010-20 - Ordinance - The Official Zoning Map Reclassifying Property at 2843 Harold Drive to Business Prof. Mixed UseoRDtNANCE NO.010-20
AN ORDINANCE OF THE CtTy OF PORT ORCHARD, WASHTNGTON, REIAT|NG TO
THE OFFICIAL ZONING MAP OF THE CITY OF PORT ORCHARD; RECIASSIFYING
THE PROPERTY LOCATED AT 2843 HAROLD DRIVE SE FROM COMMERCIAL MIXED
USE TO BUSINESS PROFESSIONAL MIXED USE ZONING DESIGNATION, AND
ESTABLISH!NG AN EFFECTIVE DATE.
WHEREAS, Kenneth and Tara Snook (the "Applicants") are the owners of l-.05-acre
parcel located at2843 Harold Drive SE in the City of Port Orchard (the "Property"); and
WHEREAS, Applicants submitted a complete application for reclassification of their
Property from the zoning designation "Commercial Mixed Use" to "Business Professional Mixed
Use" in order to rectify an existing non-conforming use; and
WHEREAS, the Business Professional Mixed Use zoning designation is appropriate in
areas designated as Commercial within the City of Port Orchard Comprehensive Plan Land Use
Element; and
WHEREAS, the request to reclassify the Property has been reviewed and processed
pursuant to Port Orchard Municipal Code Chapter 20.42; and
WHEREAS, on January 30, 2020, the Hearing Examiner held a public hearing on the
request; and
WHEREAS, on February 13,2O2O, the Hearing Examiner issued his Findings, Conclusions
and Recommendation to the City Council, recommending approval of the request for
reclassification; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
L Adoption of Recommendation. The City Council adopts the Findings and
Conclusions, and Recommendation issued by the Hearing Examiner in "ln Matter of the
Application of Kenneth and Tara Snook for Approval of a Site-Specific Rezone," No. LU19-
REZONE-1, attached to this Ordinance as Exhibit A ("Hearing Examiner's Recommendation").
The City Council further accepts the recommendation of the Hearing Examiner's
Recommendation, which is to grant a zone reclassification of the property located al 2843
Harold Drive SE ("Property"), from "Commercial Mixed Use" to "Business Professional Mixed
Use." The Property and its new approved zone designation is shown on Exhibit B attached to
this Ordinance.
SECTION 2. Zone Reclassification. Pursuant to POMC 2O.42.04O, and consistent with
Section L of this Ordinance, the City Councilamends the "Official Zoning Map of the City of Port
Ordlnance No.0tG20
Page 2 of 2
Orchard' by changing the zone designation for the Property from "Commercial Mixed Use' to
"Business Professlcnal Mixed Use."
SECTION 3. flo Expiratlon. Pursuant to POMC 20.42.050{tXb), it is the intent of the City
Council that this approval shall not expire.
IECIION_4. Sevenbllity. tf any section, subsection, garagraph, 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 parts of this ordinance.
SECTION 5. Effective tlate. Thrs 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 heu of the entire ordinance, as authorized by State Law.
PAssED by the Crty Council of the Crty of Port Orchard, APPROVED by the Mayor and
attested by the city clerk in authentrcation of such passage this 28th day of April 2020.
\^^.P
ATTEST
Brand Rinearson, MMC, Crty Clerk
APPROVED AS TO FORM:
-
Robert Putaansu&, Mayor
SPONSORED BY
Councilrrember Scott Diener
_-)
u
A. Archer. City Attorney
PUBtlSHtD DATE. May 1,2020
EFFECTIVE DATE: \tav 6 2O2O
\__-
Exhibit A
Ordinance No. 0l 0-20
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ORCHARD
ln the Matter of the Application of
Kenneth and Tara Snook
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No. LUl9-REZONE-l
Harold Drive Housc Rezone
For Approval of a Site-Specit'ic Rezone )
FINDINGS, CONCLUS IONS.
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the City Council APPROVE the request to rezone the
l.05-acre residential property at2843 Harold Drive SE from the "Commercial Mixed Use"
zoning designation to the "Business Professional Mixed Use" zoning designation.
SUMMARY OF RECORD
Hearirrg Date
The Hearing Examiner held an open record hearing on the request on January 30,2020
Testimony:
The following individuals presented testimony under oath at the open record hearing:
James Fisk, City Associate Planner
Kenneth Snook, Applicant
Tara Snook, Applicant
Exhibits:
The following exhibits were admitted into the record:
l. ApplicationMaterials:
A. Master Permit Application Form. received November 4.2019
B. Site-Specific Rezone Application. received November 4.2019
C. Project Narrative. received November 4,2019
D. Aerial Site Map, undated
E. SEPA Environmental Checklist Application Form, received November 4,2019
F. Comprehensive Plan Map. dated June 26, 2018
2. Transmittal Letter, dated November 5, 2019
3. Revised Application Materials:
A. Revised Master Permit Application Form. received November 20,2019
B. Title Report. No. E2019-403741. dated November 18,2019
4. Transmittal Letter, dated November 22,2019
5. Detennination of TechnicalCompleteness. dated December 3,2019
6 Notice of Application, dated December 6.2019
7 . Affidavit of Mail ing (Notice of Application), dated December 6, 2019
Finrlings, Conclusions. and Recomntendation
Cillt o1 por, Orchard lleoring f-xaminer
Harold Drive House Re:one. ilto. l.Iil9-RE7-ON'ti-l
Page I ofl0
8.
9.
Affidavit of Posting (Notice of Application) dated December 6,2019
Affidavit of Publication (Notice of Application). Port Orchard Independent, dated
December 6,2019, with Classified Proof, published December 6,2019
Determination of Nonsignificance, issued December 23, 2019
Statutory Warranty Deed (No.20l9ll180208), recorded November 18,2019, with
Homeowner's Title lnsurance Policy, dated Novernber 18, 2019
Affidavit of Posting (Notice of Hearing). dated January 9.2020
Notice of Public Hearing, undated
Affidavit of Mailing (Notice of Hearing), dated January 10,2020
Affidavit of Publication, dated January 10, 2020; Classified Proof, Penin.sula Daily News,
published January I 0, 2020
Staff Report. dated January I 6, 2020
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16.
The Hearing Examiner enters the following findings and conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
Background
The subject property is approximately 1.O5-acres and contains a single-family residence
constructed in 1948. The property was zoned "Commercial" by Kitsap County prior to
its annexation by the City of Port Orchard (City) in April20l2. With annexation, the
City Council adopted zoning fbr the project site which most closely resembled the
associated zoning designation under Kitsap County. Accordingly, the property was
zoned "Commercial" at that time - a zoning classification that prohibits single-family
residential development. As a preexisting, nonconforming use, however, the single-
family residence on the propefty was allowed to remain. On March 27,2019, the City
revised its zoning classiflcations for the area and added additional zoning classifications
which would fall under the Residential. Commercial, or lndustrial designations of the
City's Comprehensive Plan. Again, the City atternpted to match previously zoned
properties in the irnpacted area with the new classifications. This led to the subject
properly being rezoned as "Commercial Mixed Use" (CMU), a zoning designation which
does not allow for single-family residential development. Again, however, as a
preexisting. nonconfbrming use, the single-family residence on the propefty was allowed
to remain fbllowing the rezone. Exhibit 16. StulJ'Report, page 3.
Application and Notice
Kenneth and Tara Snook (Applicant) request a site-specific reclassiflcation (rezone) of a
1.05-acre parcel from the "Commercial Mixed Use" (CMU) zone to the "Business
Professional Mixed Use" (BPMU) zone. The property is located at2843 Harold Drive
SE.t Exhibit t.B; Exhihit 3.A; Exhibir 16. Stafi'Report, page t.
'The subject property is identified by tax parcel number 4625-000-004-OlO2. l-xhibit l3; ftxhibit t6, Skdf
Report, page / A legal description is included with the projectnarrative. Exhibit l.C.
l:indings. Conclusiotrs, and Recomnrendation
Cit1, o7 por, Orchard tlearing l:xuniner
Harold Drive House Rezone. N'o I-Li l9-REZOND-I
2
Page 2 oJ.l0
l.
J The City detennined that the site-specific rezone application was complete on December
3,2019. On December 6, 2019. the City mailed notice of the application to owners of
property surrounding the subject property and published notice of the application in the
Porl Orchard lndependenl. On the same day the Applicant had notice posted on the
subject property. On January 9,2020. the Applicant had notice posted on the propefty.
The next day the City mailed or emailed notice of the public hearing associaled with the
application to surrounding property holders in accordance with City ordinances and
published notice of the hearing in the Porl Orchard lndependent. The City received no
public comments or comments from reviewing government departments and agencies in
response to its notice materials. Exhibits 5 through 9: Exhibits l2 through l5; Exhibit 16.
Stafi'Report, pages I and 15.
State Environmental Policy Act
The City acted as lead agency and analyzed the environmental impacts of the proposed
rezone. as required by the State Environmental Policy Act (SEPA), Chapter 43.21C
RCW. The City reviewed information submitted by the Applicant and other information
on file and determined that the pro.iect would not have a probable significant adverse
impact on the environment and that an environmental impact statement was not required.
The City used the optional Detemrination of Nonsignificance (DNS) process, under
Washington Administrative Code (WAC) 197-l l-355, and provided noticc of thc
threshold determination with the notice of application, which noted that the City expected
to issue a DNS. The City issued the DNS on December23,2019, with an appeal
deadline of January 6,2020. No appeals were filed. Exhibit l.E; Exhibit 6;Exhibit l0;
Exhibit 16. Stafi-Report. page I 5
The site contains and is adjacent to areas with potential for wetlands. Because approval
of the site-specific rezone does not involve any development, the City determined that a
wetland report is not required at this time. Critical areas would be reviewed at the time of
any proposed development. Exhibit 16. Staff Report, page 14.
Comorehensive Plan and Zonins
The City revised its Comprehensive Plan in November 2019. The City designates the
subject property and surrounding properties to the north, east, and south as Commercial.
Properties to the west are designated Medium Density Residential. Uses within the
Commercial designation include retail, office. mixed-use commercial/residential, and
professional services. Comprehen:;ivc Plcm, Sec. 2.4, Tuble I (Revised November 2019).
Exhibit l.F: Exhibit 16, Staff Report, pqges 2 ancl l.
City staff reviewed the proposal and identified several Comprehensive Plan goals and
policies as applicable to the rezone. including:
o Retaining the City's small town commercial and residential character while
accommodating allocated growth citywide. [Land Use Goal l]
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Findings, Conclusions, and Recontmendation
City of Port Orchord l-learing Examiner
llarold Drive House Re:one. No. l-lil9-RtZOL'E-I
Page 3 of l0
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. Ensuring that sufficient land is available tbr development to accommodate
allocated growth in population and employment. [Land Usc Goal 2]
o Protecting, enhancing. and maintaining the values and functions of the City's
natural areas. open spaces. and critical areas. ILand Use Goal 5]
e Encouraging the development of active. vibrant, and attractive destinations
throughout the community. [Land Use Coal 7]
. Ensuring that the City's housing stock responds to changes in desired housing
types based on demographic trends and population growth. [Housing Goal l]
r Ensuring that housing is affordable and available to all socioeconomic levels of
the City's residents. [Housing Goal 2]
o Promoting the efficient use of residential land in order to maxirnize development
potential. [Housing Goal 5l
. Supporting a diversified economy that provides primary living wage jobs for
residents, supported by adequate land for a range of employrnent uses, and which
encourages accomplishment of local econornic development goals. [Economic
Development Goal ll
Exhibit 16, Stcrfi Report, pages I through 6.
The property is currently zoned Commercial Mixed Use (CMU), as are surrounding
properties to the north, east, and south. Properties to the west are zoned Residential 3
(R3). The CMU zone is "intended to accornrnodate a broader range of residentialand
nonresidential activity than neighborhood mixed use" and auto-oriented uses are
restricted to promote walkability. Port Orchord hlunicipal L'ode (POMC) 20.35.8A(l ).
The types of buildings allowed in the CMU zonc include: townhouses, apartments, live-
work buildings. shopfiont hotnes, single-story shopfronts, rnixed use shopfronts and
general commercial buildings. POMC' 20.35.030(l/. Commercial mixed use should be
applied in areas where the existing or proposed land use pattern promotes mixed use and
pedestrian-oriented activity and may be applied in areas designated commercial in the
comprehensive plan. POITIC 20.35.030(l). Exhibit 16, Staff'Report, pages I through 4.
Chapter 36.70A Revised Code of Washington (RCW) mandates that zoning
classifications should be consistent with Comprehensive Plan designations. The City's
Comprehensive Plan Commercial designation includes both the CMU and Business
Professional Mixed Use (BPMU) zoning districts. The BPMU zone is intended to
accommodate mixed use development as well as a rnix of uses that are oriented around
the existing areas of medical, business professional, and residential uses and structures.
POMC 20.35.025(l/. Development in this zone is sought at a scale appropriate for uses
ranging from single-family detached to large medical buildings with larger buildings to
be designed to be more compatible with srnaller structures. POMC' 20.35.025(l). Exhibit
l.C; Exhibit 16, Stalf Report, poges 2 and 4.
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F i nd i ngs, O onc |us i otrs, anc{ Re conrne nda I i on
(:it!- oJ'Port Orchard lleoring lixaminer
Harold Drive House Re:one, No. LIil9-RLZONF-l
Page I of la
10.
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Findings. Conclusions, and Recommendation
City of Port Orclnrd Heoring [ixominer
tlarold f)rive Hou.se Rezone. No. l.I:19-REZON'E-l
Existing and Surroundine Propefty
The existing property contains a non-conforming detached historic residence constructed
in 1948 on one of the original Port Orchard homesteads. Access is from Harold Drive
SE. A detached house is not listed as an allowed use in the CMU zone. POMC
20.35.030(2). As an existing non-conforming structure in the CMU, it could not be
rebuilt if destruction exceeded 50 percent of its replacement cost. The Applicant
subrnitted a project narrative describing surrounding property as purchased by a public
entity and that the change to BPMU zoning would allow more redevelopment potential in
the frrture fbrthe subject property. Exhibit l.C: Exhibit 16, StaffReport. pages 2 and 1.
The developed portion of the site is buffered by a natural critical area located to the east.
Property to the south contains a self-storage facility. The single-family residence located
on the property faces a single-family residential development to the west. Both are
separated from the subject property by improved roads. Properties to the north are zoned
CMU and undeveloped . Exhibit 16, Sta"ff Report, page 12.
Poge 5 of l0
Rezone Criteria
City staff reviewed the proposed site-specific rezone request against the required criteria
for a rezone in POMC 20.42.030 and determined:
. The proposed rezone would be consistent with the Comprehensive Plan and
purpose of the proposed zoning district.
. The zoning history includes Commercial zoning by Kitsap County prior to
annexation.
o The proposed rezone would allow uses that are less intense than in the CMU
zone.
. Unless additional development occurs, no additional buffering is required.
r No new parcel boundaries would be created.
. The proposed rezone would have no significant impacts on housing or public
services.
. No additional environmental factors were identified.
. There is no change in land use that would impact pedestrian safety.
o Although the rezone would reduce employment intensity, this is not considered a
significant impact.
r With the rezone, the character of the property would not change, whereas if the
zone remained CMU, reconstruction of the non-conforming single-family
residence would not be allowed if more than 50 percent of the home were
destroyed. The structure is not a registered historical site, nor is it located in a
shoreline view area.
. No additional irnpact on service capacities was identified.
o The City determined that Kitsap County has acquired bordering property limiting
the opportunity for consolidation and Iarge-scale development on-site. The City
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determined that the BPMU zone is more compatible with the surrounding
propefties and future development of the site.
. The proposed rezone would not have an adverse impact on the critical area
wetlands located on the propefty. Any future proposed development would
address any irnpacts and would be sub.iect to the critical areas ordinance in effect
at the time of developr,rent application.
Exhibit 16, Stafi'Report. poges l0 through I3.
The City staff determined that that proposed rezone would be consistent with the
Contprehensive Plan goals and policies, and with the City's long-term Comprehensive
Plan direction. No other site-specific rezone applications have been requested in the
imrnediate area. Exhibit 16, Sta/f Report, poges 1, 12. anel 15.
Testinrony
City Associate Planner James Fisk testified generally about the proposal, the history of
the project site, and why a rezone would be necessary to ensure that future redevelopment
of the site as a residential property is neccssary in case of significant damage or
destruction. Teslimony oJ Mr. Fisk.
Applicant Kenneth Snook testitied that the existing residence is one of the original Port
Orchard homesteads and, because of this. the commercial designation and zoning for the
property have never made sense. He testifled that he and his wifb are seeking the site-
specific rezone to protect their investment in the property. Applicant Tara Snook concurred
with Mr. Snook's testimony. Testimony rl lvh.. Snook; T'estimony oJ Mrs. Snook.
Staff Recommendation
Mr. Fisk testified that the City recommends approval of the proposed site-specific rezone
without conditions. Exhibit 16, Sta/J Report, page l6; Testimonl,ofMr. Fisk.
CONCLUSIONS
J urisdiction
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 shall rnake a recommendation to the City Council as
to rvhether the proposed rezone rneets the criteria in POMC 20.42.030. POMC 2.76.080; POM('
2.76.100; POL,IC'2.76.110; POMC'Table 20.22.020, -.060(5): POMC 20.j2.010(2), - 040(J).
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 site-specific rezone criteria found in POMC 20.42.030. The City Council
then reviews the Hearing Examiner's recommendation and may hold an additional hearing on the
site-specific rezone application at its discretion. 'l'he City Council's approval. nrodification,
deferral, or denial of a site-speciflc rezone application shall be based on the criteria set forth in
F i ndi ngs, C ottc I us ions. a nd Rec o m me ndo I i o n
Citt of Port Orc'hard Hearing F)ramincr
Harold Drive tlou.re Rezone. .tio. l-l/19-REZONti-I
Page 6 of l0
POMC 20.42.030. lf a quasi-judicial rezone is approved. the city council will subsequently
adopt an ordinance amending the cit,v-'s official zoning map to be consistent with their flnal
decision on the rezone application. POMC 20.12.010(6).
Criteria for Review
POMC 20.42.030 sets forth general provisions and criteria the Hearing Examiner must use to
evaluate a request for a site-specific rezone. A request for a rezone shall only be approved upon
compliance with the following review criteria:
(l) The following general provisions shallapply to review of all site-specific rezone
applications:
(a) There is no presumption of validity favoring the action of rezoning;
(b) The proponents of the rezone have the burden of proof to demonstrate that conditions
have changed since the original zoning: and
(c) The rezone must bear a substantial relationship to the public health. safety" morals or
welfare.
(2) Criteria for Review. In addition to the generalcriteria in subsection (l) of this section, the
city shall review applications for site-specific rezone applications and issue approval of
said applications pursuant to the following criteria:
(a) Consistency with the existing comprehensive plan (the comprehensive plan that
has been approved and is in place at the time the application was submitted);
(b) Consistency with the purpose of the proposed zoning district;
(c) Consistency between zone criteria and area characteristics;
(d) Zoning history and precedential effect. Previous and potential zoning changes
both in and around the area identified in the application shall be examined:
(e) The impact of more intense zones on less intense zones or industrial and
commercial zones on other zones shall be minimized by the use of transitions or
buffers in the more intense zone, if possible. A gradualtransition between zoning
categories, including height limits, is preferred;
(0 Physical buffers may provide an ef'fective separation between different uses and
intensities of developrnent. The following elements rnay be considered as buffers:
(i) Natural features such as topographical breaks, lakes, rivers. streams,
ravines and shorelines;
(ii) Freeways. other major traffic arterials and railroad tracks;
(iii) Distinct change in street layout and block orientation;
(iv) Open space and greenspaces suitable in area to mitigate against more
intense uses:
(v) Zone boundaries;
(g) ln establishing boundaries, the following elements shall be considered:
(i) Physical buffers as described in subsection (2)(f) of this section: and
(ii) Platted lot lines:
F i nd i ngs, C onc I u s ions. and Rec ont me ndo I i on
City of Port Orchord lleat'ing Examiner
Itorold Drive House Re:one. No. l.Ul9-REZONI-l
Page 7 of l0
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(h) Boundaries between commercial and residential areas shall generally be
established so that commercial uses face each other across the street on which
they are located, and face away fiom adjacent residential areas. An exception may
be rnade when physical buffers can provide a more effbctive separation between
USCS;
(i) Impact Evaluation. The evaluation of the changes that would result from approval
of the application shall consider the possible negative and positive impacts on the
affected area and its surroundings. Factors to be examined include. but are not
limited to, the following:
(i) Housing;
(ii) Public servicesl
(iii) Environmental factors, such as noise, air and water quality, terrestrial and
aquatic flora and fauna, glare, odor, shadows and energy conservation;
(iv) Pedestrian safety;
(v) Manufacturing activity;
(vi) Employment activity;
(vii) Character of areas recognized for architectural or historic value;
(viii) Shoreline view, public access and recreation;
(ix) Service Capacities. Development which can be reasonably anticipated
based on the proposed development potential shall not exceed the service
capacities which can reasonably be anticipated in the area, including:
street access to the area; street capacity in the area; transit service; parking
capacity; utility and sewer capacity; shoreline navigation;
(x) Population and employrnent allocations as established through the
countywide planning pol icies:
(xi) Changed Circumstances. Consideration of changed circumstances shall be
limited to elements or conditions included in the criteria for the relevant
zone designations in the zoning code:
(xii) Critical Areas. If the area is located in or adjacent to a critical area, the
effect ofthe rezone on the critical area shall be considered.
POMC 20.42.030.
Conclusions
The rezone would meet the general site-specific rezone provisions of POMC
20.42.030(l) and rezone criteria of POMC 20.030(2)(a)-(c). The City provided
reasonable notice of the application and hearing. No public comments or comments from
reviewing government departments or agencies were received in response to the City's
notice materials. The property was zoned Commercial by Kitsap County and annexed
into the City. In 2019, the City rezoned the property to CMU, resulting in the ongoing
non-confoming status of the existing residential structure on the property. The
Applicant requested that the property be rezoned to BPMU, a zoning district consistent
with the City's Comprehensive Plan Commercial designation for this area that would also
I"indings. Conclrcions, and Recommendation
City of Port Orchard llearing Examiner
Harold Drive House Rezone, ,\'o. LUl9-REZONE-l
Page I oJ l0
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allow ongoing (or future) single-family residential development on the property
Findings I - 16.
The rezone would meet the rezone criteria of POMC 20.030(2Xd) and (e). No other
site-specific rezones have been applied for in the immediate area. The proposed rezone
would not set a precedent. as the purpose is to allow the non-conforming single-family
residence to be rebuilt in the event of destruction of over 50 percent. Permitted uses in
the BPMU zoneare less intensivethan in theCMP zone. Finclings l,2,9, ll, and 12.
The rezone would meet the rezone criteria of POMC 20.030(2Xf). The developed
portion of the site is buffered by a natural critical area located to the east. No additional
buffering was identified, as properties to the west and south are separated by roadways.
Properties to the north are zoned CMU and undeveloped. Findings 2, 1, 5, I I, ancl 12.
The rezone would meet the rezone criteria of POMC 20.030(2)(9) and (h). The
proposed rezone would apply to the entire parcel and existing platted lot lines. The
existing single-family residence faces residential properties to the west of the subject
properties. The developed portion of the site is buffered by a natural critical area located
to the east. Findings 1,2, 10. I I and 12.
5.The rezone would meet the rezone criteria of POMC 20.030(2XD. The proposed
rezone would have no significant impacts on housing or public services. The proposed
rezone would allow uses that are less intense than in the CMU zone. The City reviewed
the proposal's environmental impacts and issued a Determination of Nonsignificance.
which was not appealed. There is no change in land use that would impact pedestrian
safety. Although the rezone would reduce employnent intensity. this is not considered a
significant impact. With the rezone. the character of the propefty would not change,
whereas if the property remained zoned CMU, reconstnlction of the non-conforming
single-family residence would not be allowed if more than 50 percent of the replacement
cost were destroyed. The City determined that Kitsap County has acquired bordering
property lirniting the opportunity for consolidation and large-scale development in the
immediate vicinity. The City determined that the BPMU zone is more compatible with
the surrounding properties and future development of the site. The proposed rezone
would not have an adverse impact on the critical area wetlands located on the propefty.
Any future proposed development would address any impacts and would be subject to the
critical areas ordinance in effbct at the time of development application. Findings I - 16.
RECOMMENDATION
Based on the above findings and conclusions. the Hearing Examiner recommends that the City
Council APPROVE the request for a site-specific rezone from Commercial Mixed Use to
l;i nd i ngs, (- onc I u s ions. a nd Re c'onr m e nda I i ott
Oitlt o.f Port Orchard llearing lixaminet'
llerold Drit'e llouse Re:one, No. LL) l9-RI|ZON[,-I
Page 9 o.[ l0
Business Professional Mixed Use forthe 1.05-acre parcel located at2843 Harold Drive SE.
RECOMMENDED this l3th day of February 2020.
)
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
l,' i ndi ngs, (' onc I us h n s, u tul Rec om me ndal i on
Citl, of Port Orchard lleuring lixuniner
llorold Driye IIouse Re:otre. N'o l,(tl9-l?LLONli-l
Page l0 o/ l0
txh
City of Port Orchard
Site-Specific Rezone
LU19.REZONE.O1
EXHIBlT B
Brrsiness Ptuhssionel Mrxed us€ (gPMU)
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Oeparfn€ot of Cmmunily Oev€lopmmt
216 PGp€d St@t, Port Orchard \ArA 98355
Phorer (360) 874-5533 Far. (350) 876tr980M crtycdportorchard us
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https ://www.wapublicnotices.com/DetailsPrint.aspx?S I D=22gqn4...
Port Orchard Independent
Publication Name:
Port Orchnrd Independent
Publication URL:
wrvw.portorchn rrl i nderrcn<lenl.conr
Publication City and State:
Port Orchard, WA
Publication County
Kitsap
Notice Popular Keyword Category:
Notice Keywords:
Notice Authentication Number:
202005051 034037 62s192
2463794825
Notice URL:
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Notice Publish Date:
Friday, May 01,2020
Notice Cont€nt
NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordlnance approved by the Port Orchard City
Councll at thelr regular Council meeting held April 28, 2020, ORDINANGE NO. O1O-2O AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO THE OFFICIAL ZONING MAP OF THE CITY OF PORT ORCHARD; RECLASSIFYING THE PROPERTY LOCATED AT
2843 HAROLD DRIVE SE FROM COMMERCIAL MIXED USE TO BUSINESS PROFESSIONAL MIXED USE ZONING DESIGNATION, AND
ESTABLISHING AN EFFECTM DATE. Copies of Ordinance No. 010-20 are available for revlew at the office of the City Clerk of the City of Port
Orchard. Upon wrltten request, a statement ofthe full text ofthe Ordlnance will be mailed to any interested person without charge, Thirty
days after publicatlon, copies of Ordlnance No. 010-20 will be provlded at a nomlnal charge. Clty of Port Orchard Brandy Rlnearson City Clerk
Date of flrst publication: May 1, 2020 (POI897667) ad+#8976677
Back
Iof I 51512020,8:34 AM
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 April 28, 2020.
ORDINANCE NO. 010-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
THE OFFICIAL ZONING MAP OF THE CITY OF PORT ORCHARD; RECLASSIFYING THE
PROPERTY LOCATED AT 2843 HAROLD DRIVE SE FROM COMMERCIAL MIXED USE
TO BUSINESS PROFESSIONAL MIXED USE ZONING DESIGNATION, AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 010-20 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. 010-20 will be provided at a nominal charge.
Published: Friday, May 1, 2020