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1884 - Ordinance - Amending Ordinance 1634 Comp Plan MapNOTICE 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 January 13. 2003. I ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, AMENDING CITY OF PORT ORCHARD COMPREHENSIVE PLAN ORDINANCE NO. 1634; BY AMENDING THE COMPREHENSIVE PLAN MAP THAT WILL APPLY THE ADOPTED MEDIUM DENSITY RESIDENTIAL LAND USE CATEGORY TO SELECTED PROPERTIES CITYWIDE. Copies of Ordinance No. 1884 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. 1884 will be provided at a nominal charge. Michelle Merlin0 Deputy Clerk Publish: Port Orchard Independent January 22,2003 KitsaDlepals~,soundpublishing.con~ ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING CITY OF PORT ORCHARD COMPREHENSIVE PLAN ORDINANCE NO. 1634; BY AMENDING THE COMPREHENSIVE PLAN MAP THAT WILL APPLY THE ADOPTED MEDIUM DENSITY RESIDENTIAL LAND USE CATEGORY TO SELECTED PROPERTIES CITYWIDE. (CA-11-02) WHEREAS, the City Council adopted the Comprehensive Plan for the City of Port Orchard, by Ordinance No. 1648, pursuant to the Washington State Growth management Act (RCW 36.70A); and WHEREAS, State Law RCW 36.70A.130 dictates that cities shall at least every five years take action to review and, if needed, revise its Comprehensive Plan; and WHEREAS, the City Council of the City of Port Orchard in December 2000 adopted Ordinance 1807, authorizing a new Comprehensive Plan Land Use Category of “Medium Density Residential”, with the intent of applying this category to the Comprehensive Plan Map to selected properties citywide; and WHEREAS, the “Medium Densrty Residential” Comprehensive Plan Map Land Use Category is intended to recognize the small lot development patterns existing across much of the City, allowing infill and redevelopment through strict design guidelines; and WHEREAS, the City has proposed Comprehensive Plan Map Amendment CA-11-02 that is intended to apply the Medium Density Residential Category to those properties generally that are currently designated as High Density Residential, that meet the mapping criteria, and are not anticipated to be needed or developed as High Density Residential, and WHEREAS, adequate public notice has been given utilizing several public informational mediums, including the “Citizen Update”, advertisements. and legal notice. The public has been provided the opportunity to give comment at two open house sessions held on August 7 and 15, 2002; as well as opportunity before the City Planning Commission on August 19, 2002, September 16, 2002, October 4 and 30, 2003, and November 4,2002. The Planning Commission held a Special Study Session to tour the City in consideration of CA-13-02, and the other proposed Comprehensive Plan Amendments for 2002; and WHEREAS, two site specific requests were submitted and considered by the Planning Commission for lands outside of the proposed August 2002 “Medium Density Residential area-wide mapping which resulted in the following recommendations: Planning Commission Resolution No. 333-02, recommendation for denial for Mr. Chuck Childress for PN# 342401-4-082-2000;and, Planning Commission Resolution No. 334-02, recommendation for denial for Mr. Jack Perelli for parcel numbers 352401-2-082-2003, 352401 -2-083-2002; 352401 -2-080-2005, and, 352401 -2-081-2004, were received by the City to adjust the drafl Comprehensive Plan Map Amendment by designating properties as “Medium Density Residential; and WHEREAS, the City Council considered the requests of Mr. Childress, and Mr. Perelli, for the lands outside of the proposed city wide mapping of Medium Density Residential at a Public Hearing held on December 9, 2002, and at a Decision Hearing on December 23, 2002; and WHEREAS, the City Council finds that a portion of property owned by Mr. Childress, PN # 342401-4-082-2000, that is not constrained with steep slopes, meets the intent of the City’s Comprehensive Plan to be designated as “Medium Density Residential”; and WHEREAS, the City Council finds that the request by Mr. Perelli does not meet the intent of the Comprehensive Plan for properties to be designated as “Medium Density Residential”, due to the lack of adequate access to the properties for higher density development; and Ordinance No. 1884 Page 2 of 3 WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council of the City of Port Orchard their findings and conclusions as stated in Planning Commission Resolution No. 331- 02, recommending CA-11-02, which proposes to amend the Comprehensive Plan Map be denied for the reasons stated therein; and WHEREAS, city staff provided the City Council an overview of the proposed Comprehensive Plan Amendments on November 12,2002, a public hearing was held before the City Council on December 9, 2002, and the Decision Hearing regarding all the annual 2002 proposed Comprehensive Plan Amendments were held before the City Council on December 23,2002; 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, the Growth Management Act (RCW 36.70A.040(3)) legislatively mandated a statewide consistency doctrine by stating that development regulations must be consistent with adopted comprehensive plans. The proposed Comprehensive Plan Map Amendment will build consistency between the adopted text of the Comprehensive Plan Land Use Category of “Medium Density Residential” and the Zoning Ordinance zone and map designation of ”R8 and R12 Residential”, which represents much of the existing small lot development found in the central part of the City; and WHEREAS, the City Council makes the following additional findings: (1) That the proposed map reflects the intent of the Comprehensive Plan Land Use Category for Medium Density Residential, as approved by Ordinance No. 1807; and, (2) That the mapping will fulfill the objective of Ordinance No. 1807 to provide for a greater distinction between residential housing types and densities, promote home ownership and preservation of housing stock; and (3) That Comprehensive Plan Citywide Map Amendment CA-11-02 is consistent with the intent of the State Growth Management Act Goals (RCW 36.70A), city goals and policies of the community, and adopted Comprehensive Plan; now, therefore, DOES ORDAIN AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, SECTION I. That the City Council does hereby approve Comprehensive Plan Amendment CA-11-02, and does hereby designate certain properties on the Comprehensive Plan Map as “Medium Density Residential” (MDR), as depicted on Attachment “1”. SECTION 2. That Assessor Parcel Number 342401-4-082-2000 be designated as ”Medium Density Residential”, for that portion of the parcel that is outside of the steep sloped area, and the remaining lot area predominately constrained by steep slopes is to be designated as “Greenbelt“, as depicted in Attachment “2”. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. 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. Page 3 of 3 PASSED by the City Council of the City of Port by the City Clerk in authentication of such passage this 13'day LESLIE J. WEATHERILL, MAYOR City of Port Orchard Comprehensive Plan Landuse Map 8102/02 LEGEND 0 Port Orchard City Limits 0 Ownership Parcels Greenbelt 0 Low Density Medium Density High Density I lndustnal I Public and Community Space Gnnrnercial Rivers and Streams N Water Type 1 /"Water Type 2 A / Waler Tvoe 3 Water TV& 4 p,,/ Water Type 5 p,,/ Unclassified Water DNR Hydrology 0 Wetlands (DNR) Tidelands n Open Salt Water I Open Fresh Water ATTACHMENT '2' 079 .. . i.rr2. ... 6 . 069-00 0 I# 068-00 01 - - 067-00 01 071-00 I7