
WHEREAS, the current lack of a process for dealing with minor preliminary plat
amendments places an undue burden on developers, property owners, and the City's limited
staff resources; and
WHEREAS, other municipalities, similar in size and geographic make-up to Port
Orchard, have implemented a process that allows for minor preliminary plat amendments
to be handled administratively; and
WHEREAS, it is anticipated that the demand for minor preliminary plat
amendments will increase due to changing market conditions, consumer demands; and
WHEREAS, an administrative process for minor preliminary plat amendments
would provide developers and property owners with the flexibility to accommodate
unforeseen minor site development challenges, while still requiring that major amendments
be subject to public hearing before the hearing examiner; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16. 72 of the Port Orchard Municipal Code is hereby amended
by adding a new section 16.72.205 to read as follows:
Ordinance No.001-14
Page 2 of 3
16.72.205 Amendments to an approved preliminary plat.
Plat amendments are amendments to an approved preliminary plat and
are classified as either minor amendments or major amendments.
(1) Minor amendments are those modifications that may alter dimensions
of lots, location of lots and infrastructure, alignment of roads, and other
similar modifications that do not affect the overall character of the
development. Minor modifications shall be processed as an administrative
decision by the Community Development Director. Before approving the
amendment, the Director shall make a written determination that all of the
following criteria have been met:
(a) The revision will not be inconsistent or cause the subdivision to be
inconsistent with the findings, conclusions, or decision of the hearing
examiner or City Council;
(b) The revision will not cause the subdivision to violate any applicable
city policy or regulation;
(c) The revision will not alter the intent of the original conditions of
preliminary plat approval;
(d) The revision doesn't increase or decrease the total number of lot's
within the subdivision by more than 5 percent or 5 lots (whichever is less);
(e) The revision does not alter the perimeter boundary of the
subdivision; and
(f) The revision would not reduce transportation levels of service below
the city's minimum adopted standards.
(2) Revisions which are not classified as minor amendments in subsection
(1) are major amendments and shall be processed in the same manner as a
new preliminary plat application pursuant to POMC 16.72.010 through
POMC 16.72.240.
(3) An application for a plat amendment may be made at any time until a
preliminary plat or approval has expired under POMC 16.72.240.
(4) An amended plat proposal shall be submitted on an application as
required by the Community Development Director together with the
Ordinance No.001-14
Page 3 of 3
(4) An amended plat proposal shall be submitted on an application as
required by the Community Development Director together with the
applicable fee as set forth in the City's fee schedule. The Community
Development Director shall have the discretion to determine whether a new
SEPA checklist application need be submitted and whether stormwater,
transportation, geotechnical and other studies need to be revised or updated.
A revised plat shall be submitted showing the location of lots, tracts, blocks,
streets of the previous plat in dotted lines, and the proposed revisions in solid
lines.
(5) An approval for a plat amendment shall expire at the same time as the
original preliminary plat approval, unless the expiration date is extended
pursuant to POW 16.72.240.
SECTION 2. If 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 3. This ordinance shall be in full force and effect on March 24, 2014 and
after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this iith day of March, 2014.
ATTEST:
Brandy Rinearson, City Clerk
APPROVED AS TO FORM:
Gregory A. Ja by, Ci ttorney
Timothy C. Mdfthes, Mayor
Sponsored by:
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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 March 11, 2014.
ORDINANCE NO. 001-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 16- 72 BY ADDING A NEW SECTION TO ALLOW FOR
ADMINISTRATIVE APPROVAL OF MINOR PRELIMINARY PLAT
AMENDMENTS
Copies of Ordinance No. 001-14 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. 001-14 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
March 21, 2014