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029-10 - Ordinance - Adopting the 2010 Amendments to the Comp PlanIntroduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: December 14, 2010 Adopted: December 14, 2010 ORDINANCE NO. 029-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE 2010 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 WHEREAS, Port Orchard issued an Environmental Checklist, signed on September 1o, 2010, pertaining to the 2010 amendments to the Port Orchard Comprehensive Plan; and WHEREAS, on September 17, 2olo, a Determination of NonSignificance was issued for the adoption of the 2010 amendments to the Port Orchard Comprehensive Plan. The appeal period closed at 4:30 PM on October 1, 201o, and no appeals were filed; and Ordinance No. 029-10 Page 2 of 32 WHEREAS, on October 12, 2010, Port Orchard issued proposed 2olo 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 October 12, 201o, notice of all 2olo 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.1o6; and WHEREAS, after proper notice, the Port Orchard Planning Commission conducted a public hearing on Monday, November 15, 2010, in accordance with RCW 35.63.100, considered public testimony, and after discussion and deliberation recommended approval of the proposed 2010 Comprehensive Plan amendments. WHEREAS, after proper notice, the Port Orchard City Council conducted a public hearing on Tuesday, December 14, 2olo, and considered public testimony regarding the proposed 2010 amendments to the Port Orchard Comprehensive Plan; and WHEREAS, the City Council finds the proposed 2010 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 2010 amendments is not significant and the 2olo 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: 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. 007-10 and the findings and conclusions set forth in the Hearing Examiner's Recommendation dated August 18, 2oio, attached as Exhibit A, regarding the Coy site -specific land use re -designation and rezone request; and 3. The findings and conclusions set forth in Planning Commission Resolution No. oo8-1o, attached as Exhibit B regarding the city-wide amendments. SECTION 2. The City Council hereby amends the text and map of the Port Orchard Comprehensive Plan by approving and adopting the following: Ordinance No. 029-10 Page 3 of 32 r. The re -designation of the Coy property located at 1710 Pottery Avenue from the comprehensive land use designation of Low Density Residential to Commercial and from the R4.5 zone to the Business Professional zone, as depicted in Exhibit C. 2. The revisions to the Comprehensive Plan text and Land Use and Zoning Maps as set forth in Planning Commission Resolution No. oo8-ro, attached as Exhibit B and depicted in Exhibit C. SECTION q. The 2010 Comprehensive Plan text and map amendments, zoning designations, and appendices shall be effective January r, 2011. 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 unconstitutional, the remainder of the ordinance, or the application of the provision to other persons, entities, or circumstances is not affected. SECTION S . 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 Clerk in authentication of such passe A ST: Patricia J. Kir atrick, MC, City Clerk APPROVED AS TO FORM: Gregory A. a by, CH Attornev Sponsored by: Rob Putaansuu, Councilmember Ordinance No. 029-10 Exhibit A CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 007-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF THE 2010 AMENDMENT, REQUESTED BY KIM COY, 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 has 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 Cites 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, Kim Coy, submitted a timely request for an amendment to the City of Port Orchard Comprehensive Plan for a property at 1710 Pottery Avenue to a Land Use Designation of Commercial and 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, November 15th, 2010 and considered public testimony to review, discuss, and deliberate on the proposed draft Comprehensive Plan amendment. Planning Commission Resolution 007-10 Page 1 of 3 Ordinance No. 029-10 Exhibit A THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON, MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PORT ORCHARD COMPREHENSIVE PLAN. 1. This amendment was 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. This amendment was developed from and is consistent with the Kitsap Countywide Planning Policies (CPPs). 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; b. The applicant has requested a Comprehensive Plan designation change fof the site located at 1710 Pottery Avenue. c. During the testimony in front of the Hearing Examiner the applicant is requesting a concurrent zoning designation of Business Professional, d. Business Professional zoning is a transitional zoning designation between Residential and Commercial and is appropriate for the site. e. New information is available that was not considered in the adoption of the 2008 Comprehensive Plan; f. The proposed amendment is consistent with or supports other plan elements and/or development regulations. g. The proposed amendment reflects the goals, objectives, and policies of the Comprehensive Plan; h. The proposed amendment is consistent with the Countrywide Planning Policies; and i. The proposed amendment is 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 2010 Kim Coy, fn: CA35-10, Port Orchard Comprehensive Plan change request for the parcel at 1710 Pottery Avenue. Update dated November 15, 2010; Planning Commission Resolution 007-10 Page 2 of 3 Ordinance No. 029-10 Exhibit A CONCLUSIONS Conclusions: The Planning Commission finds that the proposed change to the Comprehensive Plan, including revisions approved at the November 15, 2010 Planning Commission meeting, is consistent with the objectives of the City's Comprehensive Plan. A recommendation from the Hearing Examiner supporting either Commercial or Business Professional Zoning was issued on August 18th, 2010. In support and in addition to the recommendation of approval for zoning by the Hearing Examiner, the Planning Commission considered the appropriate zoning for the transition between Commercial and Residential designations and recommended that Business Professional (BP) would be the most appropriate for the site; 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 Kim Coy, fn: CA-35- 10, Comprehensive Plan Amendment request for the City of Port Orchard, the Planning Commission recommends to the City Council that a zoning designation of Business Professional be applied to the parcel as well as a Comprehensive Plan Designation of Commercial, concurrent with this Comprehensive Plan Amendment. PASSED by the Planning Commission of the City of Port Orchard this 15th day of November, 2010. ATTEST: Weaver, City Development Director b-- Lu, Bek Ashby, Chairman Planning Commission Resolution 007-10 Page 3 of 3 BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ORCHARD In the Matter of the Application of ) Kim Coy ) For Approval of a Rezone ) Ordinance No. 029-10 Exhibit A RECEIVED AUG 18 2010 No. R-1173 CITY OF PORT' ORCHARD Coy Rezone PLANNING DEPARTMENT FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the City Council APPROVE the request for a rezone from R 4.5 to either Commercial or Business Professional for a 0.68-acre parcel located at 1710 Pottery Avenue, in Port Orchard, Washington. SUMMARY OF RECORD Request: Kim Coy, Conner Hearing Aid Clinic, requests a rezone of a 0.68-acre parcel from R4.5 to Commercial. The property is located at 1710 Pottery Avenue, in Port Orchard, Washington. Hearing Date: The Hearing Examiner held an open record hearing on the request on August 5, 2010. Testimony: The following individuals presented testimony under oath at the open record hearing: Tom Bonsell, City Planner James Weaver, Planning Director Attorney David Horton represented the Applicant at the hearing. Exhibits: The following exhibits were admitted into the record: 1. Pre -Application letter, dated January 4, 2010 2. Application submittal, including the following documents: A. Application, dated June 7, 2010 B. Contact Information, dated June 7, 2010 C. Legal description D. Project narrative, dated June 7, 2010 E. Property owners list verification, map, and mailing list, dated June 7, 2010 F. SEPA Checklist Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No, R-1173 Page I of]] Ordinance No. 029-10 Exhibit A G. Statement addressing decision criteria H. Site Plan 1. Vicinity Map J. Site photos 3. Kitsap County Property Report and Parcel Map, dated June 9, 2010 4. Application transmittal letter, dated June 10, 2010 5. Notice of complete application, Determination of completeness, dated June 15, 2010 6. Comments from South Kitsap Fire & Rescue — Greg Rogers, dated June 23, 2010 7. Notice of Application — SEPA Threshold Determination, dated June 25, 2010 8. Affidavit of publication: NOA/SEPA threshold determination, dated June 25, 2010 9. Affidavit of mailing & posting: NOA/SEPA threshold determination, dated June 25, 2010 10. Record of distribution to Agencies: NOA/SEPA Threshold Determination and SEPA Checklist, dated June 25, 2010 11. Determination of Nonsignificance, dated July 13, 2010 12. Record of distribution to Agencies and Interested Parties: DNS, dated July 13, 2010 13. Acknowledgement letter from CTED: receipt of DNS, dated July 13, 2010 14. Affidavit of publication: Hearing notice, dated July 23, 2010 15. Affidavit of mailing and posting: Hearing notice, dated July 23, 2010 16. Staff report, prepared for August 5, 2010 hearing The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS Kim Coy (Applicant), owner of Conner Hearing Aid Clinic, requests a zone reclassification (rezone) of a 0.68-acre parcel from R 4.5 to Commercial. The property is located at 1710 Pottery Avenue, in Port Orchard, Washington.' Exhibit 2.A; Exhibit 2.D; Exhibit 2.G; Exhibit 16, .Staff Report, page !. 2. The City of Port Orchard (City) accepted the rezone application on June 9, 2010, and transmitted notice of the application to relevant agencies on June 10, 2010. The City determined that the rezone application was complete on June 15, 2010. On June 25, 2010, the City mailed notice of the application and threshold environmental determination to owners of property surrounding the subject property; posted notice on the subject property; and published notice of the application in the Port Orchard Independent. On July 23, 2010, the City posted notice of the open record hearing associated with the application; mailed notice to surrounding property holders in accordance with City ordinances; and published notice of the hearing in the Pori Orchard The subject property is identified by tax parcel nwnbers 342401.4-028-2007. Exhibit 1.A; Exhibit 2.C; Exhibit 16, Staff Report, page /. A legal description is included with the rezone application. Exhibit 2.C. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Co), Rezone, No. R-1/ 73 Page 2 of I I Ordinance No. 029-10 Exhibit A Independent. Exhibit 4; Exhibit 5; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10; Exhibit 14; Exhibit 15; Exhibit 16, Staff Report, pages 2 and 5. 3. The City acted as lead agency to analyze the environmental impacts of the proposed rezone, as required by the State Environmental Policy Act (SEPA). After review of the Environmental Checklist and other information on file, the City determined that with compliance with federal, state, and local regulations, the rezone would not have a probable significant adverse impact on the environment. The City issued a Determination of Nonsignificance (DNS) on July 13, 2010. City Planner Tom Bonsell testified that City did not receive any comments or appeal of the DNS. Exhibit 11; Exhibit 12; Exhibit 16, Staff Report, pages 2 and 5; Testimony of Mr. Bonsell. 4. The property is currently zoned R 4.5, as are surrounding properties to the north and west. Properties to the east are zoned R 8. Properties to the south are zoned Commercial. The City's Comprehensive Plan designates the subject property and surrounding properties to the north and west as Low Density Residential. Properties to the east are designated Medium Density Residential. Properties to the south are designated Commercial. Properties to the north, east, and west are developed with single-family residences. Properties to the south are developed with commercial uses and health care services. Exhibit 2.A; Exhibit 21D; Exhibit 2.G; Exhibit 3; Exhibit 16, Staff Report, pages 2 and 5; See also City Comprehensive Plan Tremont Corridor Land Use Map. 5. The current R 4.5 zone allows for development at a density of up to 4.5 dwelling units per net usable acre.2 The primary purposes of the R-4.5 zone are to "(a) Provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area; and (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy." Port Orchard Municipal Code (POMC)16.13.120(1). The Applicant submitted a Project Narrative describing the proposed use as a hearing aid clinic. The City Staff Report classifies the proposed use as "office/patient clinic." This use is not permitted within the R 4.5 zone. POMC 16.30.040; Exhibit 2.D; Exhibit 16, Staff Report, pages 1 and 4. 6. The purpose of the Commercial (Co) zone is to "provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the Port Orchard and surrounding market areas and offering significant employment opportunities." POMC 16.13.150(1). These purposes are accomplished by "Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas." POMC 16.13.150(2)(a). The Co zone is appropriate where designed by the comprehensive plan when such areas are ' Net usable site area is defined as "the total site area less sensitive environmental features (equal to gross useable site area) and dedications as these areas are dermed elsewhere in this code" POW 16A0.040. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. RJ173 Page 3 of 11 Ordinance No. 029-10 Exhibit A served by adequate public sewers, water supply, roads, and other needed public facilities and services; and where "Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads." POMC 16.13.150(3). The Co zone mandates maximum lot coverage of 85 percent, and minimum landscaping coverage of 15 percent. The Co zone requires a ten -foot wide street right-of-way setback, and a five-foot wide setback from adjacent residential zones and from adjacent nonresidential zones. The City Code does not specify a minimum lot size for the Co zone. POMC 16.40.025. The proposed hearing aid clinic, classified as "office/patient clinic" is a permitted use in the Co zone, as are other health services, including nursing and personal care facilities, medical/dental lab, and miscellaneous health. Hospitals are not permitted in the Co zone. POMC 16.30.040; Exhibit 16, Staff Report, pages 4 and 5. Govemmentlbusiness service land uses permitted in the Co zone include construction and trade; transportation service; automotive rental and leasing; research, development and testing; and commercial/industrial accessory uses. POMC 16.30.030. General services land uses permitted in the Co zone include daycare; veterinary clinic; automotive and boat service and repair; and health services. POMC 16.30.040. Manufacturing land uses permitted in the Co zone include food processing; furniture and fixtures; printing and publishing; and fabricated metal products. POW 16.30.050. Recreational and cultural land uses are permitted in the Cc zone, including theaters; bowling centers; and amusement arcades. POW 16.30.060. Hotels/motels, bed and breakfasts, and accessory residential living quarters are permitted residential land uses in the Co zone. POMC 16.30.080. A wide range of retail land uses are also permitted in the Co zone. POW 16.30.100. In addition to the permitted land uses, a wide range of land uses are allowed as a conditional use or with an administrative permit. POMC 16.30.030 - .100. 8. City Planner Mr. Bonsell testified that the Business Professional zone might be more appropriate to the property. Testimony of Mr. Bonsell. The purpose of the Business Professional (BP) zone "differs from general commercial designations in that business professional limits the amount, size and type of retail uses. This designation is intended to support major employment centers such as Harrison Hospital and surrounding hospital/medical district and the Kitsap County administration campus, while serving as a transition with adjacent residential neighborhoods." POMC 16.13.200(1). The purposes of the BP zone are accomplished by "providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas." POMC 16.13.200(2)(a). The BP zone is appropriate where designated by the comprehensive plan; where areas are provided safe vehicle, transit, bicycle, and pedestrian access; and where traffic management is required. POW 16.13.200(3). Attorney David Horton spoke on behalf of the Applicant to agree that the BP zone could be an appropriate zone for the subject property. Statement of Mr. Horton. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 4 of 11 Ordinance No. 029-10 Exhibit A 9. Chapter 36.70A Revised Code of Washington (RCW) mandates that zoning classifications should be consistent with Comprehensive Plan designations. Mr. Bonsell testified that the City Council will review the Applicant's request to amend the Comprehensive Plan designation as part of a docket of Comprehensive Plan amendments. He explained that the rezone would not be approved if the City Council does not approve the Comprehensive Plan change by the end of the year 2010. Testimony of Mr. Bonsell. 10. According to the December 2009 Final Comprehensive Plan, the economic centers of the City provide centralized retail, professional office facilities, tourist and related services. The commercial zoning designation provides the most comprehensive list of uses that support the goals and policies of not only economic sections of the Comprehensive plan and also supports a portion of the housing goals by providing the framework for creation of affordable housing units. The Commercial Comprehensive Plan designation includes zoning designations of Mixed -use, Commercial and Business Professional. City Comprehensive Plan, Land Use Element (December 2009). 11. The City Staff Report states that proposed rezone would be consistent with the Comprehensive Plan goals and policies, and with the City's long-term Comprehensive Plan direction. Exhibit 16, Staff Report, pages 2 and 4. Planning Director James Weaver testified that in 2008, the surrounding area was designated Commercial, along with an overlay area for intensive development. The intent was to locate health care services in the same area. However, Sunset Lane residents objected to a change in the Comprehensive Plan designation. Testimony of Mr. Weaver. Sunset Lane West runs east / west to the north of Clay Lane. The Sunset Lane residential area is now surrounding by commercial and business professional zones to the north and south. Harrison Hospital lies to the north of Tremont Street West, north of Sunset Lane West, and is on property designated Community Facility. See, City Comprehensive Plan, Tremont Corridor District Land Use Map. Thus, the residential area is now an island which will become commercial as ownership changes or in 2012, when the Comprehensive Plan review is scheduled. Mr. Weaver testified that the transition to a commercial zone is consistent with the Comprehensive Plan goals and policies for the Tremont area, where the subject property is located. Mr. Weaver identified Tremont Corridor Overlay District Goal 14 and Policy POI.U-61 as particularly relevant to the rezone request. Testimony of Mr. Weaver. 12. City Comprehensive Plan Land Use Element Goal 14 for the Tremont Corridor Overlay District encourages development within the area that supports the major hospital and medical installations (Harrison Hospital and Group Health) and assists the emergency response agencies in the corridor (South Kitsap Fire District). Policy POI.U61 encourages professional and office uses that support the medical industry and create pedestrian oriented health care focus. City Comprehensive Plan, Chapter 2. Land Use, page 2-28. Findings, Conchisions, rind Recommendmton City of Port Orchard Nearing Ermniner Coy Rezone, No. R-1/ 73 Page 5 of 11 Ordinance No. 029-10 Exhibit A 13. Clay Street runs east / west along the northern property boundary. Pottery Avenue runs north / south along the eastern property boundary. The property is developed with a single-family residence, a garage, a covered storage area, and a gravel parking area. No changes to the existing structure are proposed. The Applicant would provide five parking spaces, including handicapped access parking, as described in the proposed site plan. Mr. Bonsell testified that adequate parking would be provided on the site. The Applicant anticipates that two people would work in the proposed hearing aid clinic. There are no critical areas on -site. Exhibit 2.D; Exhibit 2.F; Exhibit 2.H; Exhibit 3; Testimony of Mr. Bonsell. 14. City Planner Mr. Bonsell testified that landscaping is necessary to buffer adjacent residential uses from the proposed use. The Applicant would provide a landscaping plan in conformance with POMC Section 16.50.100 prior to approval of a Certificate of Occupancy.3 Exhibit 16, Staff Report, page S; Testimony of Mr. Bonsell. 15, Greg Rogers, Fire Prevention Manager, wrote a letter to Mr. Bonsell, dated June 23, 2010, in response to the proposed rezone. The letter included comments and stipulations regarding any future construction and requiring final inspection of the property prior to ' POMC 16.50.100 provides that: (1) Perimeter landscaping along interior lot lines and between zones shall be as provided within Table 16.50.296, Landscape Design Requirements. Perimeter landscaping may be modified where appropriate by the planning director to account for aboveground subregional utility developments and distribution or transmission corridors or other utilities and infrastructure. (2) Urban buffers shall be landscaped based on the extent to which the activity is to be screened from adjacent uses in accordance with the categories identified below. However, common standards applied to all buffer areas include: (a) Within the landscape buffer areas about the property, particularly along secondary access roads and around parking lots that do not abut the public pedestrian walkway or trail corridors, site plantings should be grouped to simulate natural stands and should not be planted symmetrically or of even spacing. (b) Landscape designs should reflect natural planting materials and settings that are representative of the local and regional landscape. (c) Where practical and feasible, buffer areas should retain existing larger trees and vegetation to maintain continuity with adjacent greenways and natural areas. (d) Within higher density residential developments, buffers or open spaces may be grouped into common open space areas that define building placements, provide visual accents, preserve landscape or landform features, or house common activity areas. (3) Urban Buffers with Filtered Screening. Urban buffers to be filter screened are the perimeter landscape areas provided between nonresidential land uses within the commercial (Co), mixed use (Mxd), employment (Eo), and community facilities (Cf) zones. These buffers shall function as a visual separator between uses within these zones. The plant materials and design may mix evergreen and deciduous trees and shrubs to create a filtered screen effect. (4) Urban Buffers with Full Screening. Urban buffers to be fully screened are the perimeter landscape areas provided between residential and nonresidential zones. These buffers shall function as a visual barrier to obscure views of incompatible activities and improvements. The plant materials and design may include a mix of primarily evergreen trees and shrubs to form an effective full screen effect. Findings, Conclusions, and Recommendation City of Pot Orchard Hearing Examiner Coy Rezone, No. R- i 173 Page 6 of 11 Ordinance No. 029-10 Exhibit A issuance of a Certificate of Occupancy. The City Staff Report states that future development on the property would be reviewed for compliance with the City code and development standards, including stormwater, parking, and other requirements. Exhibit 6; Exhibit 16, Staff Report, pages 3 and d. 16. The Applicant's Environmental Checklist slates that the proposed use would not result in an increased need for public services, and that no utility construction is required. Exhibit 2.F. The Applicant addressed the rezone criteria, stating that approving the rezone would allow a business that would contribute to public health and welfare and would provide a necessary service to the community as a whole. Exhibit 2.G. 17. Mr. Bonsell testified that the area where the property is located is in transition from residential to commercial uses. Harrison Hospital is nearby to the north, and the area will eventually become a commercial zone. Properties in the area have been sold for health care purposes. Mr. Bonsell noted that Sunset Lane to the north is a truly active residential area that wishes to remain residential. Property owners to the east and west are not opposed to the Comprehensive Plan amendment to Commercial designation. An office complex with health services lies to the south of the property. The City Staff Report describes Harrison Hospital as an anchor for health care uses. The area contains numerous health clinic and health services. Adjacent property to the south contains two buildings leased to doctors, eye clinics, and dentists. Mr. Bonsell testified that the property feels like a commercial zone, in which single-family residential use is unusual. Exhibit /6, S/ajf Report, page 3; Testimony of Mr. Bonsell. 18. Mr. Horton testified for the Applicant that the property was purchased at the time the Commercial designation was proposed. He noted that there has been no opposition to the rezone of the subject property, as it is located adjacent to property zoned Commercial. Testimony of Mr. Horton. Mr. Bonsell testified that the Planning Department considered the proposed rezone to be consistent with City criteria. The Planning Department recommends approval of the proposed rezone. Exhibit 16, Staff Report, page 5; Testimony of Mr. Bonsell. CONCLUSIONS Jurisdiction The City of Port Orchard Hearing Examiner has jurisdiction to hold a hearing on rezone applications that are not part of the Comprehensive Plan Amendment process. Based on the evidence in the record, the Hearing Examiner may recommend that the City Council approve, approve with modifications, or deny the application. Port Orchard Municipal Code (POMQ 2.76.080; POMC 2.76.100; POMC 2.76.110; POMC 16 01.02](3). When reviewing a rezone application, the Hearing Examiner does not review development proposals. Rather, the role of the Hearing Examiner is to review the rezone request to ensure compliance with the rezone criteria found in POMC 16.25.060. The City Council then reviews Findings, Conclusions, and Reconmiendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 7 of 11 Ordinance No. 029-10 Exhibit A the Hearing Examiner's recommendation in a closed record hearing to ensure that no mistakes have been made by the Hearing Examiner. An "open record hearing" is defined as a "hearing, conducted by the hearing examiner that creates the City's official record through testimony and submission of evidence and information." POMC 16.08.520. In contrast, the closed record hearing to be held by the City Council does not allow for the submittal of new evidence or testimony. See POMC 16.08.138. If the City Council determines that no mistake has been committed by the Hearing Examiner, the City Council would likely approve the Hearing Examiner's recommendation. If the Council amends or rejects the findings of the Hearing Examiner, it should do so only with specific reference to exhibits or testimony in the record that support the rejection or amendment. If the Council believes a mistake was made in a conclusion, it is suggested the Council also review the underlying support for that conclusion to determine specifically how it fails to provide support. Conclusions should only be modified or rejected if the reference in support of the conclusion fails to provide substantial evidence in support of the conclusion. Criteria for Review Port Orchard Municipal Code (POMC) 16.25.060 sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: (1) The reclassification is substantially related to the public health, safety, or welfare; and (2) The reclassification is warranted because of changed circumstances or because of a need for additional property in the proposed land use zone classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and (3) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and (4) The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property or incompatible with such uses; and (5) The reclassification has merit and value for the community as a whole; and (6) The reclassification is in accord with the comprehensive plan; and (7) The reclassification complies with all other applicable criteria and standards of the Port Orchard Municipal Code. POMC 16.25.060. Either substantially changed conditions or a substantial relationship to public health, safety, or welfare, may alone justify a rezone. Although community opposition may be considered, it may not be the underlying reason for denial of a rezone. Parkridge v. Seattle , 89 Wn.2d 454, 573 P.2d 359 (1978). Proof of changed circumstances are not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). Property may be rezoned consistent with the comprehensive plan even Findings, Conclusions, and Recommendation Chy of Part Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 8 of I l Ordinance No. 029-10 Exhibit A when the ordinance implementing the comprehensive plan amendment allowing the proposed use has not yet been adopted. Homeowners Assn v. Cloninger & Associates, 151 Wn.2d 279 (2004). Conclusions 1. The rezone is substantially related to the public health, safety, or welfare. The City provided appropriate notice of the rezone application and associated open record hearing. The proposed rezone would allow for development with a broad range of uses to support the nearby hospital and health care services, in compliance with the City Comprehensive Plan goals and policies for the Tremont Corridor. The City Council will review the potential impacts of an increased range of uses with review of the Commercial land use designation. The proposed rezone will be consistent with the Comprehensive Plan assuming the City Council adopts the requested amendment. Property may be rezoned consistent with the comprehensive plan even when the ordinance implementing the comprehensive plan amendment allowing the proposed use has not yet been adopted. Homeowners Assn v. Cloninger & Associates, 151 Wn.2d 279 (2004). The City analyzed the potential environmental impacts of the proposed rezone, and determined that it would not result in probable significant adverse environmental impacts. Any future development of the property would be reviewed for compliance with City requirements, including transportation, fire safety, public utilities, erosion control, and stormwater drainage standards. Findings 2, 3, 6, 8, 12, and 16. 2. The rezone is warranted because of changed circumstances. The Applicant, City Planner, and City Staff Report all describe the subject property as located in an area of transition from residential to commercial uses. Neighboring properties have been leased to health care clinics and services that support and complement Harrison Hospital to the north. City staff testified, and the Applicant agreed, that the Business Professional zone may be more appropriate to the subject property. The Commercial zone would allow the broadest mix of retail, service, office, and commercial recreation/cultural uses. The Business Professional zone is intended for transitional areas from residential to commercial, and would allow development that supports major employment centers such as Harrison Hospital. With either the Commercial or Business Professional zones, the proposed rezone would allow professional and office uses that support the medical industry and Harrison Hospital, consistent with the City Comprehensive Plan goals and Policies for the Tremont Corridor Overlay District. The area in which the subject property is located has experienced changed circumstances, and a rezone to Commercial or Business Professional would recognize this. Furthermore, proof of changed circumstances is not required for a rezone if the proposed rezone and associated development implement policies are contained in the comprehensive plan. Bjarnson v. Kilsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The proposed rezone would implement policies contained in the comprehensive plan. Approval of the rezone is conditioned upon City Council Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 9 of I Ordinance No. 029-10 Exhibit A approval of the Comprehensive Plan amendment before the end of 2010. Findings 4 — 12, 17, and 18. 3. The subject property is suitable for development. The subject property currently contains a single-family residence, which would be retained and converted to office use. Vehicles would access the property through Pottery Avenue. Adequate parking would be provided on -site. There are no critical areas on the property. The City reviewed the environmental impacts of the proposed rezone and determined that approval would not result in probable significant adverse impacts. Future development would be reviewed for consistency with City code and development standards. Findings 3, 13, 15, and 16. 4. The rezone will not be materially detrimental to or incompatible with uses and properties in the immediate vicinity. The area in which the property is located is in transition from residential to commercial uses. Although nearby residential owners have objected to the transition to commercial uses in the past, there has been no opposition to the present rezone request. The area appears to observers as if it already carries a Commercial zoning: uses and properties in the immediate vicinity of the subject property cater to health care related services. Harrison Hospital is located nearby to the north. Adjacent property to the south is developed to provide health care services. The Commercial zone would provide the broadest mix of uses. The Business Professional zone would limit potential uses to allow transition from residential to commercial uses. The Applicant would provide landscaping to buffer the property from adjacent residential uses. Findings 4, 6, 8, 10 —12, 14 —18. 5. The rezone has merit and value for the community as a whole. Rezone to Commercial would allow development with the broadest mix of uses. Rezone to Business Professional would allow development to support Harrison Hospital while providing a transitional area between nearby residential uses and commercial uses. Approval of a rezone to either Commercial or Business Professional would allow professional and office uses that support the existing medical industry and Harrison Hospital. The proposed use would provide a needed hearing aid clinic to the community. Future development would be reviewed to ensure compliance with the City code and development regulations. Findings 1, 5 — 8, 10, 11 —13, 15 —18. 6. The rezone is in accordance with the Comprehensive Plan and complies with the City code. The Comprehensive Plan goals and policies encourage professional and office uses in the Tremont Corridor to support the medical industry, and Harrison Hospital in particular. Approval of the rezone to either Commercial or Business Professional would allow uses to support health care services. Approval of the rezone is conditioned upon City Council approval of the associated Comprehensive Plan amendment by the end of this year. Future development would be reviewed at the time of application to ensure compliance with City code and development regulations in effect at that time. Findings 5, 6, 8 —12, 15 —18. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 10 of/1 Ordinance No. 029-10 Exhibit A RECOMMENDATION Based on the above findings and conclusions, the Hearing Examiner recommends that the City Council APPROVE the request for a rezone from R4.5 to either Commercial or Business Professional for a 0.68-acre parcel located at 1710 Pottery Avenue, in Port Orchard, Washington. The recommended approval of the rezone request is conditioned upon City Council approval of a Comprehensive Plan amendment Land Use Designation to Commercial by the end of the current 2010 docket year. Recommended this day of August 2010. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-I173 Page I l of I I 01 --- Ordinance Nl B � qq oeY. z� I a� 8 R azr?® n R a e / "t 3f W MV AH1 Od 3 I i Z�Z I o � Q = = Z _v 0=� Zzx 0" w N U0 0 a a ;I• g Y — I� r � C I sa § ILI— -. IS kk a� Ordinance No. 029-10 Exhibit B CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 008-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF THE 2010 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, November 15th, 2010 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 008-10 Page 1 of 3 Ordinance No. 029-10 Exhibit B 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; b. New information is available that was not considered in the adoption of the 2008 Comprehensive Plan; 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; The Port Orchard Planning Commission approved a motion to recommend approval to the City Council of the 2010 Amendments of the Port Orchard Comprehensive Plan dated November 15, 2010; 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, including the 2010-2015 South Kitsap School District Capital Facilities Plan and the McCormick Village Park Master Plan. Planning Commission Resolution 008-10 Page 2 of 3 Ordinance No. 029-10 Exhibit B Conclusions: The Planning Commission finds that the proposed changes to the Comprehensive Plan, including revisions approved at the November 15, 2010 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 2010 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 15th day of November, 2010. ATTEST: City Development Director k-�V Bek Ashby, Chairman Planning Commission Resolution 008-10 Page 3 of 3 .401 d 0 o R7 d py Q c p C p f+ O U W 2 tq x LL Z• m << SID a u 2 m m &�# � $tip. da U x u LL IL S 5 6 " Q i 0 S Fit £g���� � y I Appendix G: Pl ptjql W(ftow Exhibit C Appendix G. Plans Adopted by Reference Port Orchard Comprehensive Plan Draft Update: October 2010 Appendix G: Pl0jzRI4gptz;l hJoRgjQ@w$ Exhibit C 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 2008 Water System Plan 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 2006 Economic Development Plan Kitsap County 2003South Kitsap UGA/ULID#6 Sub -Area Plan 8: 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 Port Orchard Comprehensive Plan Draft Update: October 2010 N].11)4�le1�IN4 The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 14, 2010. ORDINANCE NO. 029-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE 2oio AMENDMENTS TO THE PORT ORCHARD COMPREHENSIVE PLAN PURSUANT TO THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT Copies of Ordinance No. 029-10 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. 029-10 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent December 24, 2010