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HomeMy WebLinkAbout005-26 - Ordinance - Amending Zoning Map, 4385 Sidney Road SWDocusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 ORDINANCE NO. 005-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT ORCHARD; RECLASSIFYING THE PROPERTY PREVIOUSLY ADDRESSED AS 4385 SIDNEY ROAD SW (LU25-REZONE-02), IDENTIFIED AS ASSESSOR PARCEL NUMBERS 022301-3-116-2001 AND 022301-3-117- 2000, FROM THE COMMERCIAL CORRIDOR TO COMMERCIAL MIXED -USE ZONING DESIGNATION; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Alan C. Keimig, on behalf of Sidney Road Investments, LLC (the "Applicant"), submitted an application for a site -specific rezone of approximately 6.79 acres from Commercial Corridor (CC) to Commercial Mixed -Use (CMU) for two parcels previously addressed as 4385 Sidney Road SW and identified as Assessor Parcel Numbers 022301-3-116-2001 and 022301-3-117-2000, in the City of Port Orchard (the "Property"); and, WHEREAS, the Applicant submitted a complete application for reclassification of the Property from the zoning designation "Commercial Corridor" to "Commercial Mixed -Use"; and WHEREAS, the property is designated Commercial in the City of Port Orchard Comprehensive Plan; and WHEREAS, the request to reclassify the Property has been reviewed and processed pursuant to Port Orchard Municipal Code ("POMC") Chapter 20.42, with notices of the rezone application provided in accordance with state and local requirements; and WHEREAS, a SEPA Determination of Non -Significance was issued for the rezone application in accordance with Chapter 20.42 POMC; and WHEREAS, the City of Port Orchard Hearing Examiner conducted an open -record hearing on January 28, 2026, and admitted exhibits into the record, including staff reports, and technical analyses; and WHEREAS, no public comments were received prior to the open -record hearing in response to the Notice of Application, SEPA Determination, Notice of Public Hearing, and no testimony was provided at the open -record hearing; and WHEREAS, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and a Recommendation on February 11, 2026, recommending approval by the City Council of the requested rezone based on compliance with the criteria in POMC 20.42.030 and consistency with the Comprehensive Plan; and WHEREAS, the City Council held a publicly noticed closed record public hearing consistent with the requirements of POMC 20.25 on March 24, 2026; and WHEREAS, the City Council concurs with the Hearing Examiner's Findings, Conclusions and Recommendation of the Hearing Examiner, and finds that the rezone application should be approved; now, therefore Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 Ordinance No. 005-26 Page 2 of 3 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Rezone Findings. The City Council hereby adopts the Findings and Conclusions, and Recommendation to approve the rezone issued by the Hearing Examiner in Findings of Fact, Conclusions of Law and Recommendation to City Council (LU25-REZONE-02). SECTION 2. Zone Reclassification. Pursuant to POMC 20.42.040, and consistent with Section 1 of this Ordinance, the City Council approves the rezone and amends the "Official Zoning Map of the City of Port Orchard" by changing the zone designation for the Property from "Commercial Corridor" to "Commercial Mixed -Use." The revised zoning map reflecting this change is attached to this Ordinance as Exhibit A and incorporated herein by this reference. SECTION 3. No Expiration. Pursuant to POMC 20.42.050(1)(b), it is the intent of the City Council that this approval shall not expire. SECTION 4. 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 parts of this ordinance. SECTION 5. Effective Date. 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 City Clerk in authentication of such passage this 14th day of April 2026. Signed by: L." Robert Putaansuu, Mayor T 19@ed by: L1 OLLE gF0Fo�daa�II1141 n �l,srt�lrrrrrr Brandy Wallace, MMC, City Clerk pRT Q�w,,� PI� J D AS TO FORM: ; SEAL Q. Charlotte A. Archer, City Attorney ���,�; •MBE ,�•' C �' PUBLISHED: April 17, 2026 ��`'•,0 ����`�4~ EFFECTIVE DATE: April 22, 2026