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005-08 - Ordinance - Correcting Scrivener's Errors in Ord. 046-07 Regarding Establishment of Land Use Regulatory Code[Q R 01 iVA 014 410l��i�I��•�[�Ii� AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO. 046-07 REGARDING THE ESTABLISHMENT OF LAND USE REGULATORY CODE WHEREAS, on December 19, 2007 the city Council passed Ordinance No, 046-07 for the purpose of establishing Land Use Regulatory Code and creating a new chapter 16.04 in the Port Orchard Municipal Code; and WHEREAS, Section 1 of Ordinance No. 046-07 contains scrivener's errors because it should have referenced the creation of a new Port Orchard Municipal Code Chapter 16.05; and WHEREAS, the purpose of this Ordinance is solely to correct the scrivener's errors and not change the substance of the provisions and thus prior review by the Washington State Department of Community Trade and Economic Development is not necessary; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS. SECTION 1. Section 2 of Ordinance No. 046-07 is hereby amended to read as follows; Chapter 16.05 Comprehensive Plan and Amendments Sections: 16.05.010 Purpose. 16.05.020 Comprehensive plan — annual amendment — exceptions. 16.05.030 Types of comprehensive plan amendments. 16.05.040 Application and criteria. 16.05.050 Amendments — initiation. 16.05.060 Docket process. 16.05.070 Plan amendment process. 16.05.080 Public notification. 16.05.010 Purpose. This chapter provides for a unified process for amending the City of Port Orchard's comprehensive plan ("comprehensive plan" j on an annual basis as required by law. 16.05.020 Comprehensive plan — anneal amendment — exceptions. (1) The comprehensive plan of the City of Port Orchard is the current or any future plan adopted pursuant to Chapter 36.70A RCW (the "Growth Management Act'. The comprehensive plan includes all subsequent annual amendments. Ordinance No. 005-OB Page 2of5 (2) Proposed amendments to the comprehensive plan shall be processed pursuant to this chapter. (3) RCW 36.70A.130 allows annual amendment of the comprehensive plan; except that amendments to the comprehensive plan may be considered more frequently to address the following: (a) Resolution of an emergency condition or a situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare; (b) Initial adoption of an identified sub area plan designed to comply with the Growth Management Act and to be consistent with the City's comprehensive plan; (c) An appeal of the plan filed with the Growth Management bearings Board or with the court; (d) The adoption or amendment of a shoreline master program under Chapter 90.58 RCW; (e) An amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the City's budget; (f) Adoption of comprehensive plan designation(s) associated with an annexation and occurs in conjunction with the adoption of the City budget; intended to take effect upon annexation, or another date specified; or (g) Resolution by decision of an administrative agency, or court of competent jurisdiction. (4) Determination of an exception to the annual amendment process shall be made by the City Council after recommendation by the planning commission. 16.05.030 Types of comprehensive plan amendments. (1) Site -Specific or Project -Specific Comprehensive Plan Amendments. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for a proposed amendment to the comprehensive plan relating to a site -specific or project specific proposal affecting the official map of comprehensive plan land use designations. Site -specific proposals must be filed concurrently with an application for a rezone for the subject site. (2) City -Wide Comprehensive Plan Amendments. Proposals that broadly apply to the goals, policies and implementation strategies of the comprehensive plan, rather than amendments designed to address site -specific issues of limited applicability. These are typically suggestions for changes to the comprehensive plan tent. 16.05.040 Application and criteria. (1) Applications for comprehensive plan amendments shall be submitted to the Planning Department on a form provided by the City. Each application for a comprehensive plan amendment shall require the following: (a) A detailed description of the proposed amendment in non -technical terms. (b) An official, complete Port Orchard comprehensive plan amendment application that includes; (i) Name and address of applicant; (ii) Description of proposed plan amendment and associated development Ordinance No. 005-08 Page 3 of 5 proposals (if applicable). Project -related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed plan amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, and public facilities and services; (iii) Map (if appropriate) showing area(s) affected by proposed plan amendment; and (iv) Application and public notice fee as determined by the City's fee schedule. (c) If requesting an amendment to the future land use map, a site plan that is accurate, legible and drawn to scale that provides the following: (i) The existing dimensions and lot size, proposed dimensions and lot size; (ii) Identify adjacent streets, existing and proposed access; (iii) Identify existing and proposed structures and distances to property lines; (iv) Location of proposed alterations or improvements; (iv) Location of any critical areas and their buffers on or near the site; (vi) Location of any open space or preservation areas; (vii) Location of any significant trees; (viii) If possible, locate drainage channels, sewer and water lines; (ix) Identify existing and proposed easements; and (x) Elevation plans, if applicable. (2) Before an amendment to the comprehensive plan is approved, the following minimum requirements must be met: (a) All proposed comprehensive plan amendments: (i) Shall be consistent with the overall goals and intent of the comprehensive plan; and (ii) Shall be consistent with the Growth Management Act and other applicable law; and (iii) Must be weighed in light of cumulative effects of other amendments being considered. (b) City-wide comprehensive plan amendments (i) Shall not adversely affect public health, safety, or welfare in any significant way; and (ii) Shall address needs or changing circumstances of the City as a whole or resolve inconsistencies between the City of Port Orchard comprehensive plan and other City or other jurisdictions" plans or ordinances; and (iii) All known environmental impacts must be disclosed and/or measures must be included that reduce possible adverse impacts. (c) Site -specific or project -specific comprehensive plan amendments: (i) Shall be consistent with the land uses and growth projections which were the basis of the comprehensive plan or to subsequent updates to growth allocations; and (ii) Shall be compatible with neighboring land uses and surrounding Ordinance No. 005-08 Page 4 of 5 neighborhoods; and (iii) Shall not cause adverse impacts to public services or facilities, or, if applicable, other properties in the vicinity, unless such impacts are reasonably mitigated; and (iv) Any proposed rezone must meet the criteria of POMC 19.25.060. 16.05.050 Amendments _ initiation. (1) The City Council, the mayor, or the planning commission may direct the Planning Director to prepare an application for a comprehensive plan amendment. The Planning Director is authorized to initiate the process for annual amendments to the comprehensive plan. The Planning Director may initiate the process for annual amendments to the comprehensive plan on behalf of a private party that has filed a completed application consistent with the criteria established in POMC 16.04.040. (2) The Planning Director may prepare implementing development regulations to accompany any proposed comprehensive plan amendments. (3) The Planning Director shall docket and process each application as provided herein. 16.05.060 Docket process. The Planning Director shall prepare and administer a preliminary docket listing each application and containing written comments on proposed comprehensive plan amendments. Any interested party, including applicants, citizens and government agencies, may submit items to the docket. (1) All comprehensive plan amendment applications must be completed and submitted to the planning department by 5:00 p.m. on February 1st of any year in order to be considered during that year's amendment process. Completed applications that are received after the submission date will be placed on the docket for the following calendar year. Applications that are incomplete will be returned to the applicant. (2) By March 15th of each year, the Planning Director shall compile and maintain for public review a recommended final docket for project- or site -specific amendments and for Citywide amendments, including any proposed development regulations necessary to implement such amendments. The Planning Director shall base these docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendment as well as the planning department staff and budget availability to accommodate the public review process. (3) The Planning Director shall provide notice of the recommended final dockets as provided in POMC 16.01.060. (4) The Planning Director shall provide the recommended final docket of site- or project - specific amendments and City-wide comprehensive plan amendments, along with a brief description of each suggested plan amendment to the City Council for review and consideration. The City Council, after considering the Planning Director's recommended final dockets, shall adopt the final docket for the current year plan amendment cycle no later than June 1st of each year. 16.05.070 Plan amendment process. Upon adoption of the final docket, the annual plan amendment process shall be consistent with the general process and schedule for applications as described in POMC 16.06.060. The planning commission shall make its recommendation to the City Council prior to September 15th of the Ordinance No. 005-08 Page 5 of 5 current year. The City Council shall make a final decision on each proposed amendment by December 15th of the current year. 16.05.080 Public notification. (1) Upon receipt of each application for a comprehensive plan amendment, the Planning Director will provide public notice as provided in POMC 16.06.060 to encourage maximum citizen participation. Additionally, general public notice shall be given at least 60 days prior to the comprehensive plan amendment application deadline to inform the public of the annual plan amendment process, the deadline for plan amendment suggestions and applications and how to obtain additional information. (2) When the council considers a change to an amendment to the comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comments has concluded, an additional opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change. (3) An additional opportunity for public review and comment is not required if: (a) An environmental impact statement has been prepared under Chapter 43.21C RCW for the pending ordinance, and the proposed change is within the range of alternatives considered in the environmental impact statement; (b) The proposed change is within the scope of the alternatives available for public comment; (c) The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; (d) The proposed change is to an ordinance making a capital budget decision as provided in RCW 36,70A.120; or (e) The proposed change is to an ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390. ,jECTIQN 2,. 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 OrchardAPP�th ayor and attested by the Clerk in authentication of such passage thi�12th J 8. Michelle Merlino, City Clerk APPROVED AS TO FORM: City Attorn y Spop.red by; John Clauson, Councilmember 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 February 12, 2008. ORDINANCE NO. 005-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO. 046-07 REGARDING THE ESTABLISHMENT OF LAND USE REGULATORY CODE Copies of Ordinance No. 005-08 is 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. 005-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick Deputy City Clerk Publish: Port Orchard Independent February 16, 2008