023-11 - Ordinance - Adopting 2011 Amendments to Comp PlanIntroduced by:
Planning Director
Requested by:
Planning Director
Drafted by:
Planning Director
Reviewed by:
City Attorney
Introduced:
December 13, 2011
Adopted:
December 13, 2011
ORDINANCE NO.023-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2o11 AMENDMENTS TO THE
PORT ORCHARD COMPREHENSIVE PLAN PURSUANT TO THE
STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT
WHEREAS, with the passage of the Washington State Growth Management Act
in 1990 (GMA), Chapter 36.7oA RCW, developing communities are required to adopt a
comprehensive plan that outlines strategies to accommodate the needs of a growing
population. It is intended for this comprehensive plan to be updated to reflect the changes
in growth and boundaries of that growth including changes to zoning; and
WHEREAS, in December 2oo8, the City Council adopted, via Ordinance 042-08,
a major update to the Comprehensive Plan for the City of Port Orchard and its urban
growth area pursuant to the requirements set forth in the GMA; and
WHEREAS, State law requires that each city planning under the GMA must
periodically review, and, if needed, revise its comprehensive plan and development
regulations to ensure compliance with the GMA; and
WHEREAS, the City of Port Orchard seeks to be in compliance with the goals,
policies, and procedures of the Growth Management Act; and
WHEREAS, pursuant to the GMA, non -emergency amendments to a
comprehensive plan can be considered no more than once each year; and
WHEREAS, both site -specific and city-wide amendments have been submitted to
the City for its consideration; and
WHEREAS, the City of Port Orchard has actively sought citizen input utilizing
several public informational media, including stakeholder and subcommittee group
meetings, flyers, press releases and newspaper articles, in addition to the regularly noticed
public meetings and public hearings; and
Ordinance No. 023-11
Page 2 of 17
WHEREAS, Port Orchard issued an Environmental Checldist, signed on
September 10, 2010, pertaining to the 2010 amendments to the Port Orchard
Comprehensive Plan; and
WHEREAS, on September 29, 2011, a Determination of NonSignificance was
issued for the adoption of the 2011 amendments to the Port Orchard Comprehensive Plan.
The appeal period closed at 4:30 p.m. on October 13, 2011, and no appeals were filed;
and
WHEREAS, on September 29, 2011, Port Orchard issued proposed 2011
amendments to the Port Orchard Comprehensive Plan. The document was posted on the
CityofPortOrchard.us web page and made available to the public and agencies; and
WHEREAS, on September 29, 2011, notice of all 2011 amendments to the
Comprehensive Plan was sent to the Washington State Department of Commerce at least
sixty days before the amendments were adopted, in accordance with RCW 36.7oA.io6;
and
WHEREAS, after proper notice, the Port Orchard Planning Commission
conducted two public meetings; on Monday, September 19, 2ot1, and on October 17, 2011
in accordance with RCW 35.63.100, considered public testimony, and after discussion and
deliberation recommended approval of the proposed 2011 Comprehensive Plan
amendments; and
WHEREAS, after proper notice, the Port Orchard City Council conducted a public
hearing on Tuesday, December 13, 2011 and considered public testimony regarding the
proposed 2011 amendments to the Port Orchard Comprehensive Plan; and
WHEREAS, the City Council finds the proposed 2011 amendments as set forth in
this ordinance are consistent with the Port Orchard Comprehensive Plan the Countywide
planning policies, and the goals and policies of the Growth Management Act; and
WHEREAS, the City Council finds the cumulative effects of the proposed 2011
amendments is not significant and the 2011 amendments will not adversely affect public
health, safety, or welfare in any significant way; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 023-11
Page 3 of 17
SECTION i. In support of the actions taken in this ordinance, the City Council
hereby adopts as its own the following findings and conclusions:
1. The recitals set forth above;
2. The findings, conclusions, and analysis set forth in Planning Commission
Resolution No. 004-11, attached hereto and incorporated by reference as Exhibit
A; and
SECTION 2. The City Council hereby amends the text and map of the Port
Orchard Comprehensive Plan by approving and adopting the following:
1. Comprehensive Plan Text Amendment to Chapter u - Implementation: to include
policies regarding sustainability and greenhouse gases in consistency with Kitsap
Countywide Planning Polices, and State & Federal finding requirements; per
approval recommended in Planning Commission Resolution No. 004-11 (Exhibit
A), and detailed in Exhibit B, which is herein incorporated by reference.
2. Comprehensive Plan Map Correction for a single parcel near Longview Avenue to
reflect the correct zoning designation of R-8 and a Comprehensive Plan
Designation of medium density residential; per approval recommended in Planning
Commission Resolution No. 004-11(Exhibit A), and depicted in Exhibit C, which is
herein incorporated by reference.
3. Comprehensive Map Amendment updating Zoning and Comprehensive Land Use
Maps. The 2011 annexation of Sidney Road and additional smaller 2011
annexations required the update to the City of Port Orchard zoning and
comprehensive Land Use Maps to accommodate the changes to the incorporated
city limits; per approval recommended in Planning Commission Resolution No.
004-11 (Exhibit A), and depicted in Exhibit D, which is herein incorporated by
reference.
4. Comprehensive Plan Text Amendment to update Appendix G: Associated Plans
Adopted by Reference. The update of partner utility district capital facilities plans,
City capital facilities plans, school district capital facilities plans, and parks plans
for areas that have been annexed; per approval recommended in Planning
Commission Resolution No. 004-11 (Exhibit A), and detailed in Exhibit E, which is
herein incorporated by reference. The inclusion of the 2011 City Parks Plan shall be
effective upon final approval of the plan.
Ordinance No. 023-11
Page 4 of 17
SECTION n. The 2011 Comprehensive Plan text and map amendments, zoning
designations, and appendices shall be effective January 1, 2012.
SECTION 4. If any sentence, section, provision, or clause of this ordinance or
its application to any person, entity or circumstance is for any reason held invalid or
other persons, entities, or circumstances is not affected.
SECTION 5 . This ordinance shall be in full force and effect five (5) days 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 13th day of
December 2011.
A EST:
lut�A
Patricia J. ifr patrlc , MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Ja by, Nty Aftokney
Sponsored by:
Li-1'�
Rob Putaansuu, Councilmember
Ordinance No. 023-11
Exhibit A
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 004-11
A RESOLUTION OF THE CITY OF PORT ORCHARD
PLANNING COMMISSION RECOMMENDING
APPROVAL OF THE 2011 AMENDMENTS TO THE CITY
OF PORT ORCHARD COMPREHENSIVE PLAN.
WHEREAS, The Growth Management Act (GMA), RCW 36.70A requires that each city planning
under GMA must periodically review, and, if needed, revise their comprehensive plans and
development regulations every seven years to ensure compliance with the Growth Management
Act; and
WHEREAS, with the passage of the Washington State Growth Management Act in 1990,
developing communities are required to submit a comprehensive plan that outlines strategies to
accommodate the needs of a growing population. It is intended for this comprehensive plan to
be updated to reflect the changes in growth and boundaries of that growth including changes to
zoning; and
WHEREAS, in December 2008, the City of Port Orchard adopted a Comprehensive Plan update to
the June 1995 Comprehensive Plan to satisfy the requirements set forth in the Growth
Management Act to implement the goals and objectives of the City's Comprehensive Plan; and
WHEREAS, the City of Port Orchard seeks to be in compliance with the goals, policies, and
procedures of the Growth Management Act; and
WHEREAS, after proper notice, The Port Orchard Planning Commission conducted a public
hearing on Monday, September 19th, 2011 and considered public testimony to review, discuss,
and deliberate on the proposed draft Comprehensive Plan amendments.
THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON,
MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PORT ORCHARD
COMPREHENSIVE PLAN.
1. These amendments were developed in consideration of the goals of the GMA for the
development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a
careful balancing of these goals within the local conditions of the City of Port Orchard.
2. These amendments were developed from and are consistent with the Kitsap Countywide
Planning Policies (CPPs).
Planning Commission Resolution 004-11 Page 1 of 3
Ordinance No. 023-11
Exhibit A
3. The Planning Commission bases its finding and conclusions on all the testimony, oral or
written, and exhibits submitted to the Commission. Any finding that should be deemed a
conclusion, and any conclusion that should be deemed a finding, is hereby recommended
as such.
4. The Planning Commission has considered the following criteria consistent with the Port
Orchard Municipal Code and makes the following findings;
a. Circumstances in Port Orchard have substantially changed since the adoption of
the 2008 Comprehensive Plan and as amended;
b. New information is available that was not considered in the adoption of the 2008
Comprehensive Plan and as amended;
c. The proposed amendments are consistent with or support other plan elements
and/or development regulations.
d. The proposed amendments reflect the goals, objectives, and policies of the
Comprehensive Plan;
e. The proposed amendments are consistent with the Countrywide Planning Policies;
and
f. The proposed amendments are compliant with the requirements of the Growth
Management Act.
BASED UPON THE FOREGOING FINDINGS THE PLANNING COMMISSION HEREBY;
1. The Port Orchard Planning Commission approved a motion to recommend approval to the
City Council of the 2011 Amendments of the Port Orchard Comprehensive Plan dated
September 19, 2011;
2. The Port Orchard Planning Commission approved a motion to recommend approval to
the City Council of the following amendments to the 2008 Port Orchard Comprehensive
Plan Update:
a. The Port Orchard Planning Commission approved a motion to recommend
approval of an amendment to the 2008 Port Orchard Comprehensive Plan Update
to update Zoning and Comprehensive Plan maps.
b. The Port Orchard Planning Commission approved a motion to recommend
approval of an amendment to the 2008 Port Orchard Comprehensive Plan Update,
adopting amendments to Appendix G: Plans Adopted by Reference.
Planning Commission Resolution 004-11 Page 2 of 3
Ordinance No. 023-11
Exhibit A
CONCLUSIONS
Conclusions: The Planning Commission finds that the proposed changes to the
Comprehensive Plan, including revisions approved at the September 19, 2011 Planning
Commission meeting, are consistent with the objectives of the City's Comprehensive Plan;
now, therefore
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port
Orchard hereby recommends that the City Council approve and certify the 2011
Comprehensive Plan Amendments for the City of Port Orchard, as expressed in 2. a — b above.
PASSED by the Planning Commission of the City of Port Orchard this 19th day of September,
2011.
ATTEST:
City Development Director
Tim Matthes, Chairman
Planning Commission Resolution 004-11 Page 3 of 3
Ordinance No. 023-11
Exhibit B
Chapter 11. Implementation
Chapter 11, IMPLEMENTATION
.1. Implementation
The primary goal of the Port Orchard Comprehensive Plan Update is to provide for
orderly development at urban levels for parcels within the City of Port Orchard and for
parcels within the Port Orchard Urban Growth Area, the unassociated McCormick
Woods Urban Growth Area, and as the wastewater service provider only for the South
Kitsap Industrial Area (SKIA) Urban Growth Area. With its adoption, this City of Port
Orchard Comprehensive Plan Update adopts the population, methodology, analysis, and
capital facilities planning identified in the 2006 Kitsap County Comprehensive Plan 10 Year
Update and Environmental Impact Statement and will concurrently amend the Land Use
Map designations for the City of Port Orchard.
The City recognizes the need for cooperation with Kitsap County in the designation of
UGA boundaries, provision of public services, concurrency requirements and inter -local
agreements. The goals, policies and implementation strategies of this chapter are intended
to guide the future actions of affected jurisdictions. The goals and policies of this chapter
will be further accomplished by the implementation of coordinated water system plans,
storm water system management plans, sanitary sewer plans, transportation plans, capital
improvement plans, zoning changes and other actions undertaken by the jurisdictions,
either individually or jointly.
11.2. Goals and Policies
1 1.2.1 Governance
The following summarizes the key policies and implementation steps pertaining to future
governance of the sub -area.
Goal I. To establish general guidelines for orderly development
within the City of Port Orchard and future annexation
areas.
Policy IMP-1 Amend existing development regulations and the zoning map to be consistent with,
and implement, this Comprehensive Plan Update.
Policy IMP-2 Address specific issues regarding the provision of services to the Port Orchard
UGA, McCormick Woods/UUD #6 UGA and wastewater service to the South
Kitsap Industrial Area (SKIA) UGA, dispute resolution, and other issues relating to
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
Ordinance No. 023-11
Exhibit B
Chapter 11: Implementation
the implementation of this Plan through inter -local agreement(s) between the City
of Port Orchard and adjacent jurisdictions.
Policy IMP-3 The County will be the lead agency for coordinating and reviewing developments
proposals until such time as the area is annexed by the City.
Policy IMP-4 The City should provide timely notification of proposed development actions or
annexation actions that may impact adjacent jurisdictions to promote inter -
jurisdictional communication and participation.
1 1.2.2 Capital Improvements
Detailed information on the capital improvements and services necessary to meet the
adopted levels of service for the City, with identification of funding to implement the
planned facilities and urban service improvements, is set forth in the Capital Facilities Plan
Update, the 2006 Kitsap County Comprehensive Plan 10-Year Update and Environmental
Impact Statement, and by the implementation of coordinated water system plans, storm
water system management plans, sanitary sewer plans, transportation plans, capital
improvement plans, zoning changes and other actions undertaken by the jurisdictions,
either individually or jointly. The following policies set forth the general implementation
strategies for the provision of urban services.
Goal 2. To implement the necessary capital improvements
identified in Port Orchard and to ensure the timely and
efficient provision of urban services to the City, and
adjacent Urban Growth Areas.
Capital Improvements - Generally:
Policy IMP-5 The City and each provider of urban services within the sub -area will assist in the
planning, coordination and establishment of urban services and facilities to serve
the projected build out of the area.
Policy IMP-6 The City and service providers will seek opportunities for providing joint
infrastructure or combining operations to achieve greater efficiency and
effectiveness in service provision.
Water Service:
Policy IMP-7 The City of Port Orchard and the West Sound Utilities District, are the water
service providers for the City and coordinated Comprehensive Water System
Plans should be formally endorsed by resolution by each service provider,
documenting the intent to conform with all applicable utility, water service and
capital facilities plans.
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
Ordinance No. 023-11
Exhibit B
Chapter 11: Implementation
Policy IMP-8 Water service to the City should be accomplished through inter -local agreements
and be reflected in amendments to relevant utility plans of the various service
providers.
Wastewater Collection and Treatment:
Policy IMP-9 The City of Port Orchard provides wastewater collection and treatment to the
City, McCormick Woods and as the wastewater service provider to the South
Kitsap Industrial Area (SKIA). The City of Port Orchard and West Sound Utilities
District have planned the improvements to both conveyance facilities and the joint
wastewater treatment plan to accommodate the new urban development will be
implemented through the City's utility planning and inter -local agreements.
Policy IMP-10 Where future urban development in the sub -area necessitates a short extension of
the force main and construction of sewer trunks and laterals, these improvements
shall be funded, to the extent reasonably necessary to serve the proposed
development and as allowed by law, through developer extension of improvements
as part of the project permit process.
Stormwater:
Policy IMP -I I Stormwater facilities needed by new urban development in the city will be
comprised of on -site facilities provided by the developer consistent with the
requirements of the Port Orchard Stormwater Management Regulations, and the
Washington State Department of Ecology Stormwater Management Manual for the
Puget Sound Basin.
Policy IMP-12 The City of Port Orchard endorses that collaborative stormwater planning is
desirable and encourage City and County public works staffs continue to work
together to ensure comprehensive stormwater control/management for the City
and Urban Growth Areas, and identify in the process areas for coordination, joint
protections, development standards and cost estimates.
Policy IMP-13 The City and County should seek to establish uniform and consistent urban
stormwater standards and requirements for property owners and developers.
Transportation:
Policy IMP-14 The City of Port Orchard and the County should consider entering into
inter -local agreement(s) to develop recommendations regarding the future
development and maintenance of transportation facilities within the adjacent
urban growth areas.
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
Ordinance No. 023-11
Exhibit B
Chapter 11: Implementation
1 1.2.3 Economic Development
Detailed information on economic development of the City is set forth in the Economic
Development Chapter of this Plan as well as in the Port Orchard Economic Development
Plan. The chapter and Port Orchard Economic Development Plan identified specific
projects that would serve as a catalyst for the economic development for the City of Port
Orchard and would have regional impacts to the South Kitsap area. The following policies
set forth the general implementation strategies for these projects.
Goal 3. To implement the catalyst projects identified in this plan
and the Port Orchard Economic Development Plan to
ensure the future economic health of the sub -area.
Policy IMP -IS Support the creation of a South Kitsap Community Council to facilitate and
enhance communication both within the City as well as between the citizens of the
area and County, Municipal, Federal, and Tribal government and other entities
within South Kitsap.
Policy IMP-16 Encourage the prompt completion of the Bethel Road Corridor Development Plan
improvements in coordination with Kitsap Transit as a major tool to achieve local
and regional growth management objectives and furthering economic development
goals.
Policy IMP-17 Encourage and promote development of a four-year state or private university
within the City of Port Orchard or South Kitsap.
Policy IMP-18 Seek to adopt an expedited land development permit process for "Green"
development qualified by the U.S. Green Building Council LEED system as certified
"Silver" rating as a pilot project.
1 1.2.4 Timeline
It is anticipated that the Port Orchard Comprehensive Plan will take a substantial period to
be implemented and that it will be dynamic over the 20-year planning horizon. A number
of actions can be accomplished within a short timeframe, some will take much longer, and
others will involve ongoing actions with no specific completion date. It is important that
monitoring be done on a continuing basis with adjustments and amendments being made to
the plan to keep it current with changes in the sub -area and to remain consistent with
other plans that will also be amended over time.
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
Ordinance No. 023-11
Exhibit B
Chapter 11: Implementation
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
Ordinance No. 023-11
Exhibit B
Chapter it: Implementation
1 1.2.5 Sustainabili
It is anticipated that the Port Orchard Comprehensive Plan will influence numerous
aspects of the built environment through it's implementation and include sustainable
impacts over the 20-year planning horizon. Sustainability continues to be an compelling
theme for the future of the City and it's contribution to conserving resources and
supporting generations in the future.
Goal 4: The overall quality of the region's air, water, energy, and
other resources for future generations will be consistent, if not
better than -it is -today. -
Policy IMP-19 Encourage reduction of levels for air toxics fine particulates, and greenhouse gases
released into the environment. especially through transportation activities.
Policy IMP-20 Continue efforts to reduce pollutants from transportation activities, including
through the use of cleaner fuels and encouraging the purchasing of vehicles/ equipment that use
clean efficient fuels.
Policy IMP-21 Encourage the reduction of greenhouse gases by expanding the use of conservation
and alternative energy sources and by encouraging, reduction of vehicle miles traveled.
Port Orchard Comprehensive Plan Draft 2011 Comp Plan Update
•
F7
Appendix G: Plans Adopted by Reference
Appendix G:
Plans Adopted by Reference
Porl Orchard Comprehensive Plan Update: October 2011
Appendix G: Plans Adopted by Reference
PLAN OR DOCUMENT
City of Port Orchard 2009 Comprehensive Sanitary Sewer Plan Update
City of Port Orchard 2009 Sidney / Pottery Corridor Plan
South Kitsap School District 2010 - 2015 Capital Facilities Plan
West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital
Facilities Plan
City of Port Orchard 2009 Water System Plan (2011
City of Port Orchard: 2008 Comprehensive Parks Plan
2006 Kitsap County Comprehensive Plan 10-Year Update -
Kitsap County 2006 Port Orchard/South Kitsap Sub -Area Plan
City of Port Orchard 2005 Economic Development Plan
Kitsap County 2003South Kitsap UGA/ULID#6 Sub -Area Plan & EIS
Downtown Port Orchard: 1999 Suggestions for Revitalization
City of Port Orchard 1998 Pedestrian Plan
City of Port Orchard 1994 Shoreline Master Program
City of Port Orchard 1994 Ross Creek Comprehensive Management Plan
City of Port Orchard 1994 Capital Facilities Plan
City of Port Orchard 1992 Tremont Corridor Specific Plan
City of Port Orchard 1987 Blackjack Creek Comprehensive Management Plan
City of Port Orchard 2010 McCormick Village Park Plan
City of Port Orchard 2011 City Parks Plan
Port Orchard Comprehensive Plan Update: October 2011
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 December 13, 2011.
ORDINANCE NO. 023-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING THE 2oii AMENDMENTS TO THE PORT ORCHARD
COMPREHENSIVE PLAN PURSUANT TO THE STATE OF WASHINGTON'S
GROWTH MANAGEMENT ACT
Copies of Ordinance No. 023-11 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. 023-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Kitsap Sun
December 16, 2011