(1) 
This chapter provides for a unified process for amending the city of Port Orchard's comprehensive plan ("comprehensive plan") on an annual basis as required by law.
(2) 
The city's comprehensive plan 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.
(3) 
Proposed amendments to the comprehensive plan shall be processed pursuant to this chapter.
(Ord. 019-17 § 18 (Exh. 1))
An amendment to the comprehensive plan is a Type V (legislative) action and shall be considered in accordance with the procedures for such actions as set forth in Subtitle II of this title and this chapter.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
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 subarea 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 Hearings 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) which is associated with an annexation and which 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.
(2) 
Upon request of the applicant, a determination of an exception to the annual amendment process shall be made by the city council after recommendation by the planning commission.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
Site-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 text.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
Applications for comprehensive plan amendments shall be submitted to the department on a form provided by the city. At a minimum, each application for a comprehensive plan amendment shall require the following:
(a) 
A master permit application pursuant to Chapter 20.22 POMC.
(b) 
A detailed description of the proposed amendment in nontechnical terms;
(c) 
An official, complete Port Orchard comprehensive plan amendment application that includes:
(i) 
Name and address of applicant;
(ii) 
Description of maximum impact to the environment, and public facilities and services that could result from the most intense development that could result if the amendment is approved;
(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.
(d) 
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;
(v) 
Location of any critical areas and their buffers on or near the site;
(vi) 
Location of any open space, preservation areas, or wildlife habitat corridors;
(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's 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 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 Chapter 20.42 POMC.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
The city council, the mayor, or the planning commission may direct the director to prepare an application for a comprehensive plan amendment. The director is authorized to initiate the process for annual amendments to the comprehensive plan. The 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 § 20.04.040.
(2) 
The director may prepare implementing development regulations to accompany any proposed comprehensive plan amendments.
(3) 
The director shall docket and process each application as provided in this chapter.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
The director shall prepare and administer a preliminary comprehensive plan amendment agenda 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 comprehensive plan amendment process agenda.
(2) 
All comprehensive plan amendment applications must be completed and submitted to the planning department by 4:00 p.m. on January 31st of any year in order to be considered during that year's amendment process, provided city-initiated amendments may be submitted to the director at any time prior to the adoption of the final comprehensive plan amendment agenda. Completed applications that are received after the submission date will be placed on the comprehensive plan amendment agenda for the following calendar year. Applications that are incomplete will be returned to the applicant.
(3) 
By February 28th of each year, the director shall compile and maintain for public review a recommended final comprehensive plan amendment agenda for site-specific amendments and for city-wide amendments, including any proposed development regulations necessary to implement such amendments. The 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.
(4) 
The director shall provide notice of the recommended final comprehensive plan amendment agenda as provided in POMC § 20.04.080.
(5) 
The director shall provide the recommended final comprehensive plan amendment process agenda of project-specific amendments and citywide 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 community development director's recommended final comprehensive plan amendment agenda, shall adopt the final comprehensive plan amendment agenda for the current year plan amendment cycle no later than April 30th of each year.
(Ord. 019-17 § 18 (Exh. 1); Ord. 033-20 § 2; Ord. 020-21 § 1; Ord. 017-23 § 5 (Exh. A))
Upon adoption of the final comprehensive plan amendment agenda, the annual comprehensive plan amendment process shall be consistent with the general process and schedule for applications as described in POMC § 20.04.060. The planning commission shall make its recommendation, by resolution, to the city council prior to June 30th of the current year. The city council shall make a final decision on each proposed amendment by December 15th of the current year. Determination of an exception to the annual amendment process shall be made by the city council after recommendation by the planning commission. The failure to comply strictly with the calendar established in this section shall not affect the validity of amendments to the comprehensive plan.
(Ord. 019-17 § 18 (Exh. 1); Ord. 020-21 § 2)
(1) 
Upon receipt of each application for a comprehensive plan amendment, the director will provide public notice as provided in POMC § 20.04.060 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.
(Ord. 019-17 § 18 (Exh. 1))